Ford v. Commissioner of Social Security

114 F. App'x 194
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 10, 2004
Docket03-6363
StatusUnpublished
Cited by37 cases

This text of 114 F. App'x 194 (Ford 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
Ford v. Commissioner of Social Security, 114 F. App'x 194 (6th Cir. 2004).

Opinion

ADAMS, Distinct Judge.

Sherri Ford appeals the district court judgment affirming the Commissioner of Social Security’s denial of disability benefits. We conclude that substantial evidence supports the Commissioner’s decision and affirm.

I. STATEMENT OF FACTS

Ford was born on August 17, 1966. She completed the twelfth grade and one year of college. She has worked as a truck line operations supervisor, truck dispatcher, customer service representative, lumber salesperson, and waitress.

Ford contends that she is disabled and unable to work due to degenerative disc disease caused by a May 1,1998 workplace injury to her back. Subsequent to her injury, Ford attended four physical therapy sessions and in June 1998 returned to work as a truck line operations supervisor. She worked for two to three days before quitting due to back pain. Later that month she sought treatment from Dr. Monte Rommelman for continued pain. He diagnosed a herniated disc and recommended continued physical therapy with aquatic exercises.

In December 1998, Ford underwent surgery. Dr. R. Peter Mirkin performed a microdissection, hemilaminectomy, and discectomy. On January 11, 1999, Dr. Mirkin noted that while Ford suffered from pain and decreased range of motion, she had a functional active range of motion in the lower extremities, could heel walk and toe walk symmetrically, and exhibited 3+/5 grade strength bilaterally with no obvious focal muscle weakness. He released Ford to return to work in January 1999. In February 1999, Dr. Mirkin advised Ford to avoid heavy lifting, bending, and stooping.

After surgery, Ford continued physical therapy. Her therapist noted self-limited attempts, minimal effort, and failure to follow instructions.

Dr. Kenneth Cook, Ford’s longtime treating physician, continued to see Ford following her surgery. Dr. Cook concluded in February 1999 that Ford did not need further surgeries. A myelogram and a CT scan revealed only moderate to small disc bulges with no herniation and slight thinning in the L4 and L5 nerve root sleeves. Ford’s straight leg raise test yielded positive results at 60 degrees.

*196 Dr. Cook continued to see Ford in 1999, 2000, and 2001 for back discomfort. He prescribed Darvoeet for chronic lumbar pain and other medications.

In December 1999, Dr. Cook opined that Ford was totally disabled due to lumbar disc disease. In November 2000 and September 2001, Dr. Cook assessed Ford’s functional capacity, concluding that Ford occasionally could lift or carry five to eight pounds, but could not perform repetitive lifting. He further indicated that Ford could stand or walk for a total of two hours in an eight-hour workday and sit less than two hours in an eight-hour workday.

Dr. Eric Carter conducted a consultative examination of Ford in December 2000. He noted that Ford’s sensory system appeared intact and that she had a normal gait. She had some difficulty with heel to toe walking. Lumbar spine flexion and extension was 60 degrees. Lateral flexion was 15 degrees bilaterally. Straight leg raises sitting were 35 degrees bilaterally. Otherwise, Ford had normal ranges of motion. She had some chronic low back pain and radiculopathy. Dr. Carter did not specify any functional limitations.

Two state agency physicians examined Ford in 2001. Both reviewed Ford’s medical records and opined that she could perform medium work.

II. PROCEDURAL HISTORY

On October 31, 2000, Ford filed an application for a period of disability and disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq., alleging disability since May 1, 1998. Her application was denied both initially and on reconsideration.

The Administrative Law Judge (ALJ) held a hearing on Ford’s application on September 19, 2001. In a decision dated September 26, 2001, the ALJ found that Ford retained the functional capacity to: occasionally lift and carry 20 pounds and frequently lift and carry ten pounds; sit one-half to one hour continuously and repetitively for a total of four hours in an eight-hour workday; stand or walk for one hour at a time for a combined total of four hours in an eight-hour workday; occasionally kneel, stoop, crawl, crouch, and climb stairs; never climb ladders; and occasionally operate foot pedal controls. Taking into consideration the testimony of a vocational expert, the ALJ concluded that Ford retained the functional capacity for a range of light work that included her previous work as a supervisor, truck dispatcher, and customer service representative. The ALJ accordingly determined that Ford is not disabled and denied her application for benefits. The Appeals Council declined to review that determination, allowing the ALJ’s decision to become the final decision of the Commissioner.

Ford sought judicial relief in the United States District Court for the Western District of Kentucky pursuant to 42 U.S.C. § 405(g). The Magistrate Judge issued Findings of Fact and Conclusions of Law on August 18, 2003, finding that the ALJ’s decision was supported by substantial evidence and recommending that it be affirmed. On September 25, 2003, the district court adopted the Magistrate Judge’s Findings of Fact and Conclusions of Law, thus affirming the Commissioner’s decision. This appeal ensues.

III. STANDARD OF REVIEW

The standard of review in this area is limited. Unless the Commissioner has failed to apply the correct legal standards or has made findings of fact unsupported by substantial evidence in the record, we must affirm the Commissioner’s conclusions. 42 U.S.C. 405(g); see also Warner v. Comm’r of Soc. Sec., 375 F.3d 387, 390 (6th Cir.2004). We must affirm a decision supported by substantial evidence even if there is substantial evidence in the record to support an opposite conclusion. Smith *197 v. Chater, 99 F.3d 780, 782 (6th Cir.1996). Substantial evidence is “ ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)).

IV. ANALYSIS

Ford raises three issues on appeal.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
114 F. App'x 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-commissioner-of-social-security-ca6-2004.