Hamor v. Massanari

15 F. App'x 349
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 19, 2001
DocketNo. 00-3837
StatusPublished

This text of 15 F. App'x 349 (Hamor v. Massanari) 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
Hamor v. Massanari, 15 F. App'x 349 (7th Cir. 2001).

Opinion

ORDER

Jeffrey Hamor applied for Social Security Income (“SSI”) due to degenerative arthritis in his ankle, but an administrative law judge (ALJ) denied his application, concluding that he was not disabled. After Hamor’s condition worsened and he needed to use a cane, Hamor sought reconsideration to present evidence of the change in his condition. The ALJ again denied the claim, and Hamor then filed suit in district court, arguing that the evidence of his disability was so clear that the Commissioner of Social Security should be directed to award him benefits. The Commissioner acknowledged factual gaps in the record and moved to remand the case for a rehearing. The district court rejected Hamor’s request for an outright award of benefits and granted the Commissioner’s motion to remand. Hamor appeals, and we affirm.

I.

This case has an extensive and complicated procedural history. In December 1995 Hamor applied for SSI and disability insurance due to degenerative arthritis (osteoarthritis) resulting from a 1983 ankle injury and defective hardware from reconstructive surgery. The Social Security Administration denied his claims in January 1996 and his subsequent motion for reconsideration. Hamor requested review by an ALJ so that he could present evidence of his recent need to use a cane and other changes in his condition. An ALJ held a hearing in August 1996 and denied his claim the following month. Hamor then requested review from the Appeals Council. In September 1997 the Appeals Council remanded the SSI claim for reconsideration in light of an August 26, 1996 report from Dr. Neni Prasad, Hamor’s treating physician, which indicated that Hamor had a limited range of motion in his ankle and walked with a cane.

Another hearing on Hamor’s SSI claim was held in December 1997, and the ALJ again denied benefits because Hamor retained the residual functional capacity to perform a wide range of jobs in the current economy. The ALJ discounted both Hamor’s testimony and Dr. Prasad’s report regarding the severity of his ankle condition because they were inconsistent with other objective medical evidence. For example, Dr. Prasad opined that Hamor’s ankle was functionally limited and Hamor was unable to sit for more than two hours. But the ALJ noted that this opinion was directly contradicted by the observations of other States Agency reviewing physicians as well as Hamor’s own testimony that he engages in daily activities that require sitting for several hours. The ALJ further discounted Hamor’s claims of discomfort because Hamor had not been diligent in his treatment and had, in fact, last seen Dr. Prasad more than 15 months before the hearing and had not followed up on Dr. Prasad’s referral to an orthopedic specialist during that time. The Appeals Council denied Hamor’s subsequent request for review.

Hamor then filed a complaint in district court, challenging the agency’s decision. The Commissioner sought a remand for the ALJ to evaluate the effect of Hamor’s need to use a cane on his ability to perform sedentary jobs. The court denied Hamor’s summary judgment motion, but, on the Commissioner’s motion, reversed and remanded the case pursuant to sentence four of 42 U.S.C. § 405(g), which authorizes the court to remand the case to [351]*351SSA for further action by the Commissioner. In remanding, the court directed the ALJ to make findings regarding (1) the effect of Hamor’s use of a cane on his ability to work; (2) whether the physicians who opined that Hamor had to use a cane should be regarded as “treating physicians”; and (3) whether Hamor’s condition would improve after surgery, thus satisfying a condition of Listing 1.03 of the Social Security disability regulations. See 20 C.F.R. § 404, Subpt. P, App. 1., Listing 1.03.2

Another ALJ presided at Hamor’s hearing after remand. At the hearing Hamor and a vocational expert, J. Stephen Dolan, testified. Hamor stated that he was 39 years old, had a GED, and had last worked in 1988 as an oil change technician. He stated that he could no longer perform this kind of work because his ankle injury prevented him from standing for more than two hours at a time. He stated that he could walk with a cane, but that he had to sit frequently due to the pain in his ankle. He added that when he awakened, his ankle was extremely stiff and he could not move it for about an hour. He would take Tylenol to alleviate the pain in the morning and wear high-top boots to support his ankle. He also testified that he spent much of his day reading, watching television, or operating an amateur radio. He was able to wash and dress himself and occasionally used the bus for transportation. Dolan testified that despite these limitations, Hamor could perform numerous sedentary jobs, including work as a cashier or food and beverage clerk. Dolan also stated that there were thousands of these types of positions throughout the Central Illinois area where Hamor lived.

Also in the record were reports from three physicians whom Hamor visited in 1996, 1997 and 1998, respectively. The medical reports essentially confirmed Hamor’s ankle injury and the presence of defective hardware from prior corrective surgery. But the physicians’ diagnoses were not identical and varied with respect to the ankle’s residual function and range of motion. As noted earlier, Dr. Prasad stated that Hamor was unable to bear weight on his left foot, that he experienced severe pain, and that he was unable to sit for more than two hours. Dr. Prasad referred Hamor to orthopedic specialist Dr. Idusuyi, who opined that Hamor suffered from degenerative arthritis and recommended an MRI, EMG and corrective surgery. Finally Dr. Howath, who reviewed the records and reports of the other physicians, found that Hanor’s ankle did not exhibit extreme motion abnormalities but noted that Hamor could stand for only limited amounts of time.

The ALJ then analyzed Hamor’s claims under the five-step test for determining disability. See 20 C.F.R. §§ 404.1520, 416.920. The ALJ found that Hamor satisfied the first and second steps of the five-step test because he had a severe impairment, including “degenerative changes” in his ankle. But the ALJ concluded that Hamor was not “disabled” because he failed to meet the third step—namely, his ankle condition did not meet or exceed one of the impairments specified in Listing [352]*3521.03. The ALJ further concluded that Hamor retained the residual functional capacity to perform a range of sedentary work that is not impeded by use of a cane. The ALJ did not, however, determine whether Hamor’s physicians were “treating physicians” or whether Hamor’s condition would be improved by surgery. The Appeals Council declined to review Hamor’s claim.

Hamor, proceeding pro se, filed the present action in district court. In July 2000 he moved for summary judgment, claiming that the ALJ’s denial of benefits was not supported by substantial evidence and that the record supported an outright award of benefits. In September the Commissioner moved to remand the case for further factual inquiry into Hamor’s ankle condition; the Commissioner noted that the most recent evidence pertaining to Hamor’s ankle dated back to January 1998, two years before the ALJ’s decision.

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15 F. App'x 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamor-v-massanari-ca7-2001.