Renee S. Phillips v. Jo Anne B. Barnhart

357 F.3d 1232, 2004 U.S. App. LEXIS 1050, 2004 WL 110768
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 23, 2004
Docket03-13705
StatusPublished
Cited by2,245 cases

This text of 357 F.3d 1232 (Renee S. Phillips v. Jo Anne B. Barnhart) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Renee S. Phillips v. Jo Anne B. Barnhart, 357 F.3d 1232, 2004 U.S. App. LEXIS 1050, 2004 WL 110768 (11th Cir. 2004).

Opinion

HULL, Circuit Judge:

Renee S. Phillips, through counsel, appeals the district court’s order affirming the Commissioner’s denial of her application for social security disability insurance benefits under 42 U.S.C. § 405(g). After review, we vacate the district court’s order and remand this case to the Commissioner for further consideration of Phillips’s application for social security disability insurance benefits.

I. BACKGROUND

The main issue on appeal is under what circumstances may an Administrative Law Judge (“ALJ”) rely on the Medical Vocational Guidelines instead of a vocational expert. Because the ALJ’s authority to rely on the Medical Vocational Guidelines instead of a vocational expert depends in part on the severity of Phillips’s limitations, we first review Phillips’s medical history.

A. Phillips’s Application

On October 27, 1998, Phillips applied for disability insurance benefits, alleging that she had been disabled and unable to work since July 31, 1997. Phillips claimed to be disabled due to fibromyalgia, chronic fatigue, cervical facet syndrome, irritable bowel syndrome, Sjogren’s syndrome, bilateral sácroiliitis, a herniated disk, depression, mitral valve prolapse, and urinary tract infections.

On April 26, 2000, the ALJ conducted a hearing to determine Phillips’s eligibility for disability insurance benefits. At the hearing, the ALJ heard testimony from Phillips and reviewed extensive medical records covering Phillips’s medical history from 1993-2000. We outline that evidence.

B. Phillips’s Testimony

At her hearing, Phillips testified that she was an unemployed, 45-year-old high *1234 school graduate, with one year of vocational training in secretarial science and business. Phillips further testified that she previously had worked for the State of Georgia for 18 years as a clerk, administrative assistant, administrator of the food and farm program, quality improvement coordinator, and director of community service programs.

According to Phillips, she left her position as director of community service programs in 1993 or 1994 due to exhaustion, headaches, muscle and body aches, and fatigue. Thereafter, she transferred to the office of quality control, where she worked until she retired due to her alleged disability in July 1997. Phillips stated that she did not consider taking another position that was less demanding with a state agency because she “didn’t feel financially that there was any reason for that, to go backwards in [her] career.” Phillips also surmised that taking a job with a reduced salary would affect her retirement benefits.

Phillips testified that her daily routine consisted of reading the paper, drinking coffee, watching the news, and doing things around the house such as laundry and starting dinner. Additionally, she stated that she talked on the phone, shopped for groceries, went to the mall, painted sometimes, and had taken painting lessons. Phillips also stated that since she quit working, she had traveled by car to several destinations for leisure purposes in the southeastern United States. Phillips also flew to Mexico to attend her daughter’s wedding. Finally, Phillips told the ALJ that she drove to the drug and grocery stores two to three times per week.

In addition to her other conditions, Phillips testified that she didn’t manage anxiety very well and that she was “probably all the time moderately depressed.” However, Phillips stated that her emotional condition was not disabling in and of itself, and that she could probably do a “very less, less stressful job that wasn’t very physically demanding for a short period of time but probably not every day and certainly not all day every day.” Phillips explained that stressful psychological or emotional situations caused her physical condition to worsen.

C. Medical History From Treating Physicians

In 1993, Phillips began treatment with Dr. Sam Schatten, a rheumatologist. Phillips complained of: eye, mouth, and nail dryness; memory loss; itching; muscle pain; low energy; fatigue; trouble sleeping; easy bruising; and mitral valve prolapse. Dr. Schatten remained Phillips’s primary treating physician through the time of her administrative hearing in this case.

Dr. William Whaley, a specialist in oncology and hematology, examined Phillips on July 13, 1995, and indicated that he thought Phillips had Sjogren’s syndrome, mitral valve prolapse syndrome, multiple urinary tract infections, fibrocystic disease of the breast, and allergies. Dr. Whaley reported that “[t]he problem list looks a little long, but [Phillips] is basically a 40 year old completely and fundamentally healthy state employee.”

On February 26, 1996, Phillips saw Dr. Olivia Mulligan, an endocrinologist, complaining of night sweats, muscle pain, irritability, and brief depression. However, all test results were normal.

On October 14, 1996, Phillips saw Dr. Amy Lang, a specialist in physical medicine and rehabilitation, complaining of constant neck and back pain that averaged 5 on a scale of 1 to 10 in intensity. Dr. Lang reported that the pain was beginning to interfere with Phillips’s participation in social and recreational activities and comple *1235 tion of household chores and projects. Dr. Lang noted that Phillips demonstrated “multiple symmetric tender points above and below the diaphragm meeting the criteria for fibromyalgia syndrome.” An October 26, 1996, radiology report indicated small to moderately sized disc herniation in two places on Phillips’s cervical spine. The remainder of Phillips’s spine appeared normal.

On December 30, 1996, Phillips’s psychologist, Mary Melton, Ph.D., terminated treatment after six months, noting “major depression resolved.” On an employer’s form for disability retirement verification, Dr. Melton noted that Phillips’s depression was not disabling, and that Phillips had been “successful in treatment for depression and in altering lifestyle to adjust for her chronic illness.”

On December 31, 1996, Dr. Lang noted that Phillips’s “left-sided neck pain is ‘almost well.’ ” Dr. Lang’s examination notes indicated that Phillips’s cervical active range of motion was within normal limits with no pain reported. Dr. Lang diagnosed cervical facet syndrome (characterized by neck pain and a decrease in range of motion of the neck); regional myofascial pain syndrome of the neck and upper back; bilateral sacroiliitis (inflammation of the sacroiliac joint (located between the lumbar spine and the pelvis)); one centimeter right leg length discrepancy; depression, with noted intolerance of Paxil side effects; and Sjogren’s syndrome, noted as stable. Dr. Lang provided Phillips with heel inserts to correct the leg discrepancy and to help Phillips’s sa-croiliitis. That same day, Dr. Lang wrote a separate report to an insurance provider, diagnosing fibromyalgia and cervical degenerative disease. 1

On February 26, 1997, Dr.

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357 F.3d 1232, 2004 U.S. App. LEXIS 1050, 2004 WL 110768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/renee-s-phillips-v-jo-anne-b-barnhart-ca11-2004.