Schmiedebusch v. Commissioner of Social Security Administration

536 F. App'x 637
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 24, 2013
Docket19-3827
StatusUnpublished
Cited by74 cases

This text of 536 F. App'x 637 (Schmiedebusch v. Commissioner of Social Security Administration) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schmiedebusch v. Commissioner of Social Security Administration, 536 F. App'x 637 (6th Cir. 2013).

Opinion

HELENE N. WHITE, Circuit Judge.

Steven J. Schmiedebusch (Schmiede-busch) appeals the district court’s affir-mance of the Administrative Law Judge’s (ALJ) denial of his claim for Social Security disability insurance benefits based on a finding of residual functional capacity. On appeal, Schmiedebusch argues that the ALJ’s determination of his residual functional capacity and finding that he lacked credibility are not supported by substantial evidence, and that the ALJ was biased against him and made erroneous vocational findings. We AFFIRM.

I.

A. Reflex Sympathetic Dystrophy

In 1994, Schmiedebusch suffered a work-related injury that tore triangular cartilage in his left wrist. He underwent surgery to correct the tear in June 1995 and developed reflex sympathetic dystrophy (RSD) in his left arm as a result of the surgery. This condition left him with chronic pain in his left wrist, for which he had multiple stellate ganglion blocks injected into his neck. 1 These blocks helped relieve some of the pain, but did not cure Schmiedebusch of all symptoms. Schmiedebusch resumed his work as a tow motor operator, semi-truck driver, and laborer for approximately seven years.

B. Cervical Spine Injury

On July 25, 2002, Schmiedebusch suffered a work-related injury while loading television tubes onto a truck. According to Schmiedebusch, he heard and felt something “snap” in his neck, and experienced neck and left shoulder pain. On September 20, 2002, a magnetic resonance image (MRI) of Schmiedebusch’s cervical spine revealed “mild to moderate central steno-sis 2 at C6-C7 from a central disc herniation, mild central stenosis at C5-C6 from a broad based disc bulge and mild degenerative disc disease at C5-C6 and C6-C7.” Schmiedebusch’s chiropractor, Dr. Ron Black, referred him to Dr. Rodney Rout-song for a neurosurgery consultation on *639 October 2, 2002. Dr. Routsong reviewed the MRI, found no signs of cervical radi-culpathy or myelopathy, and noted mild disc bulging at C5-6 and C6-7, with no sign of disc herniation or nerve or spinal-cord compression. He did not recommend neurosurgical intervention as there was “no surgical cure” for Schmiedebusch’s condition, but recommended that Schmied-ebusch continue chiropractic care.

Over five years later, on December 28, 2007, a CT scan of Schmiedebusch’s neck revealed degenerative disc disease and mild to moderate spinal-canal stenosis at the C5-6 and C6-7 levels. On March 6, 2008, Dr. Jerold Gurley, an orthopedic surgeon, compared a current CT scan of Schmiedebusch’s neck with the scan from December 2007. He noted “severe central spinal stenosis with moderate ventral cord impingement at the C5-6 level due to a broad based disc protrusion or disc bulge and associated end plate osteophyte formation” as well as “mild central spinal steno-sis at C6-7.” On April 18, 2008, Dr. Jay Nielsen noted that Dr. Gurley recommended surgical treatment for Schmiede-busch’s neck, and also recommended that Schmiedebusch proceed with neck surgery.

On July 8, 2008, Dr. Joseph Rusin conducted an independent medical evaluation of the extent of Schmiedebusch’s physical disability. Dr. Rusin recommended that Schmiedebusch undergo spinal decompression surgery, and opined that he was incapable of doing anything aside from light sedentary work. On August 6, 2008, Schmiedebusch was evaluated by Dr. Gordon Bell, an orthopedic surgeon at the Spine Institute of the Cleveland Clinic. After reviewing Schmiedebusch’s history, Dr. Bell stated that he did not recommend surgical treatment, although he acknowledged that Schmiedebusch did have steno-sis at the C5-6 level. On August 12, 2008, Dr. Nielsen saw Schmiedebusch again and noted his disagreement with Dr. Bell, calling the consultation with Dr. Bell a “complete waste of time.” Dr. Nielsen again recommended that Schmiedebusch have the surgery.

On December 2, 2008, Dr. Gurley performed an anterior cervical discectomy and fusion on Schmiedebusch. The surgery was successful and there were no complications. On January 13, 2009, Dr. Nielsen examined Schmiedebusch and opined that “the neck is fixed,” but that his slow recovery may be the result of the delay in obtaining approval for the surgery. Between February and March 2009, Schmiedebusch had approximately twenty-two physical therapy treatments. Schmiedebusch reported compliance with a home exercise program at each of these visits and the majority of the therapist’s notes from his visits reflect that he was “progressing towards goals.” However, at Schmiedebuseh’s last therapy visit, his physical therapist evaluated his progress as “minimal.”

Schmiedebusch returned to Dr. Gurley on April 22, 2009 for a postoperative follow-up examination. Schmiedebusch reported no major improvement in his symptoms, but that there was “clearly improvement” in his pain and functioning and that he was optimistic regarding his recovery. Schmiedebusch also received acupuncture treatments from March to June 2009. The acupuncturist reported that Schmiedebusch made “a little progress” and that Schmiedebusch commented that “any improvements no matter how short live[d], without the effects of narcotics, [are] very welcome.” Schmiedebusch returned to Dr. Gurley for further evaluation on August 19, 2009 and stated that he felt stable, but continued to experience *640 persistent paresthesias 3 in his left upper and lower extremities. Schmiedebuseh had another consultation on September 23, 2009, and Dr. Gurley noted that he was “improved and stabilized from a pain and functional standpoint.”

On October 7, 2009, Dr. John Kovesdi, an orthopedic surgeon, conducted an independent examination of Schmiedebuseh as requested by the Ohio Bureau of Worker’s Compensation. Schmiedebuseh told Dr. Kovesdi that his symptoms following the surgery were improved, although not gone completely. Dr. Kovesdi stated that Schmiedebuseh had reached maximum medical improvement with regard to the sprain of his neck and the herniated discs at C5-6 and C6-7. Dr. Kovesdi further opined that although Schmiedebuseh could not return to his former job of utility and salvage operator, he would be able to perform “sitting, sedentary activities only,” so long as he “avoidfed] repetitive neck movements[.]”

C. Shoulder and Upper Arm Pain

On January 21, 2003, due to persistent pain, Schmiedebuseh had an MRI of his left shoulder. The MRI “rule[d] out rota-tor cuff tear” and indicated that Schmiede-busch’s left shoulder was “normal.” In February 2004, Schmiedebuseh received two stellate ganglion block injections in order to lessen the pain in his left arm. On February 3, 2005, Dr. John Brems examined Schmiedebuseh, reviewed the MRI scan from 2003 as well as one from 2004, and concluded that Schmiedebusch’s shoulder was “essentially normal.” He diagnosed Schmiedebuseh with “chronic benign pain with complex regional pain syndrome,” and referred him to Dr. Michael Stanton-Hicks, an expert in complex pain issues. In 2006, Dr. Stanton-Hicks implanted a spinal cord stimulator in Schmiedebuseh, who reported that the simulator helped, but did not completely relieve his symptoms.

C. Bilateral Knee Osteoarthritis

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536 F. App'x 637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmiedebusch-v-commissioner-of-social-security-administration-ca6-2013.