Robert Osborn v. JoAnne B. Barnhart

194 F. App'x 654
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 24, 2006
Docket06-11269
StatusUnpublished
Cited by44 cases

This text of 194 F. App'x 654 (Robert Osborn v. JoAnne 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.

Bluebook
Robert Osborn v. JoAnne B. Barnhart, 194 F. App'x 654 (11th Cir. 2006).

Opinion

PER CURIAM:

Robert Osborn appeals the district court’s order affirming the Commissioner’s denial of supplemental security income benefits, 42 U.S.C. § 1383(c)(1). On appeal Osborn argues that the ALJ (1) failed to evaluate his back condition prior to fusion surgery; (2) failed to evaluate his headaches before he received specialized treatment; (3) ignored the Commissioner’s consultative psychologist’s report; (4) improperly evaluated his credibility; (5) failed to enter a finding regarding his wife’s credibility; (6) improperly rejected the opinion of his treating physician, Dr. Abdulla; and (7) erred by failing to obtain needed medical records or recontacting Dr. Abdulla. For the reasons set forth more fully below, we affirm.

On October 10, 2002, Osborn filed an application seeking supplemental security income benefits, claiming a disability that began September 1, 2001. In his application, Osborn claimed that he was disabled due to three ruptured lumbar discs, severe abdominal cramping, severe migraines, severe chronic fatigue syndrome, and a possible spinal column viral infection. His application was denied initially and on reconsideration.

Osborn then requested and received a hearing before an ALJ, claiming low back problems, GI problems, enlarged prostate, *657 severe migraines, sleep apnea and daytime drowsiness, hypertension, pain, and psychological problems such as attention deficit disorder and severe depression. Osborn was 45 years’ old at the time of his hearing and had graduated high school and attended some college. Osborn’s first job out of college was working on construction projects for the Georgia Steel Company, and he later became an electrician before moving on to telecommunications work in 1998. As part of his telecommunications work, Osborn maintained telephone systems and communications systems in schools. In 1995, Osborn again began doing construction and electrical work before joining Cox Communications as their “I.T. person in their facilities.” While there, he was responsible for backing up data and maintaining sales terminals. Osborn then moved to Brown and Williamson as a “Data Center Operator,” in which he monitored 30 or so computer systems from his chair in a closed facility. After a year and a half, Osborn transferred to the tech support department, where he maintained computer desktop equipment and was required to drive to any of eight different facilities. He remained there until he began seeing doctors for his medical issues.

As to his medical problems, Osborn testified that his sleep apnea was a minor problem and that his double vision was something that he had been living with since an early age. Urinary frequency and an enlarged prostate continued to be a problem, and Osborn testified that he still suffered from abdominal pain, although the pain might be related to his back condition. The symptoms of both began in 2001, but he left his job because his contract expired, not because of the symptoms. As to medications, Osborn took Neuronton to manage his migraine headaches, but had discontinued a painkiller prescribed for his back pain. Osborn also discontinued medication for his blood pressure, but occasionally took Pamalor for depression. In addition, Osborn testified that he took medication for his stomach, as well as other medications to prevent him from falling asleep in the middle of the day and for attention deficit disorder.

Next, Osborn described a typical day as consisting of waking up, cooking breakfast, helping the kids “get out the door,” checking e-mail, attending to appointments, and taking care of the household. Occasionally, Osborn drove his kids to school as well. Osborn testified that he had been looking for work, and, since 2001, had taken a few temporary contract jobs to work on friends’ equipment. In 2002, Osborn worked on “a couple” of temporary contracts, and in 2003, again worked on a temporary contract basis performing data entry for a few companies. As to his back problem, Osborn testified that he had a “fusion” done and the back pain he previously suffered had somewhat subsided. He further stated that some functions had returned, some had not, and some came and went.

Upon further examination, Osborn testified that his back surgery took place on June 16, 2003, and he had received a “two level fusion” with hardware and a bone-graft of his right hip. He had continuous problems with his hip, which he described as painful and achy. Since the graft, the pain was still there, but “not quite as intense.” As to his lower back, Osborn testified that it was still “fairly painful” and it sometimes felt like it was swelling if he became tired or over-stressed. Osborn stated that repeated sitting, standing, and walking increased the degree of pain he felt in his back, and that to relieve the pain he laid down flat on the floor or across a firm bed. He testified that the pain was slightly less than a daily occurrence.

*658 As to his migraine headaches, Osborn indicated that they could get so bad that he would have to sit down in a dark, quiet area, and that, at times, they would continue to the point of nausea or passing out. These migraines occurred anywhere from two to eight times a week depending on his level of stress. When they occurred, the migraines would last anywhere from a couple of hours to a couple of days, sometimes to the point of requiring an injection to cure them. In addition, Osborn testified that he suffered from irritable bowel syndrome that continued to be a problem post-surgery.

Next, Osborn testified that he felt depressed and described a number of factors, including the issues with his back, mobility problems, not being able to interact with his children, and marital issues. On a scale of 1 to 10, Osborn stated that his back pain at best was a four or five, but usually around a six or seven. On the same scale, Osborn stated that the pain associated with his migraines was at best three or four, and at worst, off the scale. Despite the pain, however, Osborn testified that he was able to take care of himself, such as bathing, dressing, and eating. The only thing he had trouble with was tying his shoes. He also testified that it was painful to stand and urinate and that he sits down the majority of times.

Osborn further testified that changing-positions from sitting to standing was never easy and put stress on his back, and sitting for extended periods of 15-30 minutes caused his back to stiffen quite a bit. Standing for extended periods of 5-10 minutes also caused him to feel stiffness. As to walking, he testified that it was a problem depending on how much he did, and that things like shopping and cutting grass were out of the question, although he did “walk around the mall.” Osborn further stated that he had a 30-pound weight lift limit, and that things like bending, stooping, and squatting were activities that he avoided.

At the administrative hearing, a vocational expert (VE) classified Osborn’s past jobs according to the Dictionary of Occupational Titles. All of Osborn’s past jobs were considered “skilled,” but the exertional level changed depending on the work.

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194 F. App'x 654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-osborn-v-joanne-b-barnhart-ca11-2006.