Wiley, Chelsey v. Berryhill, Nancy

CourtDistrict Court, W.D. Wisconsin
DecidedDecember 13, 2019
Docket3:18-cv-00835
StatusUnknown

This text of Wiley, Chelsey v. Berryhill, Nancy (Wiley, Chelsey v. Berryhill, Nancy) is published on Counsel Stack Legal Research, covering District Court, W.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wiley, Chelsey v. Berryhill, Nancy, (W.D. Wis. 2019).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

CHELSEY WILEY,

Plaintiff, OPINION AND ORDER v. 18-cv-835-wmc ANDREW SAUL, COMMISSIONER OF SOCIAL SECURITY

Defendant.

On December 28, 2017, Administrative Law Judge (“ALJ”) Virginia Kuhn concluded that claimant Chelsey Wiley was not disabled within the meaning of the Social Security Act, 42 U.S.C. § 1382c(a)(3)(A), and denied her application for supplemental security income. Wiley now seeks judicial review of this final agency decision under 42 U.S.C. § 405(g). She raises three, basic objections on appeal: (1) the ALJ failed to resolve a conflict between the vocational expert’s testimony and the Dictionary of Occupational Titles (“DOT”); (2) Wiley’s mental limitations were not properly incorporated into the ALJ’s determination of her residual functional capacity (“RFC”); and (3) the ALJ erred by failing to consider adequately a witness statement submitted by Wiley’s mother. (Pl.’s Br. (dkt. #9) 1-2.) The court held oral argument on this case on December 12, 2019, at which counsel for both sides participated telephonically. For the reasons set forth below, the court rejects those objections and will affirm the ALJ’s decision. BACKGROUND1 A. Medical Evidence Medical evidence in the record shows that Wiley experienced back pain as early as

2013. (AR at 340.) In September 2013, an MRI also noted annular disc tearing at L4 and L5, the two lowest vertebrae in the lumbar spine, (AR at 384), and in December 2013, Wiley received a lumbar and sacral epidural steroid injection to treat the ongoing pain caused by her back condition (AR at 340). Five months later, in April of 2014, Dr. John Cragg completed a “return to work note” for Wiley, while noting certain restrictions,

including no lifting greater than ten pounds, no repetitive gripping, and no reaching above chest levels. (AR at 275.) The next month records include a follow-up treatment note from Dr. Cragg, who observed that Wiley continued to experience chronic low back pain, that she could bend forward ten degrees, and that bending to the right and left produced tenderness. (AR at 384.) Dr. Cragg also noted that Wiley found trigger injections to be helpful, and he determined to proceed with a conservative treatment plan of spinal

stabilization exercises. (AR at 384.) After Wiley fell down a flight of stairs in early 2014, she began to report shoulder pain as well. (AR at 373.) In September 2014, Dr. Cragg saw Wiley for “significant pain” in her shoulder, as well as pain in her neck, such that she could not turn her head. (AR at 373.) Dr. Cragg further noted that she had “[v]ery limited abduction and forward flexion of her shoulder due to voluntary guarding” and referred her for an MRI, which revealed

only mild abnormalities. (AR at 373-74, 337-38.) Wiley was again treated by Dr. Cragg

1 These facts are drawn from the Administrative Record (“AR”) (dkt. #7). in November and December of 2014 for both low back and neck pain due to chronic cervical disc syndrome. (AR at 366-67, 367-68.) He wrote that she “is actually quite miserable with pain syndromes,” and that she continued to experience pain with forward

bending and twisting. (AR at 367.) At that time, Wiley was given trigger injections, which were noted to have worked well in the past, and referred for additional spinal stabilization physical therapy exercises. (AR at 367.) In January of 2015, Wiley went to the emergency room after feeling a sudden pain in her neck, left shoulder, and arm. (AR at 277.) An MRI revealed mild right shoulder

inflammation, but no abnormalities in her cervical spine. (AR at 278.) After approximately three hours in the emergency room, Wiley’s symptoms improved and she was discharged in stable condition. (AR at 279.) Later that month, she followed up with Dr. Cragg regarding her neck pain. (AR at 460.) At that time, Cragg observed that her pain was worse with twisting and bending and her cervical spine was tender. (AR at 460.) He also noted that Wiley was neurologically normal, and that she had responded to epidural

injections with “good success.” (AR at 460.) In addition, Wiley began treatment for knee pain in February 2015. (AR at 336.) An x-ray showed no evidence of an acute bone abnormality but did reveal a “questionable” small bone cyst. (AR at 336.) A later MRI confirmed that Wiley had a small cyst in her knee joint. (AR at 478.) Wiley was ultimately referred to physical therapy for her knee pain in May 2015. (AR at 480.) In July 2015, the medical records show that Wiley

ambulated with an antalgic gait, but that she had full range of motion. (AR at 482.) Later that month, Wiley had a health maintenance exam, in which she reported postprandial diarrhea, abdominal pain, knee pain, and a previous episode of pain in the right axilliary region that had resolved, but no further concerns. (AR at 485-89.) In November 2016, Wiley also went to the emergency room after feeling lightheaded and nearly lost

consciousness while at work. (AR at 516.) Finally, as for Wiley’s mental health conditions, the medical record references an “unspecified mood [affective] disorder”; “bipolar disorder, in partial remission, most recent episode depressed”; and anxiety. (AR at 376-77, 495.) Wiley received prescriptions for these conditions from an advanced practice registered nurse. (AR at 376-77, 495.) Various

other treatment notes include impressions of Wiley’s mental health condition, but there is no record containing a mental health diagnosis from a licensed medical doctor or psychiatrist.2

B. ALJ Decision Wiley filed an application for supplemental security income on February 27, 2015, alleging a disability beginning March 18, 2014. (AR at 14.) After her application was denied initially and upon reconsideration, Wiley requested a hearing before an ALJ, which was held on October 19, 2017. (AR at 14.) At the hearing, Wiley was represented by

Curtiss Lein, who is also Wiley’s counsel on this appeal. (AR at 14.) Wiley testified that: she experiences extreme pain if she more than “seldom” works

2 In addition to this medical evidence, Wiley’s mother submitted a witness letter, dated September 20, 2017, in which she observed that Wiley: “cannot lift over 10 pounds + sometimes not even that,” “has to rest or take breaks” when doing household tasks; “has a lot of back pain,” which is made worse by “everyday bending”; and has experienced worsening joint and neck pain. (AR at 269-70.) She further noted that medication “helps some but not completely.” (AR at 269-70.). from floor to waist (AR at 46); she cannot lift over ten pounds (AR at 41-42); she drops things after repetitive gripping and cannot reach her arms up far (AR at 42, 46, 47); she takes lots of long naps during the day but remains drowsy (AR at 44); she has pain in her

muscles and joints, particularly in her lower back and neck (AR a 44); and she falls on uneven surfaces (AR at 45). After Wiley’s testimony, Dr. Andrew Steiner, whom the ALJ had requested to appear as a neutral medical expert, testified. (AR at 53-58, 21.) After reviewing the medical evidence on the record, Dr. Steiner opined that Wiley’s conditions did not meet

or medically equal any listing in Appendix 1, Subpart P of the regulations, and that she was capable of sedentary work with certain limitations. (AR at 56.) Specifically, he limited Wiley to frequent gripping; occasional bending, kneeling, crawling, and crouching; and no overhead work, balancing, or climbing.

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