Latkowski v. Barnhart

93 F. App'x 963
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 25, 2004
DocketNo. 03-2767
StatusPublished
Cited by13 cases

This text of 93 F. App'x 963 (Latkowski 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
Latkowski v. Barnhart, 93 F. App'x 963 (7th Cir. 2004).

Opinion

[965]*965ORDER

Ladonna Latkowski applied for Social Security widow’s disability benefits. After administrative proceedings resulted in a final decision denying her claim, Ms. Latkowski brought this action in the district court seeking review of the administrative decision. Upon cross-motions for summary judgment, the district court denied Ms. Latkowski’s motion and granted the Commissioner’s motion. Ms. Latkowski then filed this timely appeal. For the reasons set forth in this order, we affirm the judgment of the district court.

I

BACKGROUND

A. Facts

When Ms. Latkowski applied for widow’s disability benefits in 1999, she was fifty-two years old; she had a high school degree, no past relevant work and a history of medical problems.

Ms. Latkowski began suffering petit mal seizures as a child. Although she has had no reported seizures since 1996, she suffers periodic light-headedness, possibly as a result of the medication taken for the seizure disorder. Beginning in 1995, Ms. Latkowski experienced various pains and difficulties in her arms, hands and feet. These ailments were variously attributed to tendinitis, bursitis, numbness and radiculopathy. In 1997, Ms. Latkowski underwent carpal tunnel surgery on her right wrist. She later complained of pain in this wrist during weather changes. In 1998, Ms. Latkowski was admitted to the hospital for leg pain. After a venous doppler study ruled out the presence of phlebitis or a related defect and neurovascular signs were found normal, the leg pain was diagnosed as acute musculoskeletal strain.

In March 1999, Ms. Latkowski’s husband died, and she applied for widow’s disability benefits. During the pendency of her application for benefits, Ms. Latkowski continued to experience medical problems. In January 2000, she complained of right hand discomfort and weakness of grip. Measurement of her forearms revealed a quarter inch decrease on the right. Shortly thereafter, swelling and tenderness in the right hand was observed, and arthritis was diagnosed. Later, a radiologist found “questionable early findings of rheumatoid arthritis.” A.R. at 222.

B. Administrative Proceedings

Ms. Latkowski’s application for benefits was denied and denied upon reconsideration. She requested an administrative hearing, and one was held before an ALJ in November 1999.

1. Administrative Hearing

At the hearing, Ms. Latkowski testified as to her daily activities and limitations. She noted that she prepared and ate meals, watched TV, did laundry, vacuumed and performed other household tasks. She testified that she could walk a short distance to the store and carry two small grocery bags home. Ms. Latkowski also indicated that she could lift her vacuum, which she estimated to weigh between ten and twenty pounds. She explained that she had no difficulty lifting a water pitcher but did have difficulty opening jars. Ms. Latkowski testified that she did not drive because of her medication.

In addition to Ms. Latkowski’s testimony, the ALJ also received medical evidence. Prior to the hearing, Dr. Anjum Hameeduddin, a general practitioner and Ms. Latkowski’s primary care physician, assessed Ms. Latkowski’s limitations. Dr. Hameeduddin indicated that Ms. Latkowski could lift a maximum of ten pounds, [966]*966could stand two hours in an eight-hour workday, and could frequently stoop and occasionally climb, balance, kneel, crouch and crawl. She was limited in fine manipulation and feeling in the right hand due to carpal tunnel syndrome. Also, Dr. Hameeduddin indicated that Ms. Latkowski should avoid exposure to extreme temperatures, wetness, humidity and noise and must avoid all exposure to heights because of fear. Dr. Hameeduddin’s assessment was essentially a sedentary residual functional capacity (“RFC”).

Dr. Bruce Donnelly, a non-treating, non-examining physician, also completed an RFC prior to the hearing based on the medical evidence. Dr. Donnelly indicated that Ms. Latkowski could lift one hundred pounds or more occasionally and could lift fifty pounds or more frequently. He further indicated that she could sit, stand and walk for approximately six hours in an eight-hour day. He considered her ability to push and pull to be unlimited. He also noted that she could balance, stoop, kneel, crouch and crawl frequently. He found that she should avoid exposure to large machinery and heights, but that she was subject to no other environmental limitations. Dr. Donnelly opined that Ms. Latkowski could perform work at all exertion levels.

At the hearing, Dr. Irving Slott, a specialist in internal medicine, recommended a consultative examination of Ms. Latkowski. Dr. Slott originally recommended a neurological consultation:

I would make a suggestion that she be given a consultation with a neurologist[;] one, so that he can examine what has taken place with the carpal tunnel syndrome, how good the results were. Two, how severe the petit mal seizures are according to the listing. And three, the pain that she described in the legs may have a nerve involvement also and they should do an EMG on the lower extremities because of the involvement of the upper extremities and the fact that she had no back, lumbosacral spine X-ray to determine whether she has any lumbosacral disease. So at this point I cannot find a listing that she meets, but the evaluation that I just mentioned, I think, would be in order.

A.R. at 48. In response to this testimony, the ALJ indicated that he also believed a consultative examination should be performed but expressed concern over whether a neurological examination was appropriate:

We do have some medical records, but I think it really would be good to have some more complete evaluation of the various body symptoms, things of that nature. And especially since the question to the ability to use hands, that’s something that we ought to have evaluated. I’m not sure at this point whether it would be the examination I would have done, whether it would be a neurological or an internal or maybe even an orthopedic. An orthopedic might give us the best functional kind of evaluation of her, the use of her hands and her legs and her back. And even if we had her sent to a neurologist, I’m not sure that we can have EMGs done anyway. But I, I would definitely want to have a full examination done before I make a decision.

Id. at 49.1 Dr. Slott interjected the comment that consultation with an orthopedist or a rheumatologist would be appropriate [967]*967to determine whether Ms. Latkowski suffered from fibromyalgia rheumatica. Upon examination by Ms. Latkowski’s counsel, Dr. Slott clarified that he was recommending both a neurological and an orthopedic consultation.

A vocational expert also testified. The ALJ asked him to respond to a hypothetical question involving a fifty-three year-old woman with a high school education and no prior relevant work history, who was limited to lifting ten pounds frequently and twenty pounds occasionally, who was able to stand, walk, or sit for at least six hours in an eight-hour workday, but who was not able to perform repetitive manipulative tasks with her hands, and who could not drive or work at heights, under extreme temperatures or with heavy machinery.

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Bluebook (online)
93 F. App'x 963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/latkowski-v-barnhart-ca7-2004.