Frances Buxton v. William A. Halter, Commissioner of Social Security

246 F.3d 762, 2001 U.S. App. LEXIS 6170, 2001 WL 359620
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 12, 2001
Docket00-3429
StatusPublished
Cited by874 cases

This text of 246 F.3d 762 (Frances Buxton v. William A. Halter, 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
Frances Buxton v. William A. Halter, Commissioner of Social Security, 246 F.3d 762, 2001 U.S. App. LEXIS 6170, 2001 WL 359620 (6th Cir. 2001).

Opinion

OPINION

BORMAN, District Judge.

Plaintiff appeals from the district court’s grant of judgment in favor of the Commissioner of Social Security. The issue presented in this case is whether there exists in the record substantial evidence to support the Commissioner of Social Security’s determination that Frances Buxton is not entitled to disability benefits because she is not completely disabled from either physical or mental impairments. For the reasons that follow, we will AFFIRM the decision of the district court.

I. BACKGROUND A. Procedural Background

Frances Buxton filed an application for Social Security disability benefits on August 2, 1993. Buxton alleged she was disabled by fatigue, weakness, and chemical sensitivity, with a disability onset date of March 12, 1993. Buxton’s application was denied initially, and upon reconsideration, by the Regional Commissioner, Paul Barnes. Buxton then requested, and received, a hearing before an Administrative Law Judge (“ALJ”).”

At the hearing, Buxton was represented by counsel, and testified on her own behalf. Robert Mosley, a vocational expert, also testified at the hearing. The ALJ issued a decision finding Buxton not disabled. Buxton requested that the Appeals Council review the decision: that request was denied.

Buxton then filed a timely complaint in the district court seeking review of the ALJ’s decision. Buxton and the Commissioner, thereafter, stipulated to a remand to the ALJ due to an inconsistency in the ALJ’s decision regarding whether Buxton suffers from chronic fatigue syndrome. The ALJ then conducted a second hearing.

At the second hearing, Buxton was represented by counsel, but did not testify on her own behalf. A vocational expert (Carol Mosley) and two medical advisors (Drs. Cox and Schweid) testified at the hearing. The ALJ then found that although Buxton suffers from “severe impairments consisting of chronic fatigue syndrome, chemical sensitivity syndrome, depression, and so-matoform disorder,” 1 the impairments did *764 not render her disabled. Buxton again requested review of the decision by the Appeals Council: that request was again denied. At that point, the ALJ’s decision became the final decision of the Commissioner.

Buxton then filed the instant action in the district court. The magistrate judge issued a report and recommendation (“R&R”), recommending that the Commissioner’s decision to deny benefits be affirmed. Buxton timely filed her objections. The district court judge, after considering the R&R as well as Buxton’s objections, issued an order accepting the R&R, and entered judgment for the Commissioner.

Buxton filed a timely notice of appeal.

B. Factual Background

Frances Buxton is presently 51 years old, and was 49 years old at the time of the ALJ’s decision. She completed high school, and attended one year of college. She is divorced and has two grown sons. Her past relevant work was as a secretary/office worker/coordinator. She was employed by Nestle Foods (previously Stouffers Foods Corp.), from approximately 1967 until March 2,1993.

Buxton alleges a disability onset date of March 2, 1993, the day her employment at Nestle ceased. Buxton alleges that she stopped working due to chronic fatigue syndrome and multiple chemical sensitivities. Buxton was granted a period of disability benefits from her employer’s disability insurer, based on a finding that Buxton suffered from depression.

1. Buxton’s Self-Described Condition(s)

At the initial hearing before the ALJ in February of 1996, Buxton described her symptoms: bladder/urethra pain; fibro-myalgia pain in her back, shoulders, knees, legs; aching/numbness/tingling in hands and legs; headaches; skin rashes; disorientation; depression. Buxton has never been hospitalized for any of her disorders. Buxton described a normal day as arising between 9 and 10 am, feeling weak and having to lie still for awhile; getting up and making herself tea and a light breakfast, and sitting/reading while she eats; taking a bath at 11 am; lying down to rest for 15 minutes after the bath because of exhaustion; depending on how she feels, then reading a book, or trying to dust or vacuum; making herself lunch/dinner. Sometimes she drives locally, but freeways *765 bother her condition. She goes out for dinner occasionally, but cannot stay long depending on the amount of chemicals at the restaurant. She can sometimes read newspapers briefly.

As part of her application for disability benefits, Buxton filled out a Disability Report. 2 On that report, Buxton indicated that she cooked for herself and her son; shopped often because she could not tolerate being in stores for a long period of time and could not carry many bags; could no longer handle yard maintenance. She further indicated her hobbies were walking and reading, and that she could drive her car. She indicated that she did some visiting with friends and relatives, but came home when she began feeling tired. Bux-ton expressed her opinion regarding the causal connection between her sensitivity to multiple chemicals, and her chronic fatigue: “I have fatigue, weakness & suffer from many symptoms when exposed to any chemical. The fatigue will come & go, nothing consistent.”

Buxton also filled out a Reconsideration Disability Report in connection with her application for benefits. 3 In it, she summarized her complaints as follows: “To summarize: I can’t go anywhere, stay anywhere for any length of time without reacting to some chemical or becoming tired. I stay home a lot.”

In a letter addressed to the ALJ, dated August, 1998, which was introduced at the second hearing in lieu of her appearance, Buxton again described her ailments. For instance, Buxton explained:

HHV6 showed up very high for me.... HHV6 is one of the viruses believed to cause CFIDS (Chronic Fatigue Immune Dysfunction). I was very ill with flu symptoms for a very long time.... I no longer have flu-like symptoms. What I am left with is immune system dysfunction. My immune system overreacts to foods, dust, pollens, molds, trees, grass etc. but most severely to chemicals. Even minute amounts can cause me to have debilitating reactions. There are many & varied symptoms: confusion, memory loss, dizziness, depression, crying, fibromyalgia, weakness, headaches, earaches, burning in all my orifices (throat, nose, up my urethra to my bladder[)].

Buxton further opined that it was her chemical sensitivities which caused some of her cognitive symptoms:

With all due respect to the vocational expert, even a.small office (such as an insurance agency) could be disasterous [sic] to me. Paint, carpeting, perfume, hair spray, cleaning products, insecticide, copy machines, etc. will cause severe reactions for me. I would be so confused, irritable, forgetful, sick & in pain that no employer would want me. When I am in a comfortable, controlled area, I am a different person. I can take care of myself.

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246 F.3d 762, 2001 U.S. App. LEXIS 6170, 2001 WL 359620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frances-buxton-v-william-a-halter-commissioner-of-social-security-ca6-2001.