Keith v. Massanari

17 F. App'x 478
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 23, 2001
DocketNo. 00-2019
StatusPublished
Cited by3 cases

This text of 17 F. App'x 478 (Keith 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
Keith v. Massanari, 17 F. App'x 478 (7th Cir. 2001).

Opinion

ORDER

Kenneth Keith filed an application, his sixth, for Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act, alleging disability since March 10, 1977, based on back problems and a foot deformity caused by childhood polio. The Administrative Law Judge (“ALJ”) found that Keith was not disabled because his impairments did not prevent him from performing light work. Keith filed this action under 42 U.S.C. § 405(g), alleging that the ALJ was biased against him and thus improperly minimized the significance of his foot deformity. The district court dismissed the claim, and Keith appeals. We reverse and remand for further proceedings.

Keith, who was born in 1951, completed high school and has past relevant work as a factory worker. He has not worked since 1977, when he injured his back while lifting a heavy object at his job. When he was last insured for benefits, on September 30,1982, he was 30 years old.

1. Medical Evidence

The district court’s opinion exhaustively discusses the medical evidence. Because the record is quite sizeable, for the sake of brevity we have summarized much of the evidence here.

[479]*479In 1977 Keith was admitted to the hospital after a back injury. Diagnostic testing revealed that he had moderate narrowing of the spine and a possible herniated disc. In May 1977 neurologist Dr. Manual Cac-dac performed surgery on Keith’s lower back.1 Dr. Cacdac later reported to Keith’s employer that Keith could not perform his regular work duties and was entitled to a permanent partial disability rating of 20 percent. Dr. Cacdac diagnosed Keith as suffering from arachnoiditis.2

Between 1978 and 1983 Keith saw a series of examining physicians, who reached varying opinions about his condition. These doctors agreed, however, that Keith was limited in his ability to stand, sit, bend, stoop, and carry weights heavier than five to ten pounds due to his back problems. All of the examining doctors also generally noted that Keith’s right foot was deformed, with a high arch, apparently due to childhood polio.

Of particular relevance to this appeal is the competing testimony of two medical experts: Dr. Charles Bonsett, a neurologist, who testified at a 1987 Supplemental Security Income (“SSI”) hearing that in his opinion Keith met or equaled a Listing of Impairment to qualify him for disability benefits; and Dr. Robert Hutson, an orthopedic surgeon, who testified at the 1997 hearing on Keith’s current application for DIB that he did not believe Keith met or equaled a Listing. In 1987, Dr. Bonsett had concluded that Keith met or equaled Listing 1.05C, relating to the museuloske-latal system, because of the combined effects of Ms back problems and foot deformity. Eligibility under Listing 1.05C requires a claimant to demonstrate that he suffers from a vertebrae disorder with the followmg symptoms persistmg for at least three months despite prescribed therapy: (1) pain, muscle spasm, and significant limitation of motion of the spine; and (2) appropriate radicular distribution of significant motor loss with muscle weakness and sensory and reflex loss. 20 C.F.R. § 404, Subpt. P, App. 1, § 1.05C. Dr. Bonsett testified that, although Keith did not have the reqmsite muscle spasm, the residual effects of polio were just as significant and he thus met or equaled the Listmg. Dr. Bonsett did not examme Keith; Ms opmion was based largely on a 1987 exam by another physician.

Contrary to Dr. Bonsett’s opimon, Dr. Hutson testified at the hearing on Keith’s current application for DIB that, based on Ms review of the medical evidence, Keith did not meet or equal Listmg 1.05C because he did not have the appropriate motor loss with muscle weakness, sensory loss, or reflex loss. Dr. Hutson also disagreed with Dr. Bonsett’s conclusion that Keith met Listing 1.05C when he was awarded SSI benefits m 1987. Dr. Hutson concluded that there was no evidence Keith had any residual loss of function from polio except for whatever limitations he experienced as a result of havmg a smaller right foot.

2. Claims History

Keith’s current application for DIB is the sixth application for benefits that he has filed. His first four applications for DIB and SSI were all denied because the Commissioner determmed that Ms impairments did not prevent him from performing sedentary work.

[480]*480Keith filed his fifth application for benefits on September 17, 1986. His SSI application was granted on July 29, 1987, based primarily on Dr. Bonsett’s testimony that Keith met or equaled a Listing when his polio-related impairments were taken into account. The ALJ awarded benefits but declined to designate an onset date before the date of Keith’s most recent application. A different ALJ denied Keith’s application for DIB on res judicata grounds, concluding that the Agency had previously determined Keith was not disabled as of his date last insured in 1982, and he had submitted no new evidence to show that he was disabled as of 1982.

On June 11, 1993, Keith filed this current application for DIB alleging that he had been disabled since March 10, 1977. He argued essentially that his onset date should be changed to incorporate the evidence of “polio residuals” before 1977. ALJ Robert Droker, who had not decided any of the earlier cases, denied the application on res judicata grounds. After the Appeals Council denied relief, Keith sought review of the Agency’s decision in district court. Because the earlier decision on the merits was rendered before enactment of amendments to the Social Security Act, the parties agreed to dismiss the case and remand for a determination on the merits under the current law.

On remand the case was again heard by ALJ Droker, who again determined that the DIB application should be denied based on res judicata. The Appeals Council disagreed, finding that Keith was entitled to a hearing to consider the effects of his polio-related impairments, which were not considered in his prior DIB hearing. The Council vacated the decision and ordered the ALJ to render a decision on the merits.

3. The ALJ’s Decision

On January 28, 1998, ALJ Droker determined that Keith was not disabled as of 1982 because in spite of his impairments he could still perform light work. Keith was suffering from a “severe impairment,” namely, degenerative lower back disease coupled with a polio-related foot deformity. Keith’s impairment did not, however, meet or equal Listing 1.05C. The ALJ gave greater weight to the opinion of Dr. Hut-son than that of Dr. Bonsett, finding that Dr. Hutson’s specialty in orthopedics (which relates to the musculoskeletal system) was more relevant to a determination of whether Keith had a musculoskeletal impairment. The ALJ also found that Dr. Hutson’s opinion was better supported by the objective findings in the record.

The ALJ determined that Keith still had the ability to perform light work. To the extent that Keith argued he could not perform the capacities described by Dr.

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Bluebook (online)
17 F. App'x 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keith-v-massanari-ca7-2001.