United States District Court, E.D. Arkansas, Helena Division
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
Brown applied for social security disability benefits with an
alleged disability onset date of July 23, 2012. (R. at 96).
After a hearing, the administrative law judge (ALJ) denied
her application. (R. at 131). The Appeals Council remanded
for further proceedings. (R. at 138-39). After a second
hearing, the ALJ again denied Brown's application. (R. at
28). The Appeals Council denied Brown's request for
review. (R. at 1). The second ALJ's decision now stands
as the Commissioner's final decision, and Brown has
requested judicial review.
reasons stated below, the magistrate judge recommends
affirming the Commissioner's decision.
The Commissioner's Decision
found that Brown had the severe impairments of diabetes
mellitus, migraine headaches, degenerative disk disease,
obesity, and gout. (R. at 23). As a result of the
impairments, the ALJ determined that Brown had the residual
functional capacity (RFC) to perform sedentary work except
that she could only occasionally stoop, crouch, bend, kneel,
crawl, and balance; could understand, remember and carry out
complex instructions; and respond to changes in the
workplace. (R. at 23). The ALJ took testimony from a
vocational expert (VE) and determined that Brown could not
perform her past relevant work. (R. at 26). The VE testified,
however, that Brown had acquired transferable skills from her
work as assistant manager and department store manager. (R.
at 27). The VE testified that a person with Brown's RFC
and transferable skills could perform jobs such as personnel
clerk and order clerk. (R. at 27). The ALJ therefore held
that Brown was not disabled. (R. at 28).
Summary of Medical Evidence
was admitted to White County Medical Center with foot pain on
July 23, 2012. (R. at 402). She was diagnosed with plantar
fasciitis and discharged home with a Norco prescription and
instructions to be off work for one week and have no
weight-bearing for one week. (R. at 404). Her foot was also
splinted. (R. at 406).
was seen at Westside Family Medical Clinic for ER follow-up
on July 27, 2012. (R. at 420). She was seen again on August
10, 2012 to get paperwork for medical leave. (R. at 419). On
August 30, 2012, she was seen for a check-up and continued to
have issues with gout and heel pain. (R. at 418).
Bruce Berkheimer treated Brown on September 10, 2012 for
right heel pain. (R. at 431). Dr. Berkheimer noted that Brown
had a mild, pronated foot type and treated her with a plantar
fascia injection. (R. at 431). She visited Dr. Berkheimer for
a left heel injection on September 27, 2012. (R. at 475).
October 16, 2012, Brown visited White County Medical Center
for foot pain. (R. at 514). She was diagnosed with a heel
spur and discharged. (R. at 516-17).
October 18, 2012, Dr. Berkheimer noted severe plantar
fasciitis/heel spur syndrome, for which he gave her
injections and recommended shoes ...