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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

TERESA F. MYLES, :

 :

Plaintiff, :

 :

vs. :

 : CIVIL ACTION 14-0293-M

CAROLYN W. COLVIN, :

Social Security Commissioner, :

 :

Defendant. :

MEMORANDUM OPINION AND ORDER

In this action under 42 U.S.C. § 405(g) and 1383(c)(3), 

Plaintiff seeks judicial review of an adverse social security 

ruling which denied claims for disability insurance benefits and 

Supplemental Security Income (hereinafter SSI) (Docs. 1, 12). 

The parties filed written consent and this action has been 

referred to the undersigned Magistrate Judge to conduct all 

proceedings and order the entry of judgment in accordance with 

28 U.S.C. § 636(c) and Fed.R.Civ.P. 73 (see Doc. 16). Oral 

argument was waived in this action (Doc. 19). Upon 

consideration of the administrative record and the memoranda of 

the parties, it is ORDERED that the decision of the Commissioner 

be AFFIRMED and that this action be DISMISSED.

This Court is not free to reweigh the evidence or 

substitute its judgment for that of the Secretary of Health and 

Human Services, Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th

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Cir. 1983), which must be supported by substantial evidence. 

Richardson v. Perales, 402 U.S. 389, 401 (1971). The 

substantial evidence test requires “that the decision under 

review be supported by evidence sufficient to justify a 

reasoning mind in accepting it; it is more than a scintilla, but 

less than a preponderance.” Brady v. Heckler, 724 F.2d 914, 918 

(11th Cir. 1984), quoting Jones v. Schweiker, 551 F.Supp. 205 (D. 

Md. 1982).

At the time of the administrative hearing, Myles was fortyfive years old, had completed a high school education (Tr. 32), 

and had previous work as a nursery laborer, cashier/checker, 

packer, correctional officer, and construction worker (Tr. 52-

53). In claiming benefits, Plaintiff alleges disability due to 

peripheral neuropathy, fibromyalgia, headaches, anxiety, 

depression, and hypertension (Doc. 12 Fact Sheet).

Myles filed applications for disability benefits and SSI on 

July 11, 2011 and October 20, 2011, respectively (see Tr. 12; 

see also Tr. 131-34, 149-57). Benefits were denied following a 

hearing by an Administrative Law Judge (ALJ) who determined that 

although she could not return to her past relevant work, Myles 

was capable of performing specified light work jobs (Tr. 12-24). 

Plaintiff requested review of the hearing decision (Tr. 7-8) by 

the Appeals Council, but it was denied (Tr. 1-4).

Plaintiff claims that the opinion of the ALJ is not 

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supported by substantial evidence. Specifically, Myles alleges 

the single claim that the ALJ did not properly evaluate the 

conclusions of her treating physician (Doc. 12). Defendant has 

responded to—and denies—this claim (Doc. 13). A summary of the 

relevant record medical evidence follows.1

On December 10, 2010, x-rays of the lumbar spine revealed 

minimal degenerative spurring in the lower lumbar region (Tr. 

420). On December 28, Plaintiff underwent an MRI of the lumbar 

spine that was negative (Tr. 293; see generally Tr. 283-96). 

On March 4, 2011, Dr. Jeffrey D. Faggard, with the IMC 

Diagnostic & Medical Clinic, examined Myles for complaints of 

joint pain, worse in her hands, knees, feet, and hips (Tr. 291-

92). Plaintiff reported that Lyrica2 helped some; she also took 

Tramadol.3 The Doctor noted that she was in no acute distress 

and had full range of motion (hereinafter ROM) in her neck 

shoulders, elbows, wrists, fingers, hips, knees, ankles, and 

feet, though there was diffuse tenderness to palpation and ROM; 

																																																							 1Myles asserts a disability date of July 6, 2011 (Tr. 133; cf.

Tr. 12); she points to medical records dating as early as December 28, 

2010 to support her disability claim (Doc. 12 Fact Sheet). As such, 

the Court will review little evidence pre-dating this latter date and 

will review only that evidence directly relating to her claim herein.

2Lyrica is used for the management of neuropathic pain. Error!	

Main	Document	Only.Physician's Desk Reference 2517 (62nd ed. 2008).

3Tramadol “is indicated for the management of moderate to 

moderately severe chronic pain in adults who require around-the-clock 

treatment of their pain for an extended period of time.” Physician's 

Desk Reference 2520 (66th ed. 2012).

