McCombs v. Barnhart

106 F. App'x 480
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 19, 2004
DocketNo. 03-3321
StatusPublished
Cited by3 cases

This text of 106 F. App'x 480 (McCombs 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
McCombs v. Barnhart, 106 F. App'x 480 (7th Cir. 2004).

Opinion

ORDER

Ruth McCombs applied for disability benefits and supplemental security income, claiming that constant pain in her back and legs prevented her from working. The Social Security Administration (“SSA”) denied her application, and an administrative law judge (“ALJ”) concluded that she was not disabled. The ALJ’s decision became the SSA’s final decision when the SSA’s Appeals Council denied review. McCombs then brought this action in the district court, which upheld the ALJ’s decision. McCombs appeals. Because the ALJ did not explain why he discredited McCombs’s subjective complaints of pain, we vacate and remand.

I

This appeal concerns McCombs’s second application for disability benefits, which was filed in August 1998. Her previous application was denied in November 1997 after a hearing by an ALJ. McCombs appealed the denial to the SSA’s Appeals Council, which denied review. McCombs agrees that this earlier decision is res judi-cata, see Groves v. Apfel, 148 F.3d 809, 810 (7th Cir.1998), and that she therefore is eligible for benefits only since November 18, 1997, the day after the ALJ issued his decision on her first application. In her 1998 application, McCombs alleged that constant pain in her back and left leg prevented her from returning to her previous work, which included jobs at a nursing home and a laundromat. Her claim was denied initially and on reconsideration, and she requested a hearing before an ALJ. In preparation for the hearing the ALJ reviewed the reports of five physicians, all of whom had diagnosed McCombs with various back problems, including scoliosis, degenerative disc disease, and arthritis, and treated her with a variety of prescription medications.

At the hearing in May 2000, McCombs testified that since 1995 she had been experiencing constant pain throughout her back. The pain, she stated, was particularly severe in her lower back and down her left leg, and had significantly worsened over the past few years. She related that as a result of the pain she could walk only half a block, stand only for a few minutes, lift no more than three pounds, and could not bend or stoop. She recounted that the only way she could obtain relief was by [482]*482reclining in a chair, a position in which she slept and spent most of the day. The medications she was taking at the time of the hearing reduced her pain by only about twenty percent. McCombs explained that her pain severely limited her ability to accomplish everyday tasks. She testified that she had difficulty bathing, cooking, and shopping but could do her laundry once a week. She could dress herself but could not put on her shoes. She generally did not leave the house except to attend an appointment with her doctor or her attorney or to sit outside in the front yard. She watched very little television and often read or wrote letters, but her pain regularly impeded her concentration on those tasks.

After hearing McCombs’s testimony, the ALJ scheduled consultative psychological and physical examinations. Dr. Irena Walters conducted a psychological exam in October 2000. Dr. Walters noted that McCombs was cooperative, alert and oriented. McCombs spoke calmly, though she admitted to experiencing extreme frustration and anger over the length of the disability benefits process. McCombs was aware of current events, had sufficient short-term memory, and was able to do simple mathematical calculations. Dr. Walters diagnosed an AXIS I “Pain Disorder Associated with Both A Psychological Disorder and a General Medical Condition” as well as a non-specific depressive disorder. The only other psychological assessment of McCombs in the record, which was conducted in December 1998 in connection with her earlier disability application, similarly concluded that McCombs suffered from an AXIS I mood disorder due to chronic low back pain.

Dr. Suresh Mahawar conducted a consultative physical examination of McCombs in July 2000 to assess her residual functioning capacity (“RFC”). Dr. Mahawar noted that McCombs complained that she had experienced lower back pain for the last five years and that the pain radiated down both her legs, but particularly to her left. During the physical examination, Dr. Mahawar noticed no anatomic abnormality in McCojnbs’s upper or lower extremities or in her spine. Dr. Mahawar noted that he could not test McCombs’s straight leg raises because she could not lie down, but he found that she exhibited tenderness throughout her spine. Dr. Mahawar observed that McCombs had difficulty walking without a cane even though the lack of neurological findings suggested that she could walk short distances without an as-sistive device.

In considering McCombs’s RFC, Dr. Mahawar considered the assessment of Dr. David Rothbart, a neurologist who had reviewed an MRI of McCombs taken in April 1998 and had concluded that McCombs’s mild back problems were not severe enough to cause the pain she was experiencing. Dr. Rothbart noted that during his examination, McCombs was “tearful and hyperventilating” and that she refused to stand or to walk on her toes or her heels when requested. Her range of motion, Dr. Rothbart wrote, “appeared somewhat limited but was difficult to assess,” and, similarly, “[h]er motor exam was very difficult to assess due to poor effort with her crying when asked to move any individual muscle group.” Dr. Roth-bart observed that McCombs’s MRI showed degenerative changes at L3-4, L4-5, and L5-S1 and a mild bulge at L3-4 but concluded that he had “no explanations for the patient’s pattern of symptoms, [and was unable] to relate them to her relatively mild changes on her MRI.”

After considering Dr. Rothbart’s report of McCombs’s MRI, Dr. Mahawar diagnosed her with “chronic complex pain syndrome with significant psychiatric ov[483]*483erlay.” He advised that, as a result of severe deconditioning attributable to lack of muscle use, she was able to lift 15-20 pounds occasionally and 5-10 pounds frequently, stand or walk 1-2 hours per day and one-half hour at a time and could sit without limitation but could not climb, stoop, crouch, kneel, or crawl.

The ALJ reviewed the medical reports and McCombs’s testimony and concluded that she could perform sedentary work involving standing or walking for two hours intermittently out of eight, sitting for six hours out of eight as long as she could change positions at will, and lifting ten pounds on a sustained basis. He agreed that McCombs suffered from degenerative disk disease but opined that the problem was “not so severe as to account for the intensity of pain and functional limitation alleged.” The ALJ reasoned that McCombs’s “most limiting impairment” was her pain disorder, but that the ailment nevertheless permitted her to do unskilled, routine work.

The ALJ then applied the five-step analysis outlined by 20 C.F.R. § 404.1520 and concluded that McCombs: (1) was not currently employed; (2) had a “severe” impairment; (3) did not have a listed impairment or combination of impairments; (4) was no longer able to perform her past relevant work; and (5) was able to perform the job of hand packer, of which 2,000 jobs existed in the greater Chicago-land area.

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Bluebook (online)
106 F. App'x 480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccombs-v-barnhart-ca7-2004.