Francesca Carbone v. Louis W. Sullivan, Secretary of Health and Human Services

960 F.2d 143, 1992 U.S. App. LEXIS 38344, 1992 WL 75143
CourtCourt of Appeals for the First Circuit
DecidedApril 14, 1992
Docket91-1964
StatusUnpublished
Cited by9 cases

This text of 960 F.2d 143 (Francesca Carbone v. Louis W. Sullivan, Secretary of Health and Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Francesca Carbone v. Louis W. Sullivan, Secretary of Health and Human Services, 960 F.2d 143, 1992 U.S. App. LEXIS 38344, 1992 WL 75143 (1st Cir. 1992).

Opinion

960 F.2d 143

NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished opinions may be cited only in related cases.
Francesca CARBONE, Plaintiff, Appellant,
v.
Louis W. SULLIVAN, Secretary of Health and Human Services,
Defendant, Appellee.

No. 91-1964.

United States Court of Appeals,
First Circuit.

April 14, 1992

Gretchen Bath on brief for appellant.

Lincoln C. Almond, United States Attorney, Michael P. Iannotti, Assistant United States Attorney, and Nancy B. Salafia, Assistant Regional Counsel, Department of Health and Human Services, on brief for appellee.

Before Selya, Circuit Judge, Campbell, Senior Circuit Judge, and Cyr, Circuit Judge.

Per Curiam.

Francesca Carbone (claimant) appeals from a district court judgment affirming a decision by the Secretary of Health and Human Services to deny her application for disability benefits under the Supplemental Security Income (SSI) program. Claimant was born in Italy in 1941 and attended school there through the fifth or sixth grade. She came to this country in 1970 and worked as a press machine operator from 1974 to 1976. On October 21, 1988, she filed the instant application for benefits, alleging that she has been disabled since March 1976 due to arthritis, high blood pressure, sciatic pain, dizzy spells and nerves. Following a hearing at which claimant, her daughter and a vocational expert (VE) testified, the Administrative Law Judge (ALJ) denied her claim at step four of the sequential analysis-finding that claimant had failed to establish an inability to perform her past work. The Appeals Council considered but declined claimant's request for review, and the district court, at the recommendation of a magistrate-judge, subsequently affirmed. Claimant now appeals.

I.

Claimant advances a barrage of objections to the ALJ's opinion. The thrust of her argument is that the ALJ misread or ignored key medical findings, with the result that the assessments of various physicians were improperly discredited, with the further result that her complaints of pain were improperly discounted. An evaluation of these claims requires a brief summary of the medical evidence. Such evidence comes from four sources: Dr. Chun Kak Lee, claimant's treating physician since 1980; Dr. Karen Holmes, a consulting internist; several treating physicians at the Roger Williams Hospital rheumatology clinic; and Dr. Dominic Coppolino, a consulting psychiatrist. In line with the focus of claimant's argument, our attention will be directed principally to the evidence concerning her complaints of pain. And because disability benefits under the SSI program are available only from the date of a claimant's application, see, e.g., 20 C.F.R. § 416.202; Commonwealth of Pennsylvania v. United States, 752 F.2d 795, 799 (3d Cir. 1984), we shall concentrate on the period beginning in October 1988.

Claimant visited Dr. Lee approximately 80 times between July 1980 and November 1989. The notes from these visits are cursory, containing little more than a notation of claimant's complaints, her weight and blood pressure, and the medications prescribed. The complaints were varied and for the most part minor; with few exceptions, physical examination was reported as being within normal limits. Claimant was prescribed pain medication continuously throughout this period-at first Norgesic Forte, and then Motrin. Yet on only eight occasions (one in 1988, three in 1989) did Dr. Lee record complaints of pain other than headaches, and only rarely did these concern the same part of the body.1

Dr. Holmes examined claimant on January 6, 1989, several months after the filing of her application. After recording claimant's complaints,2 she made the following findings. Her knees revealed some changes of osteoarthritis, but no effusion. There was a full range of motion in all joints, without synovial bogginess or redness. Straight leg raises resulted in pain in the right knee and right back with an elevation of 25 degrees. Range of motion was diminished in the neck in all directions, and also in the back; claimant could bend forward only 20 degrees before the onset of severe pain. Neurological findings were normal, with full motor strength in all extremities, and an intact sensory exam. Gait was slow, favoring the right leg, and claimant was unable to perform heel or toe walking, tandem gait walking, or squatting movements. Dr. Holmes' assessment was that claimant's arthritis imposed "quite severe" restrictions; even when claimant was not having an attack of her sciatic problem, she remained "very limited in her ability to maneuver ... and be active."3

In an August 1989 report, Dr. Lee stated that claimant's "hypertension, tachycardia, anxiety, headache, and arthritis ha[ve] been fairly controlled by medications. [Claimant] is obese and main problem is dizziness [with] headache." With respect to her arthritis, he added that claimant complained occasionally of back pain, which was "fairly responding" to medications. In October, Dr. Lee referred claimant to the rheumatology clinic at Roger Williams Hospital for treatment of her arthritis. And on December 3, 1989, he submitted a report indicating that her condition was "not any better," and that her arthritis had been "extremely painful" during a November 25 visit. He also provided on that date an RFC assessment indicating that claimant could lift or carry only five pounds occasionally, could sit, stand, or walk for only one hour in an eight-hour workday, was unable to use her feet for repetitive movements such as pushing of leg controls, and was unable to climb. In an accompanying commentary, he added that claimant was suffering from rheumatoid arthritis.

Claimant was first seen at the hospital clinic on October 18, 1989. She voiced complaints similar to those recorded by Dr. Holmes ten months earlier.4 During the examination, she was in no acute distress at rest but grimaced when rising from a chair. There was limited range of motion in the neck secondary to pain complaints. Examination of the extremities proved difficult due to pain complaints; range of motion could not be tested. The joints revealed no acute inflammation, effusions, or erythema (redness or swelling). Gait was consistent with right hip and low back pain, and generalized tenderness to palpation existed over the entire body. The examining physician reached an initial assessment of generalized musculoskeletal pain, stated that fibrositis5 and depression must be considered, expressed doubt that rheumatoid arthritis or other connective tissue diseases were involved, and ordered x-rays of the knees, hips and spine. These x-rays, performed that same day, revealed the following: mild degenerative changes in both knees with effusions but no soft tissue abnormality; mild degenerative changes in the right hip; and disc space narrowing L4-5, along with mild scoliosis (curvature of the spine).

The record contains reports from four additional visits made by claimant to the hospital clinic.

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Bluebook (online)
960 F.2d 143, 1992 U.S. App. LEXIS 38344, 1992 WL 75143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/francesca-carbone-v-louis-w-sullivan-secretary-of--ca1-1992.