Metzger, Donald v. Astrue, Michael

263 F. App'x 529
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 14, 2008
Docket07-1652
StatusUnpublished
Cited by9 cases

This text of 263 F. App'x 529 (Metzger, Donald v. Astrue, Michael) 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
Metzger, Donald v. Astrue, Michael, 263 F. App'x 529 (7th Cir. 2008).

Opinion

ORDER

Donald Metzger applied in 1998 for Disability Insurance Benefits under Title II of the Social Security Act, claiming he was disabled because of high blood pressure, heart failure, and diabetes. After two hearings, the ALJ denied Metzger’s claim, finding he could perform his past work. The Appeals Council denied review of the ALJ’s decision, and the district court concluded that the decision was supported by substantial evidence. Metzger now argues that the ALJ made erroneous credibility findings and improperly weighed the evidence. Because substantial evidence supports the ALJ’s decision, we affirm the denial of benefits.

Metzger worked from 1975 to 1996 at Modern Building Materials, a company that sells concrete manhole covers. He was a salesman and then vice president of sales, though when he left the company he performed “just sales.” Metzger worked 10-12 hour days, and his primary responsibilities were meeting with contractors and reading and making blueprints. In this job, he drove approximately 50,000 miles per year.

Metzger had a silent heart attack in November 1996, and in early 1997, tests indicated congestive heart failure, narrowing and obstruction of arteries, and poor exercise capacity, but his cardiologists found no angina and concluded that his condition was “controlled.” In July 1998 Metzger told his primary care physician, Dr. Kristine Young, that he could not work full time because his blood pressure medication fatigued him. In August of that year, Dr. Young reported to the SSA that Metzger had heart disease, diabetes, and high blood pressure. She marked “yes” in the space on the form indicating restrictions on his activity but did not state what the restrictions were. During that summer Metzger again visited Dr. Young complaining of pain, headaches, and numbness. An MRI revealed several spinal problems, and followup testing revealed cervical radiculopathy (commonly known as a “pinehed nerve”). His neurologist reported that Metzger’s higher cortical function appeared to be intact, and his motor function was fine.

In September 1998 and February 1999, a State of Wisconsin medical consultant reviewed Metzger’s medical records and determined that he could lift twenty pounds occasionally and ten pounds frequently, that he could stand or walk at least two hours a day and sit fewer than six hours during an eight-hour work day. The consultant, however, did not state the maximum time periods that Metzger could stand, walk, or sit each day. The consultant also determined that Metzger had limitations on other postures including climbing, balancing, stooping, kneeling, crouching, and crawling.

In October 1998 Metzger reported to his neurosurgeon that he had been experiencing shooting pains in his right arm related to certain neck movements for nearly a year. The neurosurgeon confirmed the diagnosis of right cervical radiculopathy and found minor numbness and tingling in his fingertips, no sensory loss, and normal *531 muscle strength except mild right biceps weakness. When Metzger returned later that month, Metzger stated he had improved significantly and he no longer experienced headaches after changing the time he took his medications. A month later he reiterated that he had controlled his headaches.

In February 1999 Metzger met with Dr. Gurbax Saini at the Commissioner’s request. Metzger reported fatigue, headaches, and neck pain into both arms, rather than just his right arm, but did not relate any restrictions on daily activity. Dr. Saini examined Metzger and noted that his abilities to grasp, finger, and manipulate with each hand were normal and that he had no memory deficits. He diagnosed Metzger with coronary artery disease, hypertension, diabetes, hypercholesterolemia, obesity, and neck pain due to a cervical spine problem. Later that month, Metzger visited Dr. Saini as his treating physician, and at that time Dr. Saini noted that the diabetes and hypertension were controlled, and that he had prescribed medication to control Metzger’s depression and anxiety. In contrast to Metzger’s reports of persistent pain when examined for social security purposes, followup visits between then and January 2002 indicated that Metzger was “doing well,” or feeling “very good,” or “much better,” although Metzger did report minor problems such as itchiness, laryngitis, and pink eye.

In July 1999 the ALJ held Metzger’s first hearing. Metzger testified that his fatigue kept him from working. He testified to difficulty reading for more than 5-10 minutes at a time and memory problems. He denied experiencing chest pain, but said he had some shortness of breath and arm pain if he turned his head side to the side. He testified that he expei’ienced one or two headaches a day, that his hip locked if he walked as far as a city block, and that he could not stand for more than 15 minutes at a time. He also testified that he could cut his lawn on a riding mower and work in his garden. The ALJ denied his claim, finding that he could return to his past work as a vice president of sales. Metzger appealed, and the Appeals Council remanded because although the ALJ found Metzger to have depression, she failed to consider its effect on his ability to work. The Appeals Council instructed the ALJ to obtain additional evidence regarding Metzger’s mental condition and, if warranted, obtain supplemental evidence from a vocational expert.

After the remand, and after Metzger was no longer eligible for DIB, Dr. Robert Gordon, a psychologist, examined Metzger and subjected him to psychological tests. He found mild depression, but no cognitive deficits, with IQ scores of “low average” to “average,” and above average attention span and concentration. Dr. Gordon reported that all of Metzger’s occupational abilities were very good or good. He also reported that Metzger told him he experienced headaches once or twice a week.

In October 2003 Dr. Julian Freeman, an internist, reviewed the medical evidence at Metzger’s request, but did not personally examine him. Dr. Freeman determined Metzger had heart disease, cervical root compression, carpal tunnel syndrome, diabetes, sleep apnea, neck and arm pain, and impaired grip. He stated that Metzger suffered several functional limitations including hand function, neck motion, and exposure to vibration, and concluded that Metzger’s fatigue compromised his overall ability. At the second hearing Dr. Freeman testified that the results of Metzger’s psychological tests—which he did not conduct—supported a diagnosis of organic dementia. He also testified that Metzger’s diabetes was poorly controlled and that his *532 cardiac difficulties could be the cause of his fatigue.

The ALJ again denied Metzger’s application, concluding that he was not disabled and could still perform his past work, and that his testimony about his symptoms was not credible. The ALJ analyzed Metzger’s claim using the five-step process laid out in 20 C.F.R. § 404.1520. She found Metzger had not engaged in substantial gainful activity after his alleged onset date, that he did have a severe impairment, but that his condition did not meet any listings. In doing so, she chose not to credit very heavily Metzger’s description of his symptoms because the record showed that he described his symptoms as more severe when speaking in connection with his claim than he did when he consulted his treating doctors.

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Bluebook (online)
263 F. App'x 529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metzger-donald-v-astrue-michael-ca7-2008.