Smith v. Astrue

770 F. Supp. 2d 1002, 2011 U.S. Dist. LEXIS 7778, 2011 WL 294806
CourtDistrict Court, W.D. Missouri
DecidedJanuary 27, 2011
Docket4:09-cv-01042
StatusPublished
Cited by2 cases

This text of 770 F. Supp. 2d 1002 (Smith v. Astrue) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Astrue, 770 F. Supp. 2d 1002, 2011 U.S. Dist. LEXIS 7778, 2011 WL 294806 (W.D. Mo. 2011).

Opinion

ORDER

NANETTE K. LAUGHREY, District Judge.

Pending before the Court is Plaintiff Shirley I. Smith’s (“Smith”) Social Security Complaint [Doc. # 1], Smith seeks judicial review of the Social Security Commissioner’s (“Commissioner”) denial of her request for disability insurance benefits and supplemental security income benefits under Titles II and XVI of the Social Security Act (“Act”), 42 U.S.C. §§ 1381, et seg., for the period November 8, 2002 through January 18, 2008. After the Appeals Council of the Social Security Administration (“Appeals Council”) remanded the case following the Administrative Law Judge’s (“ALJ”) initial denial of Smith’s claim, the ALJ subsequently found that Smith was “disabled” from January 18, 2008, but was not entitled to benefits prior to that date. Such determination became the final decision of the Commissioner when the Appeals Council denied Smith’s request for review. Smith has exhausted her administrative remedies, and jurisdiction is conferred on this Court pursuant to 42 U.S.C. § 405(g). For the following reasons the Court reverses and remands for the ALJ to reconsider Smith’s RFC after taking into account limitations caused by Smith’s chronic migraine headaches.

I. Background

A. Factual and Procedural History 1

Smith, who has a high school education, has been employed by a trucking company to wash and clean trucks, shuttle vehicles being repaired, perform oil changes, and occasionally answer the telephone, deliver payroll, and file. [Tr. 150]. Smith filed an application for disability insurance and supplemental security income benefits on October 13, 2004, claiming she became disabled on November 8, 2002, due to “Migraines, knee and back injury, dizziness, stomach pains, fibromyalgia, HBP[,] DEPRESSION.” [Tr. 389, 393]. On April 14, 2009, following an evidentiary hearing [Tr. 409-421], the ALJ issued a written decision finding that Smith was not disabled prior to January 18, 2008, but became disabled on that date and continued to be disabled through the date of the decision. [Tr. 22], After the Appeals Council denied Smith’s request for additional administrative review of the ALJ’s decision, Smith sought review by the Court.

Smith, age 57, is about 5' 8" tall whose weight has fluctuated between 285.4 pounds [Tr. 239] and 260 pounds [Tr. 227] since 2002. Smith indicates that she began having migraines around thirty years ago, but that since 1994, they have increased in severity and frequency. [Tr. 225]. Despite her headaches, Smith testified that she attempted to continue to work while taking Imitrex to treat her headaches and relieve nausea. However, Imitrex induced sleepiness, which caused her to miss work. [Tr. 413]. She last worked in 2002. Smith testified that she at one time took up to eighteen pills each month for her headaches, but her physician cut her back to only one pill per week due to liver damage. She also testified that Dr. Roger Cady, who had treated her migraines for over twenty years, attempted to put her on preventative medication, such as Topamax. However, Dr. Cady *1004 discontinued the medication after it caused her to slur her words.

Smith stated that since her first hearing almost two years prior in March 2007, she continued to experience frequent migraines that required her to lie down in a dark room with cold packs on her head. She stated that dizziness made her unable to get up, and that she was having migraines twelve to fifteen days a month. Smith testified that she did not have insurance, but that her son or sister helped her pay for her visits with Dr. Cady.

Smith also testified that she is depressed due to the limitations that her migraines have imposed on her in her daily activities. [Tr. 416 (“I think the migraines make me depressed because I can’t, because I can’t function, I don’t have a life.”) ]. She described memory problems and said she experienced panic when leaving her house because of her dizzy spells. Smith also testified that she did not even take showers unless someone was present to assist her. She stated that she never received mental health treatment because she had no money and no insurance, but that Dr. Cady had tried to treat her depression with medication. Unfortunately, Smith suffered from side effects of the medication.

a. Smith’s Medical History for Treatment of Migraine Headaches

Smith was primarily treated for her migraines by Roger K. Cady, M.D., whose office is located in Springfield, Missouri. With respect to the relevant time period at issue, Dr. Cady examined Smith on October 30, 2002, October 29, 2003, November 26, 2003, April 6, 2004, June 2, 2004, September 8, 2004, January 25, 2005, March 29, 2005, July 19, 2005, October 18, 2005, June 27, 2006, February 20, 2007, May 29, 2007, August 28, 2007.

In October 2002, Smith reported having more frequent headaches, approximately three to four days per week. She took topiramate for thirty-eight days, but continued to have daily headaches and numbness and language difficulties, and discontinued usage. She also took Imitrex three days per week. [Tr. 215].

In October 2003, Smith continued to have four to five headaches per week, but took Imitrex at the onset of a headache, and “doesn’t repeat often.” [Tr. 213], Dr. Cady noted that Smith appeared to “responde ] well” to Imitrex. [Tr. 213].

In November 2003, Smith saw Dr. Cady because she had been having migraines almost daily for the preceding three weeks. She informed Dr. Cady that she thought that her headaches increased in frequency because she had weaned herself off of Topamax (topiramate) due to paresthesia. Smith also shared that she was under quite a bit of stress at that time. [Tr. 211]. Dr. Cady provided Smith with Imitrex samples and requested that she follow up within one week. [Tr. 212]. According to Smith’s medical records, she did not follow-up as instructed, but did call Dr. Cady over two weeks later on December 12, 2003, complaining of flu-like symptoms. [Tr. 210].

In April 2004, Smith indicated that her headaches were slightly better but that she was unable to take Topamax due to paresthesia. [Tr. 209], Smith also stated that she felt her headaches went through cycles through the year. She stated that her headaches were once per week, which was down from four to five days per week. [Tr. 209].

In June 2004, Smith weighed 275 pounds, a loss of more than nine pounds since her previous visit, weighing 275 pounds, and indicated that the Atkins diet had helped with her headaches. She shared that she had “not one [headache] *1005 the entire 1st month being on Atkins.” [Tr. 207]. It was noted that her headaches improved and that her headache frequency had gone up only when she went on vacation and her diet was disrupted. [Tr. 207].

In September 2004, Dr. Cady noted that Smith was having one to two migraines per week and that “Imitrex 50 mg does abort the migraine, but then it tends to come back again for the next 2 and sometimes 3 days, requiring treatment every day.” [Tr. 203].

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Bluebook (online)
770 F. Supp. 2d 1002, 2011 U.S. Dist. LEXIS 7778, 2011 WL 294806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-astrue-mowd-2011.