Roberts v. Colvin

946 F. Supp. 2d 646, 2013 WL 2297192
CourtDistrict Court, S.D. Texas
DecidedMay 24, 2013
DocketCivil Action No. 4:12-CV-00842
StatusPublished
Cited by18 cases

This text of 946 F. Supp. 2d 646 (Roberts v. Colvin) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberts v. Colvin, 946 F. Supp. 2d 646, 2013 WL 2297192 (S.D. Tex. 2013).

Opinion

MEMORANDUM AND ORDER

GEORGE C. HANKS, JR., United States Magistrate Judge.

In this case seeking judicial review of a denial of Social Security benefits, Plaintiff Gail Whitmire Roberts (“Roberts”) filed a Motion for Summary Judgment and Brief in support.2 Defendant Carolyn W. Colvin, Acting Commissioner of the Social Security Administration, filed his own Motion for Summary Judgment and Response to Roberts’ Motion for Summary Judgment. This case has been transferred to this Court pursuant to 28 U.S.C. Section 636(c). Having considered the parties’ briefing, the applicable legal authorities, and all matters of record, the Court denies Roberts’ Motion for Summary Judgment and grants the Commissioner’s Motion for Summary Judgment.

I. BACKGROUND

Roberts, born in 1961, suffers from diabetes, high blood pressure, migraines, dizziness, and neuropathy. Roberts graduated from high school and completed one year of college. (Tr. 361). Roberts alleges she became disabled on October 7, 2007. (Trl 30, 324, 328). Prior to the onset of her alleged disability, she was employed as a retail sales manager. (Tr. 354).

Medical Records

In 2005, Roberts began a regular series of appointments with Dr. Susie Nguyen, an internal medicine physician. (Tr. 672). As Roberts’ primary care provider, Dr. Nguyen has treated her for minor illnesses, such as influenza, as Well as her chronic conditions-diabetes, headaches, and pain.

Dr. Nguyen first treated Roberts for migraines in May 2005. Roberts’ reported to Dr. Nguyen that her headache lasted one week. (Tr. 663, 665). Dr. Nguyen prescribed Fiorinal with codeine, a migraine medication, and she also instructed Roberts to continue taking' Vicodin as needed. Roberts then went six months without reporting a headache. In October of 2005, she complained of another severe headache. (Tr. 661). Dr. Nguyen prescribed Relpax (a migraine medication), Lortab (a narcotic pain medication), and Phenergan for nausea. Id. On November 2, 2005, Roberts suffered another headache. Despite the numerous medications Roberts had previously been prescribed, Dr. Nguyen instructed her to continue taking Lortab and to start taking Soma, a muscle relaxer. (Tr. 659). One week later, on November 9, 2005, Roberts complained of another severe headache. Dr. Nguyen ordered an MRI of Roberts’ brain, with and without contrast. (Tr. 657). The MRI report stated that no abnormalities were detected-all findings were “normal.” (Tr. 557-599). Dr.' Nguyen instructed Roberts to continue taking the muscle relaxers and narcotic pain medication and to start taking Topamax, a different migraine medication. (Tr. 657).

[650]*650On January 3, 2006, Roberts reported to Dr. Nguyen that she was still having headaches, and her headache severity was a five out often. (Tr. 651). Dr. Nguyen then referred Roberts to Dr. Allen Chu, a board certified neurologist. On January 6, 2006, Dr. Chu’s tested Roberts and found no evidence of neurophysiologic abnormalities. (Tr. 647). Although Dr. Chu agreed to accept Roberts as a patient and treat her headaches, the medical record indicates only one visit with Dr. Chu. Id. Instead of seeing Dr. Chu, however, Roberts saw Dr. Nguyen for her headaches a few weeks later. On January 31, 2006, Roberts reported to Dr. Nguyen that her headaches were “somewhat better, but still occurring daily.” (Tr. 645). Dr. Nguyen instructed her to continue taking Lortab, the narcotic pain medication. Id.

In March 2006, Roberts attended another follow-up appointment with Dr. Nguyen. At this appointment, Roberts reported still having intermittent headaches, but stated that she was “bothered mostly by pain in [her] cervical neck radiating into her shoulders.” (Tr. 642). Dr. Nguyen increased her Lortab to every six hours for ten days — she provided Roberts three refills. (Tr. 643).

In August 2006, Roberts saw Dr. Nguyen again and reported that her headaches had increased in severity. (Tr. 636-656). Roberts also reported difficulty sleeping and “feeling depressed.” (Tr. 639). Dr. Nguyen gave Roberts an additional two refills of Lortab, three muscle relaxant refills, and again prescribed Topamax. Id. In October 2006, Roberts told Dr. Nguyen that her headaches were continuing — Dr. Nguyen advised her to keep taking her medications. At Roberts’ November appointment, Dr. Nguyen noted Roberts’ depression was both “stable” and “better.” (Tr. 635). Roberts told Dr. Nguyen that she was still having headaches three to four times per week — she was again directed to continue taking her medication. (Tr. 636). Roberts also saw Dr. Nguyen again in February and May of 2007. In February, Dr. Nguyen documented that Roberts reported she was “under tremendous stress” and had daily migraines. Roberts reported that on most days she took three Lortab tablets per day. (Tr. 630). At the May appointment, Roberts complained that the Topamax caused black-outs and memory deficits. Roberts reported continuing headaches despite the medications — she told Dr. Nguyen she was taking Lortab two to three times daily, four to five times per week. (Tr. 629). She also told Dr. Nguyen that she could not afford to take Lipitor for cholesterol. Id.

During her October 9, 2007 appointment with Dr. Nguyen, Roberts again complained of medication side effects, continued headaches, and neck and back pain. (Tr. 626). Roberts told Dr. Nguyen she had been working for the past one-and-a-half months at a retail store and that she experienced low blood sugar when working extended hours. Roberts received new prescriptions for headaches and muscle pain (Lortab and Flexeril) and was instructed to continue her medication for diabetes. Id. She was started on Crestor for high cholesterol. Id. Dr. Nguyen also reviewed stress relief techniques with Roberts. Id.

On October 29, 2007, Roberts again saw Dr. Nguyen with complaints of neck pain and headaches. (Tr. 623-24.) She reported being in a motor vehicle accident the previous week. According to Roberts, her neck pain and headaches increased after the accident. Id. Her neck felt “very stiff’ and was difficult to move. Id. Although no head trauma was observed, Roberts reported she may have blacked out. Id. Her physical examination by Dr. Nguyen was [651]*651unremarkable, with the exception of minor range of motion deficits in her neck. Id. Dr. Nguyen instructed Roberts to stop taking the muscle relaxer, Flexeril and to instead start taking Robaxin for her muscle spasms, and to move her neck as much as possible. She advised Roberts to continue taking Lortab for her headaches, as well as her other medications for diabetes and hypertension, and to follow-up in three months. Id.

Roberts saw Dr. Nguyen eleven times in 2008, complaining primarily of headaches and chest pain. (Tr. 597-622). In February 2008, Roberts reported that her headaches were more severe, that she had difficulty sleeping, and that she had been taking Lortab two to three times per day. (Tr. 621-22). Roberts’ blood pressure at that visit was only slightly elevated and her physical examination was unremarkable. Id. Dr. Nguyen again referred Roberts to Dr. Chu for a neurology consultation-however, Roberts told Dr. Nguyen that she could not afford to see a neurologist, and she did not make an appointment. Id.

Roberts saw Dr. Nguyen several times in April 2008. (Tr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
946 F. Supp. 2d 646, 2013 WL 2297192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-colvin-txsd-2013.