Kathleen Briscoe, on Behalf of Nelson Taylor, Deceased v. Jo Anne B. Barnhart, Commissioner of Social Security

425 F.3d 345, 2005 U.S. App. LEXIS 20399, 2005 WL 2319148
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 23, 2005
Docket04-2251
StatusPublished
Cited by1,444 cases

This text of 425 F.3d 345 (Kathleen Briscoe, on Behalf of Nelson Taylor, Deceased v. Jo Anne B. Barnhart, Commissioner of Social Security) 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
Kathleen Briscoe, on Behalf of Nelson Taylor, Deceased v. Jo Anne B. Barnhart, Commissioner of Social Security, 425 F.3d 345, 2005 U.S. App. LEXIS 20399, 2005 WL 2319148 (7th Cir. 2005).

Opinion

WOOD, Circuit Judge.

This is a somewhat unusual Social Security appeal. After an Administrative Law Judge (ALJ) rejected Nelson Taylor’s application for disability benefits under Title II of the Social Security Act, 42 U.S.C. § 423, he appealed and persuaded the district court to remand the case for an award of benefits. The Commissioner of the Social Security Administration is thus the appellant before us; she argues that the district court erred in its conclusion that the ALJ’s decision rejecting Taylor’s application was not supported by substantial evidence. We conclude that the record permits neither rejection of Taylor’s claim nor an immediate award of benefits, and we thus remand the case to the agency.

I

Taylor (who has since passed away and is now represented by Kathleen Briscoe, his sister) applied for Supplemental Social Security Income (SSI) benefits under Title XVI of the Social Security Act (SSA) on May 1, 1993. He was awarded benefits effective the date of his application. On December 11, 1996, at the age of 55, he filed an application for disability insurance benefits (DIB) under Title II of the SSA, 42 U.S.C. § 423, claiming disability as a result of poor circulation in the legs and alleging an onset date of March 1, 1987, the date he was last employed. He claimed that he had a fifth grade education, he did not read or write well, and he could not understand a lot of words when attempting to read a newspaper. He worked as a forklift and machine operator for a steel mill for ten years until 1986, then as a forklift operator for the Leaf Brand Company. He stopped working on March 1, 1987, claiming that the repetitive foot movement required in driving a forklift caused him significant leg pain.

Taylor’s application was denied initially and upon reconsideration, prompting him to request a hearing before an ALJ. On March 18, 1998, ALJ B. Carlton Bailey, Jr., held a hearing at which Taylor and a medical expert, Dr. David Abramson, testified. Because Taylor was already receiving SSI benefits and his insured status for Title II disability benefits expired on March 31, 1991, the ALJ acknowledged that the only issue to be resolved was when Taylor became disabled — the so-called onset date. (In order to be entitled to DIB, an individual must establish that the disability arose while he or she was insured for benefits. See 42 U.S.C. §§ 423(a)(1)(A), (c)(1); 20 C.F.R. § 404.131; Stevenson v. Chater, 105 F.3d 1151, 1154 (7th Cir.1997)).

*349 At the hearing, Taylor testified that by early 1987, his impairments were so severe that he was only able to walk approximately one-half block before his legs would cramp, forcing him to rest and massage them. He also testified that the pain prevented him from helping with household chores, visiting friends, or taking part in his favorite pastimes. In late 1993 or early 1994 (after the expiration of his insured status), Taylor developed a leg ulcer that did not heal. By 1994, he was able to walk only ten or twelve steps without having to sit down. After undergoing femoral bypass surgery in 1994 to remove a blockage in a main artery, the pain in his legs lessened somewhat and he was able to walk about two blocks. Shortly thereafter, he underwent another operation, this time to alleviate stomach pain. Following this procedure, his doctor instructed him to refrain from lifting more than twenty pounds.

