Walton v. Commissioner of Social Security

60 F. App'x 603
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 11, 2003
DocketNo. 01-2135
StatusPublished
Cited by5 cases

This text of 60 F. App'x 603 (Walton v. Commissioner 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
Walton v. Commissioner of Social Security, 60 F. App'x 603 (6th Cir. 2003).

Opinion

CLAY, Circuit Judge.

Plaintiff, Deborah K. Walton, appeals from the district court’s order granting [604]*604summary judgment to Defendant, the Commissioner of Social Security (“the Commissioner”), on Plaintiffs claim filed pursuant to 42 U.S.C. § 405(g) challenging the final decision of the Commissioner denying Plaintiff social security disability benefits under Title 42 of the Social Security Act. 42 U.S.C. § 423(d). For the reasons set forth below, we AFFIRM the district court’s judgment.

BACKGROUND

Procedural History

Plaintiff applied for Social Security disability benefits on August 7, 1997, alleging disability since July 7, 1996, due to low back and left knee pain. After Plaintiffs application was denied initially and upon reconsideration. Plaintiff appeared with counsel at a hearing held on July 8, 1999 before an administrative law judge (“ALJ”). At the hearing, Judith Findora testified as a vocational expert (“VE”). On September 22, 1999, the ALJ found that Plaintiff was not disabled under the Social Security Act since Plaintiff retained the ability to perform a significant number of unskilled sedentary jobs. The appeals council denied review on July 17, 2000 and the ALJ’s decision became the final decision of the Commissioner.

Pursuant to 42 U.S.C. § 405(g), Plaintiff sought judicial review of Commissioner’s final decision by a civil action in the United States District Court for the Eastern District of Michigan. On February 22, 2001, a magistrate judge issued a recommended decision affirming the Commissioner’s decision to deny Plaintiffs application for Social Security disability benefits. On March 15, 2001, Plaintiff filed objections to the magistrate judge’s report and recommendation. On March 21, 2001, the district court accepted the magistrate judge’s report and recommendation and granted the Commissioner’s motion for summary judgment.

On August 6, 2001, Plaintiff timely filed a notice of appeal.

Facts

A. Medical Evidence

1. Knee Condition

On July 7, 1996, Plaintiff was in an automobile accident injuring her left knee. Plaintiff was seen by Norman E. Walter, M.D., an orthopedic surgeon. Dr. Walter noted evidence of low grade internal derangement of the left knee. On November 5, 1996, Plaintiff underwent a left knee arthroscopy. On November 18, 1996, Dr. Walter noted that there were no complications from the surgery, the incision looked good, and Plaintiff was doing well. He also ordered her to continue her range of motion exercises.

Plaintiff was seen by R. Benton, D.O., Plaintiffs treating physician, on November 25, 1996. Dr. Benton noted that the left knee was swollen and stiff, and that Plaintiff was unable to flex it greater than sixty degrees. On December 9, 1996, Dr. Benton noted that the left knee was bothering Plaintiff due to the physical therapy she was receiving for her back problem. On January 13, 1997, Dr. Benton ordered a transcutaneous electronic nerve stimulator (“TENS”) unit for Plaintiffs back and knee problem. Also in January of 1997, Plaintiff told Dr. Walter that she expected to return to work in six to eight weeks. On February 10, 1997, Dr. Benton noted that Plaintiffs left knee was swollen and stiff, and that it was painful to extend. Plaintiff told Dr. Benton on February 20, 1997 that her left knee goes out while walking, especially when it is swollen. Plaintiff also stated that she was able to perform straight leg lifts on a treadmill [605]*605and use a bicycle for ten to fifteen minute periods.

Dr. Walter examined Plaintiff again on March 6, 1997, noting that she complained of pain and weakness in her left knee and that she was using a cane to walk. Dr. Walter found some “point tenderness” in the left knee area, but questioned in his notes whether her pain was real or not.

On March 10, 1997, Dr. Benton noted that Dr. Walter scheduled Plaintiff for further testing on her left knee. Dr. Benton also noted that Dr. Walter had told him that Plaintiff would have to “put up with” the knee condition because the surgery on the knee only maintains the status quo. Dr. Walter reported to Dr. Benton that Plaintiff would get no further benefit from medical treatment until fifteen years from now when she would be eligible for a knee replacement. Finally. Dr. Walter emphasized that Plaintiff was not to work, kneel, or walk for exercise.

Plaintiff was seen again by Dr. Walter on April 3, 1997, at which time he found minimal strength deficits using Cybex evaluations. Plaintiff complained of a lot of tenderness after her surgery. Dr. Walter noted that there was no surgical lesion he could think of that would cause her continued difficulties. Giving Plaintiff the benefit of the doubt, Dr. Walter determined that Plaintiff should stay off work until August of 1997, unless her activities were limited to no climbing, squatting, or heavy lifting.

On April 3,1997, Plaintiff began physical therapy for her left knee; however, on April 21, 1997, Dr. Benton noted that the physical therapy should be discontinued due to the swelling and pain in Plaintiff’s left knee. Dr. Benton applied ice to stop the swelling, noted that Plaintiff was walking with a cane, and that Dr. Walter had discussed the possibility of a knee brace.

Dr. Benton saw Plaintiff on May 5, 1997 and recorded her employment restrictions as follows: “No bending, climbing, lifting over five pounds, squatting or kneeling due to acute derangement of left knee and complications thereof [including] right lumbar muscle spasms due to inability to ambulate normally.” (Tr. at 178.) On June 2, 1997, Plaintiff saw Dr. Benton complaining of “shooting plain” in her left knee and stiffness. (Tr. at 179.) Dr. Benton also noted that physical therapy would not help her left knee and that exercises could be done at home.

The last recorded visit with Dr. Walter occurred on June 16, 1997, at which time Plaintiff continued to complain of pain in her left knee. Dr. Walter recorded his objective medical findings as “nil.” (Tr. at 138.) Dr. Walter noted that he had no further treatment to offer Plaintiff and would see her as needed.

Dr. Benton saw Plaintiff on July 1, 1997 and observed swelling in the left knee tissue. On August 21, 1997, Plaintiff told Dr. Benton that the new treatment on the left knee caused considerable pain and that she was “losing thigh muscle.” (Tr. at 181.) Dr. Benton also noted that Plaintiff walked on a treadmill at three-to-four miles per hour for thirty minutes with the assistance of a cane and knee brace. On September 23,1997, Dr. Benton noted that Plaintiff worked out at home with weights and used a TENS unit. Although Dr. Benton did not record any objective medical findings, he extended Plaintiffs sick leave and physical therapy.

Dr. Benton was contacted by the Disability Determination Services (“DDS”) on September 29, 1997. He reported to the DDS that Plaintiff complained of pain and swelling in both knees; however, the left knee was worse than the right knee. Dr. Benton also reported that Plaintiff had hypertension, moderated to severe restric[606]*606tion of motion in her knees and walked with a limp. There are no records of Plaintiff visiting Dr.

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Bluebook (online)
60 F. App'x 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walton-v-commissioner-of-social-security-ca6-2003.