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Faggard continued prescriptions for Savella4 and Ultram5 and 

added Robaxin.6 On April 5, 2011, the Doctor noted that Myles 

was doing better and was walking without a cane; Faggard noted 

full ROM throughout with no tenderness (Tr. 290). The diagnosis 

was Fibromyalgia, apparently stable, and mild osteoarthritis. 

On July 7, Plaintiff complained of severe pain all over, 

especially in her legs, and stated that her medicine was not 

helping; she never started the Robaxin (Tr. 288-89). The Doctor 

noted full ROM throughout, though there was diffuse tenderness 

with ROM; Faggard set her up for physical therapy treatment. 

Myles underwent five sessions of physical therapy from July 

12 through August 8, 2011 at Encore Rehabilitation, Inc. for 

complaints of low back pain (nine on a ten-point scale) with 

radicular symptoms, marked stiffness, weakness, and loss of 

motion and function (Tr. 242-59). On the first visit, the 

Therapist, Lundy Foose, noted moderate restrictions on both the 

left and right, finding the following ROM measurements: lumbar 

flexion was 50%, lumbar extension was 75%, and side-bending and 

rotation was 25%; she noted, however, that “functional ROM was 

																																																							 4Savella is used in the treatment of fibromyalgia. See 

http://www.drugs.com/savella.html

5Ultram is an analgesic “indicated for the management of moderate 

to moderately severe pain.” Physician's Desk Reference 2218 (54th ed. 

2000). 

6Robaxin “is indicated as an adjunct to rest, physical therapy, 

and other measures for the relief of discomforts associated with 

acute, painful musculoskeletal conditions.” Physician's Desk 

Reference 2428 (52nd ed. 1998). 

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observed to be [within normal limits] while pt was sitting, 

standing, transitioning on the plinth from supine to sitting and 

while donning shoes” (Tr. 243). The Therapist also noted that 

Myles exaggerated her complaints of pain (Tr. 244). On the 

second session, July 15, 2011, Foose noted the following: “Pt 

was observed to be able to bend completely forward at the waist

to pick an object off of the floor without difficulty. However, 

when asked to perform AROM of flexion and extension pt selflimits both” (Tr. 250). On July 25, Plaintiff reported that her 

pain had decreased to six following the session (Tr. 252). On 

August 5, Myles reported that she felt great after her last 

session and that therapy was helping (Tr. 255). On August 8, 

Plaintiff stated that although she was not having a good day, 

her pain was only five (Tr. 253). 

On September 15, Dr. Mark Wiles, with Internal Medicine 

Center, found Myles in no apparent distress; he noted that there 

were no motion limitations throughout (Tr. 375-76). 

On October 6, Dr. Faggard examined Myles for increased pain 

in her left shoulder, radiating into the arm; Tylenol helped

(Tr. 283-85). The Doctor noted full ROM throughout; there was 

no pain in the back with forward flexion, lateral bending, and 

extension. An x-ray of the left shoulder was negative.

On November 20, Plaintiff went to the Springhill Medical 

Center Emergency Room after a fainting spell in which she hit 

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her head; she complained of a throbbing headache and right 

shoulder and back tenderness (Tr. 307-13). A CT of the head was 

normal. On examination, Myles had right dorsal shoulder and 

paravertebral muscle tenderness though she had full passive ROM. 

The final diagnostic impression was syncope and scalp abrasion, 

likely triggered by a medication reaction.

On October 28, 2011, Plaintiff was seen at Mostellar 

Medical Center to establish medical care; she had had a headache 

for two weeks and increased pain for the previous couple of days

(Tr. 332-33; see generally Tr. 314-33). The physical 

examination was normal. On December 9, Myles was treated for 

pharyngitis (Tr. 325-26). On April 16, 2012, Plaintiff 

presented for feet, leg, and back pain; Dr. Elmore Alexander, 

D.O., diagnosed depression, among other things, and recommended 

a gluten-free and carbohydrate adjusted diet (Tr. 321-22). 

