Wakefield v. Colvin

171 F. Supp. 3d 857, 2016 U.S. Dist. LEXIS 60233, 2016 WL 2641843
CourtDistrict Court, S.D. Iowa
DecidedMarch 16, 2016
Docket4:15-cv-218 RP-SBJ
StatusPublished

This text of 171 F. Supp. 3d 857 (Wakefield v. Colvin) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wakefield v. Colvin, 171 F. Supp. 3d 857, 2016 U.S. Dist. LEXIS 60233, 2016 WL 2641843 (S.D. Iowa 2016).

Opinion

MEMORANDUM OPINION AND ORDER

ROBERT W. PRATT, Judge, United States District Court

Plaintiff, Robert Molloy Wakefield, Jr., filed a Complaint in this Court on July 15, 2015, seeking review of the Commissioner’s decision to deny his claim for Social Security benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq. This Court may review a final decision by the Commissioner. 42 U.S.C. § 405(g).

On April 26, 2012, Plaintiff filed an application for benefits. Tr. at 179-87. Plaintiff, whose date of birth is March 7, 1959 (Tr. at 181), was nearly 55 years old at the time of the hearing on February 26, 2014, before Administrative Law Judge David G. Buell (ALJ). Tr. at 33-92. The ALJ issued a Notice Of Decision' — -Unfavorable on April 24, 2014. Tr. at 11-27. The Appeals Council declined to review the ALJ’s decision on May 28, 2015. Tr. at 1-3. Thereafter, Plaintiff commenced this action.

At the first step of the sequential evaluation (20 C.F.R. § 404.1520(a)(4)), the ALJ found that Plaintiff has not engaged in substantial gainful activity after October 10, 2009, the alleged disability onset date. At the second step, the ALJ found Plaintiff has the following severe impairments: degenerative joint disease of the left shoulder; sleep apnea; diabetes; obsessive-[859]*859compulsive disorder; mood disorder and anxiety disorder. The ALJ found that Plaintiffs impairments were not severe enough to qualify for benefits at the third step of the sequential evaluation. Tr. at 16. At the fourth step, that ALJ found:

After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform medium work as defined in 20 CFR 404.1567(c) except he may crawl, climb, or reach overhead with his left, upper extremity only occasionally. Moreover, the claimant requires a work environment he would not be exposed to hazards, such as unprotected heights, and he cannot operate machinery or motor vehicles. He is further requires (sic) simple, routine, repetitive work, requiring no close attention to detail or use of independent judgment. Finally, all tasks assigned to the claimant would have to be done without interaction with the public.

Tr. at 18. The ALJ found that Plaintiff is unable to perform any of his past relevant work. At the fifth step of the sequential evaluation, the ALJ found that there are a significant number of jobs which Plaintiff can perform in his impaired condition. Tr. at 25. Examples of such work are gas and oil servicer, laundry laborer, and general helper. Tr. at 26. The ALJ found that Plaintiff is not disabled nor entitled to the benefits for which he applied. Tr. at 27.

MEDICAL EVIDENCE

On February 23, 2009, Plaintiff was seen at Mercy Medical Center in Centerville, Iowa after he fell and injured his left arm. Tr. at 349-51. Plaintiff injured his left shoulder in a work related accident, and was treated by Donald D. Berg, M.D. of Orthopedic and Reconstructive Surgery in Ottumwa, Iowa. An MRI showed a “non-displaced fracture of the greater tuberosity the proximal left humerus.” Tr. at 321. When Dr. Berg was informed of the results of the MRI, he restricted Plaintiff to “light work duty, no lifting with his left arm and probably use a sling for another week or two if it is bothering him a lot.” The doctor opined that with the passage of time, the fracture would heal satisfactorily. Tr. at 320. On April 7, 2009, Dr. Berg recommended out patient physical therapy and swimming, to loosen the shoulder. On April 21, 2009, Plaintiff was still having a lot of pain and limited motion. Dr. Berg opined that Plaintiff had developed a frozen left shoulder. The doctor gave Plaintiff an injection of Xyloeaine and cortisone and recommended that Plaintiff not do work involving repetitive use of his hands. Tr. at 319. On June 1, 2009, Dr. Berg released Plaintiff for light duty with no lifting above his left shoulder. Tr. at 318. On July 17, 2009, Plaintiff told Dr. Berg that he was having pain in his lower back which the doctor said “is partially associated with his shoulder because of the limitation of motion and the frozen shoulder on the left.” Tr. at 318. Plaintiff was to continue doing light work but with no lifting more than 10 pounds above his left shoulder. Tr. at 317. On October 28, 2009, Plaintiff told Dr. Berg that he had quit working. The doctor noted that Plaintiff was limited to lifting 10 pounds. Plaintiff complained of anxiety and he was referred to a psychiatrist. Dr. Berg gave Plaintiff an impairment rating of 23% of the left upper extremity. The doctor wrote that the impairment rating would drop to near zero if Plaintiff had arthros-copy with range of motion followed by physical therapy. Plaintiff, however, was not interested in the surgery. Tr. at 316.

