United States District Court, E.D. California
SHERI L. NELSON, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
ORDER ON PLAINTIFF’S SOCIAL SECURITY
APPEAL
SHEILA
K. OBERTO, UNITED STATES MAGISTRATE JUDGE
I.
INTRODUCTION
Plaintiff,
Sheri L. Nelson (“Plaintiff”), seeks judicial
review of a final decision of the Commissioner of Social
Security (the “Commissioner”) denying her
application for Disability Insurance Benefits
(“DIB”) pursuant to Title II of the Social
Security Act. 42 U.S.C. § 405(g). The matter is
currently before the Court on the parties’ briefs,
which were submitted, without oral argument, to the Honorable
Sheila K. Oberto, United States Magistrate
Judge.[1]
II.
FACTUAL BACKGROUND
Plaintiff
was born on August 11, 1960, and alleges disability beginning
on March 1, 2011. (Administrative Record (“AR”)
34; 230-43.) Plaintiff claims she is disabled due to chronic
back problems, depression, and fibromyalgia. (See AR
93; 253; 266.)
A.
Relevant Medical Evidence
On
March 10, 2008, a thoracic spine x-ray revealed thoracic
scoliosis (AR 346) and a cervical spine x-ray revealed
degenerative changes including cervical disk space narrowing
at C5-C6 and C6-C7 with hypertrophic spurring most pronounced
posteriorly at C5-C6, left C5-C6 and C6-C7 neural foraminal
narrowing, right C5-C6 neural foraminal narrowing, arthritic
changes of the lateral masses, and curvature potentially
indicating muscle spasm (AR 347). On June 19, 2008, Plaintiff
had a magnetic resonance imaging study done of her lumbar
spine which revealed multilevel degenerative disk and facet
changes without central canal stenosis, mild foraminal
narrowing as several levels, and multilevel
spondylolistheses. (AR 344-45.)
On May
13, 2010, Plaintiff saw family practitioner and pain
management specialist Dr. Timothy Hooper, M.D., with pain in
her low back, ankle, and hip as well as depression and an
anxiety disorder. (AR 383-86.) She described the back pain as
constant, chronic, and moderate in intensity and described
feelings of worthlessness and a tendency toward
indecisiveness. (AR 383.) Dr. Hooper noted Plaintiff enjoys
gardening, reading, and shopping, practices yoga, and can
bathe herself, clean the house, cook meals, dress herself,
feed herself, drive a car, live independently, and converse
in a meaningful manner, but cannot ride in public
transportation. (AR 384.) On examination, Plaintiff appeared
fatigued and in moderate pain, with a slowed gait, stiffness
and pain with range of motion in the neck, pain with range of
motion in the shoulders, hips, and ankles, crepitus in neck
and ankles, and tenderness in the low back, posterior neck,
and bilateral shoulders. (AR 385-86.) Dr. Hooper diagnosed
ankle pain, hip pain, and low back pain as well as depressive
disorder, for which he prescribed baclofen and Norco. (AR
386.)
On June
9, 2010, Plaintiff told Dr. Hooper that her pain had been
increasing while at work, especially with job-related
repetitive lifting, bending over, twisting, throwing, and
pushing heavy objects. (AR 379.) She reported relief with
heat, stretching, and narcotic pain medication. (AR 379.)
Examination findings were unchanged and Plaintiff also
presented with new positive straight leg raises, Hoover test,
pelvic rock test, and Faber test. (AR 381-82.) Dr. Hooper
refilled Plaintiff’s Norco and benazepril
prescriptions. (AR 382.) On July 7, 2010, Dr. Hooper noted
complaints of fatigue, hip pain, and low back pain, noted
positive symptoms of depression and no symptoms of anxiety,
feelings of stress, difficulty concentrating, or sleep
disturbance, and refilled Plaintiff’s Norco
prescription. (AR 377-78.) On August 2, 2010, Plaintiff
reported that work had been “stressful” and that
she was “very tired from working so hard, ” her
pain was a little worse, and her medication was not helping.
