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Disabilities: Arthritis, Diabetes, and Hypertension
Report & Recommendation on Plaintiff's Motion for Summary Judgement
Federal Magistrate Judge: Frank J. Lynch, Jr.
United States District Court: Eleventh Circut, Southern District of Florida
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8. In June 2006 the Commissioner sent the Plaintiff to Dr. Almahameed for a consultative examination. The Plaintiff complained of an eight year history of back pain with left lower extremity radiculopathy following a car accident; a history of migratory arthritis, especially in his left knee and ankle but occasionally also in his right knee and wrist; and a seven year history of diabetes with related abnormal kidney function and a burning sensation in both feet. The Plaintiff described a substantially restricted functional ability. He stated that he can stand five minutes at a time for two hours total, walk one mile, sit 30 minutes, lift up to 20 lbs., drive 30 minutes, and cook and wash dishes. He cannot sweep, mop, vacuum, shop, climb stairs, or mow the grass.
9. Upon physical examination the Plaintiff's left knee and ankle were tender with mild swelling, but he retained full ranges of motion. He had a positive straight leg raise but no other pain indicators. He could not walk on his toes or squat, but otherwise his gait was normal. He moved about the examination room without difficulty, including on and off the examination table.
10. A non-examining DDS medical advisor rated the Plaintiff's residual functional capacity ("RFC") in October 2006. The advisor rated the Plaintiff capable of light exertional work subject to occasional postural limitations.
11. The Plaintiff's hypertension and diabetes remained poorly controlled, and treatment notes such as the clinic's October 2006 note suggest continued non-compliance with medication. In January 2007 the Plaintiff's doctor advised him to go to the hospital due to a high fever and severely high blood sugar. (Of note, at the hospital the Plaintiff denied any body pains; the physical examination was normal; and he stated that he works as a mechanic for six hours a day.) The Plaintiff was diagnosed with uncontrolled diabetes and hyperglycemia, low blood sodium, and alcohol-related poor liver function with fatty infiltration. No cause for his fever could be ascertained, although some viral infection was suspected. The diabetes medication and insulin stabilized the Plaintiff's condition, and he was released a few days later feeling better.
12. He returned to the hospital that March with the onset of hemorrhoids. It also was noted that he had not been taking his blood pressure medication.
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