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.

Scott v. Berryhill

United States District Court, E.D. Arkansas, Little Rock Division

November 1, 2017

JOHNNY E. SCOTT PLAINTIFF
v.
NANCY A. BERRYHILL, Acting Commissioner, Social Security Administration DEFENDANT

          RECOMMENDED DISPOSITION

          PATRICIA S. HARRIS UNITED STATES MAGISTRATE JUDGE

         INSTRUCTIONS

         The 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.

         REASONING FOR RECOMMENDED DISPOSITION

         Johnny 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.

         For the reasons stated below, the magistrate judge recommends affirming the Commissioner's decision.

         I. The Commissioner's Decision

         The ALT 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).

         II. Summary of Medical Evidence

         Scott 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).

         An 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).

         In 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 484).

         Scott 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).

         On 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 ...


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.