Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Essman v. Berryhill

United States District Court, E.D. Missouri, Eastern Division

February 13, 2019

NICOLLE ESSMAN, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.

          MEMORANDUM

          DAVID D. NOCE, UNITED STATES MAGISTRATE JUDGE

         This action is before the court for judicial review of the final decision of the defendant Commissioner of Social Security denying in part the application of plaintiff Nicolle Essman for disability insurance benefits under Title II of the Social Security Act (Act), 42 U.S.C. §§ 401-434. The parties have consented to the exercise of plenary authority by the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). For the reasons set forth below, the final decision of the Commissioner is affirmed.

         I. BACKGROUND

         Plaintiff was born on June 26, 1978 and was 38 years old at the time of her hearing. She filed her application on September 14, 2014, alleging a July 30, 2014 onset date and alleging disability due to bipolar disorder, back pain, foot pain, hip pain, and postpartum depression. (Tr. 155-56, 179). Her application was denied, and she requested a hearing before an Administrative Law Judge (ALJ). (Tr. 91-98).

         On January 12, 2017, following a hearing, an ALJ issued a decision finding that plaintiff was not disabled under the Act. (Tr. 18-27). The Appeals Council denied her request for review. (Tr. 1-6). Thus, the decision of the ALJ stands as the final decision of the Commissioner.

         II. ADMINISTRATIVE RECORD

         The following is a summary of plaintiff's medical and other history relevant to this appeal.

         On August 20, 2014, plaintiff met with Keya B. Hindia, D.O., an internist, for follow-up to her recent hospitalization after a failed suicide attempt. She was positive for myalgias and back pain, and having dysphoric mood. She was diagnosed with major depressive disorder. (Tr. 232-33). She underwent a psychological evaluation that same day at Psych Care Consultants and was diagnosed with post-partum depression and bipolar disorder. She was assigned a GAF score of 45, indicating moderate symptoms. (Tr. 257-59).

         Plaintiff underwent chiropractic treatment at Baker Chiropractic from August 27, 2014 to October 17, 2016. (Tr. 435-53). An x-ray of her sacrum and coccyx taken on August 29, 2014 was negative. An x-ray of her lumbar spine showed a healing compression fracture at ¶ 2. (Tr. 236-37).

         From September 3 to October 8, 2014, plaintiff underwent counseling at Psych Care Consultants. She was assigned GAF scores ranging from 52 to 55, indicating mild symptoms. (Tr. 252-56).

         Plaintiff saw a psychiatrist, Berette Salazar, M.D., from September 29 through November 26, 2014. Dr. Salazar diagnosed bipolar disorder and prescribed Zyprexa, used to treat bipolar disorder, and Klonopin, for anxiety. Plaintiff's mood was stable and her insight good at a November 26, 2014 appointment. (Tr. 263-73).

         On September 30, 2014, plaintiff saw Dr. Hindia and reported ongoing lower back pain radiating to the right hip. (Tr. 571). From December 2, 2014 through January 14, 2015, plaintiff underwent physical therapy for joint pain in the left leg, sacroiliitis, and lumbosacral spondylosis. (Tr. 291-301).

         On December 8, 2014, plaintiff saw Dr. Rachel Feinburg, a pain management specialist. Plaintiff was diagnosed with a fracture of L2, thoracic and lumbar spondylosis, severe hypermobility, and bipolar disorder. (Tr. 281). She saw Dr. Feinburg again on January 7, 2015, and received trigger point and facet injections. Plaintiff reported that her knee pain was completely gone and her low back pain was at least 40% improved. (Tr. 485-88).

         On January 19, 2015, plaintiff saw Sandra Tate, M.D., for an independent medical examination. Dr. Tate's impression was back pain with L2 compression fracture, bilateral leg pain, and bipolar disorder. Dr. Tate stated she should not lift more than 30 pounds, not ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.