Pelts v. Social Security Administration Commissioner

Filing 16

FINAL JUDGMENT REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER FOR FURTHER CONSIDERATION PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g). Signed by Honorable Mark E. Ford on August 12, 2016. (hnc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
CHRISTOPHER KYLE PELTS
V.

PLAINTIFF

CIVIL ACTION NO. 2:15-CV-2161-MEF

CAROLYN W. COLVIN, Commissioner,
Social Security Administration

DEFENDANT

FINAL JUDGMENT
This cause is before the Court on the Plaintiff’s complaint for judicial review of an
unfavorable final decision of the Commissioner of the Social Security Administration denying his
claim for disability benefits. The parties have consented to entry of final judgment by the United
States Magistrate Judge under the provisions of 28 U.S.C. § 636(c). The Court, having reviewed
the administrative record, the briefs of the parties, the applicable law, and having heard oral
argument, finds as follows, to-wit:
Consistent with the Court’s ruling from the bench following the parties’ oral argument, the
decision of the Commissioner of Social Security is reversed and remanded for further proceedings
pursuant to sentence four of 42 U.S.C. § 405(g).
The evidence reveals that the Plaintiff was involved in a serious automobile accident in
July 2012. He was ejected from the vehicle and thrown 150 feet. As a result, the Plaintiff sustained
a closed head injury, bilateral pulmonary contusions, a left renal laceration, a pancreatic tail
contusion, a radial ulnar fracture, a scapular body fracture, a right hemopneumothorax, and a T8T9 burst fracture. Both the T8-T9 burst fracture and the radial ulnar fracture required surgical
intervention.
Dr. William Williams began treating Plaintiff shortly after the accident and documented
headaches, chest pain, right knee pain, bilateral shoulder pain, numbness in the left hand, left arm

pain, back pain, chronic pain syndrome, depression, and seizures. In April 2013, Dr. Williams
prepared a medical source statement assessing the following limitations:
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Lift and/or carry 20 pounds occasionally
Lift and/or carry 10 pounds frequently
Stand and walk about 3 hours during an 8-hour workday with normal breaks
No sitting limitations
Frequent changes in position due to chronic pain from thoracic vertebral fractures
Reach, handle, and finger 1/3 of an 8-hour workday due to ocular nerve damage
Would miss more than 4 days of work per week due to impairments or treatment for
impairments

In June 2013, after receiving a more detailed form from Plaintiff’s counsel, Dr. Williams assessed
the following limitations:
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Sit for 30 minutes for a total of at least 6 hours per day
Stand for 30 minutes and can stand/walk for a total of about 2 hours per day
Periods of walking around during an 8-hour workday for 5 minutes every 30 minutes
Will sometimes need to take 4-5 unscheduled breaks during an 8-hour workday lasting 510 minutes each
Never lift 10 pounds or more
Frequently look down, turn head right or left, look up, and hold head in a static position
Rarely twist, stoop, crouch, and climb
Will miss about 3 days of work per month
In September 2013, the Commissioner ordered a consultative orthopedic examination with

Dr. David Oberlander. He documented marked spasms in the lower back region with a reduced
range of motion, a broad based gait with limp and “obvious pain” that he noted to be “quite
abnormal”, the inability to tandem walk or heel walk, and the inability to safely perform the
Romberg test. Dr. Oberlander also assessed the following limitations:
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Sit for 15 minutes for a total of 45 minutes in an 8-hour workday
Stand and/or walk for 15 minutes for a total of 45 minutes
Limitations sitting, standing, and walking due to back pain, abnormal gait, and fractures.
Occasionally reach, handle, finger, grip, feel, and push/pull with his right hand secondary
to back pain
Never operate foot controls with either foot secondary to back pain and abnormal gait
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Never climb, balance, stoop, kneel, crouch, or crawl due to unsteady gait, fracture, and
back impairment
Never work near unprotected heights or moving mechanical parts
Occasionally operate a motor vehicle, work in humidity and wetness; work near dust,
odors, fumes, and pulmonary irritants, work in extreme heat or cold, and work involving
vibrations
Cannot walk a block at a reasonable pace on rough or uneven surfaces
Cannot climb even a few steps at a reasonable pace with the use of a single hand rail
In spite of this evidence, the ALJ relied on two assessments from non-examining

consultants, predating both Dr. Williams’ and Dr. Oberlander’s medical source statements. See
Wildman v. Astrue, 596 F.3d 959, 967 (8th Cir. 2010) (opinions of non-examining physicians
deserve little weight in the overall evaluation of disability). Accordingly, the Court finds that
remand is necessary to allow the ALJ to reconsider the treating and examining source evidence in
this case, and to reconsider the Plaintiff’s RFC in light of this evidence.
IT IS SO ORDERED AND ADJUDGED on this the 12th day of August, 2016.
/s/ Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE

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