Barbara A. CARNES, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health & Human Services, Defendant-Appellee

936 F.2d 1215, 1991 U.S. App. LEXIS 16133, 1991 WL 123893
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 26, 1991
Docket90-7487
StatusPublished
Cited by322 cases

This text of 936 F.2d 1215 (Barbara A. CARNES, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health & Human Services, Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barbara A. CARNES, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health & Human Services, Defendant-Appellee, 936 F.2d 1215, 1991 U.S. App. LEXIS 16133, 1991 WL 123893 (11th Cir. 1991).

Opinion

MORGAN, Senior Circuit Judge:

FACTS

Appellant Barbara Carnes filed her application for disability insurance benefits and supplemental security income in February, 1988. Her application was denied both initially and upon reconsideration. Carnes then requested a hearing before an Administrative Law Judge (“AU”), and a hearing was held in May, 1989. The AU denied the claimant’s application, and that decision became the final decision of the Secretary in November, 1989, when the Appeals Council denied review.

*1217 Appellant then petitioned for review in the Northern District of Alabama. The district court affirmed the decision of the Secretary, and Carnes appealed to this Court.

At 5 feet, 8V2 inches tall and weighing approximately 300 pounds, Carnes suffers from severe obesity. A thyroidectomy was performed on her in January, 1978. Carnes, formerly a licensed practical nurse, has not been employed since 1979.

Carnes argues that she is disabled under Listing 10.10(A) and (C) of 20 C.F.R. Part 404, Subpart P, Appendix 1 (1990). Listing 10.10 outlines the requirements for a finding of disability due to obesity. The listing requires not only that a weight limitation be met, but also that the claimant show that she has one of five additional listed impairments.

Carnes contends that she meets the requirements of 10.10(A), requiring a “[history of pain and limitation of motion in any weight bearing joint or spine (on physical examination) associated with X-ray evidence of arthritis in a weight bearing joint or spine.” Carnes also contends that she meets the requirements of 10.10(C), requiring a “[hjistory of congestive heart failure manifested by past evidence of vascular congestion such as hepatomegaly, peripheral or pulmonary edema.” While it is undisputed that Carnes meets the weight requirement of Listing 10.10, the ALT found that Carnes could not offer medical evidence supporting claims under either 10.10(A) or (C).

Carnes has complained of joint pain since at least 1979. She was examined by Dr. Aaron Weisberg, in April, 1980. He found that Carnes suffered no limitation of movement and that X-rays revealed no arthritic changes in her joints. Carnes was, however, experiencing muscle spasms in her right trapezius muscle. Carnes was judged not to be disabled at that time.

In June, 1980, Carnes was examined by Dr. Louis R. Ricca, who felt that her joint pain was related to her obesity. Although at first unsure whether Carnes was disabled, in August, Dr. Ricca concluded that she was not disabled under the Listings. In March, 1981, Carnes saw Dr. J.J. Humpf, who noted that no extensive arthritis work-up had ever been done on Carnes. Humpf further noted that Carnes could not take anti-arthritis drugs because of her severe anemia. Humpf, though noting the “paucity of physical findings,” concluded after examination that Carnes was unable to walk at times, and could not sit for extended periods. He felt there were few jobs at which Carnes could satisfactorily perform.

In December, 1982, minimal degenerative changes of the right knee arid spine were revealed on X-rays when Carnes consulted Dr. Ronald Hanson. Limitation of motion in her right knee was also noted.

During the following years, Carnes complained of severe joint pains to a variety of treating physicians. Carnes underwent psychiatric evaluation and treatment and was diagnosed as suffering from post-traumatic stress disorder or an anxiety-related disorder. Carnes also began to complain of chest pain regularly. In October, 1986, she was felt to suffer from exertional angina, controllable by medication. (The name of the examining physician does not appear in the record.) In July, 1988, an abnormal EKG led Dr. Leonard Hays to suggest that decreased left ventricle compliance of undetermined etiology was possibly responsible for the chest pain reported by Carnes.

Also in July, 1988, Carnes was examined by Dr. C.M. DaCosta, an orthopedic surgeon. DaCosta noted that Carnes “certainly cannot move at all, in any plane of her back, hips, or knees.” He gave a diagnosis of degenerative arthritis and polyarthral-gia. Carnes was examined in August, 1988 by Dr. Pascual Herrera. His diagnosis was bilateral pedal edema, possibly secondary to congestive heart failure, and degenerative joint disease. In September of that year, X-rays taken by Dr. David Azar showed osteoarthritic changes in the right hip, though they were minimal.

Despite the ailments revealed by this medical record, in September, 1988, Dr. Bertram Wiesel performed a Residual Functional Capacity Assessment and found that Carnes was capable of standing, walk *1218 ing, or sitting up to six hours per day, that her strength was “limited,” yet she could lift twenty-five to fifty pounds, but that she had limited use of her right foot. Wiesel concluded that the limitation of motion Carnes suffered was due primarily to her obesity and felt that her X-rays were not “definitive.”

At the administrative hearing, Carnes testified that she had been unable to work since 1979, when she resigned from her job as a LPN. She had tried to continue on a part-time basis, but a day’s work left her bedridden for days after. She testified that any exertion leaves her short of breath. Her joint pain interferes with her sleep. Although she does household chores, her stamina is poor. She cannot wash a full sink of dishes without resting. She cannot make up a bed without resting. She cannot make up more than one bed a day. She takes bedrest in the middle of the day. She is physically uncomfortable throughout her day. She has chest pains upon exertion and chronic phlebitis in her right leg.

Fain Guthrie, a vocational expert, testified as to sedentary jobs that might allow Carnes to make use of her experience as a nurse. He also testified that, if Carnes had physical problems to the degree of severity that she described in her testimony, she would be unable to perform even sedentary work.

In his decision, the AU acknowledged that Carnes has a history of complaints of pain in her hips, back, shoulder and right knee, and of limitation of motion in her legs and neck. Based on X-rays and the reports of examining physicians, however, the AU found that Carnes had “minimal degenerative joint changes with no significant restriction of movement of any weight-bearing joint.” Further, the AU found that the medical evidence was insufficient to support a diagnosis of congestive heart failure. The AU concluded that claimant’s activities were limited only by her massive obesity.

The AU also found that claimant’s allegations of severe pain were not credible. The AU found no objective cardiac or arthritic condition that could be expected to produce more than minimal pain. The AU thus found that Carnes did not meet the requirements of Listing 10.10(A) or (C). Finally, the AU judged Carnes to be capable of sedentary work and therefore not entitled to any benefits.

The principal issue before this Court is whether the AU applied an incorrect legal standard by requiring evidence of more than minimal arthritis and pain, as well as significant limitation of motion to support a finding of disability under Listing 10.10(A).

DISCUSSION

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936 F.2d 1215, 1991 U.S. App. LEXIS 16133, 1991 WL 123893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barbara-a-carnes-plaintiff-appellant-v-louis-w-sullivan-secretary-of-ca11-1991.