Daniel Keys v. Nancy A. Berryhill

679 F. App'x 477
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 9, 2017
Docket16-1745
StatusUnpublished
Cited by81 cases

This text of 679 F. App'x 477 (Daniel Keys v. Nancy A. Berryhill) 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
Daniel Keys v. Nancy A. Berryhill, 679 F. App'x 477 (7th Cir. 2017).

Opinion

ORDER

Daniel Keys challenges the denial of his application for disability insurance benefits and supplemental security income under the Social Security Act. Keys claimed disability based on a number of conditions— constant back and neck pain, migraine headaches, systemic rheumatoid arthritis, a rotator-cuff tear, sleep deprivation, and depression. Keys argues principally that the administrative law judge erred by giving too much weight to the opinions of non-examining doctors who did not review medical evidence that his back condition had deteriorated. The ALJ’s decision is supported by substantial evidence. Also, while no one contends that Keys can return to his past construction work, no treating or other physician offered an opinion to the effect that Keys suffered from any condition impairing him to a degree that would have rendered him completely disabled. We affirm.

In late 2011 Daniel Keys, then 46 years old, applied for disability benefits, claiming that for the past three years he had been unable to work because of constant back and neck pain from degenerative disc disease, migraines, systemic rheumatoid arthritis, right-knee pain, impulse-control disorder, and adjustment disorder with depressed mood. In the years before his condition worsened (1997-2007), Keys worked in road construction. From 2008 to 2011, he did some home-improvement and carpentry projects, though this work was intermittent because of his pain.

Keys’ back condition stems from an incident in 1998 when he was hit in the back with a backhoe’s loading bucket. In an effort to relieve his pain, he has undergone six back surgeries: a 2002 thoracic fusion; 2004 and 2008 lumbar spinal fusions; a 2010 foramintonomy to relieve pressure on his spinal cord and 2010 diskectomies to replace two herniated discs; and a final *479 September 2012 foramintonomy and dis-kectomy.

Treatment notes show that his pain generally improved after surgery, only to return shortly afterward. He reported relief after the 2008 surgery but complained that his lower-back pain returned within a few months. His pain improved again after the 2010 surgery, but a year later he had to see a pain physician regularly for lower-back and neck pain that radiated across his shoulders and left arm. He was treated with steroid injections and various medications in 2011 and 2012, but his pain persisted.

Several MRIs recorded the progression of his degenerative disc disease. In mid-2010, a cervical MRI revealed central-canal stenosis and multilevel-foraminal sten-osis. Lumbar and cervical MRIs from mid-2011 show that his spine was generally within normal limits, though the lumbar MRI revealed mild narrowing of the central canal and neural foramina, and the cervical MRI showed mild left-neural fora-minal stenosis but no sign of cord flattening. But MRIs in 2012 showed some changes: a cervical MRI in August reflected two bulging discs, mild foraminal narrowing, and minimal central narrowing; a lumbar MRI in May 2012 revealed mild and minimal central narrowing, mild fora-minal and lateral recess narrowing, with the L3-L4 disc and facet touching the descending nerve roots.

Keys also experienced pain in his hands and joints that has been attributed to rheumatoid arthritis, carpal tunnel syndrome, a torn rotator cuff, and a torn ACL. His spine surgeon first observed signs of carpal tunnel in mid-2010 and recommended that he wear a brace. That condition continued to be present at doctor visits in April and October 2011 as well as April 2012. In mid-2012, Keys’s general practitioner noted that he wore a brace for right-wrist tenderness that Keys attributed to an “old injury.”

Keys began showing signs of rheumatoid arthritis in late 2010 after two emergency room visits for multiple-joint pain and swelling in his left hand. In early 2011, his doctor described the swelling as “very severe.” Keys could not perform fine finger movements, remove his wedding ring, or “turn on his street when he was driving ” When Keys was diagnosed two months later with rheumatoid arthritis, his rheu-matologist observed that hip pain limited him to walking only 100 yards.

Keys’s right-knee problems began after he suffered a near-complete tear of his ACL in 2008. He cancelled a surgery scheduled for late 2008 after a death occurred in his family. Keys used a brace for stability but the injury kept him in constant pain. He eventually had the surgery in 2011 and within three months that pain had “significantly improved.”

Keys’s right-shoulder pain is his last remaining physical ailment. His torn rota-tor cuff was repaired in 2002, but in 2012 the shoulder was still tender and showed signs of tendinitis.

Dr. B.T. Onamusi, a state-agency doctor, examined Keys in early 2012 and concluded that chronic pain and headaches limited him to “sedentary to light” activities. He noted that Keys could sit for about five minutes, stand for fifteen, walk three blocks, and lift up to ten pounds. He also observed that Keys did not have trouble with gross or fine motor skills, including buttons or knots. Dr. Onamusi recorded that Keys’s grip strength was twenty-five pounds in his right hand and thirty-five pounds in his left. His final assessment was that Keys suffered from chronic neck and lower-back pain, multiple-joint pain probably related to rheumatoid arthritis, and recurrent migraine headaches.

*480 Around that same- time Dr. M. Brill, another state-agency doctor, reviewed Keys’s medical records without a physical exam and concluded that Keys could stand and sit for six hours in an eight-hour workday with occasional climbing, stooping, balancing, kneeling, crouching, and crawling, and had no upper extremity limitations apart from being able to frequently lift ten pounds and occasionally lift twenty pounds.

Dr. Candace L. Martin, an agency psychologist, evaluated Keys in early 2012. She concluded that Keys did not show signs of clinical depression. Dr. Martin noted that Keys’s constant pain made him feel depressed and irritable, and she diagnosed him with impulse-control disorder and adjustment disorder with depressed mood.

Soon thereafter the agency denied Keys’s claims, and Keys requested reconsideration. Another agency non-examining doctor, Dr. J. Sands, concurred with Dr. Brill’s opinion, and the agency denied Keys’s claims again.

At a hearing, before an ALJ in early 2013, Keys testified that pain severely limited his ability to walk, stand, and use his hands and arms. He said that most of his pain was in his lower back, making his legs go numb and tingle, and that standing, sitting, or walking too long aggravated his pain. He also stated that his hands tingled and went numb from neck pain, making it hard to hold things. He reiterated that he needed help with buttons and knots.

The ALJ applied the required five-step analysis for assessing disability, see 20 C.F.R. § 404.1520(a)(4), 416.920(a)(4), and found that Keys was not disabled.

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679 F. App'x 477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-keys-v-nancy-a-berryhill-ca7-2017.