Robert Karlix v. Jo Anne B. Barnhart

457 F.3d 742, 2006 U.S. App. LEXIS 19612, 2006 WL 2165728
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 3, 2006
Docket05-3832
StatusPublished
Cited by86 cases

This text of 457 F.3d 742 (Robert Karlix v. Jo Anne B. Barnhart) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert Karlix v. Jo Anne B. Barnhart, 457 F.3d 742, 2006 U.S. App. LEXIS 19612, 2006 WL 2165728 (8th Cir. 2006).

Opinion

WOLLMAN, Circuit Judge.

Robert Karlix appeals from the district court’s 1 order affirming the final decision of the Commissioner of Social Security (Commissioner), which denied his applications for benefits. We affirm.

I.

On March 28, 2002, Karlix was admitted to the Trinity Medical Center (Trinity) for substance abuse treatment. On April 29, 2002, he returned to Trinity, complaining of bilateral calf tightness and a “pins and needles” sensation in both of his feet after walking three blocks. Afzal H. Abdullah, M.D., examined Karlix and concluded that he suffered from severe arterial insufficiency bilaterally. Dr. Abdullah measured Karlix’s ankle-brachial index (ABI), which is a basis on which to diagnose or determine the severity of peripheral arterial disease, and observed that he had an ABI of 0.47 on the right and 0.38 on the left.

On May 8, 2002, Mary Jo Bloominger, PAC (physician’s assistant, certified), examined Karlix, who again complained of pain in his legs. Karlix reported that although he had suffered some pain while walking since 1996, the pain had been much worse during the past month. Phy *745 sician’s Assistant Bloominger concluded that Karlix suffered from peripheral arterial disease and referred him to the University of Iowa vascular surgery department for evaluation and possible surgery.

Between April 29, 2002, and February 20, 2003, Karlix saw doctors or physician’s assistants at Trinity, Community Health Care, and the University of Iowa numerous times, complaining of claudication. His ABI was consistently below 0.50 on both the right and the left. Despite repeated recommendations by Lisa Nelson, PAC, Karlix failed to follow his low-cholesterol and low-fat diet, delayed seeing a dietitian, failed to take his medication, and continued to smoke about three-fourths of a package of cigarettes per day.

Finally, on February 21, 2003, Karlix underwent aortobifemoral bypass surgery. Subsequent vascular studies showed an ABI of 0.54 on the right and 0.76 on the left. Karlix was discharged on February 28, 2003, with instructions to lift no more than five to ten pounds for the next four to six weeks. In October 2003, Karlix reported that his pain had improved following surgery but that about two and a half months after surgery the pain had returned. There is no evidence in the record, however, that his ABIs ever fell below 0.50 following his February 2003 surgery. On November 5, 2003, Physician’s Assistant Nelson determined that Karlix had suffered a hernia, and he underwent surgery for this on March 17, 2004.

Throughout 2003 and 2004, Physician’s Assistant Nelson, Lawrence Staples, M.D., and Iqbal Hussain, M.D., completed physical residual functional capacity questionnaires for Karlix. Physician’s Assistant Nelson and Dr. Hussain indicated that Karlix had the ability to work, and each of them imposed only modest lifting, walking, crouching, and climbing restrictions.

On October 4, 2002, Karlix applied for disability insurance benefits under Title II of the Social Security Act (Act), 42 U.S.C. § 401 et seq., and supplemental security income benefits under Title XVI of the Act, 42 U.S.C. § 1381 et seq., alleging inability to work because of a disabling condition. He alleged an onset date of August 1, 2001. The Commissioner denied Kar-lix’s applications for benefits.

On August 6, 2003, Karlix appealed the Commissioner’s denial of benefits and requested an administrative hearing. At the hearing, Karlix testified that he was unable to work because of his condition beginning in August 2001, but he conceded that he had not sought medical treatment for his condition until April 2002. Karlix then amended his alleged onset date to June 30, 2002. Karlix also testified that from August 2003 to June 2004 he had been employed in a work-for-rent program with the Salvation Army, where he had worked for thirty-two hours per week. Karlix stated that he had quit this job because he had experienced difficulty doing it and because his doctor had advised him to quit.

The administrative law judge (ALJ) concluded that Karlix did not qualify for benefits because he did not meet the Act’s definition of disabled. The ALJ stated that there was no evidence that Karlix’s impairments met or equaled any of the impairments listed in Appendix 1 to 20 C.F.R. Part 404. She also determined that considering the medical evidence, Karlix’s subjective complaints of pain, Kar-lix’s failure to quit smoking, and the fact that Karlix’s testimony about his alcohol consumption was inconsistent with medical documentation, Karlix had the residual functional capacity for a full range of sedentary activity on a sustained basis. Further, the ALJ concluded that the Commissioner had proved that there were jobs in *746 significant numbers that Karlix could perform consistent with his impairments. The district court affirmed the ALJ’s decision.

II.

We review de novo the district court’s affirmance of the Commissioner’s denial of benefits, considering whether the ALJ’s determination is supported by substantial evidence on the record as a whole. Tindell v. Barnhart, 444 F.3d 1002, 1004 (8th Cir.2006). In examining the evidence, we must consider both evidence that supports and evidence that detracts from the Commissioner’s decision. See Johnson v. Chater, 87 F.3d 1015, 1017 (8th Cir.1996).

To establish a claim for benefits, a claimant must show that he is disabled, meaning that he is unable to “engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” 42 U.S.C. § 423(d)(1)(A). In making this determination, the Commissioner must sequentially consider (1) whether the claimant is engaged in substantial gainful activity, (2) whether he has a medically severe impairment that meets the duration requirement, and (3) whether his impairment meets or equals one of the impairments listed in Appendix 1 to 20 C.F.R. Part 404 and meets the duration requirement. See Bowen v. Yuckert, 482 U.S. 137, 140-42, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987); Goff v. Barnhart, 421 F.3d 785, 789-90 (8th Cir.2005); 20 C.F.R. §

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457 F.3d 742, 2006 U.S. App. LEXIS 19612, 2006 WL 2165728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-karlix-v-jo-anne-b-barnhart-ca8-2006.