Buckner v. Astrue

646 F.3d 549, 2011 U.S. App. LEXIS 14727, 2011 WL 2803017
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 19, 2011
Docket10-1524
StatusPublished
Cited by578 cases

This text of 646 F.3d 549 (Buckner v. Astrue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Buckner v. Astrue, 646 F.3d 549, 2011 U.S. App. LEXIS 14727, 2011 WL 2803017 (8th Cir. 2011).

Opinion

SMITH, Circuit Judge.

Brian Buckner appeals the district court’s 1 judgment upholding the Commissioner of Social Security’s (“Commissioner”) denial of his application for disability insurance and supplemental security income (SSI) benefits, under Titles II and XVI of the Social Security Act (SSA). Buckner argues that the administrative law judge (ALJ) (1) erroneously determined that Buckner’s mental impairments — specifically, his depression and anxiety — were not severe; (2) inadequately evaluated the credibility of Buckner and Buckner’s girlfriend; and (3) based his decision on an improperly phrased hypothetical question to the vocational expert (VE). For the following reasons, we affirm.

I. Background

In Buckner’s application for disability and SSI benefits, he alleged a disability beginning on August 29, 2005, at age 33. In his application, he stated that he could not work full time due to hypertension, sleep apnea, restless leg syndrome, headaches, anxiety, emotional problems, and gastroesophageal reflux disease (GERD). Buckner has a high school diploma but no further education. He previously worked as a warehouse worker, a milker on a dairy farm, a nursing assistant, and a taxi cab driver.

A. Medical History

Buckner made several visits to different medical providers between April 2005 and October 2007. These visits were not directly related to his application for disability and SSI benefits, but they were included in the administrative record. The conditions documented by these providers are summarized below.

1. Hypertension

Buckner began receiving medication for hypertension in April 2005. At that time, his blood pressure measured 199/121 and 180/101. He reported smoking 1.5 packs of cigarettes per day. On May 27, 2005, Buckner sought medical treatment and reported that he had not taken his hypertension medicine for two days, and he reported smoking two packs of cigarettes per day. His blood pressure measured 175/123, 154/108, and 160/105. He was instructed to take his hypertension medication.

With some exceptions, Buckner’s hypertension generally improved over the course of 17 measurements in the next two years. *552 Starting with a high of 180/132 in September 2005, Buckner’s regular blood pressure readings steadily dropped, reaching a low of 122/83 in October 2006. After that point, his blood pressure briefly spiked but ultimately returned to 150/90 in October 2007.

2. Chest Pain

At Buckner’s May 2005 examination, a chest x-ray revealed “[questionable mild cardiomegaly,” 2 which the doctor indicated “may be an artifact of the portable [x-ray] technique and the patient’s body habitus.”

Buckner reported a history of chest pain at his September 1, 2005 examination. An x-ray revealed “minimal old pulmonary granulomatous disease” 3 and a “borderline cardiac size.” An electrocardiogram (EKG) revealed sinus bradycardia 4 but was otherwise normal.

On September 12, 2005, Buckner underwent a myocardial perfusion rest and stress test involving a “two-day treadmill exam.” An EKG indicated a normal resting heart rate. With stress, Buckner had no chest pain. The examination revealed “[n]o evidence of myocardial scarring or of stress induced myocardial ischemia,” 5 “[m]ild inferior hypokinesis,” 6 and a normal “left ventricular ejection fraction” of 55 percent.

From September 2005 to October 2006, all of Buckner’s cardiovascular examinations were normal. On October 10, 2007, Buckner went to the emergency room, complaining of intermittent chest pain. By the time he was examined, he reported no pain. Two days later, he had a normal cardiovascular examination.

3. Other Physical Conditions

Buckner suffered from a variety of other physical maladies, varying in their duration and severity. For example, Buckner’s medical records with an advanced practice nurse indicated an ongoing problem with obesity and frequent complaints of headaches, nasal congestion, coughing, sneezing, restless leg syndrome, and tooth pain. Nevertheless, all of Buckner’s visits to the advanced practice nurse revealed normal musculoskeletal, motor/sensory, strength, and sensation examinations.

The advanced practice nurse also diagnosed Buckner with GERD on May 27, 2005, for which she prescribed Zantac. In September 2005, Buckner reported that the Zantac helped “a lot,” and in October 2006, he reported that his GERD was “great” while on Zantac.

On February 20, 2006, Buckner went to the emergency room, complaining of neck and back pain due to a motor-vehicle accident. An x-ray of his cervical spine revealed no fractures or subluxation 7 but could not exclude “[d]isc protrusion.” An x-ray of his lumbar spine revealed “a questionable fracture” of the L2 vertebra, but the report stated it was “more likely ... an artifact of overlapping soft tissues.”

4. Depression and Anxiety

At an examination on September 1, 2005, Buckner reported having anger *553 problems, and the advanced practice nurse diagnosed him with depression. He had normal psychological examinations on September 6 and 12, 2005. On September 15, 2005, he returned to the advanced practice nurse and reported that his medication, Zoloft, was helping with his depression. The advanced practice nurse indicated that Buckner’s psychological examination was normal.

On September 29, 2005, Buckner told the advanced practice nurse that the Zoloft was not helping with his depression. Nevertheless, the advanced practice nurse indicated that Buckner’s psychological examination was normal. During visits in October, November, and December 2005 and March 2006, the advanced practice nurse documented normal psychological examinations. In April 2006, Buckner again reported to the advanced practice nurse that Zoloft was not helping, but Buckner’s psychological examination was normal. The advanced practice nurse documented normal psychological examinations for Buckner in October and November 2006.

B. Administrative History

1. Function Report

On October 27, 2005, in connection with his August 29, 2005 application for disability and SSI benefits, Buckner completed a function report indicating how his mental and physical conditions limited his daily activities and abilities. He indicated that he could care for his son and girlfriend. He also stated that he could take care of his personal needs and grooming but would “sometimes” need reminders from his girlfriend for grooming and taking medication.

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646 F.3d 549, 2011 U.S. App. LEXIS 14727, 2011 WL 2803017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buckner-v-astrue-ca8-2011.