Robert Gibbens v. Comm'r of Social Security

659 F. App'x 238
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 16, 2016
Docket15-2364
StatusUnpublished
Cited by30 cases

This text of 659 F. App'x 238 (Robert Gibbens v. Comm'r of Social Security) 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
Robert Gibbens v. Comm'r of Social Security, 659 F. App'x 238 (6th Cir. 2016).

Opinion

OPINION

JANE B. STRANCH, Circuit Judge.

Appellant Robert Gibbens challenges the decision of the Commissioner of Social Security to deny his claim for disability benefits. He contends that the administrative law judge who presided over his hearing erred by (1) rejecting the medical opinion of his treating physician, and (2) formulating hypothetical questions for the vocational expert that did not accurately reflect his limitations in concentration, persistence, and pace. Because the Commissioner’s decision is supported by sub-- *240 stantial evidence, we AFFIRM the judgment of the district court.

I. PROCEDURAL HISTORY

Gibbens applied for disability insurance benefits on June 27, 2007, and supplemental security income on October 2, 2007, alleging disability since March 1, 2006. At the time, he was twenty-five years old. Gibbens claimed that conditions in his lower back, left arm, and right knee limit his ability to work, as do attention deficit disorder and a learning disability. In a dis-r ability report filed a few months later, he noted a further decline in memory and physical condition that reduced his ability to care for himself or his children.

Gibbens’s application was denied initially in January 2008, and by decision after an administrative hearing in October 2009. The Appeals Council vacated the decision and remanded with instructions to the administrative law judge (ALJ) to further evaluate Gibbens’s mental impairment, and obesity, consider his residual functional capacity with “specific reference to evidence of record in support of the assessed limitations,” and to obtain evidence from a vocational expert clarifying the effect of these limitations on his ability to work.

A second ALJ presided over the hearing on remand and denied Gibbens’s application for benefits at the final step of the disability analysis. The ALJ concluded that, despite Gibbens’s severe impairments and significant functional limitations that precluded past relevant work, Gibbens retained the capacity to perform a limited range of sedentary work. The Appeals Council denied Gibbens’s request for review on July 1, 2014, making the ALJ’s decision the final decision of the Commissioner of Social Security. The district court affirmed. 1

II. FACTS

As the result of a brachial plexus injury at birth, Gibbens is afflicted by Erb’s Palsy of the left upper extremity, which causes deformation and decreased mobility. Gibbens has also been diagnosed with borderline intellectual functioning and a probable learning disability. He completed the eleventh grade and asserts that he attended special education classes through- ' out school. Gibbens states that he intended to pursue his GED at one point, but did not think he could do it and was unable to after starting a family.

Gibbens has been married since 2003 and lives with his wife and two children. He enjoys a good relationship with family and visits with friends regularly. Gibbens requires assistance with things like bathing and tying his shoes because he has little to no use of his left arm and hand. However, he is able to help care for his children and complete some household chores. Gibbens likes to watch television and use the computer. He takes naps frequently because he suffers from sleep apnea and fatigues easily due to persistent pain. Since the alleged onset of his disabling conditions, Gibbens has intermittently relied on a cane or walker to ambulate. His wife handles the family’s finances.

Gibbens worked as a cart pusher and truck unloader at Walmart from approximately 2004 to early 2006, but quit due to back and arm pain. He then worked briefly in another manual labor position until ap *241 proximately May 2006. 2 He has not worked since this time.

A. Medical History

In 2007, Gibbens experienced growing discomfort in his left arm and fingers from numbness and tingling that dissipated when he shook his hand. A subsequent examination, which included a nerve conduction study and electromyography (EMG), revealed abnormality in his median, ulnar, and left radial nerves, as well as chronic denervation.

Gibbens first met with his treating physician, Dr. Katalin Szloboda, in June 2012. Dr. Szloboda noted that Gibbens was morbidly obese and had been diagnosed with type II diabetes the previous year. An MRI administered the following week indicated that Gibbens suffered from multilevel lumbar spondylosis. Despite these challenges, Gibbens’s condition appears to have improved under Dr. Szlo-boda’s care. At a July 2012 follow-up examination, Dr. Szloboda observed that Gibbens’s diabetes was “doing much better” now that he was on a good diet, losing weight, and taking his medications. Gibbens’s arthritis also improved, but he continued to experience significant back pain. Dr. Szloboda referred Gibbens to neurosurgeon Dr. Coccia, who determined in fall 2012 that Gibbens’s symptoms were not related to degenerative disc disease and that surgery was unnecessary. Dr. Coccia recommended possible epidural injections and physical therapy for pain management.

A short time after his neurosurgery evaluation, Gibbens was sent to the emergency room when he experienced a sudden onset of weakness and numbness in both legs after he “felt a pop” while,getting into his car. He rated his pain around that time as nine on a ten-point scale. Gibbens was discharged with a prescription for physical therapy and noted “some significant improvement” after one month, including decreased pain and greater mobility. Two months later, he was described as “doing well,” and reported that he never felt pain beyond a five or six, though he continued to experience numbness in his lower legs. An EMG taken around this time revealed no significant abnormality.

Gibbens underwent a cervical fusion in January 2013. When he was discharged the following day, “[h]is preoperative pain ha[d] mostly resolved.” At the time of the hearing, Gibbens had not yet seen the surgeon for a follow-up evaluation. The record contains no significant medical events after this date.

B. The Administrative Hearing

Gibbens testified at the administrative hearing that, although he had always suffered pain in his neck, shoulders, lower back, and knees, his condition had worsened since 2009 when he began seeking treatment from specialists. He testified that his wife helped him bathe, that he could not drive long distances, clean, shop, or do laundry, and that he could cook only “very little.” Gibbens visited the emergency room three times between 2009 and 2010 for pain in his neck, shoulders, and upper back. He testified that he did not think the cervical fusion procedure the month prior had helped, though he understood that it was still early and that he may yet regain feeling in his legs. Gib-beris noted that he did not like to go out because people stare at him. Finally, he explained that his chronic pain, lower ex *242 tremity numbness, and fatigue were particularly troubling because they kept him from spending time with his children.

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659 F. App'x 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-gibbens-v-commr-of-social-security-ca6-2016.