Srite v. Social Security Administration

CourtDistrict Court, E.D. Arkansas
DecidedApril 8, 2021
Docket4:20-cv-00741
StatusUnknown

This text of Srite v. Social Security Administration (Srite v. Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Srite v. Social Security Administration, (E.D. Ark. 2021).

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

ELIZABETH SRITE PLAINTIFF

v. NO. 4:20-cv-00741 PSH

ANDREW SAUL, Commissioner of DEFENDANT the Social Security Administration

MEMORANDUM OPINION AND ORDER

In this case, plaintiff Elizabeth Srite (“Srite”) maintains that the findings of an Administrative Law Judge (“ALJ”) are not supported by substantial evidence on the record as a whole.1 Srite so maintains for one reason. It is Srite’s contention that her residual functional capacity was erroneously assessed because the ALJ failed to properly weigh the medical opinions of Dr. Billy McBay, M.D., (“McBay”), Srite’s treating physician.

1 The question for the Court is whether the ALJ’s findings are supported by “substantial evidence on the record as a whole and not based on any legal error.” See Sloan v. Saul, 933 F.3d 946, 949 (8th Cir. 2019). “Substantial evidence is less than a preponderance, but enough that a reasonable mind would accept it as adequate to support the [ALJ’s] conclusion.” See Id. “Legal error may be an error of procedure, the use of erroneous legal standards, or an incorrect application of the law.” See Lucus v. Saul, 960 F.3d 1066, 1068 (8th Cir. 2020) [quoting Collins v. Astrue, 648 F.3d 869, 871 (8th Cir. 2011) (citations omitted)]. Srite was born on August 14, 1965, and was fifty-two years old on October 19, 2017, the date she allegedly became disabled. In her

application for disability insurance benefits, she alleged that she is disabled as a result of a back injury. Srite ably summarized the evidence in the record. The Court will not

reproduce the summary, except to note the evidence germane to the lone issue in this case. On February 13, 2017, Srite presented to a hospital emergency room complaining of low back pain brought about by a workplace accident. See

Transcript at 319-324. A physical examination revealed that she had a full range of motion, although she had mild tenderness with palpation in her lumbar spine. Imaging of her lumbar spine revealed “degenerative disc

space narrowing at L3-L4, L4-L5, and L5-S1,” the “most pronounced at L3- L4.” See Transcript at 323. A lumbar strain was diagnosed, and she was prescribed Flexeril for her pain.

Srite returned to the hospital emergency room on February 19, 2017, for what was later determined to be a two millimeter ureter stone. See Transcript at 309-314. A physical examination revealed that her muscle

strength was “5/5 grossly,” her extremities were non-tender, and she had a full range of motion. See Transcript at 310. On April 13, 2017, Srite saw Dr. Bill Lawrence, M.D., (“Lawrence”) for complaints that included low back pain. See Transcript at 340-342. Srite

rated the intensity of her back pain as six on a ten-point pain scale. She represented that her pain was made worse with activity but improved with rest. Lawrence’s assessment included low back pain and lumbar disc

herniation without cord compression. He prescribed Norco for her pain.2 On August 29, 2017, Srite saw Dr. William Ackerman, M.D., (“Ackerman”) for a pain medicine consultation. See Transcript at 729-733. Srite reported that she began experiencing pain in her lumbar spine

approximately six years earlier and had recently experienced a sudden onset of pain following a workplace accident. Her pain intensity score fluctuated between three and ten, and she characterized her pain on that

day as seven. She was taking medications that included hydrocodone and Naproxen. A physical examination revealed, in part, the following:

[Srite] has pain in the low spine with pain in the distal 1/3 of the lumbosacral spine between L4/5 made worse with flexion. Palpation between the spinous processes at L4/5 cause[d] her to have pain as well as radiation of pain into the left lower extremity. ...