(AR 371.) Dr. Hooper refilled Plaintiff’s Norco and
methadone medications (AR 374) and on August 27, 2010, Dr.
Hooper also assessed Plaintiff with chronic pain, low back
pain, fatigue, and depressive disorder. (AR 369.)
On
September 22, 2010, Plaintiff saw Dr. Hooper to discuss
treatment with anti-depressants, having admitted to
“severe depression” despite taking Effexor,
Wellbutrin, and Deplin to treat her depressive symptoms. (AR
362.) On mental status examination, Plaintiff displayed an
anxious and depressed mood and affect, with pressured speech,
flight of ideas, circumstantial associations, worry about
everything, and only fair judgment. (AR 364.) Dr. Hooper
affirmed the diagnosis of depressive disorder and refilled
her Deplin. (AR 365.)
On
October 20, 2010, Plaintiff reported ongoing problems at work
and complained her low back pain, upper back pain, and
depression continued despite medication. (AR 358.) Dr. Hooper
refilled Plaintiff’s methadone and Norco medications
and prescribed the muscle relaxant Flexeril to help treat
Plaintiff’s chronic pain. (AR 361.) On November 17,
2010, Plaintiff reported that her medication was keeping her
pain between a 4/10 and a 6/10, and reported that the
“current pain relief makes a real difference for
her” and noted “improvements in physical
functioning, mood, sleep patterns, and overall
function.” (AR 354.) Dr. Hooper refilled
Plaintiff’s methadone and Norco prescriptions. (AR
357.) On December 13, 2010, Dr. Hooper noted Plaintiff was
being seen for “generalized pain and fatigue, low back
pain, upper back pain, and muscle aches, and
depression” and admitted she was not doing exercises.
(AR 349.) Plaintiff’s pain was worst in her lumbar
spine, with radiation to her thighs. (AR 349.) She
characterized the pain as “constant, moderate in
intensity, dull, throbbing, and aching.” (AR 349.) The
diagnoses of chronic pain, muscle aches, fatigue, and
depressive disorder were affirmed, with methadone and Norco
again refilled. (AR 352-53.) Dr. Hooper also noted the
“muscle aches” were diagnosed two years prior by
“the family doctor” due to “the presence of
tenderness at specified tender points when pressure to the
site is applied, symptoms present continuously for over 3
months, and pain present in all four body quadrants (upper
and lower, front and back).” (AR 349.) Plaintiff
described the intensity of these tender points as moderate
and episodic but consistently worsening. Plaintiff reported
that
. . . Primary joints affected include shoulders, right wrist,
and ankles. Tender spots include entire back, both scapular
regions, shoulders, the left, right, upper, mid, and lower
posterior neck, left posterior hip, right, inner and left,
inner knee, right, lateral and left, lateral elbow,
shoulders, hands, and ankles. Associated symptoms include
interrupted sleep, difficulty falling asleep, and poor sleep,
myalgias described as throbbing, joint stiffness (for <30
mins after arising in the AM) and “gelling” of
joints after periods of inactivity. . . . [Plaintiff] has
tried ibuprofen, Hydrocodone, going to a chronic pain
specialist (with fair results), relaxation therapy (with
mixed effectiveness), and stretching exercises (with mixed
effectiveness).
(AR 349-50.)
On
January 10, 2011, Dr. Hooper noted Plaintiff’s chronic,
moderate pain continued, mostly localized to the neck, back,
and bilateral thighs, and was aggravated by bending, lifting,
movement in general, and walking. (AR 477.) On examination,
Plaintiff was in mild pain and appeared tired; and had neck
stiffness with decreased range of motion and crepitus, a
slowed gait, pain on shoulder ranges of motion, back pain
with flexion and extension, and pain with range of motion in
both hips and ankles. (AR 479-80.) Dr. Hooper affirmed his
diagnoses of chronic pain as well as low- and upper back
pain, and refilled Plaintiff’s methadone and Norco. (AR
480.) At her February 2011 follow-up, Plaintiff requested a
decrease in the methadone and reported it was making her
“very sleepy at work.” (AR 473.)