On May 15, 2012, Dr. Wiles examined Plaintiff for 

fibromyalgia; the current episode had begun a month earlier and 

gotten worse (Tr. 302-05). Plaintiff reported that bed rest, 

NSAID’s, Lyrica, and Savella helped. Wiles noted normal ROM 

throughout except in the left shoulder and left and right upper 

arm with tenderness in both sets of shoulders, hips, and upper 

arms as well as her lumbar back. On June 29, 2012, Dr. Faggard, 

following a phone call from Myles about her pain, called in a 

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prescription for Tylenol #37 (Tr. 300).

On July 17, 2012, Myles was seen by Dr. Faggard for 

complaints of pain all over, staring a month earlier and getting 

worse (Tr. 372-74). On examination, the Doctor found tenderness 

in the right and left shoulder, right and left hip, right and 

left knee, and both arms; he found ROM to be full throughout. 

Faggard continued her medications and told her to return in six 

months. On that same date, Faggard completed a Pain Form in 

which he indicated that he had been treating Myles for sixteen 

months for fibromyalgia (Tr. 334-35). The Doctor stated that 

Plaintiff had pain that would distract her from performing her 

daily activities, that physical activity would greatly increase 

her pain, causing distraction from—or total abandonment of—her 

task, and that either the pain, or the medications she took for 

it, would limit her ability to work. Faggard restricted Myles 

from bending, squatting, and climbing; he further indicated that 

Plaintiff could not engage in regular, productive work as she 

would miss more than two days per month because of her 

impairment. This concludes the relevant evidence of record.

Myles alleges the single claim that the ALJ did not 

properly evaluate the conclusions of her treating physician, Dr. 

Faggard (Doc. 12). It should be noted that "although the 

																																																							 7Error!	Main	Document	Only.Tylenol with codeine is used “for the 

relief of mild to moderately severe pain.” Physician's Desk Reference

2061-62 (52nd ed. 1998). 

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opinion of an examining physician is generally entitled to more 

weight than the opinion of a non-examining physician, the ALJ is 

free to reject the opinion of any physician when the evidence 

supports a contrary conclusion." Oldham v. Schweiker, 660 F.2d 

1078, 1084 (5th Cir. 1981);8 see also 20 C.F.R. § 404.1527 

(2014).

In the determination, the ALJ summarized the medical 

evidence and then explained what weight the evidence was given. 

No weight was given to the pain form completed by Dr. Faggard as 

it was inconsistent with his own treatment records; the ALJ 

specifically pointed out that his own records demonstrated no 

joint swelling and normal ROM findings in the May and July 2012 

notes (Tr. 21). The ALJ further pointed out that Myles had 

indicated to her doctors that her medications helped with her 

fibromyalgia pain and that she had never reported back to 

Faggard in advance of her scheduled appointments because of her 

pain (Tr. 21). The ALJ noted that the Physical Therapist’s 

records were inconsistent with Dr. Faggard’s limitations. 

Finally, the ALJ pointed out that the Doctor did not “identify 

specifically the tender or trigger points as referenced in SSR 

12-2P” (Tr. 19). 

																																																							

					 8The Eleventh Circuit, in the en banc decision Bonner v. City of 

Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981), adopted as precedent 

decisions of the former Fifth Circuit rendered prior to October 1, 

1981.

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The Court finds substantial support for the ALJ’s rejection 

of Dr. Faggard’s opinions in his Pain Form. It is of no moment 

that the Doctor is a specialist as his opinions are unsupported 

in his own medical records, much less the record as a whole. 

While the Court is sympathetic to Myles’s argument that she did 

not see her physician more often or get more physical therapy 

treatment because of her poor finances, the objective medical 

evidence does not support Dr. Faggard’s conclusions. The only 

evidence providing support for those conclusions is Plaintiff’s 

own testimony; however, the ALJ rejected the credibility of that 

testimony as unsupported by the evidence (Tr. 18, 19), a finding 

unchallenged in this action. Myles’s claim is without merit.

Plaintiff has raised a single claim in this action. It is 

without merit. Upon consideration of the entire record, the 

Court finds "such relevant evidence as a reasonable mind might 

accept as adequate to support a conclusion." Perales, 402 U.S. 

at 401. Therefore, it is ORDERED that the Secretary's decision 

be AFFIRMED, see Fortenberry v. Harris, 612 F.2d 947, 950 (5th 

Cir. 1980), and that this action be DISMISSED. Judgment will be 

entered by separate Order.

DONE this 2nd day of February, 2015.

s/BERT W. MILLING, JR. 

UNITED STATES MAGISTRATE JUDGE

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