Plaintiff received primary care at Cen-terville Family Care Clinic. Tr. at 310-14. On January 26, 2010, Plaintiff complained of increasing depression after he had been laid off from his job. The diagnosis was acute situational depression, and Plaintiff was given a prescription for Citalopram. Tr. at 311. On March 9, 2010, Plaintiff [860]*860reported that he was not sleeping well. It was noted that he had been on Lorazepam for anxiety, and that he was taking eitalo-pram as an antidepressant. It was noted that the medications were not having the desired effect. Seroquel was added to Plaintiffs medications to help him sleep. Tr. at 310.

On July 2, 2010, Plaintiff was seen at Mercy Medical Center — Centerville, for a rash on his arms and chest. Tr. at 34CM8.

On August 2, 2010, Plaintiff saw L.G. Heikes, M.D. Plaintiff complained of depression, but also reported complaints of diabetes, back pain, left shoulder pain and complaints of obsessive compulsive disorder (OCD). Plaintiff complained of feeling down, crying spells, no energy, no interest, poor memory and concentration, poor eating and sleeping patterns and thoughts of suicide. Plaintiff reported that he will take a shower 6 or 7 times per day. Plaintiff also complained of pain on the right side of his neck that radiates to the upper arm. Tr. at 377. After an examination, the doctor diagnosed depression, type 2 diabetes, cervical strain, and left abdominal pain with some history of GERD. The doctor recommended treatment for depression, anxiety, and OCD. The doctor prescribed citalopram. Tr. at 378.

On August 12, 2010, Plaintiff was seen for an intake evaluation by therapist Mark Trullinger, MS. Tr. at 322-27. Plaintiff reported depression, trouble breathing, and feeling as though things are not real. Tr. at 322. Plaintiff’s medical conditions were listed as diabetes,- sleep apnea, shoulder injury and chronic pain. His medications were Citolopram, glyperide, and metformin. Tr. at 323. On mental status exam, Plaintiffs mood was described as anxious, and the therapist wrote: “He has been having intense anxiety lately and it causes him to have an upset stomach and a lack of sleep.” Tr. at 325. The therapist wrote:

The [patient] reports a lot of severe depression symptoms. He also reports perceptual disturbances that have him questioning whether or not things around him are real.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gisbrecht v. Barnhart
535 U.S. 789 (Supreme Court, 2002)
Bradley v. Astrue
528 F.3d 1113 (Eighth Circuit, 2008)
Wagner v. Astrue
499 F.3d 842 (Eighth Circuit, 2007)
Owen v. Astrue
551 F.3d 792 (Eighth Circuit, 2008)
Mitchell v. Barnhart
376 F. Supp. 2d 916 (S.D. Iowa, 2005)
McDannel v. Apfel
78 F. Supp. 2d 944 (S.D. Iowa, 1999)
Kathleen J. Papesh v. Carolyn W. Colvin
786 F.3d 1126 (Eighth Circuit, 2015)
Reutter Ex Rel. Reutter v. Barnhart
372 F.3d 946 (Eighth Circuit, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
171 F. Supp. 3d 857, 2016 U.S. Dist. LEXIS 60233, 2016 WL 2641843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wakefield-v-colvin-iasd-2016.