Jacobson v. Commissioner of Social Security
Filing
21
OPINION AND ORDER ON SOCIAL SECURITY APPEAL. Signed by U.S. District Judge Charles B. Kornmann on 3/30/15. (SKK)
On November 18, 2008, plaintiff had a preoperative evaluation with Dr. Feeney. He
followed up with Dr. Feeney on December 9 and December 31, 2008.
Plaintiff underwent a left hip replacement in January 2009. Five days later, on January
23, 2009, he saw Dr. Feeney. He was using a walker and was in severe pain. Dr. Feeney put
him on Oxycodone and Vicodin and discussed the possibility that plaintiff may need inpatient
treatment to wean off the pain medication once his pain subsides. Two weeks later, he had a
post-operative follow up with Dr. Nwakama. He reported that he has been on Oxycodone and
Vicodin for pain control which was being managed by Dr. Feeney. He was walking with a cane.
Although he complained of pain at a level seven on a ten point scale, he was seen to have a
normal gait.
On February 2, 2009, Dr. Feeney’s notes indicate that plaintiff’s hip pain had subsided
but he still had knee pain and was walking with a cane. He was given a two week supply of
Oxycodone with a plan to start weaning him off those medications. He was continuing physical
therapy. On February 13, 2009, Dr. Feeney noted that plaintiff was using fewer pain
medications. He was walking with a cane. Dr. Feeney decreased the strength of the pain
medications. On February 25, 2009, Dr. Feeney again reduced plaintiff’s pain medications but
gave him a 30 day supply.
In March 2009, he had a follow up mental health appointment with no change in his
diagnosis or his stressors. On March 23, 2009, he saw Dr. Feeney. He had pain in his hip, right
knee, and wrist. Dr. Feeney scheduled him for physical therapy.
On April 8, 2009, plaintiff again saw Dr. Nwakama. He complained of hip pain at a level
of one. Upon examination, he had normal range of motion without pain, normal gait, and “he
moves about the room easily.” He was given instruction for range of motion exercises and
advised to follow up in one year.
On April 13, 2009, plaintiff told his pharmacist that all his medications were stolen in
Sioux Falls. The pharmacy contacted Dr. Devine’s office who had not seen plaintiff since May
2008. Dr. Devine’s office noted that plaintiff would have to receive his medications from Dr.
Feeney. Plaintiff contacted Dr. Feeney’s office, requesting refills due to the theft. No refills
were prescribed.
Plaintiff saw Dr. Feeney on April 20, 2009, at which time he noted that his hip and knee
pain had subsided. He was worried about having to do planting on his father’s farm because he
5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?