Cruse v. Commissioner of Social Security

502 F.3d 532, 2007 U.S. App. LEXIS 22621, 2007 WL 2752888
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 24, 2007
Docket06-5772
StatusPublished
Cited by276 cases

This text of 502 F.3d 532 (Cruse v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cruse v. Commissioner of Social Security, 502 F.3d 532, 2007 U.S. App. LEXIS 22621, 2007 WL 2752888 (6th Cir. 2007).

Opinion

OPINION

SILER, Circuit Judge.

In this appeal, Plaintiff Kimberly L. Cruse (“Cruse”) challenges the district court’s decision affirming the determination of the Defendant Commissioner of Social Security (“Commissioner”) that Cruse was not disabled and therefore not entitled to disability insurance and supplemental security income (“SSI”) benefits under the Social Security Act (the “Act”). Specifically, she advances four contentions on appeal: 1) the Commissioner afforded less than the proper amount of weight to the opinions of her treating physician and nurse practitioner; 2) the Commissioner erred in finding Cruse’s testimony about disabling pain, other symptoms, and functional limitations less than credible; 3) the Commissioner’s decision finding Cruse not disabled was not supported by substantial evidence; and 4) the Commissioner erred by failing to present vocational expert testimony. Finding no reversible error, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Cruse was born on May 28, 1981. In 2002, she applied for disability insurance and SSI benefits pursuant to Titles II and XVI of the Act, 42 U.S.C. §§ 401 et seq. and §§ 1381 et seq., alleging disability dating from October 15, 2001. Specifically, Cruse alleged that she was unable to engage in any substantial gainful activity due to dizziness, an inability to stand without falling, migraines, and chronic vertigo. Cruse’s claim was denied by the Social Security Administration (“Administration”) in 2002.

A. Hearing Before Administrative Law Judge

A hearing was held before an Administrative Law Judge (“ALJ”) in 2003. Cruse *535 completed high school and attended one year of college. She had past relevant work experience as a produce clerk, cashier, and greeter. She alleged that on October 15, 2001, she came home from school and passed out. Thereafter, she claimed to have continued suffering from dizziness for which she has regularly received medical attention.

1. Relevant Medical History

On October 31, 2001, Cruse was admitted to Jackson-Madison General Hospital due to persistent dizziness. After being released the following day, Dr. Kevin Gray noted that, with medication, Cruse was fairly asymptomatic. On December 11, 2002, Cruse visited Dr. Gale Gardner, complaining of dizziness, imbalance, and falling. Dr. Gardner described Cruse’s impairment as total and further noted that she should not return to work pending the outcome of her neurological work-up. 1 Dr. Gardner assessed that Cruse suffered from idiopathic dizziness. On December 26, 2001, Dr. Natasha Mahajan, Cruse’s primary care physician, reported that Cruse was not taking any medications, she was in no acute distress, and her neurological examination was negative. Dr. Maha-jan also noted that Cruse had been wheelchair-bound for the previous couple of months due to dizziness.

On February 14, 2002, Dr. Anne E. O’Duffy, a neurologist, reported that Cruse’s MRI, laboratory studies and strength were “normal,” though she did have some “give-way” weakness in her lower extremities. Dr. O’Duffy further remarked that Cruse’s gait was markedly abnormal “with swaying and grabbing onto various objects.” At one point during the examination, Cruse fell down and reported dizziness after being helped onto a chair, though her blood pressure and pulse remained stable. Noting the lack of neurological explanation for her symptoms, Dr. O’Duffy opined that Cruse had a conversion disorder, 2 and suggested that she undergo a psychiatric evaluation. Dr. O’Duffy also suggested that Cruse’s dizziness and vertigo could be migraine-related.

On May 3, 2002, a medical consultant, Dr. Louise G. Patikas, indicated that Cruse’s physical impairments, singly or combined, were not severe. On May 21, 2002, Dr. Renga Vasu, a neurologist, observed that Cruse “had difficulty standing and could not balance even with two people holding her even though she could walk with support.” Dr. Vasu assessed that Cruse suffered from brainstem migraines and somatization, but ruled out conversion disorder. She suggested that Cruse undergo psychiatric treatment and physical therapy.

Christine Hasselle, a family nurse practitioner, treated Cruse on June 13, 2002, and August 29, 2002. Hasselle reported that Cruse was coherent with a guarded attitude, an appropriate affect, adequate judgment, intact memory, and no perceptual abnormalities. Hasselle diagnosed Cruse with conversion disorder and anxiety disorder. She assessed Cruse’s prognosis as good; however, she indicated that Cruse was unable to work as of the June 13, 2002 evaluation.

On August 20, 2002, Cruse was again seen by Dr. Mahajan, who diagnosed her with the following symptoms: 1) abdominal pain; 2) migraine headaches; 3) dizzi *536 ness; 4) internal hemorrhoids; and 5) possible conversion reaction.

From August through December 20, 2002, Cruse was examined by Dr. Shankar Natarajan, a pediatric neurologist. Dr. Natarajan indicated that her physical and neurological examinations were unremarkable. During the August 30, 2002 examination, Cruse was diagnosed with vertigo and lower extremity weakness. In an October 14, 2002 letter, Dr. Natarajan advised Cruse not to return to work until her migraines and dizziness were under control. Dr. Natarajan changed his diagnosis to conversion disorder at the following examination, but later ruled it out on December 20, 2002. Dr. Natarajan also indicated that Cruse could move her legs easily when sitting in a wheelchair but “her legs became wobbly” when standing. Cruse refused to be examined during her December 20, 2002 consultation.

On September 5, 2002, Cruse’s impairments were again described as non-severe by another medical consultant. Thereafter, Cruse obtained psychiatric treatment from Dr. Martha Gordon from December 26, 2002, through June 3, 2003. On January 11, 2003, Dr. Gordon assessed Cruse’s mental capacity for work activity and found that her cognitive work-related limitations were fair to poor in all categories. Dr. Gordon indicated that Cruse was unable to work due to an inability to stand or walk, dizziness, dissociative episodes, depression, anxiety, and panic.

Cruse was hospitalized for two weeks during April 2003 for intensive physical therapy, during which she progressed to walking with the assistance of a rolling walker. Dr. Davidson Curwen, a rehabilitation specialist, stated that Cruse was able to tolerate all scheduled therapies, and that her functional limitations were gradually improving. At her first outpatient visit, on May 15, 2003, Cruse indicated to Dr. Curwen that “overall she [was] doing better,” and “[her] strength [had] improved.” She further indicated that she was able to get around using a walker, although she did not always need it, and that she was hopeful to be free of the walker within several weeks. Dr. Curwen noted that Cruse was independent in all aspects of self-care and opined that she would be totally independent in six to eight weeks and able to resume all aspects of her life.

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502 F.3d 532, 2007 U.S. App. LEXIS 22621, 2007 WL 2752888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cruse-v-commissioner-of-social-security-ca6-2007.