Jacoby v. Barnhart

93 F. App'x 939
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 23, 2004
DocketNo. 03-2550
StatusPublished
Cited by8 cases

This text of 93 F. App'x 939 (Jacoby v. Barnhart) 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
Jacoby v. Barnhart, 93 F. App'x 939 (7th Cir. 2004).

Opinion

ORDER

Donald Jacoby seeks disability insurance benefits, alleging that he is unable to work due to arthritis in his left knee. The ALJ found that although Jacoby has physical limitations and cannot perform his past relevant work, he retains the capacity to perform other occupations within the national economy and is therefore not entitled to benefits. The district court affirmed the Commissioner’s denial of benefits. We affirm the judgment of the district court.

I. Background

In 1995 Jacoby, then 53 years old, was working as a traction motor repairman for General Electric when he injured his left knee at work. Jacoby sought treatment from Dr. Dale Doerr, an orthopedic surgeon, who performed arthroscopic knee surgery in August 1995. This was Jacoby’s second arthroscopic surgery on his knee; the first was in 1980. After two months of physical therapy, Jacoby returned to work with no restrictions. In April 1998, however, Jacoby reinjured his knee getting out of a car. Dr. Doerr recommended another arthroscopic surgery, which he performed the following month.

As Jacoby recovered from surgery, Dr. Doerr noted that he continued to have problems with pain and swelling of the knee, and had not yet regained a full range of motion. Dr. Doerr’s treatment notes reflect that in July, Jacoby complained of crunching in his knees, difficulty kneeling, and knee pain if he stood for more than 45 minutes or an hour. Dr. Doerr reported that Jacoby’s knee continued to swell, but he had a range of motion in his left knee from 0 to 125 degrees (the normal degree of full flexion is 0 to 130-135 degrees). Dr. Doerr allowed Jacoby to go back to work with the following restrictions: “No standing for longer than one hour at a time, minimal ladder climbing and no kneeling.” Dr. Doerr prescribed Naprosyn, an anti-inflammatory drug. Dr. Doerr stated that although Jacoby’s condition probably would not get much better, “he may improve to the point where he will be able to do a normal standing type of a job.”

Dr. Doerr saw Jacoby for the last time on August 12; 1998, and found his physical condition to be basically unchanged from July. Dr. Doerr discussed with Jacoby the possibility of performing a total knee replacement in the future. Dr. Doerr referred Jacoby for a second opinion to Dr. Dennis Dusek, an orthopedic surgeon. Dr. Dusek examined Jacoby and agreed with Dr. Doerr’s assessment of his physical limitations. Dr. Dusek recommended that Jacoby continue with a “conservative course” of treatment until he could no longer walk a few blocks, and then a total knee replacement would be appropriate.

In February 1999 Jacoby applied for disability insurance benefits as of August 26, 1998, because of the arthritis in his left knee. In March 1999 Dr. Eugene Wenthe, [941]*941a state agency doctor, examined Jacoby and noted that he had swelling in his left knee, but could extend his knee and had flexion of 0 to 110 degrees. Dr. Wenthe noted that Jacoby’s gait was unassisted and that he could walk further than 50 feet without assistance, but that he tended to favor his right side. Dr. Wenthe’s notes reflect that the only medication Jacoby was taking was an aspirin once or twice per day.

In April 1999 another agency doctor, Dr. D. Widious, examined Jacoby and performed a Residual Functional Capacity (RFC) assessment. Dr. Widious considered Dr. Doerr’s and Dr. Dusek’s records and found that Jacoby’s physical limitations matched those outlined in Dr. Doerr’s treatment notes. Adopting the physical restrictions outlined in the notes of Dr. Doerr and Dr. Dusek, Dr. Widious determined that Jacoby was “reasonably capable of light work activity with only occasional climbing, stooping, crouching, kneeling and crawling.” Dr. B. Rock Oh, another agency doctor, reviewed both Jacoby’s medical records and Dr. Widious’s report, and agreed with Dr. Widious’s assessment.

Jacoby provided the only testimony during his administrative hearing in October 1999. He testified that his knee swelled every day and that he had continual pain, which he registered as seven or eight on a ten-point scale. He testified that Dr. Doerr required him to elevate his leg during the day to help alleviate the pain, and that he needed to do so six or seven hours every day. He stated that he could stand or walk for only 10 or 15 minutes at a time and only for one or two hours total during an eight-hour work-day. Jacoby testified that, if allowed to elevate his leg, he could sit for half an hour at a time. The ALJ questioned Jacoby about his daily activities, and he responded that he did not do much of anything during the day except “watch a little TV, read a little bit,” and perform a few household chores, such as light dusting.

Before the hearing, the ALJ requested that a vocational expert (VE) examine Jacoby’s medical records and give his opinion as to whether there were jobs that Jacoby could perform with his physical limitations. The VE considered Jacoby’s physical limitations in determining that Jacoby could no longer work as a traction motor repairman. However, the VE found that Jacoby’s skills from past work could be transferred to light work jobs, such as an electric motor fitter for railroad equipment, an electric motor assembler, or an electric motor analyst.

In October 1999, after the administrative hearing, Jacoby’s attorney sent a three-page questionnaire to Jacoby’s treating physician, Dr. Doerr. The questionnaire asked several questions about Jacoby’s physical limitations and Dr. Doerr responded by ticking off the box next to the answer “yes” or “no” after each question. He did not expand on any of his answers. Under the section marked “Ex-ertional Limitations,” Dr. Doerr agreed with the statement that Jacoby could only perform “Sedentary Work” and suffered from “Moderately Severe” pain that would “Frequently (34-66%)” interfere with his ability to “maintain attention and concentration” and attend work on a regular basis. Dr. Doerr answered yes to the question: “Is it necessary for the patient to elevate the leg at waist level or above for two or more hours out of an eight hour day, as needed, for relief of pain and/or swelling?” Although Dr. Doerr had not examined Jacoby since August 12,1998, he agreed with the statement that Jacoby’s “symptoms and limitations existed at the same or similar degree of severity since 8/26/98.”

[942]*942In his decision, the ALJ applied the requisite five-step framework for determining benefit eligibility. The ALJ found that Jacoby had not been gainfully employed since his claimed disability began; that he did not suffer from impairments that met or equaled the level of severity of a listed impairment; that his arthritis prevented him from performing his past relevant work; but that Jacoby could perform light work with some non-exertional limitations. The ALJ applied the Medical Vocational Guidelines (the “grid”) and found that Jacoby, even though 53 years old (qualifying as “approaching advanced age”), was not disabled. See 20 C.F.R. Part 404, Subpt. P, App. 2 §§ 202.14, 202.15 (2002).

The appeals council denied Jacoby’s request for another hearing and Jacoby timely petitioned for review in the district court. The district court affirmed the ALJ’s decision, and Jacoby now appeals.

II. Analysis

The ALJ’s conclusions are reviewed deferentially and should be upheld if reached under the correct legal standard and supported by substantial evidence. Schmidt v. Apfel,

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Bluebook (online)
93 F. App'x 939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacoby-v-barnhart-ca7-2004.