On
March 2, 2011 Ms. Nelson saw osteopathic doctor Zuhra
Musherraf, D.O., and reported being “very stressed and
crying most of the time, ” being unable to
“function, ” and having to leave work early. (AR
483.) She had an appointment scheduled with psychiatry the
following week but felt she could not wait that long. (AR
483.) Although she was on Wellbutrin and Effexor, she asked
for a change in her medications and to begin counseling. (AR
483.) Plaintiff’s appointment with psychiatry was
rescheduled for the next day, and she saw psychiatrist Nancy
Kenyon Nelson, M.D., on March 3, 2011. (AR 483; 490.)
Plaintiff reported having had “a really hard
time” at work the preceding week and told Dr. Kenyon
Nelson she had been unable to work at all the preceding two
days. (AR 490.) Plaintiff reported ongoing difficulties with
her supervisor, crying episodes, and digestive issues due to
her stress. (AR 490.)
On
mental status examination, Plaintiff exhibited fidgety
behavior, very soft-spoken speech, an anxious and down mood,
an anxious and dysphoric affect, distractibility, impaired
concentration, an only “fair” fund of knowledge,
insight, and judgment, and occasional impulsive spending. (AR
489.) Her score on the Patient Health Questionnaire-9 was
consistent with “severe depression, ” with one
response indicating that she had moments when “she
wished God would take her” but denied specific suicidal
ideation. (AR 489.) Her score on the Burns Anxiety Inventory
was indicative of “severe anxiety.” (AR 489.) Dr.
Kenyon Nelson adjusted Plaintiff’s dosages of Effexor,
Zoloft, and Wellbutrin and recommended that she attend
“work stress groups” and “anxiety
groups” in the following weeks. (AR 490.) Dr. Kenyon
Nelson diagnosed her with Major Depressive Disorder,
recurrent, and Generalized Anxiety Disorder; with a
GAF[2]
of 31 to 40, 2 indicative of “some impairment.”
(AR 490.) On March 8, 2011, Dr. Kenyon Nelson noted that
Plaintiff had not attended the work stress group or the
anxiety group and was therefore noncompliant with their
agreed treatment plan. (AR 503.)
On
March 2, 2011, workers’ compensation psychologist John
Paul Beaudoin, Ph.D., stated that Plaintiff had a stable
medical condition “not likely to improve with active
medical or surgical treatment” supported by both
“subjective complaints” and “abnormal
examination findings.” (AR 199.) On March 24, 2011,
Plaintiff was seen at Forest Road Prompt Care by Dr. Daniel
C. Meador, M.D., requesting to be taken off work secondary to
severe-job related anxiety. (AR 389.) Plaintiff was tearful,
stating that her supervisor was creating such stress for her
that she was “unable to function in the
workplace.” (AR 389.) Dr. Meador noted, however, that
he had spoken with Gilbert Silva, P.A., who had confirmed
that Job Care believed that her anxiety was
“nonindustrial” in nature. (AR 389.) Dr. Meador
diagnosed Plaintiff with “anxiety, job-related”
and prescribed one-week of Ativan and excused her from work
for five days, advising her to follow up with mental health
services. (AR 389.)
On
March 7, 2011, Plaintiff was off work on medical leave and
complained to Dr. Hooper that she was “very stressed
from work” and experiencing hip pain, neck stiffness,
and anxiety. (AR 469.) Physical examination findings were
unchanged, and psychiatric examination showed her to have an
agitated, anxious mood and affect. (AR 471-72.) Dr. Hooper
diagnosed generalized anxiety and in addition to renewing her
methadone and Norco prescriptions, added a prescription for
the muscle relaxant Soma. (AR 472.)
