Tiffani Stephenson v. Comm'r of Social Security

635 F. App'x 258
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 23, 2015
Docket14-4154
StatusUnpublished
Cited by2 cases

This text of 635 F. App'x 258 (Tiffani Stephenson v. Comm'r of Social Security) 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
Tiffani Stephenson v. Comm'r of Social Security, 635 F. App'x 258 (6th Cir. 2015).

Opinion

OPINION

HOOD, District Judge.

Appellant Tiffani Stephenson (“Stephenson”) appeals the judgment of the district court affirming the denial of her applications for Social Security Disability Insur- *260 anee benefits (“SSDI”) and Supplemental Security Income (“SSI”) by the Commissioner of Social Security (“Commissioner”). Stephenson raises two arguments on appeal: (1) the Administrative Law Judge’s (“ALJ’s”) decision is unsupported by substantial evidence when the standard treatment for severe lymphedema was not included in the residual functional capacity assessment, and (2) the ALJ’s decision is unsupported by substantial evidence when insufficient evidentiary weight was given to the opinion of Stephenson’s treating physician. For the reasons set forth below, we AFFIRM the judgment of the district court.

I. BACKGROUND

Stephenson applied for SSDI and SSI on September 1, 2009. Stephenson claimed she has been disabled since June 13, 2009 due to a history of malignant melanoma on her left leg which resulted in severe damage to the lymph nodes causing her leg to swell. Her claims were denied and her request for reconsideration was also denied. An administrative hearing before an ALJ was held on November 9, 2011. The ALJ determined Stephenson was not disabled. The Appeals Counsel denied Stephenson’s request for review. Stephenson thereafter filed a Complaint against the Commissioner of Social Security before the district court on May 30, 2013. The district court entered a judgment and order on September 23, 2014 adopting the magistrate judge’s report and recommendation affirming the Commissioner’s denial of Stephenson’s applications for SSDI and SSI. This appeal followed.

II. FACTS/RECORD

In 1999, a malignant melanoma was removed from Stephenson’s left calf and a lymphadenectomy was performed. There was no recurrence of the disease in the following ten years. On June 17, 2009, Stephenson visited her primary care physician, James Byatt, M.D., complaining of a painful swollen left leg. Dr. Byatt ordered a venous scan of the left lower extremity, which revealed no evidence of deep vein thrombosis. Stephenson was referred by Dr. Byatt to Andrew J. Seiwert, M.D., a vascular surgeon at Fostoria Vascular Clinic, for further evaluation and treatment.

Stephenson saw Dr. Seiwert on July 6, 2009, who diagnosed her with lymphedema on her left leg,.“likely due to lymphatic obstruction secondary to melanoma excision and lymphadenectomy.” (R. 12 at PgID 345). Dr. Seiwert noted that Stephenson’s legs were normal, except for a trace of edema in her left calf, ankle and foot regions. Dr. Seiwert also noted that Stephenson’s weight gain and increased skin perfusion associated with the warm summer months exacerbated the condition. Dr. Seiwert referred Stephenson to the Lymphedema Clinic for further evaluation.

On October 19, 2009, Todd Russell, M.D. of the Lymphedema Clinic noted that the swelling in Stephenson’s left leg was under control since it was half the size it had been prior'to the Clinic’s treatment, but Stephenson continued to complain of pain in her left leg. Dr. Russell noted that this was unusual since in most people affected by lymphedema, the swelling was relatively painless. Dr. Russell encouraged Stephenson to continue with compression therapy and recommended further testing to determine the source of the pain. On November 23,2009, Stephenson underwent a venous duplex bilateral examination. The result of the venous Doppler study was unremarkable, with no evidence of deep vein thrombosis, superficial venous thrombosis or venous valvular insufficiency in either leg.

*261 A State of Ohio agency consultant, Leigh Thomas, M.D., assessed Stephenson’s residual functional capacity on November 25, 2009. Dr. Thomas found that Stephenson could lift twenty pounds occasionally and ten pounds frequently. Dr. Thomas noted that Stephenson could sit six hours in an eight-hour work day and that standing'walking was limited to two hours. Dr. Thomas indicated that Stephenson’s symptoms are not disproportionate to her medically determinable impairment, and Dr. Thomas found Stephenson credible. Edmond Gardner, M.D., a state agency consultant, agreed with Dr. Thomas’ assessment after reviewing Stephenson’s file on April 22, 2010.

On December 7, 2009, Dr. Seiwert reported that Stephenson had a somewhat favorable response to treatment at the Lymphedema Clinic, including use of compression stockings. Dr. Seiwert noted, however, that her lower left leg was considerably more swollen than the right leg. Dr. Seiwert found no signs of ulceration at the calf or prominent varices over the groin and that Stephenson’s thigh had nearly normal tissue turgor. Dr. Seiwert encouraged Stephenson to be more active and to use chaps to keep her stockings from slipping down her leg. Dr. Seiwert indicated that May-Thurner syndrome remained possible.

On January 7, 2010, Stephenson complained to Dr. Byatt of bilateral neuropathic symptoms, but denied back pain. Dr. Byatt noted this as classic parasthesias with tingling and shooting vague numbness associated with bilateral pain. Dr. Byatt found clinical evidence for an entrapment neuropathy. Dr. Byatt prescribed Siner-net for symptoms of restless leg syndrome and Darvocet-N for pain and to reduce Stephenson’s upset stomach caused by taking ibuprofen. Dr. Byatt noted that Stephenson’s weight had steadily increased, which Stephenson claimed was because of drinking regular soda and being laid off from her job. Dr. Byatt ordered an MRI of the lumbar spine and lab work performed on January 13, 2010.

On February 8, 2010, Dr. Byatt noted negative results from the MRI and lab work, noting that Stephenson was still experiencing chronic lymphedema of her left leg and bilateral parasthesias. Dr. Byatt prescribed Lyriea to Stephenson.

On April 22, 2010, Dr. Byatt filled out a Basic Medical Form for the Ohio Department of Job and Family Services where he indicated that Stephenson suffered from persistent severe lymphedema of her left leg with chronic swelling. Dr. Byatt checked the boxes regarding Stephenson’s functional limitations indicating Stephenson could not work for twelve months or more because she visited the Lymphedema Clinic three times a week.

On June 7, 2010, Stephenson reported to Dr. Seiwert that her compression wraps were keeping her symptoms from becoming too prominent and that she had drainage from the scars located near her melanoma excision on her left calf. Dr. Seiwert found that Stephenson continued to have prominent venous structures, with a possibility of central venous hypertension. He ordered a venography to determine if Stephenson had obstructive venous pathology due to May-Thurner physiology. The ve-nography on June 16, 2010 revealed a trace deep femoral reflux on the left side, with no signs of iliocaval venous obstruction.

Stephenson saw Dr. Byatt on September 24, 2010 reporting that she used Darvocet for her lymphedema pain and that she hoped to work again. Dr. Byatt refilled the Darvocet prescription. On March 2, 2011, Stephenson reported to Dr. Byatt that Lyriea was helping with her leg neu-ropathy. Stephenson indicated she was *262 taking fifteen online classes to pursue a Bachelor’s degree. Dr. Byatt noted that Stephenson looked wonderful.

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635 F. App'x 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tiffani-stephenson-v-commr-of-social-security-ca6-2015.