Ruffalo v. Barnhart

66 F. App'x 56
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 1, 2003
DocketNo. 02-3953
StatusPublished

This text of 66 F. App'x 56 (Ruffalo v. Barnhart) 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
Ruffalo v. Barnhart, 66 F. App'x 56 (7th Cir. 2003).

Opinion

ORDER

Larry Ruffalo applied for Social Security Disability Insurance Benefits in July 1996, claiming that disabling knee pain had prevented him from working since August 1994. An administrative law judge denied Ruffalo benefits, concluding that Ruffalo was not disabled because he could perform a significant number of jobs in Wisconsin’s economy. After the Social Security Administration’s Appeals Council denied review, Ruffalo filed this action in district court. A magistrate judge recommended remanding the case to the Social Security Administration for further consideration because the ALJ failed to discuss certain questionnaires filled out by a physician as well as the effects of medications on Ruffalo’s ability to work. The district judge, however, disagreed with the recommendation and affirmed the ALJ’s decision, finding that even though the ALJ should have addressed these matters, a remand to consider this evidence would not lead to a different result. We affirm.

Ruffalo, who is now 47 years old and has a twelfth-grade education, worked for the Chrysler Corporation until August 1994. When he started at Chrysler in 1978, he worked on the assembly line performing heavy, unskilled work, and in 1988 he became a parts stock handler. As a stock handler, he performed heavy, semi-skilled work. According to Ruffalo, that work required him to climb, squat, stand, walk, and lift 75 pounds.

On three occasions while on the job, Ruffalo suffered injuries to his right knee that led to operations. The first injury occurred in December 1992—he fractured the patella (knee cap) in his right knee. He returned to work in April 1993 after undergoing surgery and physical therapy. In January 1994 Ruffalo again injured his right knee, for which he underwent a second operation, and he returned to work in July 1994. Unlike his previous return to work, this time doctors limited him to “light duty with restrictions of no extended standing, kneeling, squatting or climbing.” The following month, however, Ruffalo injured his right knee for the third time. He was operated on by Dr. Daniel Wilson, who permitted Ruffalo to begin working again in July 1995.

In August 1996 Ruffalo visited Dr. Wilson for a final orthopedic evaluation. According to Dr. Wilson’s report, Ruffalo complained of knee pain and requested medication, but the examination revealed no swelling and only minimal tenderness. Wilson diagnosed osteochondritis of the right knee (bone inflammation) and prescribed Darvocet (a mild narcotic pain reliever) for the pain. He also advised Ruffalo to take over-the-counter pain medication, wear a knee brace, do knee-strengthening exercises, not lift over 25 pounds, and not stand for long periods of time. Noting that Ruffalo had been attending a vocational rehabilitation class but recently quit because of the pain, Wilson opined that Ruffalo showed no interest in complying with the recommended knee exercises, was “not motivated to return to any type of gainful employment and ha[d] been trying to live on the same type of disability benefits for years,” and was “also over reliant on pain medications.”

In December 1997 Ruffalo submitted to the Social Security Administration three questionnaires completed by his treating physician Dr. William Dale. In a questionnaire assessing Ruffalo’s need to rest because of pain, Dr. Dale opined that Ruffalo [58]*58required “complete freedom to rest frequently without restriction.” In another questionnaire assessing Ruffalo’s pain and related symptoms, Dale concluded that some, but not all, of Ruffalo’s complaints were consistent with the diagnosis and findings. Ruffalo complained that he experienced constant pain, had to elevate his leg for at least two hours per day (to reduce swelling and numbness), was still in pain despite taking pain medication, and experienced dizziness, grogginess, and eoneentration/attention problems as a result of the pain medication. But inconsistent with the diagnosis and findings, Dale noted, were Ruffalo’s complaints of numbness in his leg.

In October 1999 Ruffalo visited Dr. P. Spottswood, a surgeon, for an evaluation of pain in his right upper extremity. Spottswood noted in a summary of the visit that Ruffalo complained of pain in his right knee so he prescribed Relafen (an anti-inflammatory). He also noted that Ruffalo complained of paraesthesias (abnormal sensation) and pain in his right upper extremity, which Spottswood believed was “chronic C7 radiculopathy” (a disorder of the spinal nerve roots). Spottswood gave Ruffalo a cervical epidural steroid and local anesthetic injection (apparently in the right upper extremity) and prescribed Vicodin.

In November 1999 Dr. Spottswood prepared a “Symptom Questionnaire—Upper Extremities” about Ruffalo for the Social Security Administration. In the questionnaire, he stated that Ruffalo suffered from moderate pain that occasionally interfered with his attention and concentration, but opined that Ruffalo’s pain was not consistent with the objective medical findings. In conclusion, Dr. Spottswood noted that Ruffalo did experience numbness, tingling, and stiffness in his upper extremities and that repetitive activity exacerbated these symptoms.

At his disability hearing before the ALJ in November 1999, Ruffalo described his symptoms, treatment routine, and daily activities. He testified that he experienced pain, numbness, and swelling in his right leg and pain in his neck that radiated into his arms. His knee pain limited him to about 5-10 minutes of walking or standing before his leg went numb-he could not bend, stoop, or squat. His neck pain interfered with his ability to grip objects and his ability to concentrate. To control the pain, he took Vicodin, Celebrex, and Torodol, elevated his leg approximately five hours a day, wore a TENS unit (“transcutaneous electrical nerve stimulation”—a treatment that uses electrical current to reheve pain) on his leg, and received injections in his neck. The medication, however, blurred his vision and made him “droggy [sic].” Ruffalo also testified that because of the pain, he remained in bed approximately 16-18 hours a day and could not perform any housework (he lived with his sister and her two children), but he could drive occasionally and attended church approximately every other week.

William Reynolds, Jr., a vocational expert, testified as to the number of jobs available to an individual of Ruffalo’s background and physical condition. The ALJ posed a hypothetical to Reynolds that incorporated Ruffalo’s vocational factors (age, education, and past work) and the restrictions that he not lift 25-pounds or stand for long periods of time. After clarifying that the ALJ was looking for “modified light” positions, Reynolds opined that there were 6,500 sorter positions, 11,000 packer positions, 16,875 light sales attendant positions, and 5,000 counter clerk positions available. These positions also allowed “for a full range of sedentary work.”

[59]*59Reynolds then answered questions— posed by Ruffalo-that introduced new restrictions. When asked if an individual could work if he “need[ed] complete freedom to rest and rest was defined ... as sit or lie in a fixed, supported position,” Reynolds responded that at the semi-skilled and unskilled levels, substantial gainful activity would be precluded. Next asked how an individual’s ability to work would be affected by a requirement that a leg be elevated for two hours, Reynolds again responded that work would be precluded. Finally, when asked about an individual with concentration problems, Reynolds stated that work would be precluded.

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