From
March 30 through May 12, 2011, Plaintiff saw psychologist
Arlene Giordano, Ph.D., FICPP, on an approximately weekly
basis in conjunction with her worker’s compensation
claim due to workplace stress. (AR 422-27.) On March 25,
2011, Dr. Giordano opined Plaintiff would need to remain on
stress leave from work through May 2, 2011 (AR 427) and on
April 29, 2011, Dr. Giordano opined Plaintiff would need to
take an additional six weeks stress leave from work (AR 424).
On May 18, 2011, Plaintiff called to cancel her appointment
and future appointments because her workers’
compensation claim had been denied. (AR 452.)
On
April 4, 2011, Dr. Hooper observed a slowed gait, pain with
range of motion in the neck, shoulders, back, hips, and
ankles, tenderness in the low back, posterior neck, and
bilateral shoulders, and intact memory, attention, and
concentration. (AR 467.) Dr. Hooper refilled
Plaintiff’s Norco for hip pain and methadone for
chronic pain syndrome, and noted Plaintiff was taking Zoloft
and Wellbutrin for her psychiatric symptoms. (AR 465; 468.)
Plaintiff reported that Norco and methadone had provided
meaningful pain relief, with improvements in physical
function, family relationships, and overall function, but not
in social relationships, mood, or sleep patterns. (AR 465.)
The medications were also causing constipation and fatigue.
(AR 465.) Physical examination findings remained the same,
with psychiatric examination showing an anxious and depressed
mood and affect, pressured speech, flight of ideas,
circumstantial associations, unreasonable worry about
everything, and only fair judgment. (AR 468.) Dr. Hooper
diagnosed Plaintiff with chronic pain syndrome, generalized
anxiety, and insomnia in addition to hip pain and neck
stiffness. (AR 468.)
In May
2011, Plaintiff reported having “[t]rue panic
attacks” in addition to generalized anxiety several
times per week, with triggers including occupational
stressors. (AR 457; 461.) Dr. Hooper refilled Norco and
methadone for low back pain (AR 464) and at the end of the
month, noted Sertraline, Soma, Wellbutrin, methadone, Norco,
and Effexor and as current medications (AR 459).
On July
15, 2011, Plaintiff’s pain index was three and she
presented with a slowed gait, pain with range of motion in
the neck, shoulders, back, hips, and ankles, and tenderness
in the low back, posterior neck, and bilateral shoulders. (AR
451-52.) Dr. Hooper stated that Plaintiff would pick up
methadone for low back pain the following week. (AR 452.)
Plaintiff had gained weight and reported ongoing low back
pain, stiffness, and paravertebral spasm, depression, and
hypertension. (AR 449.) Plaintiff reported a positive
difference in her depression with the Cymbalta and asked to
discontinue Norco. (AR 449). Dr. Hooper noted
Plaintiff’s primary form of exercise was walking. (AR
449.) Physical examination findings remained unchanged. (AR
451-52.)
On
August 8, 2011, clinical psychologist John-Paul Beaudoin,
M.Div., Ph.D., Q.M.E., performed a qualified medical
evaluation on behalf of the state agency. (AR 407-12;
528-33.) Plaintiff related a “pattern of work stress
and a hostile work environment created by the dysfunctional
management style of her Supervisor” while working as a
receptionist. (AR 402-03.) Plaintiff reported subjective
complaints of sadness, anhedonia, failure, being overwhelmed,
crying, social isolation, difficulty making decisions,
diminished motivation, sleep disturbance, loss of appetite,
loss of libido, and experiencing “pain throughout [her]
body.” (AR 403.) Plaintiff did not finish high school,
as she dropped out after becoming pregnant in the 10th grade.
(AR 405.)
Dr.
Beaudoin noted Plaintiff was pleasant, cooperative, and
apologetic, presenting with a sad and tearful mood; a
somewhat constricted, mildly depressed affect; speech
somewhat elevated in rate; oriented to time, place, person,
and situation; non-verbal expressions indicating anxiety,
shame, and distress; intermittent tearfulness; somewhat fast
speech; vagueness in her descriptions of remembered events;
and reports of having been depressed since her injury, with
periods of sadness, tearfulness, anhedonia, guilt,
self-recrimination, social isolation, decreased appetite,
somatic complaints, and disturbed sleep; goal-oriented
thought processes within normal limits; and no abnormal
thought content, though she described having little life
energy. (AR 413.)
