Creasy v. Barnhart

30 F. App'x 620
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 27, 2002
DocketNo. 01-1443
StatusPublished
Cited by4 cases

This text of 30 F. App'x 620 (Creasy 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
Creasy v. Barnhart, 30 F. App'x 620 (7th Cir. 2002).

Opinion

ORDER

Virginia Creasy suffers from numerous ailments of varying severity, including recurring strokes, chronic lung disease, joint pain, anxiety, and depression. She stopped working and applied for disability insurance benefits and supplemental security income in August 1998. An Administrative Law Judge determined that Creasy’s medical condition prevented her from returning to her past employment, but that she nevertheless could perform certain types of unskilled sedentary work until she reached age 50. Upon reaching that age, the ALJ concluded, Creasy would become eligible for disability benefits as a result of being placed in a different age category for purposes of the occupational grids. Creasy challenged these findings, claiming she was disabled at age 46, but after she failed to file a brief in the district court, Judge Tinder affirmed the Commissioner’s final decision. On appeal Creasy generally argues that the ALJ violated her procedural due process rights, and that substantial evidence does not support the ALJ’s determination regarding her eligibility date for disability. We affirm.

BACKGROUND

Creasy graduated from high school in 1965, and over the next 28 years held a variety of jobs including waitress, bartender, factory laborer, and construction worker. During this period Creasy’s work demanded a substantial amount of physical activity, including constant walking, standing, bending, reaching, and frequent lifting of heavy items. Creasy alleges that her disabling condition first began to manifest itself in 1985, when she suffered a head trauma in a car accident. After the accident she complained of frequent headaches and suffered from three strokes associated with her head injury. Her strokes were accompanied by seizures and followed by postictal Todd’s palsy - a temporary partial paralysis of one side of her body, never lasting more than a few days. Her most recent documented stroke, occurring in July 1993, required her to be hospitalized for four days. Since then, her strokes and seizures have been controlled with medication.

[622]*622Despite this history of headaches and strokes, Creasy continued to work until August 1993, when she says that three additional medical complications impaired her ability to work. First, Creasy complained of difficulty breathing. She suffered from chronic lung disease, due primarily to her long smoking history (one to five packs of cigarettes a day for 35 years). In April 1993 she was diagnosed with emphysema, and in August 1993 she was hospitalized with acute bronchitis and exacerbation of chronic pulmonary insufficiency (COPD). Second, Creasy complained of swelling in her hands, arms, and legs caused by rheumatoid arthritis. Although her medical records do not support this diagnosis, in April 1993 her treating physician did diagnose chronic arthralgia rather than rheumatoid arthritis. Third, Creasy complained of various emotional problems, such as anxiety and depression. She was diagnosed with major depression in August 1993, and was hospitalized in January 1994 and June 1996 for treatment of her anxiety and depression. Her treating physicians concluded that Creasy’s complaints about other symptoms, such as headaches and muscular jerking, also had a psychiatric basis related to her depression. In addition, the doctors diagnosed somatoform disorder, a psychological condition that causes Creasy to exaggerate symptoms affecting her body (leading one doctor to characterize her descriptions of pain as “flamboyant”).

After Creasy’s employment ended in August 1993, she worked around the house, particularly as the primary caregiver for her three young grandchildren, who have lived with Creasy since 1990, and whom Creasy formally adopted in 1995. In response to a questionnaire from the Disability Determination Office regarding her daily activities, Creasy reported in late 1993 that she swept, dusted, made beds, and cooked meals for the three children on a daily basis, though her physical condition required more time for these tasks.

In a January 1994 letter, Creasy’s primary care physician, Dr. J. Brooks Dickerson, concluded that Creasy was not “physically or emotionally capable of performing any gainful activity” and stated that he considered her “totally disabled.” In October 1995, at the request of the ALJ, Dr. Dickerson assessed Creasy’s residual physical functional capacity and stated that Creasy was “physically and emotionally disabled from any type of gainful employment.” He conceded, however, that she could perform some sedentary work in the future if she stopped smoking and received long-term psychological counseling and vocational rehabilitation. Eight months later, in response to additional questions posed by the ALJ, Dr. Dickerson concluded that Creasy’s pulmonary disease precluded her from any activity involving physical exertion or lifting, and required that her work environment be free of significant weather change or dust exposure. In an attempt to clarify his earlier assessments of Creasy’s disability status, Dr. Dickerson explained that with vocational training he believed that Creasy could perform “a type of sedentary job that is not very stressful or intellectually demanding.” He also suggested that getting Creasy to return to work “would have a positive effect on her emotional state.”

The ALJ conducted two oral hearings in 1995, and closed the administrative record in February 1997. In September 1997 the ALJ issued a decision, applying the standard five-step analysis used to determine disability. See 20 C.F.R. §§ 404.1520, 416.920; Young v. Sec’y of Health & Human Servs., 957 F.2d 386, 389 (7th Cir.1992). The ALJ concluded that Creasy was unemployed (step 1) and suffered from severe impairments (step 2). The ALJ then found that her impairments [623]*623were not per se disabling (step 3), but they did prevent her from performing her past work (step 4). Nevertheless, based on Dr. Dickerson’s assessment, the ALJ found that Creasy possessed the residual functional capacity to perform sedentary work. Accordingly, the ALJ submitted interrogatories to a vocational expert (VE), inquiring whether any sedentary work would be appropriate for an individual of Creasy’s age, education, and work experience. Relying on the limitations identified by Dr. Dickerson, the ALJ asked the VE to identify only those jobs that would not be very stressful or intellectually demanding and would not present environmental conditions that could exacerbate Creasy’s lung disease. In response the VE identified over 32,000 jobs (based on information published in “Employment Statistics Quarterly”),1 the majority of which would be performed in an office or clean air environment. The ALJ therefore concluded that Creasy was ineligible for disability benefits until she reached age 50 (step 5).2

After the Appeals Council denied her request for review, Creasy filed a complaint in the district court alleging that the ALJ’s findings of fact and conclusions regarding the onset date of her disability were not supported by substantial evidence. The district court set a briefing schedule, and subsequently granted Creasy a 30-day extension. Despite this extension, Creasy failed to submit a brief. The court was therefore left with no submissions from Creasy other than a skeletal two-page complaint upon which to base its decision. In a short, four-paragraph decision, the court affirmed the Commissioner’s final decision.

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Bluebook (online)
30 F. App'x 620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/creasy-v-barnhart-ca7-2002.