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Timmons v. Colvin

United States District Court, W.D. Missouri, Central Division

September 25, 2014

JANICE TIMMONS, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

NANETTE K. LAUGHREY, District Judge.

Janice Timmons appeals the Commissioner of Social Security's final decision denying her application for disability insurance benefits and supplemental security income. 42 U.S.C. ยงยง 401, et seq., and 1381, et seq. The Commissioner's decision is affirmed.

I. Background

Timmons was born in 1961. She has past experience as a fast food worker, but the majority of her employment, 23 years, has been as a licensed practical nurse. She last worked full-time as an LPN about three or four years ago, and currently works part-time as an LPN in a nursing home, every other weekend. She alleges February 26, 2011 as the onset date of her disability.

Timmons saw her primary care physician, Thomas Hopkins, M.D., 14 times from September 2008 to February 2010. Dr. Hopkins' diagnoses included left shoulder pain, hypertension, low back pain after a failed 2002 surgery, chronic pain with medication management, history of siezures, and irritable bowel syndrome, and prescribed various medications. In December 2009, he completed a statement indicating Timmons could return to work or school with no limitations. Tr. 269.

In November 2009, Timmons was seen in a specialty clinic, reporting pain everywhere. Leslie Hammett, M.D. diagnosed uncontrolled hypertension and chronic pain. Tr. 334.

Timmons saw Taylor Bear, M.D. in February 2010 due to a seizure. Dr. Bear noted some difficulty with movement of her left shoulder, and changed her seizure medication. Tr. 441.

Timmons saw Robert Lieurance, M.D. in March 2010 for left shoulder pain. After an x-ray and MRI, Dr. Leiurance administered an injection. Tr. 306. He continued to treat her left shoulder from May 2010 to August 2010, referring her for physical therapy and then for surgical repair. In August 2010, Dr. Lieurance gave Timmons a return-to-work slip and recommended continued exercises.

In May 2010, Timmons also saw Robert Kenney, D.O., whose examination showed tenderness of both shoulders, restricted lumbar spine motion, and knee tenderness. In June 2010, Timmons saw Dr. Kenney again, for fibromyalgia and degenerative pain.

Timmons had an overnight hospital stay in September 2010, following an episode of symptomatic bradychardia. At discharge, the attending physician diagnosed it as resolved, most likely related to medications and possible occult thyroid disease.

Timmons went to a hospital emergency room in November 2010 for dizziness and high blood pressure. A chest x-ray revealed no acute abnormality.

Timmons had a bilateral carotid Doppler sonogram in April 2011, revealing severe, or 60-79 percent, bilateral stenosis. A carotid duplex study performed in May 2011 revealed plaque formation and 40 to 50 percent stenosis bilaterally, and Dr. Raymond Vetsch recommended continued monitoring.

Timmons went to the emergency room in August 2011 for chest pressure and headache lasting two days. A CT scan of the head revealed no abnormality, and the attending physician diagnosed headaches, chest pain and renal insufficiency.

In August 2011, S. Subramanian, M.D. conducted a consultative examination. The doctor found Timmons' range of motion within normal limits in the shoulders, elbows, wrists, knee, hip, and lumbar and cervical spine. Although there was a slight reduction in straight leg raising, the doctor found normal strength in the upper and lower extremities and in grip. Timmons' cranial nerves were intact, and she could ambulate with normal gait and without the use of an assistive device. Dr. Subramanian diagnosed hypertension on medication, chronic obstructive airway disease, tobacco abuse, chronic back pain secondary to lumbosacral disease, history of carpal tunnel syndrome, chronic anxiety and depression. The doctor opined that Timmons had no disability in sitting, standing, handling ...


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