Galm v. Eaton Corporation - Northern District of Iowa

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Record at 001637. record that: [T]here is no objective evidence of a neurologic or orthopedic functional impairment based on disease of the cervical, thoracic or lumbosacral spine which would preclude the claimant from performing “any occupation.” There is no demonstrable evidence by examination or by functional capacity evaluation that the claimant has significantly restricted endurance for sitting, standing and/or walking, despite her complaints to the contrary. Also, there is no demonstrable evidence of significant functional impairment with respect to cognition, speech, or use of upper extremities. Dr. Glassman, a psychiatrist, concluded from his review of the administrative Record at 001642. The medical record does not support a psychiatric illness of an incapacitating nature. The claimant has not been under formal psychiatric or psychological treatment for the diagnosis of depression. Evaluation performed in the Mayo Clinic, December 2000 made a diagnosis of major depressive disorder. The diagnosis itself does not note incapacity and there is no supporting documentation that describes functional impairments that would indicate incapacity. Dr. Burstein, a psychologist, reached a similar conclusion from his review of the documentation provided to him, that this documentation did not show evidence of a functional impairment which would preclude Galm from working: [T]he documentation provided for review does not show evidence of impairments in psychological functioning which would preclude Ms. Galm from performing work. As indicated, Ms. Galm has not sought out formal psychological or psychiatric treatment. While she did have a consultation with a psychiatrist and a psychologist, these consultations were part of a complete physical workup rather than as part of an 12
Record at 001359. intention to receive treatment for her depressive symptoms. The depression itself is typically described as being secondary to the effects of her chronic pain. The mental health providers at the Mayo Clinic, in December 2000, did believe her symptoms warranted a diagnosis of major depression but there were no reports of impairments in cognitive functioning or other symptoms that would preclude Ms. Galm from working, from a psychological perspective. Ms. Galm is estimated to have a GAF of 65, which suggests mild symptoms that are likely to be transient in nature and are unlikely to preclude an individual from being able to perform work. Dr. Mazal, an internal medicine specialist, concluded that his review of the documentation provided to him did not show evidence of a functional impairment which would preclude Galm from working. In his report, Dr. Mazal wrote: [T]he documentation provided for review does not show evidence of a functional impairment that would preclude work based upon the diagnosis of migraine syndrome and Fibromyalgia. Specifically, there is no objective evidence in the medical records for any significant impairment of the musculoskeletal system or the neurological system. Although it is well documented in the records that the claimant suffers from a decreased range of motion of the cervical and thoracic spine, there is no objective evidence of any significant impairment of reflexes or motor strength. Her gait is described as normal. Although the claimant does have migraine headaches which she claims are associated with nausea and vomiting, there is no objective evidence in the majority of emergency room or clinic visits to indicate that she was observed to be vomiting, nor is there any objective evidence of dehydration or a significant electrolyte abnormality to support the premise. It is unclear from these records whether or not the claimant has migraine syndrome alone, or is concomitantly experiencing rebound headaches complicated 13
Page 1 and 2: To Be Published: IN THE UNITED STAT
Page 3 and 4: 978, 984-986 (S.D. Iowa 2005), both
Page 5 and 6: in his decision: Record at 00026. T
Page 7 and 8: certified in physical medicine and
Page 9 and 10: year did not indicate any ongoing p
Page 11: the absence of significant sensory
Page 15 and 16: Record at 000197. Galm is not emplo
Page 17 and 18: 1. Deferential review Under the def
Page 19 and 20: c. The deferential review applicabl
Page 21 and 22: plan administrator, “something ak
Page 23 and 24: U.S. 1136 (2000)). This is particul
Page 25 and 26: determinations under the Plan. Reco
Page 27 and 28: Record at 001628. With all of the a
Page 29 and 30: Record at 001359. to the effects of
Page 31: IT IS SO ORDERED. DATED this 3rd da

Galm v. Eaton Corporation - Northern District of Iowa

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