Maple v. Apfel

14 F. App'x 525
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 12, 2001
DocketNo. 00-1239
StatusPublished
Cited by6 cases

This text of 14 F. App'x 525 (Maple v. Apfel) 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
Maple v. Apfel, 14 F. App'x 525 (6th Cir. 2001).

Opinion

CLAY, Circuit Judge.

Plaintiff, Clifton Powell, appeals from the district court’s grant of summary judgment in favor of the Commissioner of Social Security in this suit contesting the Commissioner’s denial of Plaintiffs application for social security disability benefits. For the following reasons, we AFFIRM the Commissioner of Social Security.

BACKGROUND

Plaintiff was 45 years of age, married with no dependent children, and had completed high school at the time he completed his application for social security benefits. He is currently retired from his former job at the Ford Motor Company on non-work-related disability status. Plaintiff was employed by Ford from April 1972 through January 5, 1996 as an automobile assembler. The last job he performed was assembling clutch plates. That job involved sitting most of the time and required no significant lifting; however, it did involve rapid work, requiring the assembly of three hundred parts per hour. Plaintiff performed that job for nearly two years, prior to which he was assigned to install transmission gears. The heaviest weight Plaintiff was required to lift during his final fifteen years of employment with Ford was 50 to 60 pounds, on a job in which he mounted torque convertors on transmissions.

[528]*528On January 5, 1996, Plaintiff found that he was unable to perform his job due to pain and joint problems in his wrists, fingers, elbows, shoulders, back and knees. He indicated that his right hand was worse than his left. Plaintiff claimed that he was unable to hold clutch plates due to this pain and that his dropping of parts slowed productivity on the assembly line. He went to his doctor and was placed on medical leave for a year and his disability retirement became effective August 12, 1997. Since that time, Plaintiff has neither worked nor applied for unemployment compensation.

On May 1, 1996, Plaintiff filed an application for Disability Insurance Benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq., alleging that he was disabled as of January 8, 1996 due to rheumatism and arthritis. This application was denied initially and upon reconsideration. Plaintiff requested and was granted an administrative hearing. Represented by counsel, Plaintiff appeared at a hearing before an administrative law judge (“ALJ”) on September 8, 1997, where he testified on his own behalf. The ALJ also heard testimony from a Vocational Expert (“VE”) who testified that Plaintiff could perform a significant number of jobs in the national economy. Based upon the evidence adduced at the hearing, on September 25, 1997, the ALJ issued a written decision finding that Plaintiff was not under a “disability” as defined by the Social Security Act. This decision became final once the Appeals Council denied review on January 15, 1999.

On January 28, 1999, Plaintiff commenced a civil action in the United States District Court for the Eastern District of Michigan pursuant to 42 U.S.C. § 405(g). On cross-motions for summary judgment, United States Magistrate Judge Donald A. Seheer issued a report and recommendation recommending that the Commissioner’s denial of benefits be affirmed. Plaintiff filed timely objections on August 27, 1999. On January 19, 2000, United States District Judge Paul Gadola issued an order overruling Plaintiffs objections and adopting the magistrate judge’s recommendation as the decision of the court. Plaintiff now appeals from that decision.

I.

A. The Medical Record

The medical record contains two one-page physician report forms for Plaintiffs insurance claims completed by Dr. Alan H. Morton, Plaintiffs treating physician. On a form dated January 15, 1996. Dr. Morton claimed that Plaintiff was disabled due to rheumatoid arthritis and osteoarthritis of the knees, with an onset date of January 8, 1996. He further indicated that Plaintiff would be disabled indefinitely. (Tr. 125.) On March 27, 1996. Dr. Morton completed a second insurance claim report in which he repeated his prior conclusions. (Tr. 123.) On neither form did Dr. Morton provide medical records to verify his conclusions.

During the time between Dr. Morton’s two reports, Plaintiff was examined by Dr. Gale Northcross of the Midwest Health Center on March 21, 1996. At that time Plaintiff complained that he could hardly walk and that his knees were painful and swelling. But in a brief examination report, Dr. Northcross indicated that despite his reports of pain, Plaintiff had full ranges of motion in his wrists, knees and ankles. Dr. Northcross did report osteoarthritic changes in both of Plaintiffs knees, but none in his hands or proximal joints. Based upon her examination, Dr. Northcross anticipated that Plaintiff would continue to be disabled for a period of one month. (Tr. 124.)

[529]*529On June 8, 1996, Plaintiff underwent a consultative examination conducted by Dr. S.S. Ahmad on referral from the Michigan State Disability Determination Service. Plaintiff told Dr. Ahmad that he had suffered from joint pain over the past ten years and that blood testing and x-rays had revealed rheumatoid arthritis, mostly involving his knees, wrists, shoulders, elbows and ankles. Plaintiff also complained of stiffness and swelling of his joints, difficulty in walking and rising from a seated position, pain in his wrists when gripping, and difficulty sleeping due to a pain in his right shoulder. In addition, Plaintiff claimed that he had hypertension and suffered from periodic headaches and dizziness. Upon physical examination Dr. Ahmad noted the following:

BONES AND JOINTS: Can stand erect without support. No loss of lumbar lordosis. No tenderness over lumbar spine. No paraspinal muscle spasm. Patient refused to do doral lumbar flex-ion for fear of knee pain, which may have given out on him.
Patient had limitation of movement in the knees, wrists, shoulders, ankle joints (please see range of motion). He had tenderness on palpatation of the knee joints. There was no swelling noted. There is no pain, swelling, or limitation of movements in any other joint. No atrophy of the muscles around the joints. There is no tenderness over the joints. There is no muscle spasm. Muscle power is good in all extremities. Grip strength is reduced bilaterally (%). He had complained of pain in the wrist when gripping.
Patient can ambulate well without any kind of walking aid. Gait is antalgic. Patient had difficulty with tiptoe, on the heel and tandem gait. He complained of pain in the ankles. He could get on and off of the couch with some difficulty. He can dress and undress. He can open a door, open a jar and dial a telephone.

(Tr. 128.) In an attached chart, Dr. Ahmad indicated that Plaintiff had normal ranges of motion in all of his joints. In addition, he found that Plaintiff had normal hearing and measured his blood pressure as 150/90 and his vision without glasses as 20/30 in his right eye and in his left eye. Based upon these findings, Dr. Ahmad diagnosed Plaintiff as having rheumatoid arthritis involving multiple joints, from which he obtained some relief by taking the drugs Imuran and Prednisone. He also diagnosed essential hypertension that was well-controlled by medication and produced no evidence of organ damage. Dr. Ahmad further noted a history of alcohol and nicotine abuse.

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Bluebook (online)
14 F. App'x 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maple-v-apfel-ca6-2001.