Sharon Begin v. Andrew Saul, Commissioner Social Security Administration

2021 DNH 146
CourtDistrict Court, D. New Hampshire
DecidedSeptember 14, 2021
Docket20-cv-349-PB
StatusPublished
Cited by1 cases

This text of 2021 DNH 146 (Sharon Begin v. Andrew Saul, Commissioner Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, D. New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Sharon Begin v. Andrew Saul, Commissioner Social Security Administration, 2021 DNH 146 (D.N.H. 2021).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Sharon Begin

v. Case No. 20-cv-349-PB Opinion No. 2021 DNH 146 Andrew Saul, Commissioner Social Security Administration

MEMORANDUM AND ORDER

Sharon Begin challenges the denial of her application for

disability insurance benefits pursuant to 42 U.S.C. § 405(g).

Her principal arguments are that the Administrative Law Judge

(“ALJ”) who considered her application failed to properly

evaluate her fibromyalgia and the medical opinion evidence

supporting her application. The Commissioner, in turn, moves

for an order affirming the ALJ’s decision. For the following

reasons, I deny Begin’s motion and affirm the Commissioner’s

decision.

I. BACKGROUND

A. Procedural Facts

Begin is a 56-year-old woman with a high school education

who worked as a veterinary technician until October 2013. She

alleged disability as of November 1, 2013, due to fibromyalgia,

arthritis, sleep apnea, cervical spondylosis, insomnia,

myofascial pain, osteoporosis, and Dupuytren’s contracture. Begin’s application was initially denied in June 2018. On

February 13, 2019, she testified at a hearing before ALJ Tracy

LaChance, who ultimately denied her application. See Tr. 7-22.

The Appeals Council denied her request for review in January

2020, rendering the ALJ’s decision the final decision of the

Commissioner. See Tr. 1-6. Begin now appeals.

B. Medical Evidence

In June 2012, Begin suffered a work-related injury to her

neck and right elbow while restraining a large dog. She

continued to work and reinjured the same area in a similar

fashion in November 2012.

After physical therapy provided only minor improvement,

Begin underwent cervical spine surgery in May 2013.

Postoperative x-rays showed “intact hardware and alignment of

cervical spine.” Tr. 240. Six weeks later, Begin had “minimal

postoperative axial neck pain but significant improvement of

radicular symptom.” Tr. 251.

At her next postoperative appointment in August 2013, Dr.

Robert McLellan noted “excellent resolution of symptoms” and

referred Begin for physical therapy “for purposes of

conditioning to point where she would be able to do her regular

full duty job as a vet technician.” Tr. 253. Dr. McLellan also

released her to part-time sedentary work at that time. Tr. 253.

2 Two months later, Dr. McLellan noted that Begin was

engaging in “light to medium housework” and reporting muscular

soreness in her left shoulder, but she had “minimal neck pain.”

Tr. 255. He also noted that “her work capacity may plateau at a

lighter capacity” and released her to six hours of sedentary

work. Tr. 255-56. Dr. McLellan increased her capacity to eight

hours of sedentary work in February 2014, noting that Begin had

completed her physical therapy in December and had “maxed out at

about 20 pounds” in terms of her weight-lifting capacity. Tr.

257-58.

In November 2014, Begin had a postoperative follow-up visit

with Drs. Timothy Lin and William Abdu. She reported “doing

quite well” since her last visit and that the neck and arm pain

she had prior to the surgery were “almost completely resolved.”

Tr. 259. She complained of “some pain in the posterior aspect

of her neck . . . that seems to be muscular in nature,” and that

she had “plateaued with regards to improvement in strength.”

Tr. 259. Dr. Lin wrote in the treatment notes that he had

filled out worker’s compensation paperwork allowing Begin to

continue working two six-hour days per week with a forty-pound

maximum weight limit and minimal sitting. Tr. 260. Dr. Abdu

agreed with Dr. Lin’s assessment. See Tr. 260.

In March 2015, Begin reported to her primary care

physician, Dr. Courtney Farrell, that she was “active” but that

3 her exercising was limited due to a snowshoeing injury. Tr.

269, 271. Two months later, Begin reported during a

consultation for management of osteoporosis that she was “quite

active,” doing “some weight bearing exercise,” and feeling well,

although she had noticed sleep problems and daytime fatigue.

Tr. 277.

At her next appointment with Dr. Farrell in December 2015,

Begin complained of right elbow pain that she had noticed while

kayaking that summer, as well as mental fogginess. Tr. 280.

Later that month, Begin was evaluated for neck pain. Dr.

Stephen Lordon believed that the pain was myofascial in nature

and recommended physical therapy and ibuprofen. Tr. 289.

In February 2016, Begin reported to Dr. Ayyuppa Duba that

she was experiencing fatigue, nonrestorative sleep, and

occasional pain over her elbows. She also reported working out

every day and going to the pool without worsening fatigue or

muscle aches. Tr. 298. Dr. Duba noted that, once other causes

were ruled out, fibromyalgia should be considered in light of

Begin’s sleep problems and findings of tender points above and

below the waist. Tr. 302. Dr. Daniel Albert agreed with Dr.

Duba and diagnosed Begin with fibromyalgia. Tr. 302-03.

Begin followed up with Dr. Lordon regarding her neck pain

in February 2017. She reported that the pain is “nearly 100%

relieved by ibuprofen.” Tr. 312. Dr. Lordon noted that her

4 symptoms were consistent with cervical facet arthritis and

recommended a medial branch nerve block, to which Begin agreed.

Tr. 315. Although it “did seem to help,” the procedure itself

was so painful that Begin declined a second nerve block. Tr.

320.

At a follow-up appointment for her fibromyalgia in October

2017, Begin reported not waking up refreshed but that, overall,

she was “doing OK” and exercising regularly. Tr. 320. She

described her pain as a “3” on a 1-to-10 scale. Tr. 320. Her

provider noted that Begin’s fibromyalgia seemed “stable” on

medication. Tr. 323. A subsequent sleep study showed that

Begin suffered from moderate obstructive sleep apnea, which was

severe during REM. Tr. 211.

In connection with her disability application, Begin had an

orthopedic evaluation with Dr. Frank Graf in June 2018. She

reported fatigue, difficulty in word and date recall, tremors in

her hands, problems with balance, light sensitivity, and chronic

neck and back pain. Tr. 347. Dr. Graf’s examination showed a

reduction in her cervical range of motion, pain on palpation in

her neck and back, as well as increased sensitivity in the

sciatic notches. Tr. 348. He stated that Begin “is impacted by

difficulty in maintaining concentration and pace with symptoms

of fatigue.” Tr. 348. After opining that Begin “may have a

5 neurological disorder,” Dr. Graf wrote that such a diagnosis

would require further examination and testing. Tr. 348.

Later that month, Dr. John MacEachran, a state agency

physician, reviewed Dr. Graf’s examination report, Begin’s

treatment notes from December 2012 to October 2017, as well as a

function report completed by Begin in March 2018. See Tr. 59-

62. Dr. MacEachran agreed that Begin suffered from fibromyalgia

and back disorders, noting her history of surgery, continued

treatment for myofascial pain, allegations of fatigue, and

diagnosis of sleep apnea. Tr.

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2021 DNH 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharon-begin-v-andrew-saul-commissioner-social-security-administration-nhd-2021.