Dr.
Beaudoin administered the Beck Anxiety and Depression
Inventories, which were consistent with moderate depression
but no anxiety disorder. (AR 414.) On the Minnesota
Multiphasic Personality Inventory II (“MMPI-II”),
Plaintiff achieved scores that were likely valid according to
validity profiles that detect maladjustment and somatic
complaint. (AR 415-16.) Her scores in the clinical scales
were reflective of “significant psychological
difficulties, ” with elevated depression and
introversion scores. (AR 416.) Dr. Beaudoin also administered
a Brief Symptom Inventory (“BSI”) test, on which
Ms. Nelson’s scores were consistent with a moderate
level of distress with multiple symptoms, evidence of
self-recrimination, poor self-esteem, self-doubt, feelings of
inadequacy, elevated depression, and intense social
alienation. (AR 416.) Dr. Beaudoin diagnosed Plaintiff with
Major Depressive Disorder, recurrent and moderate, with Axis
II diagnoses of Passive Dependent Personality Traits,
difficulty making everyday decisions and expressing
disagreement, and fear of confrontation, all of which affect
her ability to cope with conflictual work and interpersonal
situations. (AR 417.) Dr. Beaudoin assessed Plaintiff with a
GAF score of 55. (AR 417.) He found that Plaintiff’s
psychiatric injuries “are not predominantly or
substantially caused by the actual events of employment but
are the culmination of a preexisting pattern of dysfunction
and concurrent stressors.” (AR 418.) He found Plaintiff
“temporarily totally disabled” on a
non-industrial basis since March 3, 2011, but opined that she
had not yet “reached permanent and stationary”
disability status. (AR 418-20.)
On
August 18, 2011, Plaintiff saw Dr. Hooper for worsening
symptoms of depression and a mood stabilizer was added to her
medication regimen. (AR 444-48.) On September 15, 2011,
Plaintiff reported continued low back pain, neck pain, and
anxiety and reported that her depression was still
uncontrolled despite taking Cymbalta, Wellbutrin, Effexor,
and Zoloft. (AR 44; 443.) Dr. Hooper refilled
Plaintiff’s Lorazepam prescription for her anxiety and
added Depakote for her depression. (AR 445.)
Plaintiff’s pain index was four. (AR 443.) Examination
of Plaintiff’s back was grossly normal, including
normal gait, but there was also some pain elicited by
palpation. Plaintiff reported upper back pain, anxiety, and
depression. (AR 444.)
On
October 18, 2011, Plaintiff’s pain index was three (AR
439) and Plaintiff had a slowed gait and pain with range of
motion in the neck, shoulders, back, hips, and ankles (AR
439-40).
Plaintiff
reported she was still experiencing chronic pain radiating
from her left neck to her upper back and left shoulder, and
described the pain as “moderate in intensity, constant,
cramping, pulling, and throbbing.” (AR 437.) Dr. Hooper
prescribed Baclofen for low back pain. (AR 441.) On November
15, 2011, Dr. Hooper noted a slowed gait, pain with range of
motion in the neck, shoulders, back, hips, and ankles, and
tenderness in the low back, posterior neck, and bilateral
shoulders. (AR 435; 546.) Dr. Hooper refilled
Plaintiff’s prescription for methadone and prescribed
Cymbalta for her low back pain, refilled Baclofen for her
neck pain, and refilled Lorazepam for her anxiety. (AR 436;
546-47.) Dr. Hooper noted Plaintiff’s fatigue was
currently “quite severe in intensity” but that
there were “no problems with initiation or maintenance
of sleep” and that the amount of sleep Plaintiff got
each night was “quite variable.” (AR 433.) Her
methadone, Cymbalta, Baclofen, and Lorazepam prescriptions
were all refilled. (AR 436.)
