Citations
- 167 F. Supp. 2d 1231
Full opinion text
MEMORANDUM AND ORDER
ROGERS, Senior District Judge.
This is an appeal from the denial of plaintiffs application for supplemental security income benefits. Plaintiff asserts that he has been disabled from substantial gainful employment since July 19, 1996. However, he filed the application leading to this appeal in 1995. Later he amended his alleged disability onset date to the above-mentioned date. Plaintiffs hearing before the Administrative Law Judge (ALJ) occurred on November 14, 1997.
Plaintiff was born in 1950. At the time of the hearing before the ALJ, plaintiff weighed 315 pounds. He is approximately 5'9" tall. He has an I.Q. of 73. He does not have a high school diploma or a G.E.D. He struggles to write and has minimal reading skills. It is undisputed that plaintiff has suffered from the following impairments: a back injury; degenerative disc disease at L3-4 and L4-5; epidural lipomatosis; obesity; borderline intellectual functioning; and an adjustment disorder.
The medical records submitted to the ALJ revealed the following. Dr. Frye examined plaintiff on July 29, 1996 after plaintiff injured his back unloading cabinets. Dr. Frye found:
On examination this is a large framed individual who is walking, leaning slightly forward. He stated he is having no pain walking. Initially, although he is walking slowly, can increase his rate without any difficulty.... There is [a] mild amount of tenderness across the lower lumbar spine from L3 to L5/S1 and both paraspinous musculature in the area. SI joints are nontender. Sacral notches are nontender. Thoracic spine is nontender. He has good movement on range of motion with pain at end range of motion that is mild. He had good segmental movement with forward flexion, extension and side flexion in both directions. Straight leg raise is negative sitting, positive laying at 50 degrees with low back pain.
X-rays are essentially normal.
ASSESSMENT: This appears to be a mild low back strain. The cause by history may have been work-related but it is not clear-cut....
PLAN: 1. 20 lb. weight limit, no repetitive bending or lifting. 2. Gel Pak for local icing and then can switch to heat. 3. Instructional booklet for low back care and range of motion stretching. 4. Na-prosyn 500 mg ... Norflex 100 mg ... It is noted that the patient states that he will need to get a second opinion and talk to his attorney as he is quite worried about his low back, although he has not expressed any sense of more than mild discomfort in the office. He will state he will go to his doctor, although notes he does not have a regular physician. Will have to ask his attorney, although he notes he does not have an attorney.
(Tr. 132-33). A recheck by Dr. Frye two days later indicated no significant change in plaintiffs condition. (Tr. 135).
On August 23, 1996, Dr. Sharon McKinney wrote the following after examining plaintiff:
He is not able to do any household chores as it hurts so much. He is unable to drive as it hurts too much. He can’t do any yard work. He states he watches t.v. a lot. He does use heat and exercise occasionally at home. He takes muscle relaxers twice a day and Darvon. He notes increased pain with walking quickly or going up and down stairs. When he does stairs the pain will go down into his legs.
PHYSICAL EXAM: Mr Hatcher is a little overweight.
GAIT: He walks with in a bit of hip flexion. He can walk on his heels, toes and tandem barely adequately.
LOW BACK: Range of motion is mildly limited in rotation and lateral bending and flexion. He has pain in the low back with back hyperextension. Straight leg raising is positive at 75 degrees bilaterally. Strength is % except for abdominals which are 4 to 4