Bonnie Giles v. Michael Astrue, Commissioner

433 F. App'x 241
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 18, 2011
Docket10-31006
StatusUnpublished
Cited by47 cases

This text of 433 F. App'x 241 (Bonnie Giles v. Michael Astrue, Commissioner) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bonnie Giles v. Michael Astrue, Commissioner, 433 F. App'x 241 (5th Cir. 2011).

Opinion

PER CURIAM: *

For well over a decade, Plaintiff Bonnie Giles has been seeking disability insurance benefits under Title II of the Social Security Act. Giles asserts she became disabled on February 7, 1992, resulting from the onset of multiple impairments including scoliosis, temporal lobe epilepsy, headaches, Graves disease, depression, fibromyalgia, diabetes, and a later onset of cardiac disease. Giles first filed for disability benefits in 1996 and her claim has since been heard by four administrative law judges (“ALJs”). All four denied benefits. The first three decisions were remanded by the Social Security Appeals Council or by the federal district court. The district court affirmed the most recent ALJ decision and Giles timely appealed. For the reasons stated below, we AFFIRM.

I. Factual Background

Giles was born in 1950 and has a high school education. She worked for Mobil Oil in Dallas from 1977 until the alleged onset of her disability in February 1992. During her time at Mobil, she was promoted several times, eventually becoming a computer analyst, which she did for about a year until she became sick. Giles claims she was terminated for missing too much work, a problem caused by her illness. After being terminated, Giles moved to her *243 hometown in Louisiana to be closer to family.

Although Giles states her disability began in February 1992, the medical records provide limited insight into the treatment she received before 1996, showing only that she was seen by a psychiatrist for a few months and an endocrinologist for a few years. The records also show that Giles has a 43 degree lumbar curvature, but most doctors agreed that scoliosis is the lesser of her problems. In October 1996, Giles started seeing Mairus McFarland for family practice medicine, whose regular notes are throughout the record.

Giles’s medical history is complex, likely in part due to the challenges inherent in treating Graves disease, an autoimmune disorder that causes hyperthyroidism. Treatment of Graves disease may lead to hypothyroidism, which can cause depression, mental and physical sluggishness, and weight gain — conditions appearing in Giles’s medical history. Giles’s thyroid condition had been treated successfully with medication in September 1995, but physicians later altered her medications because of negative side effects. In April 1996, the endocrinologist noted that Giles’s Graves disease was seemingly under control, but he expressed concerns that it may be over-controlled. In February 1997, the record indicates Giles had normal thyroid function without medication, but she still relied on medication intermittently during the next several years.

Throughout Giles’s illness, she has struggled with depression. Some examining physicians also suggested she be assessed for bipolar disorder. Several doctors noted that Giles was crying during examinations.

Much of Giles’s physical pain during 1996 and 1997 involved her temporal lobe seizures which were likely causing severe migraine headaches. However, medical records suggest that the prescription medication Tegretol was generally effective in assisting Giles with her seizures, and Giles’s complaints about the headaches were limited from 1999 to 2006.

In early 1997, Giles was admitted to the hospital and ultimately diagnosed with diabetes. Her gallbladder was removed and she started insulin therapy. There is no indication that her diabetes was an impairment until late 2004, when she was admitted to the hospital with chest pain and the emergency room physician noted that her diabetes was poorly controlled.

Despite Giles’s numerous health problems, there are very few medical records from 1998 through 2005, other than regular notes from her primary care physician. In 2005, Giles’s cardiac issues arose, and she was diagnosed with mitral valve prolapse and later received a pacemaker.

Giles has not been employed since 1992, and her insured status expired on December 31, 1998. Accordingly, she must establish disability on or before that date.

II. Procedural Background

Four ALJs have denied Giles’s claim. In May 1998, ALJ Morton J. Gold denied the claim, which was later remanded for failure to consider updated medical evidence. ALJ Thomas Bundy was the second to review the case in November 2001, and his decision was remanded because of an insufficient examination of the claimant’s mental impairment and credibility. ALJ Nancy J. Griswold took the case on the next appeal in May 2004, and the district court remanded her decision because of insufficient consideration of the claimant’s severe headaches and whether an underlying medical impairment could have led to Giles’s alleged symptoms. Finally, ALJ Charles R. Lindsay issued a decision in August 2008, which serves as *244 the basis for this appeal. All ALJs incorporated the previous ALJ’s opinion in their decision.

ALJ Lindsay found that Giles had severe impairments of thyroid disease, depression, cardiac disease, epilepsy, diabetes, and a history of migraine headaches. He found that these conditions and others limited Giles’s residual functional capacity (RFC) to the performance of light work 1 except for no more than frequent postural activities (and no climbing ladders); an inability to work at unprotected heights or around dangerous moving machinery; no more than frequent reaching, handling, and fingering; moderately reduced ability to understand, remember, and carry out detailed instructions; moderately reduced ability to maintain attention and concentration, deal with the public, and set goals independently; the need to sit and stand at will; and an inability to work in high stress situations. ALJ Lindsay concluded that these limitations did not preclude Giles from performing her past relevant work as a computer analyst and that she could also perform three alternative jobs recommended by the vocational expert: cashier II, telephone information clerk, and document preparer.

The Appeals Council rejected the ALJ’s conclusion that Giles could have performed her prior job. Giles only worked as a computer analyst for one year, and the vocational expert testified that two years of experience were required to acquire skills at that level. Moreover, the Appeals Council found that “[i]n light of the numerous, moderate mental limitations that are contained in the established residual functional capacity,” Giles was unable to perform her past work. The Council agreed that the vocational expert’s testimony provided sufficient support to conclude that Giles could perform the alternate jobs ALJ Lindsay listed, and the Council affirmed the denial of benefits. The district court affirmed, and Giles timely appealed.

III. Applicable Laws

This court reviews the Commissioner’s denial of social security benefits only to ascertain (1) whether the final decision is supported by substantial evidence and (2) whether the Commissioner used the proper legal standards to evaluate the evidence. 2 Substantial evidence is that which a reasonable mind might accept to support a conclusion. 3

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433 F. App'x 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonnie-giles-v-michael-astrue-commissioner-ca5-2011.