United States District Court, S.D. Indiana, Indianapolis Division
DAVID M. TROGDON, Plaintiff,
NANCY BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant.
ENTRY ON JUDICIAL REVIEW
WALTON PRATT, JUDGE UNITED STATES DISTRICT COURT SOUTHERN
DISTRICT OF INDIANA
David Trogdon (“Trogdon”) requests judicial
review of the final decision of the Commissioner of the
Social Security Administration (the
“Commissioner”), denying his application for
Supplemental Security Income (“SSI”) under Title
XVI of the Social Security Act, 42 U.S.C. § 1382c(a)(3)
(“the Act”). For the following reasons, the Court
AFFIRMS the decision of the Commissioner.
filed an application for Supplemental Security Income on
November 1, 2012, alleging a disability onset of January 1,
(Filing No. 13-2 at 16). His claims were initially
denied on December 11, 2012, and again on reconsideration on
February 11, 2013. Id. Trogdon filed a timely
request for a hearing, which was held on February 18, 2014,
before Administrative Law Judge Tammy Whitaker (“the
ALJ”). Id. The ALJ issued a decision on May
30, 2014, denying Trogdon's application. (Filing No.
13-2 at 31.)
17, 2014, Trogdon requested review by the Appeals Council,
and submitted additional evidence for the Appeals
Council's review. (Filing No. 13-2 at 7;
Filing No. 13-2 at 10.) Among the new evidence
submitted was the January 1, 2015 determination by
Indiana's Medicaid Program ALJ Charlotte Callis which
reversed the discontinuance of Trogdon's “Medical
Assistance to the Disabled” allowing him to remain on
Medicaid. (Filing No. 13-6 at 89.) On September 17,
2015, the Appeals Council again denied Trogdon's request
for review, thereby making the ALJ's decision the final
decision of the Commissioner for purposes of judicial review.
(Filing No. 13-2 at 2.)
specific elements of Trogdon's medical history are
relevant here, and the Court limits its discussion to those.
At the time of his alleged disability onset, Trogdon was 45
years old and had at least a high school education.
(Filing No. 13-2 at 30.) The Vocational Expert, (the
“VE”) identified Trogdon's past work
experience, before the onset of his disability, as deliverer,
construction worker, carpenter, drywall installer, and
painter. (Filing No. 13-2 29-30.) The ALJ found the
VE's testimony that Trogdon would not be able to perform
any of his past relevant work to be credible. Id.
alleges the following impairments: myocardial infarction,
coronary artery disease, sinus bradycardia, multiple
arthralgias, bunions with foot pain, obstructive sleep apnea,
lumbar spine pain, major depressive disorder, bipolar
disorder, post-traumatic stress disorder
(“PTSD”), tendonitis, hyperlipidemia,
hypothyroidism, leg cellulitis, polyuria, cystitis, and
hypotension. (Filing No. 18 at 3.) He has sought
treatment for depression, anxiety, and PTSD on a number of
occasions, and has been diagnosed with recurrent depression
and psychosis. (Filing No. 13-8 at 7.)
November 20, 2012, Dr. Ibrar Paracha (“Dr.
Paracha”) saw Trogdon for a consultative examination by
a social security examiner. (Filing No. 13-7 at 37.)
Trogdon reported that he had not worked since April 2012 due
to his chronic bilateral foot pain, bilateral knee paid,
lumbar spinal pain, and bilateral shoulder pain. Id.
Dr. Paracha noted that Trogdon was unable to do heel and toe
walking due to the bunions on his feet; however, he could
walk, squat, and get up from a squat without difficulty.
Id. at 38. Dr. Paracha concluded that Trogdon's
examination was positive for bilateral bunions, knee
crepitus, and lumbar spinal pain, and that Trogdon would
benefit from an evaluation by a podiatrist. Id. at
November 30, 2012, Wayne E. Hoye, Ph.D., HSPP (“Dr.
Hoye”), saw Trogdon for a consultative psychiatric
examination. (Filing No. 13-7 at 40.) Trogdon
reported that he had disabilities due to bipolar disorder,
constant back pain, problems bending over, shoulder pain,
bunions, and that he could not carry over five pounds.
Id. He also reported seeing psychiatrists at Horizon
House and Midtown Community Mental Health Center
(“Midtown”). Id. at 41. At that time,
Trogdon was homeless and reported a long history of
significant psychosocial stressors, but that his mood had
improved recently as he had experienced an increase in social
support. Id. at 43. Dr. Hoye noted that
Trogdon's performance on the cognitive portion of the
mental status examination suggested intact performance on
measures of concentration and relatively strong performance
on verbal memory. Id.
has a history of treatment at Midtown where he was diagnosed
with major depressive disorder recurrent moderate, PTSD,
nicotine dependence, alcohol abuse, and cannabis abuse.
Id. at 68. Midtown reported that Trogdon's
mental health greatly affected his ability to function and
relate to others in a positive manner and that his current
treatment plan included talk therapy, medication, and case
management services. Id. at 50.
March 18, 2013, Trogdon was evaluated by Golda James, M.D.
(“Dr. James”), at Wishard Hospital's
Rheumatology Clinic. (Filing No. 13-8 at 10.)
Trogdon reported bilateral knee and shoulder pain.
Id. Dr. James noted that the MRI of Trogdon's
knees and the x-rays of his knees and shoulders were all
negative. Id. Dr. James noted that Trogdon's
physical examination revealed the following: full range of
motion in the hips and bilateral knees, no swelling noted in
the knees or ankles bilaterally, moderate bunion formation on
first metatarsals bilaterally, and six tender points noted on
examination day. Id. at 11.
February 2014 hearing, Trogdon testified that he has good
days and bad days. On good days he can sit for an hour at one
time and on bad days only thirty minutes; on good days he can
stand for forty-five minutes at one time, and on bad days
twenty minutes; on good days he can walk three or four blocks