Frank E. McNamee v. Social Security Admin.

164 F. App'x 919
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 31, 2006
Docket05-14805
StatusUnpublished
Cited by60 cases

This text of 164 F. App'x 919 (Frank E. McNamee v. Social Security Admin.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Frank E. McNamee v. Social Security Admin., 164 F. App'x 919 (11th Cir. 2006).

Opinion

PER CURIAM:

Plaintiff-appellant Frank McNamee appeals the district court’s order affirming the denial by the Commissioner of Social Security (“Commissioner”) of his applications for disability benefits, pursuant to 42 U.S.C. § 405(g), and supplemental security income, pursuant to 42 U.S.C. § 1383(c)(3). Because the administrative law judge (“ALJ”) gave specific reasons for according what weight he gave to various parts of the record, and because he based his decision on substantial medical evidence, we AFFIRM.

I. BACKGROUND

McNamee applied for disability insurance benefits and supplemental security income on 18 December 2001, on the ground that he was disabled as of 1 April 1996 1 due to heart attack and disease. R2 at 47, 265. The applications were denied both initially and upon reconsideration by an ALJ. McNamee requested an Appeals Council review. The Appeals Council concluded that no basis existed upon which to review the ALJ’s decision, thus leaving it to stand as the Commissioner’s final decision. McNamee then appealed to the district court, which upheld the ALJ’s decision as having been based upon substantial evidence.

The record before the ALJ, apart from the applications, disability reports, and activities questionnaires completed and submitted by McNamee and his wife, included a variety of medical records covering the period April 1997 through November 2003. The records from his April 1997 hospital *921 ization at Cooper Green Hospital and University of Alabama, Birmingham Medical Center report his condition at discharge after by-pass surgery as “[dramatically improved.” Id. at 133. Emergency room and follow-up records covering the period from 22 June 1997 to 6 April 1998 from Cooper Green Hospital, id. at 137-149, report an infection at the incision site which was treated with antibiotics. See id. at 137. The records from his December 2001 hospitalization at Bessemer Carraway Medical Center in connection with a stroke indicate that he was in stable condition at discharge and had been instructed to discontinue smoking and minimize alcohol intake. Id. at 151. A consultative psychological evaluation based on a 21 March 2002 clinical interview by Dr. John Neville reports that McNamee admitted to being able to “bathe, dress and feed himself,” and to “doing some housework.” Id. at 179. Dr. Neville concluded that McNamee was mentally capable of functioning independently, that he was able to understand and carry out instructions, and that he appeared able to cope with ordinary work pressures. Id. at 181. A consultative medical evaluation based on a 25 March 2002 physical examination by Dr. Lillian Klancar in which McNamee complained of bilateral hip pain, reported that McNamee was “able to do dusting, sweeping, and cooking,” that he “care[d] for a small garden and [could] do planting.” Id. at 189. Dr. Klancar also reported that McNamee reported difficulty mowing because of his hip pain but was not limited by any heart symptoms. Id. She observed that there were, at that point, “no limitations in standing, walking, lifting, carrying, sitting, or manipulation ... [and that McNamee] ha[d] no postural or other limitations.” Id. at 191. The record indicates that McNamee was admitted to University of Alabama at Birmingham Medical Center West in connection with a second stroke in May 2002 at which time his “chief complaint” was that he was unable to see. Id. at 195. In the course of a consultative visual examination performed on 16 September 2002, Dr. James Kelly found that, following the May 2002 stroke, McNamee retained 20/20 uncorrected distance vision in each eye, 20/30 corrected close vision in the right eye, and 20/25 corrected close vision in the left eye. Id. at 233. Dr. Kelly also observed that, although McNamee suffered a restricted visual field, he retained binocular vision in all directions, and his depth and color perception were normal. Id. at 233-34. Dr. Kelly accordingly concluded that, although McNamee should not operate machinery in light of his visual field defect, he could “get around the room alright” and “he might be able to learn to drive if he is a very careful person.” Id. at 238.

During the hearing, the ALJ also admitted into the record an internal medicine examination, physical capacities evaluation, clinical assessment of pain, and clinical assessment of fatigue and weakness completed by Dr. J. L Zaremba on 20 November 2003. Dr. Zaremba’s history notes reported that McNamee had suffered three strokes, that he had difficulty walking especially up hill, and that he used a cane on occasion for steadiness. Id. at 241. Dr. Zaremba reported observing that McNamee’s lungs were clear, that his heart rate and rhythm were “regular ... without gallop, murmur or rub,” that he had “no clubbing, cyanosis or edema,” that he had “full” range of motion, and that his gait was somewhat slow and steady but that he could “ambulate without a cane.” Id. at 243. Dr. Zaremba also noted that McNamee suffered no spasms or deformity of his back and complained only of mild pain, that a heel/toe walk was difficult for him but that station was normal, and finally, that neurologically McNamee had “grossly intact” motor skills, apparently intact sensory perception, equal reflexes, *922 5/5 grip, and no atrophy. Id. In assessing McNamee’s physical capabilities, Dr. Zaremba suggested that he could be expected to lift ten pounds occasionally or less frequently, that he could sit for six hours and stand for one hour of any eight hour workday, and that he might occasionally need a cane for balance. Id. at 245. Based on these observations, he concluded that McNamee should never do pushing or pulling movements, operate motor vehicles, work around hazardous machinery, dust or allergens, that he would be unsteady climbing stairs, and that he could occasionally grasp, twist, bend and stoop, and that he would have no trouble with fine manipulation or reaching. Id. Finally, progress notes from the period covering 16 June to 29 August 2003 from the VA Medical Center in Birmingham indicate that McNamee had no ankle edema, regular heart rate and pulse, clear lungs, no muscle tenderness or proximal weakness and, apart from an abdominal hernia and continued smoking, appeared to be “doing fairly well.” Id. at 260.

Finally, at the hearing, McNamee testified that he currently worked at a flea market as a dealer (four to five days a month), that he had also worked there as a short order cook within the last few years, and that he had worked there the previous year as a security guard (two or three days a week for up to nine hours a day) and still filled in when they needed someone. Id. at 281-84. The ALJ asked a vocational expert, Claude Peacock, the following hypothetical question:

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
164 F. App'x 919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-e-mcnamee-v-social-security-admin-ca11-2006.