The evidence submitted with Taylor’s claim included medical records covering the period prior to the expiration of his insured status. Between 1985 and 1990, Taylor visited the Chicago Hamblin Medical Center on several occasions. On December 1, 1986, he complained of nausea and dizziness and was referred for testing to rule out the possibility of an intra-abdominal tumor. His treatment notes on December 15, 1986, although mostly illegible, indicated that Taylor was to be released to return to work on January 5, 1987. Notes taken on January 6, 1989, reported rectal bleeding, weight loss, and dizziness. Taylor next saw a doctor on January 7, 1990, for bilateral leg cramps after walking a block or so. The doctor prescribed Trental to treat his leg pain. February 5, 1991, medical notes indicated that Taylor again complained of leg pain on this visit. The doctor did not conduct any tests to explore what was causing this condition; he simply instructed Taylor to continue treatment at home.

Taylor had continual health problems from mid-1993 forward. He went to the doctor on May 28, 1993, after the expiration of his insured status, complaining of back pain and pain in both legs and the inability to walk more than a block without resting; his weight had also dropped 21 pounds. On a January 7, 1994, visit, Taylor reported pain in the left leg, and the doctor’s notes recorded poor peripheral pulses. A few days later, on January 14, 1994, he returned to the medical center. Notes from that visit report a history of alcoholism and peripheral neuropathy. Taylor was hospitalized for the non-healing ulcer in the left leg, abdominal aorta occlusion, obstructive chronic bronchitis, and cellulitis of the leg from June 14 to July 1, 1994. A June 17,1994, consultation report for vascular surgery indicated a long-history of claudication pain in the lower extremities, with severe hip pain lasting six to seven months, and a non-healing ulcer in the left leg. On June 20, his aorto-femoral angiograms revealed a complete occlusion in an artery for which he underwent bypass surgery to remove the blockage and to repair blood vessels on June 24.

The medical expert, Dr. Abramson, opined that Taylor had disabling conditions as of 1994, including severe arteriosclerosis obliterans, a block in the abdominal aorta, and intermittent claudication, which causes pain when the muscles are being exercised. The doctor was unsure, however, how long the conditions had existed. He explained that these are slowly progressing ailments, in some cases taking three years or longer to develop and in others a shorter period of time, depending on an individual’s rate of cholesterol metabolism. Dr. Abramson believed that the only way to establish an onset date would be to review the objective data from treatment tests conducted dur *350 ing the qualifying time period (that is, from the claimant’s alleged onset date until the last date insured) for references to the absence or reduction of pulses or whether signs of arteriosclerosis were present in the lower extremities. He suggested that the 1993 SSI application file might provide some of this information.

After the hearing, the ALJ found that Taylor did not have a severe impairment on or before March 31, 1991, when his insured status expired and thus he was not entitled to DIB. The ALJ’s decision became the final decision of the Commissioner on July 28, 2000, when the Appeals Council denied Taylor’s request for review.

Taylor subsequently filed a complaint in district court seeking review of the agency’s denial of benefits pursuant to 42 U.S.C.

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

Related

Abudayyeh v. Bisignano
N.D. Illinois, 2025
Hann v. Bisignano
N.D. Illinois, 2025
Scott v. Bisignano
N.D. Illinois, 2025
MCDOWELL v. BISIGNANO
S.D. Indiana, 2025
Geiler v. Kijakazi
E.D. Washington, 2022
Morales v. Saul
N.D. Illinois, 2022
Weber v. Saul
N.D. Illinois, 2022
Afanador v. Saul
N.D. Illinois, 2022
Garland v. Saul
N.D. Illinois, 2022
Strand v. Saul
N.D. Illinois, 2022
Gail Martin v. Andrew M. Saul
950 F.3d 369 (Seventh Circuit, 2020)
Jackson v. Saul
N.D. Illinois, 2020
Frazier v. Berryhill
N.D. Illinois, 2019
Myles v. Berryhill
N.D. Illinois, 2018
Sean Walker v. Nancy Berryhill
Seventh Circuit, 2018
Richardson v. Colvin
N.D. Illinois, 2018
Kenneth Scrogham v. Carolyn Colvin
765 F.3d 685 (Seventh Circuit, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
425 F.3d 345, 2005 U.S. App. LEXIS 20399, 2005 WL 2319148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kathleen-briscoe-on-behalf-of-nelson-taylor-deceased-v-jo-anne-b-ca7-2005.