Opinion
CIVIL CASE NO. 2:09cv031.
March 16, 2010
ORDER
THIS MATTER is before the Court sua sponte upon the Court's review of the Plaintiff's Motion for Summary Judgment [Doc. 8] and the Defendant's Motion for Summary Judgment [Doc. 11].
The Court notes that the Appeals Council received and made part of the record Exhibit AC-1, consisting of a letter from Plaintiff dated 2/18/09 and a CD. That action is found at page 4 of the administrative transcript of this matter. The Court's copy of the administrative transcript does not contain a CD. From review of the letter, the Court infers that the CD may contain "a copy of an x-ray that was taken in 2001" by Dr. Rebecca Perry. It is not clear whether that phrase refers to a radiologist's interpretive report of such x-ray, or the actual radiographic image. The Court could consider the former, but not the latter. From a review of Defendant's brief, it appears that the material from the CD is present in the administrative transcript of this matter at pages 296-297. The Court's copy of the administrative transcript ends with page 295; from this it appears that the Court's copy of the administrative transcript lacks at least two of the pages present in the Defendant's copy.
IT IS, THEREFORE, ORDERED that the parties shall respond within 10 days of the entry of this Order, indicating whether the material from the CD that was part of the Appeals Council's Exhibit AC-1 is necessary and appropriate for the Court's consideration in this judicial review; and if the material is available, provide it to the Court as an exhibit to their responses. Defendant is instructed to clarify the full length of the administrative transcript, and ensure that Plaintiff and the Court have full, certified copies of said transcript that conform to Defendant's copy. Plaintiff is instructed that her response shall be in writing only, submitted through the Clerk, and not accompanied by any contact directed to the undersigned.
IT IS FURTHERED ORDERED that the Clerk is instructed to enclose a copy of pages 4 and 5 of the administrative transcript in its transmission of this Order to the Plaintiff, who acts pro se in this matter.
IT IS SO ORDERED.
Social Security Administration OFFICE OF DISABILITY ADJUDICATION AND REVIEW ORDER OF APPEALS COUNCIL
IN THE CASE OF CLAIM FOR Lea Anne Rhyne 395-74-0531 ______________________________ (Claimant) ______________________________ (Wage Earner) (Social Security Number) The Appeals Council has received additional evidence which it is making part of the record. That evidence consists of the following exhibits: Exhibit AC-1 Letter from the claimant dated 2/18/09 and a CD. Date: APR — 3 2009Dear Review Board;
Please find attached a copy of an x-ray that was taken in 2001. This x-ray was taken due to chest congestion. The physician, Dr. Rebecca Perry, asked me at the time if I knew that my back was in such condition. This confirms my scoliosis which in the letter of denial was referred to as alleged. Dr. Teresa Heavner mentioned that backs can curve due to spasms and that they look like they have scoliosis. This x-ray was not taken to diagnose back pain, it was taken due to chest congestion.
This evidence was supposed to be sent with my records before the hearing with Judge Spidel but since I was not allowed to assess the evidence prior to the hearing. I didn't know it was not available to His Honor.
Since this started, I have felt that my integrity has been challenged. I want to repeal what I said in my appeal letter. I do not lie. My representative is my husband, Pastor Vance Rhyne, and he does not lie. I am not able to work. I have numerous maladies that prohibit me from working. I know that it is people like me that Social Security Disability was created for. To rundown the list, it is as follows
1. Scoliosis — I can not lift over 5 lbs with out pain. The pain takes my breath away. I have constant pain in my chest where my ribs are out of alignment due to the curve in my spine. My lower back (which does not show in the x-ray) is also curved and causes me pain sitting and standing.
2. Arthritis — Without the money to go to the doctor for diagnosis. I can only go by the sound and pain in my joints. My neck, hands, hips, knees, and feet. The movement in my neck is hindered due to the fact that it is straight instead of curved. The pain in my hips, knees and feet do not allow me to sit for long or stand for long or walk for long. A doctor once told me that the pain in my chest was arthritis in my breast bone where the ribs attach
3. Diabetes, Hypertension, High Cholesterol — I am being treated for the diabetes but I don't have the money for test strips to know how it is doing. I have been diagnosed with high blood pressure and high cholesterol but can not afford to see a doctor for further treatment.
4. The latest problem I have had is dizziness and nausea. Sunday evening I became so dizzy that I vomited. Since then I have been light headed and nauseous. I can not go to a doctor because I have no money to pay. I don't know if it is the diabetes, hypertension, or what
With the new problems and all the existing problems you must see that I need to be approved for my disability. I know that God has His hand on this and that He also is waiting on your decision to be able to help me through a physician. We need to have a decision as soon as possible because I need to get to a doctor for this dizziness. I am praying that I get the help I need before something irreversible happens to my health.
Thank you,