Siegle v. Barnhart

377 F. Supp. 2d 932, 2005 U.S. Dist. LEXIS 23400, 2005 WL 1566694
CourtDistrict Court, D. Colorado
DecidedFebruary 7, 2005
Docket1:04-cv-00588
StatusPublished
Cited by2 cases

This text of 377 F. Supp. 2d 932 (Siegle v. Barnhart) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Siegle v. Barnhart, 377 F. Supp. 2d 932, 2005 U.S. Dist. LEXIS 23400, 2005 WL 1566694 (D. Colo. 2005).

Opinion

MEMORANDUM OPINION AND ORDER

MILLER, District Judge.

Plaintiff Herbert W. Siegle (Siegle) appeals the final decision of Jo Anne B. Barnhart, Commissioner of Social Security (Commissioner), denying his application for disability insurance benefits and supplemental security income. Following review of the administrative record, the par *936 ties’ written and oral arguments, and their tendered draft orders, I conclude that the Commissioner’s decision should be reversed.

Background

Siegle was born October 13, 1954. Administrative Record (Record) at 266. He graduated from high school, and has been employed as a bus driver, ramp agent, apartment manager and small products assembler. Id. at 266-68. Siegle alleges that he is disabled due to a bulged disc, headaches and pain in his arms, hands, legs, and neck, resulting from a vehicular accident on March 23, 2001. Id. at 51, 72, 114-15.

A. Treatment History

The Record reveals the following relevant medical history. On March 23, 2001, Siegle went to the emergency room (ER) after being involved in an accident, complaining of mild pain in his posterior neck and lower back. Id. at 114. Findings on exam were unremarkable, and the doctor diagnosed cervical and lumbar strain and discharged Siegle the same day in good condition. Id. at 115.

On June 5, 2001, Siegle presented to Kaiser Permanente (Kaiser), his regular healthcare provider, complaining of sleep disturbance and generalized body pains since his accident. Id. at 195. He was seen by Karen Sloan, M.D., who prescribed amitriptyline without an examination. Id. at 197.

On June 26, 2001, Siegle returned to Kaiser and saw Jonathan Gordon, M.D., complaining of neck pain, nausea, chronic headaches, and pain, numbness and weakness in both hands. Id. at 202. Dr. Gordon found decreased range of motion, flex-ion, and extension in Siegle’s neck, as well as mild trapezius tenderness. Id. at 203. Dr. Gordon diagnosed Siegle with a whiplash injury to his neck, nausea, and tension headaches, and prescribed zantac and rani-tidine. Id. Siegel saw Dr. Gordon again on July 11, 2001, complaining of headaches, neck pain, and numbness in his hands. Id. at 205. Dr. Gordon found some neck tenderness and some decrease in range of motion in his neck and a weakened grip, and continued his diagnosis of whiplash injury to neck. Id. On March 1, 2002, at a follow-up appointment, Dr. Gordon, without making additional objective findings, diagnosed cervical radiculopathy and degenerative joint disease, and referred Sie-gle to David Mulica, a psychiatrist.

Siegle saw Dr. Mulica on March 18, 2002. Id. at 215. Id. Dr. Mulica found a full range of motion in cervical spine, full strength in upper and lower muscle groups, and that cervical loading and Spur-ling maneuvers reproduced symptoms. Id. at 216. Dr. Mulica diagnosed Siegle with chronic pain syndrome, prescribed nortriptyline, and recommended shoulder and neck strengthening exercises, home traction, and physical therapy. Id. at 216-17. 1

On February 22, 2003, Siegle underwent a MRI examination. The interpreting doctor found that there was a moderate diffuse disk and/or bony bulge at one of his spinal joints, resulting “in bilateral forami-nal narrowing, compression of the sub-arachnoid space anterior to the cord, and mild flattening of the anterior cord contour.” Id. at 142.

On February 26, and March 5, 2003, Siegle saw Kirsten Fischer, a physical therapist. Id. at 147-48. In her notes, Fischer stated that they “discussed glove pattern as not consistent with radicular *937 pain.” Id. at 149. She also noted that physical therapy had worsened his symptoms. Id. at 148.

On March 24, 2003, Siegle had a neurosurgery referral with Edward Colapinto, M.D. Id. at 147. Although no assessment is described in the record, Dr. Colapinto diagnosed cervical spondylosis without myelopathy. 2 Id.

B. Consultive History

On July 31, 2002, Siegle saw Michael Finch, M.D. for a consultive examination. Id. at 129. Finch made objective findings including some range of motion limitations, mostly normal strength, and some reflex limitations, and gave a diagnosis of “chronic neck.” Id. at 130-31. He found inconsistent the fact that Siegle had “very dramatic pain behavior with frequent verbalization of pain with any activity, but is generally smiling,” and thus opined that a psychiatric evaluation might be warranted to explore “symptom magnification.” Id. at 130. Dr. Finch opined that Siegle could lift 15 pounds frequently, 25 pounds on occasion below shoulder height; carry 20 pounds chest high for short distances, sit, stand, and walk four-to six hours a day with frequent position changes, and that his feeling, fingering, and dexterity were normal. Dr. Finch also handwrote on the report that Siegle “was observed in restroom doing [normal range of motion.]” Id. at 132.

On August 12, 2002, Siegle saw John Schaeffer, M.D. for a consultive psychological examination. When asked about his current pain level, Siegle described it as a ten out of ten, or “so extreme that he could not move part of his body,” even though, as Dr. Schaeffer observed, he was moving “all parts of his body without difficulty during the examination. Id. at 135. Dr. Schaeffer found Siegle’s thought processes confused and disorganized and his speech rambling and tangential. Id. at 136. Dr. Schaeffer diagnosed Siegle with, among other things, a mood disorder due to chronic pain, a pain disorder due to both psychological factors and a general medical condition; a learning disorder; and possible borderline intellectual functioning. Id. at 137. Additionally, Dr. Schaeffer opined that Siegle appeared to be “limited somewhat in understanding, memory, ability to sustain concentration, persistence and pace, and social interaction and adaption,” but that Siegle might have been over-reporting his limitations. Id. at 138.

B. Administrative Proceedings

Siegle filed an application for disability insurance benefits on May 23, 2002. After his application was denied, Siegle requested a hearing, which was held on June 26, 2003. Siegle, who was represented by counsel, testified as follows.

After describing his job history, including a job as a small parts assembler Siegle testified that he has constant severe pain in his neck, back, arms, and hands. Id. at 277. Pain medications do not help, so for relief, he alternates between standing and sitting all day, as well as pacing up and down his driveway. ' Id. at 270.

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377 F. Supp. 2d 932, 2005 U.S. Dist. LEXIS 23400, 2005 WL 1566694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siegle-v-barnhart-cod-2005.