2 Srite saw Lawrence again on August 10, 2017. See Transcript at 337-339. Srite’s symptoms and severity of pain at that presentation largely mirrored her symptoms and severity of pain from the April 13, 2017, presentation. See Transcript at 732. A straight leg raise test was positive at forty degrees “with an L2/3 radicular pattern.” See Transcript at 733. Ackerman assessed

a lumbar spine sprain/strain and lumbar spine radiculitis. He prescribed Percocet, ordered a lumbar MRI, and recommended a back brace. Srite thereafter saw Ackerman on multiple occasions for pain

management.3 The progress notes from the presentations are substantially similar in that Srite continued to complain of pain in her back and lower extremities. She reported that the pain was exacerbated with movement, standing, and sitting but ameliorated with medication and rest. Her pain

intensity score fluctuated between six and seven. She had a decreased range of motion in her back and pain with flexion at several points in her back. She also had a somewhat antalgic gait. Ackerman’s diagnoses

included degenerative disc disease at T5/6 and L5/S1.4 He continued to prescribe medication that included Percocet, administered steroid injections, and recommended a sitting/standing desk at work.

3 See Transcript at 726-728 (09/25/2017), 724-725 (11/01/2017), 721-723 (11/21/2017), 718-720 (12/19/2017), 715-717 (01/22/2018), 712-714 (02/19/2018), 670-672 (03/05/2018), 708-710 (03/19/2018), 705-707 (04/17/2018), 702-704 (05/21/2018), 699-701 (06/19/2018), 695-697 (07/17/2018), 692-694 (08/13/2018), 689-691 (09/10/2018), 686-688 (10/08/2018), 683-685 (11/05/2018), 680-682 (12/03/2018), 677-679 (01/07/2019), 673-675 (02/05/2019), 752-754 (03/26/2019).

4 The progress notes reflect that Ackerman also diagnosed bilateral carpal tunnel syndrome as a result of Srite’s complaint of pain in both wrists. On September 5, 2017, Srite underwent MRI testing of her lumbar spine. See Transcript at 347-348. The testing revealed the following:

Moderate to severe rotational levoscoliosis is noted. Asymmetric disc osteophytes, endplate changes and facet degeneration are seen, most prominent at the L3/L4 and to some extent the L4/L5 levels. At the L4/L5 level the disc osteophyte abuts the exiting left L4 nerve root. However, there is no acute disc protrusion or extrusion. Variable foraminal and lateral recess encroachment is present.

See Transcript at 347. On September 7, 2017, Srite saw McBay for complaints that included back and extremity pain. See Transcript at 407-409. Srite rated the intensity of her pain as four and reported that it was made worse with activity. A physical examination was unremarkable. Srite thereafter saw McBay for continued complaints of back and extremity pain.5 The progress notes from the presentations are unremarkable. Srite’s gait was typically normal, and her extremities showed no signs of clubbing, cyanosis, or edema. McBay routinely diagnosed a backache and referred her for pain management and “possible surgical needs.” See Transcript at 627.

5 See Transcript at 410-412 (10/25/2017), 413-417 (11/21/2017), 427-429 (02/26/2018), 614-617 (05/15/2018), 622 (07/12/2018), 625-627 (10/04/2018), 628 (10/09/2018). During the course of treating Srite, McBay completed a physical assessment and authored a “To Whom It May Concern” letter on behalf of

Srite. See Transcript at 456-458. McBay opined in the assessment that during the typical eight-hour workday, Srite could not stand or walk for any length of time, could only sit for a total of one hour, would need to recline

or lie down in excess of the typical work breaks afforded employees, and would require unscheduled breaks of approximately sixty minutes in length.

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Related

Collins v. Astrue
648 F.3d 869 (Eighth Circuit, 2011)
Wagner v. Astrue
499 F.3d 842 (Eighth Circuit, 2007)
Tammy Sloan v. Andrew Saul
933 F.3d 946 (Eighth Circuit, 2019)
Eric Lucus v. Andrew Saul
960 F.3d 1066 (Eighth Circuit, 2020)
Dillon v. Colvin
210 F. Supp. 3d 1198 (D. South Dakota, 2016)

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Srite v. Social Security Administration, Counsel Stack Legal Research, https://law.counselstack.com/opinion/srite-v-social-security-administration-ared-2021.