Back v. Barnhart

63 F. App'x 254
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 11, 2003
DocketNo. 02-3486
StatusPublished
Cited by12 cases

This text of 63 F. App'x 254 (Back v. Barnhart) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Back v. Barnhart, 63 F. App'x 254 (7th Cir. 2003).

Opinion

ORDER

Gary Back appeals the district court’s judgment affirming the Commissioner’s decision to deny him disability insurance benefits. Following a hearing, an ALJ concluded that Back was not disabled for purposes of the Social Security Act because he did not suffer from a severe impairment (step two of the five-step inquiry). 20 C.F.R. § 404.1520(c). The district court concluded that substantial evidence supported the ALJ’s decision, and we affirm.

Background

In October 1998 Back applied for disability benefits for a period beginning in May 1997, coinciding with his being laid off from his job as an order filler in a warehouse (a job he held since 1972). He was 50 years old at the beginning of his alleged disability period. Following his onset date, Back worked part-time folding and packing clothes (from June through September 1998). At the time of his administrative hearing, he had been delivering newspapers one day per week.

Back alleged three types of disability. First, he alleged that pain in his right shoulder and neck prevented him from lifting his right arm over his head, extending it, or lifting objects. This condition relates to an automobile accident he suf[256]*256fered in 1994. Second, he alleged cognitive limitations with memory and concentration relating to depression and grief he suffered after his wife’s death in 1991. He received counseling briefly in 1992 for this depression. Third, he alleged difficulty hearing. In addition to these disabilities, he alleged additional symptoms including arthritis, high blood pressure, nerves, and gastrointestinal problems, but he did not allege limitations based on these symptoms.

After Back’s initial request for benefits was denied, he requested a hearing, and one was held before an ALJ in September 1999. Back testified and iterated his limitations and symptoms pertaining to pain in his right shoulder and neck, and he explained that he had problems retaining information. He also discussed his daily activities such as cooking, cleaning, lifting, and laundry and his work delivering newspapers. The other relevant evidence in the record before the ALJ was the following:

X-Ray Reports: X-rays taken of Back’s right shoulder and spine did not reveal any fractures or traumatic injury, but they did note some spinal abnormalities. An x-ray report from January 1995 for his right shoulder (following his automobile accident) noted “mild chronic changes of AC joints laterally in otherwise negative left shoulder.” A report at that time for his spine noted no fractures, no traumatic injury, and normal vertebrae alignment, but also noted “cervical spondylosis with slight disc space narrowing.” A report from October 1998 (following a second accident) noted that his right shoulder was “normal” with “no acute fracture or dislocation” and “no traumatic changes.” A report for his spine from that time noted no fracture and normal alignment, but also noted “lower cervical spondylosis” as well as “moderate disc space narrowing” and “some moderate degenerative disc disease.”

Dr. Beardsley: Back’s treating physician, Dr. Beardsley, filled out reports describing Back’s physical condition following two separate examinations, one in November 1998 and one in January 1999. These examinations took place in connection with Back’s claim for disability benefits. In the first report, Dr. Beardsley noted no muscle weakness or atrophy; no sensory or reflex abnormalities; no loss of major function of extremities; no loss of grip strength; no problem with ambulation; and full range of motion of Back’s cervical and lumbar spine. Dr. Beardsley also noted, however, that Back had difficulty writing and lifting his arm over his head, and that he lacked 30 degrees of full extension of his shoulder. Finally, Dr. Beardsley noted that Back’s hearing was generally normal though he had some difficulty hearing in crowded rooms. The second report contains the same findings as the first except it does not list any limitations on range of shoulder motion and stated that Dr. Beardsley did not notice any abnormality with Back’s ability to perform fine motor skills (one of the examples listed is writing).

Dr. Barrow: In December 1998 a psychologist, Dr. Barrow, performed a consultative examination of Back for his disability claim. Dr. Barrow concluded that Back did not appear to have “symptoms consistent with an affective disorder” and “his symptoms of depression do not appear to be severe enough to warrant an adjustment disorder.” Dr. Barrow also noted that Back’s memory was “relatively adequate,” but he noted that Back’s concentration appeared to be “significantly impaired as reflected in his computational ability and ability to sustain his concentration when sequencing information,” and that his “depressive feelings ... have an [257]*257affect (sic) on his concentration which will no doubt slow his approach to specific tasks.” Next, he noted that Back reported writing every day, including short stories and novels. Finally, he noted that Back’s “comprehension, as well as capacity for abstraction and formal judgement appear to be fully intact with his fund of general information appearing to be fully adequate as well.”

Dr. Shipley and Dr. Lavallo: A state psychologist, Dr. Shipley, and a state physician, Dr. Lavallo, each submitted reports on Back’s conditions. Neither examined Back. Dr. Shipley, relying primarily on Dr. Barrow’s report, concluded that Back did not have a severe mental impairment. Dr. Lavallo, relying primarily on Dr. Beardsley’s reports and his own conclusion that Back’s symptom reports were credible, concluded that Back could perform work consistent with “fight” work, such as lifting twenty pounds occasionally and ten pounds frequently. Two other state agency doctors later reviewed and agreed with these reports.

Dr. Rumble: Following the ALJ hearing, Back supplemented the record by submitting a “Mental Residual Functional Capacity Assessment” and “Neuropsycho-logical Testing Report” from Dr. Rumble, a psychologist who examined Back in November 1999. First, in a number of categories pertaining to memory and concentration, Dr. Rumble concluded that Back was “not significantly limited”; but in two categories pertaining to understanding, remembering, and carrying out detailed instructions, he concluded that Back was “moderately limited.” Dr. Rumble noted that Back “appeared to be somatically focused and is suspected of over-describing symptom severity because of this somatic preoccupation and self-perception that he is physically and cognitively impaired.” He concluded that Back manifested symptoms consistent with depressive, anxiety, and personality disorders. And he recommended that Back consider taking antidepressant medication and that he employ “coping strategies” to help with concentration during his delivery job, such as using a counter or writing down numbers more frequently.

After first concluding that Back did not engage in substantial gainful activity during the claimed disability period (step one), the ALJ concluded that Back did not have a severe impairment (step two). In reaching this conclusion, the ALJ found that Back did not have a medically determinable physical or mental impairment or combination of impairments that would significantly limit his ability to perform basic work activities.

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Bluebook (online)
63 F. App'x 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/back-v-barnhart-ca7-2003.