On
December 13, 2011, Dr. Hooper noted a slowed gait, pain with
range of motion in the neck, shoulders, back, hips, and
ankles, tenderness in the low back, posterior neck, and
bilateral shoulders, and intact memory, attention, and
concentration. (AR 432; 551.) He refilled Plaintiff’s
prescription for methadone for her low back pain, refilled
Baclofen for her neck pain, prescribed Lorazepam and Zoloft
for her anxiety, added a prescription for Doxycycline, and
noted she was currently also taking Effexor. (AR 431-32.) Dr.
Hooper noted Plaintiff’s physical health was
contributing to her anxiety. (AR 429.) Her physical
examination findings remained unchanged, and she again showed
an anxious and depressed mood and affect with pressured
speech, flight of ideas, circumstantial associations,
abnormal worry, and fair judgment. (AR 432.)
On
January 10, 2012, Dr. Hooper noted Plaintiff was taking
methadone, Norco, Flexeril, and Baclofen for pain and Zoloft,
Deplin, Lorazepam, and Effexor for her mental health. (AR
599.) Plaintiff’s pain index was four and she
demonstrated a slowed gait, pain with range of motion in the
neck, shoulders, back, hips, and ankles, and tenderness in
the low back, posterior neck, and bilateral shoulders. (AR
599-600.) Plaintiff complained of stiffness, paravertebral
spasm, leg weakness, interrupted sleep, difficulty falling
asleep, throbbing myalgias, joint stiffness for up to half an
hour in the mornings, fatigue, anxiety, and depression. (AR
597.) Examination revealed an anxious and tired appearance,
looking to be in moderate pain; neck stiffness with decreased
ranges of motion and crepitus; a slowed gait; painful ranges
of neck motion; pain in the shoulder and back ranges of
motion; tenderness in the low back, posterior neck, and
bilateral shoulders; and an anxious mood and affect. (AR
600.) Dr. Hooper diagnosed Plaintiff with fibromyalgia, neck
and low back pain, and fatigue, and continued her on
methadone, Baclofen, and lorazepam. (AR 600.)
On
February 14, 2012, Dr. Hooper noted Plaintiff’s pain
index was three and observed a slowed gait; pain with range
of motion in the neck, shoulders, back, hips, and ankles; and
tenderness in the low back, posterior neck, and bilateral
shoulders. (AR 595.) Plaintiff reported experiencing an
anxious mood, appetite changes, altered sleep habits, crying
spells, decreased concentration, and fatigue, all of which
were frequent and present most days. (AR 592.) Examination
revealed pain to palpation of several identified regions of
the body; decreased deep tendon reflexes; diminished muscular
strength in the quadriceps and gluteal muscles; as well as
the continued findings yielded on prior examination. (AR
594-95.) Dr. Hooper refilled Plaintiff’s prescriptions
for methadone for low back pain and Lorazepam for anxiety,
and prescribed Zyprexa for depression. (AR 595-96.)
On
March 21, 2012, Plaintiff’s pain index was three and
Dr. Hooper observed a slowed gait; pain with range of motion
in the neck, shoulders, back, hips, and ankles; and
tenderness in the low back, posterior neck, and bilateral
shoulders. (AR 590-91.) He refilled methadone for low back
pain and Lorazepam for muscle spasms. (AR 591.) On July 24,
2012, Plaintiff complained of abdominal pain, low back pain,
anxiety, and depression and reported a pain index of four.
(AR 584; 586.) On examination, Plaintiff’s back was
grossly normal and she had a normal gait, but palpation of
the bilateral cervical, thoracic, and lumbar paraspinal
muscles, bilateral gluteus muscles, and bilateral posterior
superior iliac crest elicited some pain and spasm was noted
in her bilateral cervical, thoracic, and lumbar paraspinal
muscles. (AR 586-87.) Dr. Hooper refilled Plaintiff’s
prescriptions for methadone for low back pain and Lorazepam
for anxiety. (AR 587.) On August 29, 2012, Plaintiff told Dr.
