Jack Dixon v. Joanne B. Barnhart, Commissioner of Social Security

324 F.3d 997, 2003 U.S. App. LEXIS 6420, 2003 WL 1786664
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 4, 2003
Docket02-2105
StatusPublished
Cited by41 cases

This text of 324 F.3d 997 (Jack Dixon v. Joanne B. Barnhart, Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jack Dixon v. Joanne B. Barnhart, Commissioner of Social Security, 324 F.3d 997, 2003 U.S. App. LEXIS 6420, 2003 WL 1786664 (8th Cir. 2003).

Opinion

MELLOY, Circuit Judge.

Appellant Jack Dixon appeals the district court’s affirmance of his termination of disability benefits. We reverse and remand for further development of the factual record.

I.

Appellant Jack Dixon was born on August 21, 1948. He received a ninth grade education and worked as a truck driver *999 and heavy equipment operator. Dixon suffered a job related injury on January 9, 1989, when he fell off a loading dock and injured his tail bone, resulting in an LI vertebral body compression fracture, para-lumbar muscle strain, myositis with myos-pasticity, and a coccygeal contusion. Dr. Hermie Plunk, a primary care physician, was Dixon’s treating physician. Dr. Plunk has continued to treat Dixon throughout this appeal. Dixon also had trouble with his vision for a number of years. Dixon received treatment for his vision problems from Dr. Roger Baker, an ophthalmologist. Dr. Baker concluded Dixon had only hand motion vision in the right eye, and 20/25 vision in the left eye.

In June of 1989, Dixon filed an application for disability insurance benefits and for supplemental security income benefits alleging a disability onset date of January 9, 1989, due to an injured tail bone and poor vision. On May 3, 1990, Dixon was awarded benefits on his claim with an onset date of January 9,1989.

In 1994, while Dixon was still receiving disability benefits based on his back and vision problems, he began to have heart problems. Dr. Fraser Richards successfully performed coronary artery bypass surgery on Dixon on June 1, 1994. Dixon continued to see his primary care physician, Dr. Plunk, for cardiac problems, hypertension, and anxiety, while also seeing Dr. Richards for his cardiac problems. From June 21, 1994, through December 17,1996, Dr. Plunk saw Dixon a number of times for cardiac and non-cardiac symptoms and for medication management.

Dixon was admitted to the hospital on May 24, 1997, for chest pain. While in the hospital, a cardiac catheterization revealed coronary atherosclerotic disease ranging from mild stenosis in some arteries to severe stenosis or total occlusion in others. Tests performed on Dixon revealed he had sinus bradycardia. He was diagnosed with non-cardiac chest pain, coronary artery disease, hypertension, and a history of tobacco abuse. Dixon was discharged on May 26, 1997, with a medication regime that included Ecotrin, Nitroglycerin, Nor-vasc, and Xanax. The medication regime was altered throughout 1997 by Dr. Plunk and Dr. Richards as Dixon continued to experience symptoms. A June 13, 1997, stress test revealed that Dixon failed to achieve the target heart rate and that he had abnormal blood pressure.

The Social Security Administration continued to review Dixon’s disability award through the continuing disability review process. A March 17, 1998, report by Dr. Plunk, performed at the request of the Social Security Administration, stated that Dixon’s physical ability to perform activities of daily living were limited by coronary artery disease, post CASG triple bypass surgery, unstable angina, hypertension, hystoplasmosis, hiatal hernia, difficulty hearing, and decreasing vision. Dr. Richards, Dixon’s treating cardiac surgeon, gave no opinion on Dixon’s work-related or daily living activities.

In a letter dated April 26, 2000, Dr. Plunk reiterated her previous diagnosis and concluded: “[Dixon’s] overall health condition at this time is weakened yet stable with medication. He cannot work in extreme heat or cold. He cannot lift over ten pounds. He cannot return to his previous occupation in construction as a heavy equipment operator nor truck driver. I do not expect his condition to improve.”

On May 3, 1998, Dr. Robert Redd reviewed the medical evidence in Dixon’s record to make a capacity assessment 2 . *1000 Dr. Redd did not treat nor did he examine Dixon. Dr. Redd did not have the statements of Dr. Plunk or Dr. Swingle regarding Dixon’s work limitations. Dr. Redd concluded that Dixon had a medium level residual functional capacity (RFC) reduced by vision-related limitations.

Dixon also underwent, at the request of the Social Security Administration, a consultative examination performed by Dr. Charles Swingle on May 5, 1998. Dr. Swingle diagnosed Dixon with post-bypass coronary artery disease, hypertension, blindness in the right eye, hiatal hernia, and histoplasmosis. Dr. Swingle stated that Dixon was “probably unable to be gainfully employed due to the severity of [coronary artery disease] and blindness in [the] right eye.”

Dr. F. Joseph George, with the Jones-boro Eye Clinic, also treated Dixon in 1998 and 1999. Dr. George concluded that Dixon’s best corrected central visual acuity was the ability to count fingers with the right eye and 20/20 vision in the left eye. This represented a slight improvement in Dixon’s left eye vision. Dr. George did not believe that the poor vision in the right eye could be improved with treatment. Dr. George did note early cataract changes in each eye.

Pursuant to the continuing disability review process, Dixon received a notice of disability cessation on May 18, 1998. The communication notified Dixon that he was no longer disabled as of May 1, 1998, and that his final benefits payment would be made on July 31, 1998. This decision was affirmed on reconsideration before a disability hearing officer on June 24, 1999. On June 27, 2000, an ALJ upheld the determination that Dixon was no longer disabled within the meaning of the Social Security Act. Dixon was not represented by counsel at the hearing. The Appeals Council declined to review the decision. After retaining counsel, Dixon sought judicial review of the ALJ’s final decision and on March 28, 2002, a United States Magistrate Judge affirmed the ALJ’s determination that Dixon was no longer disabled. On appeal, Dixon contends the ALJ’s decision was not supported by substantial evidence.

II.

We review the denial of benefits pursuant to the continuing disability review process for substantial record evidence to support the ALJ’s decision. See Muncy v. Apfel, 247 F.3d 728, 730 (8th Cir.2001). Substantial evidence is relevant evidence that reasonable minds might accept as adequate to support the decision. Hunt v. Massanari, 250 F.3d 622, 623 (8th Cir.2001). Therefore, the narrow issue on appeal is whether there is substantial record evidence to support the ALJ’s determination that Dixon could perform medium work.

The continuing disability review process is a sequential analysis prescribed in 20 C.F.R. § 404.1594(f).

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Bluebook (online)
324 F.3d 997, 2003 U.S. App. LEXIS 6420, 2003 WL 1786664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jack-dixon-v-joanne-b-barnhart-commissioner-of-social-security-ca8-2003.