United States District Court, E.D. Arkansas, Little Rock Division
JOHNNY E. SCOTT PLAINTIFF
NANCY A. BERRYHILL, Acting Commissioner, Social Security Administration DEFENDANT
PATRICIA S. HARRIS UNITED STATES MAGISTRATE JUDGE
following Recommended Disposition
("Recommendation") has been sent to United States
District Judge Billy Roy Wilson. You may file written
objections to all or part of this Recommendation. If you do
so, those objections must: (1) specifically explain the
factual and/or legal basis for your objection; and (2) be
received by the Clerk of this Court within fourteen (14) days
of this Recommendation. By not objecting, you may waive the
right to appeal questions of fact.
FOR RECOMMENDED DISPOSITION
Scott applied for social security disability benefits with an
alleged disability onset date of March 31, 2006. (R. at 109).
After a hearing, the administrative law judge (ALJ) denied
his applications. (R. at 50-51). The Appeals Council denied
Scott's request for review. (R. at 1). The ALJ's
decision now stands as the Commissioner's final decision,
and Scott has requested judicial review.
reasons stated below, the magistrate judge recommends
affirming the Commissioner's decision.
The Commissioner's Decision
found that Scott was insured under the Social Security Act
through March 31, 2006. (R. at 42). The ALT found that Scott
had the severe impairment of degenerative disk disease of the
lumbar spine prior to the date last insured and that, since
the application date, he had the severe impairments of
degenerative disk disease of the lumbar spine and
degenerative joint disease of the right shoulder. (R. at 42).
The ALT determined that, prior to the date last insured,
Scott had the residual functional capacity (RFC) to perform
light work, except that he could not climb ladders, ropes, or
scaffolds; could only occasionally climb ramps or stairs,
kneel, crawl, crouch, stoop, or balance. (R. at 44). The ALT
found that, after the application date, Scott had the RFC to
perform light work, except that he could not climb ladders,
ropes or scaffolds; could occasionally climb ramps or stairs;
could occasionally perform all other postural activities and
could never reach overhead with the right upper extremity.
(R. at 44). Scott had no past relevant work. (R. at 49).The
ALJ found, with vocational expert (VE) testimony, that Scott
could perform jobs such as ticket taker or agricultural
produce sorter. (R. at 50). The ALJ therefore held that
Collison was not disabled. (R. at 50-51).
Summary of Medical Evidence
complained of lower back pain on April 11, 2006, but stated
that Tramadol helped with his pain. (R. at 1489). He again
complained of intermittent back pain and left leg numbness on
October 5, 2006, when his pain was noted as stable and he was
advised to reduce his cyclobenzaprine. (R.at 1477-79). On
March 3, 2010, Scott told his doctor that he managed his pain
with muscle relaxers, alcohol, and cannabis. (R. at 1399).
x-ray on September 14, 2010 showed narrowing of the facet
joints at ¶ 4-L5, hypertrophic changes of the facets at
¶ 5-S1, and first-degree spondylolisthesis of L5 on Si.
(R. at 393). A May 21, 2012 MRI revealed degenerative changes
most significant at ¶ 5-S1 and possible left
spondylosis. (R. at 389).
August 2013, Scott suffered alcohol withdrawal seizures that
resulted in a right proximal humeral fracture. (R. at
474-75). MRI and EEG were negative. (R. at 475). The seizures
were noted as resolved on September 12, 2013. (R. at 632).
The seizures resulted in a fracture that was repaired with a
right shoulder hemiarthroplasty on August 30, 2013. (R. at
879-80). He stated that he was not having much pain in the
shoulder on September 17, 2013. (R. at 613). He reported
improvement and decreased pain on September 25, 2013. (R. at
presented for a consultative examination on November 23,
2013, where Adam Dooley, M.D. found that he could rise from a
sitting position without assistance and bend and squat
without difficulty. (R. at 1545). Dr. Dooley found that Scott
had 5/5 grip strength and that his right shoulder wound was
healing well following the hemiarthroplasty. (R. at 1545-46).
Scott had reduced right shoulder range of motion. (R. at
1547). Dr. Dooley found that Scott could not engage in
prolonged standing or walking and could not carry more than
10 pounds with his right arm. (R. at 1546).
November 5, 2014, Scott reported pain and restricted range of
motion in his right shoulder, with pain being the bigger
issue. (R. at 1811). He had significantly reduced range of
motion on examination, and it was noted that his only option
would be a reverse total shoulder arthroplasty. (R. at 1812).
Scott underwent the revision surgery on June 8, 2015. (R. at
2047-49). A September 23, 2015 x-ray found a stable reverse
total shoulder arthroplasty. (R. at ¶ 860). Scott
reported that he was doing fine except for occasional pain in
the morning. (R. at 1915). He had 90 degree active forward
elevation and 30 degree active external rotation with
internal rotation up to L5 with 5/5 deltoid strength. (R. at
1915-16). His occupational therapist noted on September 9,
2015 that he should not lift weights exceeding ...