Hooper that she had been decreasing her methadone over the
past month from five doses a day to two or three doses a day,
and stated that she would like to discuss tapering off
methadone entirely. (AR 583.)
On
September 18, 2012, Plaintiff presented with continued
symptoms of fibromyalgia and moderate depression and anxiety,
complained of a pain index of three, and was observed to have
a slowed gait; pain with range of motion in the neck,
shoulders, back, hips, and ankles; and tenderness in the low
back, posterior neck, and bilateral shoulders. (AR 581.) Dr.
Hooper refilled Plaintiff’s methadone for her pain and
added Trazadone for her fatigue. (AR 581-82.) Plaintiff
reported averaging 12 hours of sleep per night. (AR 578.) On
October 12, 2012, Plaintiff reported having to take an extra
methadone for a couple of days “due to severe back
[pain] after cleaning a friend[’]s house” and was
given a new prescription. (AR 577.)
On
November 20, 2012, Plaintiff presented to Dr. Hooper with
complaints of anxiety, depression, insomnia, and fibromyalgia
(AR 572), and Dr. Hooper added a diagnosis of osteoarthritis
of the hand (AR 576). On examination, Plaintiff’s back
was grossly normal and she presented with normal gait, but
there was also some pain elicited by palpation. (AR 575.) Dr.
Hooper refilled methadone for fibromyalgia, Trazadone for
insomnia, and Lorazepam for anxiety, and, for low back pain,
recommended alternating cold packs and moist heat, massage,
and home back strengthening exercises. (AR 576.)
Dr.
Hooper also completed a fibromyalgia questionnaire based on
his own treatment history, Plaintiff’s past
radiological and magnetic resonance imaging (MRI) findings,
and her tenderness, pain, and depression complaints. (AR
554-59.) Dr. Hooper opined Plaintiff meets the American
College of Rheumatology criteria for fibromyalgia and shows
evidence of multiple tender points, non-restorative sleep,
chronic fatigue, morning stiffness, muscle weakness,
subjective swelling, irritable bowel syndrome,
temporo-mandibular joint dysfunction, numbness and tingling,
anxiety, panic attacks, depression, and chronic fatigue
syndrome. (AR 555.)
Dr.
Hooper further opined that emotional factors contribute to
the severity of her symptoms and functional limitations, that
her impairments frequently interfered with her attention and
concentration, and that she is not a malingerer. (AR 555-56.)
Dr. Hooper opined that Plaintiff is markedly limited in her
ability to handle stress and, in a competitive work
environment, she could sit or stand no more than 15 minutes
at a time and for less than a total of two hours each; that
she needs to walk every 15 minutes for 10 minutes each time;
that she needs to be able to change positions frequently for
15- to 30-minute periods; that she could lift or carry up to
10 pounds occasionally and no weight frequently; that she has
significant limitations in performing repetitive reaching,
handling, or fingering; that she is likely to miss work more
than three times per month; and that she would be “ok
to work 2 h[ou]rs per day over [an] 8-h[ou]r period.”
(AR 556-58.) Dr. Hooper listed May 13, 2010, the date he
began treating Plaintiff, as the earliest date the identified
limitations would apply. (AR 559.) Dr. Hooper also apparently
had trouble with the questionnaire, first seeming to write a
date in 2010, then crossing it out and dating it instead
November 20, 2012, and writing one street address, then
crossing it out and listing another. (See AR 559.)
The handwriting in the questionnaire itself also appears to
be different than the printing used on the last page to fill
in Dr. Hooper’s name and address. (Compare AR
554-58 with AR 559.)
In a
letter dated November 21, 2012, Dr. Hooper noted he had
treated Plaintiff since May 2010 for osteoarthritis,
fibromyalgia, and chronic pain syndrome that caused symptoms
of severe joint pain, back pain, neck pain, bilateral hip
pain, severe muscle spasms, and moderate depression. (AR
553.) Dr. Hooper opined that “the sum of the
impairments of the above diagnoses result in a disability
rating precluding most if not all work.” (AR 553.)
