Johnny Parks v. Social Security Administration

413 F. App'x 856
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 15, 2011
Docket09-6437
StatusUnpublished
Cited by45 cases

This text of 413 F. App'x 856 (Johnny Parks v. Social Security Administration) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnny Parks v. Social Security Administration, 413 F. App'x 856 (6th Cir. 2011).

Opinion

OPINION

HELENE N. WHITE, Circuit Judge.

Johnny S. Parks appeals the denial of his application for disability insurance and supplemental security income benefits. After suffering a heart attack and undergoing coronary bypass surgery in early June 2005, when he was 53 years old, Parks was unable to continue working as a truck driver and heavy equipment operator and sought benefits. Parks’s claim was heard by an administrative law judge, who concluded that Parks became disabled when he turned 55 years old in February 2007, but that he was not disabled prior to this time. The district court upheld this decision. We AFFIRM.

I.

A.

Plaintiff Johnny S. Parks has spent most of his career working as a coal-truck driver and heavy equipment operator in the coal-mining industry. He was first examined by a physician for heart-related medical problems on August 19, 2003. On this occasion, he was treated by Dr. Stuart J. Bresee at the University of Tennessee Memorial Hospital. Parks underwent heart catheterization, coronary angiography, and left ventriculography. He was diagnosed with mild coronary-artery disease, but no limitations were placed on his level of physical exertion and he continued to work after undergoing this examination.

Parks claims that he became disabled as of March 31, 2005. On this date, Parks experienced chest pain, shortness of breath, and weakness while at work. He was evaluated by Dr. Bruce Woodall and stayed overnight at Jellieo Community *858 Hospital. Parks was discharged with the following diagnosis: “(1) chest pain, myocardial infarction excluded, suspicious for angina; (2) mild coronary artery disease; (3) gastroesophogeal reflux disease; (4) hyperlipidemia; and (5) mild obesity.” The discharge report stated that Parks’s prognosis was good and did not suggest that he would be limited with respect to his work abilities. Parks returned to work following his brief hospital stay.

On June 3, 2005, Parks was admitted to Jellico Memorial Hospital complaining of chest pain and discomfort that arose while he was resting. Dr. Clint Doiron performed a cardiac catheterization and recommended that Parks undergo coronary-artery bypass surgery. Parks was then transferred to the Baptist Hospital of East Tennessee where he was seen by Dr. Lacy Harville. Dr. Harville performed coronary bypass surgery on June 7, 2005. On June 11, 2005, Parks was discharged from the hospital with the following instructions: “no smoking and avoid second-hand smoke. No heavy lifting over 10 pounds or driving at this time. Call the office for temperatures greater than 101.” Ten days after being discharged, Parks first applied for disability status with the Department of Disability Determination in Frankfort, Kentucky.

On June 27, 2005, Dr. Harville sent a letter to Dr. Doiron with an update on Parks’s status. Dr. Harville stated that Parks was “doing remarkably well” and that, as of the date of the communication, he was permitted to resume driving, but was “cautioned ... to avoid lifting anything heavier than 15 pounds for the first three months after his surgery.”

Approximately two months later, on August 26, 2005, Dr. John N. Boll, Parks’s primary-care physician, conducted a follow-up examination and observed that 'Parks’s

cardiologist has noted that he does not want [Parks] to return to his job at the present time; he works as a heavy machine operator. There is really no light duty at his occupation. The possibility of returning there in the future may be, however he’ll most likely be off several months, at least until he sees the cardiologist.

Following an October 18, 2005 examination, Dr. Boll noted that Parks’s chest pain was almost gone, that he was feeling well, and that he “was wondering about going back to work.” Dr. Boll further stated that he encouraged Parks to call him “if he were to find a job that he would be able to perform. At which point we could discuss with cardiology about releasing him to go back.”

Parks attempted to return to his job as a heavy equipment operator at some point between October and November 2005. In a letter dated November 2, 2005 from Dr. Doiron to Parks, Dr. Doiron reported that Parks had “attempted to go back to work and found that [he] was unable to do this.” Dr. Doiron also opined that Parks had “not really recovered yet from the surgery” and that he exhibited chest pains and pain in the muscles and joints. Dr. Doiron ultimately recommended that Parks continue his cardiac rehabilitation, stating:

You have attempted to go back to work and found that you are unable to do this. This has been documented. I would say that we do not have all of the answers yet. We just need to back off on your Crestor which could be causing some of these symptoms.... Obviously you will not be able to work for an indeterminate amount of time until we ascertain the exact etiology of your problems.

On December 16, 2005, Dr. Boll conducted a follow-up examination and reported that Parks returned to work “for a day and a half but ended up having significant *859 [chest pain], got hospitalized and ended up being put off work until February by his cardiologist. He has been frustrated by this.”

A myocardial perfusion scan done on February 9, 2006 was abnormal, revealing anterior wall ischemia and an ejection fraction of 55%. Based on an examination conducted the same day, Dr. Doiron observed that Parks had “chest discomfort and shortness of breath when he trie[d] to exert himself.” As a result, on March 16, 2006, Dr. Doiron performed a percutaneous transluminal coronary-angioplasty with stenting of the left main coronary artery. Dr. Doiron reported that Parks “had an excellent result” from the stenting. On May 4, 2006, Parks returned to Dr. Doiron’s office for a follow-up examination and saw Physician’s Assistant Eric Dickenson. Parks reported that in general he was feeling fairly well despite the fact that he still had some chest wall soreness and musculoskeletal-type discomfort. Erickson saw no changes from Parks’s July 2005 electrocardiogram. He noted that Parks was walking thirty-five minutes a day.

On October 24, 2006, Parks saw Dr. Boll and complained of mild shortness of breath during exercise. Dr. Boll said that this could be bronchospasm and recommended some medication. He asked that Parks come in for a follow-up visit in three months. Parks also told Dr. Boll that he had difficulty with his hands and neck. Dr. Boll recommended pain medication and noted that Parks would wait to decide whether he wanted to be referred to a specialist to address this issue.

On June 6, 2007, Dr. Boll wrote in a letter that Parks had “ongoing issues in relationship to his coronary artery disease,” which had “made it very difficult [for Parks] to perform tasks around his house ... [and] in a work environment.” Although he stated that he did not conduct disability exams in the office, Dr. Boll recommended that Parks be restricted to walking for only one hour, standing for fifteen to twenty minutes, and sitting for thirty minutes at a time.

Several doctors evaluated Parks in connection with his request for disability benefits. On October 4, 2005, Dr.

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