Anthony v. Comm Social Security

266 F. App'x 451
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 22, 2008
Docket07-3344
StatusUnpublished
Cited by161 cases

This text of 266 F. App'x 451 (Anthony v. Comm Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anthony v. Comm Social Security, 266 F. App'x 451 (6th Cir. 2008).

Opinion

OPINION

RONALD LEE GILMAN, Circuit Judge.

Gary P. Anthony appeals the denial of his application for Disability Insurance Benefits (DIB) under the Social Security Act, 42 U.S.C. § 423. The administrative law judge (ALJ) concluded that Anthony was not disabled, and the district court affirmed. On appeal, Anthony argues that the ALJ erred in (1) determining that not all of his impairments were severe, (2) finding that none of his impairments met the criteria for the Social Security Administration’s (SSA’s) Listings of Impairments (the “Listings”), (3) failing to properly acknowledge and give sufficient deference to the opinion of his treating physician, (4) concluding that Anthony’s testimony, and the testimony of his witnesses, was not fully credible, and (5) finding that he was not disabled because he retained the residual functional capacity to perform a significant number of jobs in the national economy. For the reasons set forth below, we AFFIRM the judgment of the district court.

I. BACKGROUND

A. Vocational background, impairments, and medical treatment

Anthony was born in 1948 and received a high school education. He served overseas in the Marine Corps and then worked as a truck driver for most of his life. The last time that he held a job was in 1997.

Anthony was in a serious motorcycle accident in 1978 and was hospitalized for a year. After the accident, he began to experience seizures. Anthony currently complains of memory loss and blackouts, as well as pain in his hip, right leg, and left shoulder. An old fracture in his right leg causes his foot to pronate and creates a degree of instability when he walks on uneven ground. The injury also causes him problems with balance, standing for long periods of time, and climbing stairs. Finally, he has injured tendons in his left hand that prevent him from fully extending his fingers.

The medical evidence in the administrative record consists of the opinions and diagnoses of Anthony’s treating physician, Dr. Pecar, and a long list of other doctors and psychologists that includes three neu *454 rologists (Drs. Farbman, Kendjelic, and Van Cott), a consultative psychologist (Dr. Bousquet), and a state agency psychologist (Dr. Winter). Anthony has also received additional medical treatment through the Veterans Administration (VA) from Drs. Acharya, Dudley, Estevez, Gardener, Groff, Kahn, Parsons, and Patel.

The pertinent medical records show that Anthony had a grand mal seizure and at least two other seizures in 1997. He began receiving care at a VA hospital in December of 1997, and was diagnosed with a seizure disorder. A doctor prescribed Dilantin to control the seizures.

In 1999, Anthony reported to Dr. Kahn that he had not had a seizure for a year, but stated that he was experiencing memory problems. Later that same year, Anthony sought treatment from Dr. Parsons for an old fracture in his leg. X-rays show some degenerative changes, but no tissue abnormalities. Dr. Parsons, after noting that the condition did not “in any way compromise his ambulation,” prescribed shoe inserts. Anthony returned to the VA hospital two months later and complained again of foot trouble. Dr. Groff diagnosed Anthony -with malunion of his left tibia, but did not find any “non-union” at the fracture site.

In April of 2000, Anthony reported that he had not had a seizure in two years. A physical examination revealed no abnormalities. Notes from an appointment with Dr. Patel in December of 2000 state that Anthony had not had a seizure since 1997 and that his seizure disorder had been stable since 1998.

In early 2001, Anthony reported momentary spells of blackout and disorientation upon waking. An MRI revealed mild atrophy of the brain, but no abnormalities. Anthony reported memory confusion and signs of night seizures later that year. Dr. Van Cott recommended that Anthony stop driving. Anthony then underwent a neuropsychological evaluation with Dr. Kendjelic in November of 2001. Dr. Kendjelic found that Anthony’s intellect was in the low-average range, that his processing speed was borderline, and that he had difficulty performing more than one task at a time. The doctor also determined, however, that Anthony retained a strong ability to learn through repetitive tasks and could perform well on simple attentional tasks. After Anthony was diagnosed with a cognitive disorder and minor depression, Dr. Kendjelic recommended that Anthony participate in individual counseling and a memory skills group.

Following a neurological examination in January of 2002, Dr. Farbman noted that although Anthony continued to complain about “spells,” his EEG tests were normal. A physical examination also revealed no abnormalities. The doctor noted that it was “unclear” if Anthony was still having seizures, but determined that he should stay on Dilantin because his seizure disorder appeared to be well-controlled with the medicine.

A consultative psychological exam was conducted by Dr. Bousquet, a licensed psychologist, in January of 2003. Anthony reported having seizures in 1997 and 1998, but stated that he had not had one in a “good while.” He did, however, report dizziness, bouts of anxiety, and forgetfulness. Dr. Bousquet determined that Anthony could process information well if given additional time, and noted that his expression of emotion, insight, reasoning, and judgment were all appropriate. Anthony’s full scale IQ was assessed at 75. The doctor diagnosed Anthony with borderline intellectual functioning, but found that his other mental impairments were mild.

*455 In March of 2003, a state agency psychologist, Dr. Winter, reviewed the medical evidence in the record and rated Anthony’s functioning in 18 different mental areas. Dr. Winter concluded that Anthony was not significantly limited in 12 areas, but that he was “moderately limited” in his ability to respond to changes in the work setting and to complete a normal workday without interruption, and that he was “markedly limited” in his ability to understand, remember, and carry out detailed instructions. The doctor concluded that Anthony’s working memory for new information was good and that he could understand and remember simple instructions.

Additional VA hospital records were considered by the SSA Appeals Council and the district court. The records showed that in 2003 Anthony saw numerous doctors and reported that he had not had a seizure since 1997. After a neurological examination of Anthony, Dr. Dudley concluded in June of 2003 that Anthony’s processing and motor speed had declined, but that his insight and judgment for everyday activities was adequate. Dr. Dudley confirmed that Anthony had a cognitive disorder and was depressed, and recommended that Anthony attend supportive counseling. Other doctors who saw Anthony during 2003 noted that he had problems with his tandem gait, but generally concluded that his condition was stable and satisfactory. In February of 2003, Anthony reported that he had fallen down a few steps and injured himself, that he experienced “daydreams” every two months, and had a “funny feeling” that made him confused every six months. He also reported migraine headaches.

Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
266 F. App'x 451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-v-comm-social-security-ca6-2008.