Collins v. Barnhart

114 F. App'x 229
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 27, 2004
DocketNo. 04-1215
StatusPublished
Cited by13 cases

This text of 114 F. App'x 229 (Collins 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
Collins v. Barnhart, 114 F. App'x 229 (7th Cir. 2004).

Opinion

ORDER

Sandra Collins applied for social security disability insurance benefits in 2000, claiming she was disabled because of scleroderma and Raynaud’s phenomenon. Collins’ claim was denied initially, upon reconsideration, and after a hearing by an administrative law judge. The Appeals Council denied review, making the ALJ’s decision the final decision of the Commissioner of Social Security. Collins appealed to the district court, which affirmed, and she is here today asserting that the ALJ’s misunderstanding of her medical condition resulted in incorrect determinations as to treating physicians’ opinions, Collins’ credibility, and the evaluation of her Residual Function Capacity (“RFC”).

Collins suffers from diffuse scleroderma and Raynaud’s phenomenon. Scleroderma is characterized by a thickening and hardening of the skin. See Stedman’s Medical Dictionaey 1604 (27th ed.2000). Raynaud’s, termed a “phenomenon” when symptoms are accompanied by another disease such as scleroderma, is a condition that leads to “spasm of the digital arteries, with blanching and numbness or pain of the fingers, often precipitated by cold. Fingers become variably red, white, and blue.” Id. at 1365.

Although Collins first reports experiencing Raynaud’s phenomenon in the mid-1980s, she does not characterize the condition as bothersome until November 1992, just before the diagnosis of scleroderma. Within six months, she claims that the combination of conditions rendered her disabled on March 13, 1993, the day she left her last part-time job as a waitress. Her insured status under Title II of the Social Security Act terminated on September 30, 1995, and therefore she must show that she was disabled as of that date in order to qualify for benefits.

The first notation in the record reflecting that Collins might suffer from Raynaud’s phenomenon was made in 1992 by Dr. Warren Brauer, one of Collins’ treating physicians affiliated with the Marsho Family Medical Group (“Marsho Clinic”) in Sheboygan, Wisconsin. Dr. Brauer observed symptoms indicative of the condition, although these observations were unsupported by medical tests. During the same period Collins was also under the care of Dr. Dale Buegel, a physician whom Collins had seen since 1989 and whom she alternately described as a “psychiatrist by his Degree.”

In 1993, Dr. Buegel referred Collins to Dr. Sanford Baim, a rheumatologist with Columbia Hospital in Milwaukee. Dr. Baim was the first physician to form a diagnosis based on both clinical and laboratory findings. After examining Collins and reviewing her positive Antinuclear Antibody (“ANA”) and rheumatoid factor [232]*232blood tests, Dr. Baim diagnosed Collins in April 1993 with scleroderma and accompanying Raynaud’s phenomenon, with associated telangiectasia and sclerodactyly. His findings prompted additional testing to exclude the possibility that her condition affected her major organs. In those tests, the only additional abnormality detected was a slight mitral valve regurgitation. Collins was also seen in the Occupational Therapy Unit of Columbia Hospital in July, when her grip strength was measured at sixty-five pounds and her pinch strength between nineteen and twenty pounds.

Following her consultation with Dr. Baim, Collins’ other doctors continued to report symptoms consistent with scleroderma and Raynaud’s phenomenon. In August 1993, Dr. Buegel noted swelling in her hands, although he also stated that it had improved. The following year, in February 1994, Dr. Buegel remarked that Collins had purple and swollen fingers. Later that year, while examining Collins’ wrist, Dr. Siefert of the Marsho Clinic observed tenderness along Collins’ forearm resulting from an injury she sustained while holding the reins of one of the horses that she owned and maintained. During the examination Dr. Siefert observed “purplish discoloration of the distal extremities,” and Collins reported that air conditioning brought on coldness in her fingers. Despite the condition, Collins declined the drug treatment Nifedipine offered by Dr. Siefert, choosing instead to continue pursuing homeopathic remedies. Shortly before the expiration of her insured status, Collins again returned to Dr. Buegel in April 1995 complaining of chest discomfort and difficulty breathing. However, Dr. Buegel also noted that Collins was shoveling snow during this period.

At her hearing before an ALJ in 2002, Collins asserted generally that her condition had deteriorated and that she was unable to work. She testified that her symptoms had worsened since 1993, the date of her last employment, and said that she could not return to work because of a host of infirmities, including ulcerations that sometimes opened on the tips of her fingers, reduced mobility and dexterity, reduced lung capacity causing fatigue, and muscle spasms. Besides her own testimony regarding her medical history and disability, Collins submitted letters from Drs. Brauer and Buegel describing her condition and concluding that she has been unable to work since 1993.

Applying the five-step disability analysis defined in 20 C.F.R. § 404.1505 and explained in § 404.1520, the ALJ concluded that Collins was not disabled. The ALJ determined that Collins had not been gainfully employed since 1993, that she suffered from Raynaud’s phenomenon and mild scleroderma up to September 1995, that the degree of her “impairment or combination of impairments” was not listed in or medically equivalent to a listing in 20 C.F.R. pt. 404, subpt. P., app. 1, and that she retained the RFC through September 30, 1995 to perform her past relevant work.

In making this determination, the ALJ discredited Collins’ complaint that her pain was severe or limiting, noting “clear elements of exaggeration and secondary claim present.” The ALJ added that her only limitations were from exposure to “cold extremes and vibration,” and that her past relevant work experience as “an accounts payable clerk, secretary, clerical assistant, waitress, and sales clerk did not require any of the above limitations.”

We will uphold the decision of an ALJ if the correct legal standard was applied and the decision is supported by substantial evidence. Steele v. Barnhart, 290 F.3d 936, 940 (7th Cir.2002). Substantial evi[233]*233dence consists of “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Cannon v. Apfel, 213 F.3d 970, 974 (7th Cir.2000) (quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)). To determine whether the ALJ has met this burden, we will engage in a “commonsensical reading [of the decision], rather than nitpicking at it.” Shramek v. Apfel, 226 F.3d 809, 811 (7th Cir.2000).

Collins first argues that she was entitled to disability benefits because her treating physicians determined that her conditions prevented her from working. She asserts that Drs. Buegel and Brauer based their opinions on a continuing treatment relationship with her dating back to the insured period and that the opinions are not inconsistent with the medical evidence.

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Bluebook (online)
114 F. App'x 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-barnhart-ca7-2004.