On
November 27, 2012, Plaintiff called to follow-up about a
letter needed for her disability hearing and to report an
increase in her methadone usage due to an increase in pain
possibly related to stress and the fact that she was moving.
(AR 571.) On January 16, 2013, Plaintiff was seen for ongoing
depression, osteoarthritis of moderately severe intensity,
continued low back pain with stiffness and spasm, and
fibromyalgia. (AR 566.) She continued to experience impaired
sleep, myalgias, and a “gelling” of her joints
after periods of inactivity. (AR 566.) Plaintiff reported to
Dr. Hooper that hydrocodone, administered by a pain
specialist, had only impaired “fair results” and
relaxation therapy and stretching had provided “mixed
effectiveness.” (AR 566.) Dr. Hooper diagnosed moderate
depression and generalized anxiety, low back pain, and
fibromyalgia; added Seroquel to Plaintiff’s Lorazepam
regimen; recommended avoidance of caffeine and stress
reduction to help with Plaintiff’s anxiety; recommended
alternating cold packs and moist heat, massage, and home back
strengthening exercises for Plaintiff’s back pain; and
recommended increased physical activity, a support group, no
substance abuse, and social interaction to treat
Plaintiff’s moderate depression. (AR 569-70.) For
hypertension, he recommended avoiding licorice and
pseudoephedrine or other stimulants/decongestants in common
cold remedies; decreasing consumption of alcohol; routine
monitoring of blood pressure; having someone monitor
Plaintiff for loud snoring or sleep apnea; exercise;
reduction of dietary salt intake; taking medication as
prescribed; smoking cessation; weight loss; and stress
reduction. (AR 569-70.)
On
March 13, 2013, Plaintiff saw Dr. Hooper for constipation and
wrist and neck pain. (AR 562.) Dr. Hooper observed a slowed
gait; pain with range of motion in the neck, shoulders, back,
hips, and ankles; and tenderness in the low back, posterior
neck, and bilateral shoulders. (AR 565.) Dr. Hooper
prescribed Flexeril for neck pain and refilled methadone for
fibromyalgia and Lorazepam for depression. (AR 565.)
Plaintiff’s medications were refilled in May 2013 (AR
615-16) but in July 2013, Dr. Hooper substituted morphine for
the methadone (AR 611-12). Dr. Hooper refilled
Plaintiff’s morphine prescription in August 2013 for
her persistent fibromyalgia and low back pain. (AR 620-21.)
In a
letter dated July 30, 2013, Dr. Hooper again reported he had
treated Plaintiff for fibromyalgia, osteoarthritis, and
chronic pain syndrome since May 2010. (AR 618.) Dr. Hooper
reported Plaintiff experienced severe joint pain, back pain,
neck pain, bilateral hip pain, severe muscle spasms, and
moderate depression as a result of her impairments, and
displayed multiple positive tender points, poor sleep and
chronic fatigue, morning stiffness, muscle weakness, numbness
and tingling, anxiety, panic attacks, and chronic fatigue
syndrome. (AR 618, ) Dr. Hooper noted Plaintiff
“experiences pain in the lumbosacral, thoracic, and
cervical spine; left shoulder, right arm, and bilateral hands
and fingers; and in the hips, legs, knees, ankles, and
feet” and that the pain is worsened by “movement,
overuse, stress, and specific positions.” (AR 618.)
Dr.
Hooper’s opined limitations were largely consistent
with the sitting, standing, and walking limitations of his
November 2012 opinion. (AR 618; see also AR 554-59.)
Dr. Hooper opined Plaintiff is unable to sit or stand for
more than 15 minutes at a time, for a total of less than two
hours each of sitting, standing, or walking in an eight-hour
workday; that she is unable to lift more than 20 pounds; that
she could lift no more than 10 pounds on an occasional basis;
and that she is “significantly limited” in her
ability to perform fine or gross manipulations or use her
arms to reach. (AR 618.) Dr. Hooper opined Plaintiff’s
pain was “severe enough to interfere with her attention
and concentration on a ...