Dowlen v. Colvin

658 F. App'x 807
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 9, 2016
DocketNo. 16-1299
StatusPublished
Cited by10 cases

This text of 658 F. App'x 807 (Dowlen v. Colvin) 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
Dowlen v. Colvin, 658 F. App'x 807 (7th Cir. 2016).

Opinion

ORDER

Henrietta Dowlen, a 65-year-old who suffers from pain primarily in her arm and neck, appeals the district court’s judgment upholding the denial of her application for disability insurance benefits. An administrative law judge found that, despite her impairments, she retained the residual functional capacity to perform her past relevant jobs, first as a mail sorter and then as an insurance claims clerk. Dowlen challenges both the adequacy of the ALJ’s RFC finding and the ALJ’s conclusion that she could perform her past relevant work: Because substantial evidence supports the ALJ’s' decision, we affirm.

In 2012 Dowlen applied for disability insurance benefits, claiming that injuries in both arms and a bulging disk in her neck rendered her unable to work. Years earlier, in 1996, she had been in a car accident and underwent surgery on her right arm. [809]*809In February 2012, she reinjured that arm (and wrist) and had to compensate by using her left arm more,' which, she complained, caused left arm and neck pain.

Around this time, Dowlen was diagnosed with a right-arm and hand strain. She saw Dr. Andrew Combs, a hand specialist, who diagnosed a right-arm straiñ and tingling and noted her complaints of pain and weakness with gripping. Dowlen completed occupational therapy in March 2012, and reported pain but she had normal range of motion in her right arm and improved grip strength in both hands. In late-March, Dowlen saw Dr. Andrew Vicar, an orthopedic specialist, who noted right wrist pain and tenderness, and opined that Dowlen could work so long as she did not have to use her right wrist to lift more than two to four pounds. In April, Dr, Vicar noted that she was “doing a lot better” and opined that she could return to full duty work with no restrictions. That same month, however, she lost her job as a claims clerk “due to downsizing.” ; .

In May Dr. Vicar opined that Dowlen’s right wrist had reached “maximum medical improvement” and that she could return to work. He added that she had “0. percent permanent partial impairment of the hand below the elbow,” but she still complained of arm soreness, so he referred her to the physiatry department. One week later Dowlen saw physician’s assistant Tom Spindler, who found that she had tenderness in the neck area, though a test for nerve root compression was negative. An MRI showed moderate vertebrae degenerative disc changes with bone spur growths and thinning of the membrane that surrounds the spinal cord. Dr. Shane J. Rose, the interpreting physician, believed that the most significant finding was narrowing on disc levels with possible nerve-root impingement. Dowlen returned the next week complaining of neck and left-arm pain, and Spindler, the physician’s assistant, diagnosed a pinched nerve and referred Dowlen for an epidural injection.

At a consultative examination in August, Dr. Sanjiv Anand noted that Dowlen complained of difficulty holding and gripping objects, but she had normal muscle strength, grip strength, and fine finger skills. Dr. Anarid also noted Dowlen’s complaints of pain in her arms and neck caused by a pinched nerve and right-arm fracture and sprain. ■

The Disability Determination Bureau denied her claim in September 2012 based on an August 2012 review from state-agency physician, Dr. A. Dobson. Dr. Dobson determined that Dowlen had two severe physical impairments—a right-arm fracture and pain caused by weakening spinal discs—but opined that she could perform her past relevant work as it was generally performed in the national economy. After Dowlen requested reconsideration, Dr. M. Ruiz affirmed Dr. Dobson’s opinion and the Disability Determination Bureau again denied Dowlen’s' claim.

In November 2012 Dowlen experienced numbness in her left arm and hand, and went to the St. Vincent Hospital emergency department, where she was diagnosed with ceryical nerve impingement and muscle strain. Notes in her records reflect that Dowlen by this time had lost her medical insurance and was unable to obtain regular care.

In' June 2013 Dowlen went to the Wishard Health Services emergency department with complaints of pain and weakness in the left arm and shoulder. A medical student, under a doctor’s supervision, diagnosed a pinched nerve in her neck and also bicep muscle loss.

Three months later, Dowlen was seen by a neurosurgeon, who noted that she had full strength throughout the right upper [810]*810arm and intact biceps. He diagnosed nerve-related, left-arm pain and weakness and recommended that she receive an MRI of the neck and an electromyogram (EMG) of her left arm. Dowlen did not produce the EMG results but the examining doctor noted evidence of a mild chronic pinched nerve.

At a video hearing before an administrative law judge in December 2013, Dowlen testified that she had a lot of pain and numbness in both her hands and her left shoulder. She reported that she lived alone, but had difficulty performing certain tasks such as opening a water bottle, brushing teeth, and combing hair. She explained that she took out the trash and shopped for groceries herself, but was helped with heavy things by her grandchildren, who she watched daily. Dowlen also testified that her past work in “mail and distribution” was fast-paced and required lifting and sorting bundles of claims, while her past work as a “Medicare secondary payer” involved a lot of typing. She could not perform either job anymore, she testified, because she couldn’t open letters fast enough or type on a keyboard all day; she was looking, however, for slower paced and less hand-intensive work.

At the hearing, the ALJ asked a vocational expert a series of hypothetical questions for an individual of Dowlen’s age, education, and work experience. The ALJ asked the VE to assume an individual who was restricted to light work, could never climb ladders or similar devices, but frequently could perform handling, fingering, and reaching. Noting that such a person could not perform the mail-sorter position as Dowlen ■ testified she performed it, which would be considered medium work, the VE concluded that such a person could perform both of Dowlen’s past relevant jobs—claims clerk and mail sorter—as they were generally performed in the national economy. If that person were restricted to sedentary work, however, the VE concluded that the individual could perform only Dowlen’s past claims-clerk job. The VE reported that the claims-clerk position generally required using a computer for “at least three-quarters of the day.” And the VE testified that a mail sorter generally was not considered fast-paced but every job had a quota and “if a person can’t keep up with the quota that is set for them ,. I don’t see how they can keep up with competitive work.”

The ALJ applied the five-step analysis in 20 C.F.R. § 404.1520(a)(4), and found Dowlen not disabled. The ALJ determined that she had not engaged in substantial gainful activity since the alleged onset date of February 7, 20121 (step one); that her left arm and hand pain, her right arm sprain, and her chronic neck pain with pinched and inflamed nerves were severe impairments (step two); that these impairments did not equal a listed impairment (step three); that she had the RFC to perform light work, with the limitations of no more than frequent use of her hands for handling, fingering, and reaching, and never climbing ladders and similar devices; and that she could perform both her past relevant jobs as a claims clerk and mail sorter (step four).

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Cite This Page — Counsel Stack

Bluebook (online)
658 F. App'x 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dowlen-v-colvin-ca7-2016.