Michael Schmidt v. Carolyn Colvin

545 F. App'x 552
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 26, 2013
Docket13-2306
StatusUnpublished
Cited by9 cases

This text of 545 F. App'x 552 (Michael Schmidt v. Carolyn Colvin) 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
Michael Schmidt v. Carolyn Colvin, 545 F. App'x 552 (7th Cir. 2013).

Opinion

*554 ORDER

Michael Schmidt applied for disability-insurance benefits and supplemental security income, claiming to be disabled by intense back pain related to injuries he sustained in a 2005 motorcycle accident. An administrative law judge disbelieved Schmidt’s allegations about the severity of his back pain and refused to credit the medical opinion of his treating physician. Instead, the ALJ found that Schmidt was capable of performing light work as defined by 20 C.F.R. § 404.1567(b), and thus was not disabled. After the Appeals Council declined to review Schmidt’s case, and the district court upheld the decision of the ALJ, Schmidt turned to this court. Because the ALJ did not support his findings with substantial evidence, we vacate the district court’s judgment and remand to the agency for further proceedings.

After his motorcycle accident in June 2005, Schmidt sought treatment with Dr. Vance Masci for a fractured left elbow, a shoulder sprain, neck and back pain, and multiple abrasions. An October 2005 MRI revealed bulging discs in his back, mild foraminal stenosis (a narrowing of the opening through which nerve roots exit the spine), and degeneration in some facet joints (the joints which connect spinal vertebrae). With time, most of this pain disappeared, but Schmidt continued to experience neck and back pain, and he consistently reported that his pain radiated down his legs. Dr. Masci treated Schmidt’s back pain with epidural injections, and Schmidt reported that these temporarily alleviated his pain. In addition to epidural injections, Schmidt also treated his back pain with a combination of painkillers. Schmidt attempted to return to work soon after the motorcycle accident but has only been able to work infrequently (and never full-time) because, he says, increased activity aggravates his back pain.

After two heart procedures in 2009, Schmidt again sought treatment for his back pain, this time with Dr. Stephen Murphy, his primary-care physician. Dr. Murphy referred Schmidt to Dr. Navtej Pure-wal for pain management and treatment. Again, Schmidt complained of lower back pain which radiated down his legs. Dr. Purewal’s assessment of Schmidt’s back problems largely mirrored Dr. Masci’s assessment in 2005. Dr. Purewal treated Schmidt with epidural injections, and a new, stronger combination of painkillers. Schmidt reported that the injections relieved some of his pain, but only for a limited period of time.

In October 2009 two agency physicians reviewed Schmidt’s medical records on behalf of Wisconsin’s Disability Determination Bureau. The first, Dr. Pat Chan, concluded that Schmidt had the residual functional capacity, see 20 C.F.R. § 404.1560(b), to lift up to twenty pounds occasionally, stand or walk for up to six hours in a workday, sit for six hours in a workday, and had few movement limitations other than that he could stoop and crouch only occasionally. Dr. Chan’s opinion was endorsed by a second agency physician, Dr. Syd Foster, in April 2010.

That same month Dr. Murphy referred Schmidt to Dr. Jerome Lerner. Dr. Lerner found that Schmidt’s lumbar spine was tender, and that his range of motion was moderately reduced. He also noted that Schmidt had reduced sensation in his thighs and feet. Dr. Lerner opined that Schmidt was capable only of sedentary work.

In November 2010 Dr. Purewal referred Schmidt to physical therapy. Again, Schmidt reported lower back pain that radiated down his right leg. The progress reports from the physical therapist reveal *555 that Schmidt’s “plan of care” authorized eight therapy sessions, and Schmidt attended eight sessions. In January 2011, after the eighth visit, Schmidt reported to the therapist’s office that he would communicate with Dr. Purewal, presumably about future visits, and follow up with the therapist’s office. Schmidt never followed up, though he testified at his hearing that his insurance did not cover more than eight visits, apparently because of the therapy’s ineffectiveness.

Other than physical therapy and medication, Schmidt’s back pain was treated in 2010 by continued epidural injections, ra-diofrequency neurolysis, nerve blocks, and one treatment referred to as a “facet joint injection.”

In February 2011 Dr. Murphy performed his own residual functional capacity assessment of Schmidt. Murphy concluded that Schmidt could lift up to ten pounds, that his various back ailments made prolonged sitting, standing, and walking difficult, and that he was totally unable to bend at the waist.

After the state agency denied his claims, Schmidt testified at a hearing before an ALJ about his pain, his daily activities, his work history, and his past drug use. He stated that in addition to his back pain his feet often become numb, and he has on occasion sprained his right foot when he could not feel it. He admitted that the amount of pain he suffers from varies from day to day, but emphasized that there are days on which the pain is so bad that he does not leave his bed. Schmidt also testified that he does chores around the house, including cooking, washing dishes, laundry, and salting the sidewalks. He insisted that he does not mow the lawn or do any shoveling. Beyond these chores Schmidt has not worked since 2006 with the exception of helping his brother install wiring when he can. His participation in his brother’s job, however, is limited to passing tools and pulling on wires. Finally, Schmidt divulged that he has, in the past, abused drugs and alcohol, including using cocaine as recently as “two-and-a-half to three years” ago.

Following the hearing, the ALJ denied Schmidt’s application for disability insurance. At the fourth step of the five-step sequential process an ALJ must use to evaluate a claim of disability, see 20 C.F.R. § 404.1520(a)(4), the ALJ was required to make his own assessment of Schmidt’s residual functional capacity. In doing so, the ALJ made an adverse credibility determination with respect to Schmidt, and credited the opinion of the reviewing agency physician over that of Dr. Murphy, Schmidt’s treating physician.

On appeal, Schmidt first argues that the ALJ’s credibility determination was unsupported and erroneous. Schmidt asserts that the various reasons the ALJ provided for disbelieving Schmidt are either wrong or not inconsistent with Schmidt’s allegations of severe pain. We accord an ALJ’s credibility determinations deference, see Jones v. Astrue, 628 F.3d 1155, 1160 (7th Cir.2010), but we decline to defer to credibility determinations when, as here, the ALJ relies heavily on the kind of meaningless boilerplate that we have consistently criticized, see Filus v. Astrue, 694 F.3d 863, 868 (7th Cir.2012); Bjornson v. Astrue, 671 F.3d 640, 644-45 (7th Cir.2012); Parker v. Astrue, 597 F.3d 920, 921-22 (7th Cir.2010), and commits several analytical errors when assessing the record.

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Bluebook (online)
545 F. App'x 552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-schmidt-v-carolyn-colvin-ca7-2013.