Schleif v. Barnhart

31 F. App'x 314
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 15, 2002
DocketNo. 01-3045
StatusPublished

This text of 31 F. App'x 314 (Schleif 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
Schleif v. Barnhart, 31 F. App'x 314 (7th Cir. 2002).

Opinion

ORDER

Barbara Schleif challenges the Social Security Administration’s determination that her clinical depression is not disabling for purposes of receiving disability insurance benefits. Although Schleif correctly points out factual and legal errors in Administrative Law Judge John Pleuss’ order denying her application for benefits, substantial evidence supports his conclusion that she is not disabled. Accordingly, we affirm.

BACKGROUND

Schleif applied for disability insurance benefits in November 1997, claiming that she had been disabled since October 1997 due to a combination of a back injury and “a nervous condition”, namely clinical depression. ALJ Pleuss denied Schleifs application and the Appeals Council denied her request for review. Schleif then filed suit in the district court challenging ALJ Pleuss’ determination and presenting 20 separate alleged errors. The parties agreed to proceed before Magistrate Judge Crocker, who ultimately affirmed the SSA’s decision. On appeal Schleif limits her attack to ALJ Pleuss’ conclusion that her depression is not disabling.

A. Medical History

The evidence before ALJ Pleuss is as follows. Schleif was a mailing machine operator at Royle Printing. In September 1996 Schleif injured her back in a workplace accident. Because of her injury, Royle reassigned Schleif to “light duty” [316]*316but, about a year after the accident, she was laid off. While receiving treatment for her back injury, Schleifs primary care physician referred her to a psychiatrist, Dr. Ishii, because she reported symptoms that were more extreme than expected based on the objective medical evidence and she “generally seemed somewhat down and depressed.”

Schleif met with Dr. Ishii for the first time on October 1, 1997. She reported that since her back injury she had experienced “dysphoria, irritability, anxiety with difficulty initiating sleep as well as intermittent awakening.” She also told Dr. Ishii that her ability to concentrate, remember things, and motivate herself had decreased, that she was tired all the time, and that she experienced fleeting passive suicidal thoughts. Finally, she recounted a history of sexual and physical abuse by her father, and physical abuse by two prior husbands. Schleifs current husband is not abusive.

Dr. Ishii diagnosed Schleif with underlying depressive disorder not otherwise specified with dependent personality features. He prescribed 50 mg of Zoloft daily and referred Schleif for follow-up therapy with Barbara Brigham.

Schleif had a follow-up appointment with Dr. Ishii on October 29, 1997. She reported taking' only 25 mg of Zoloft daily due to unpleasant side effects at the prescribed dose, but also that “her symptoms of depression [were] much better and that she [was] able to focus better and that her mood [was] improved.” Dr. Ishii encouraged Schleif to take the prescribed dose of her medication and “continue following up with Barbara Brigham for individual therapy.”

At some point Schleif applied for benefits from the Wisconsin Division of Vocational Rehabilitation (“WDVR”). Two documents from the WDVR process are relevant to this appeal. On December 5, 1997, Case Manager Betty Arntson produced a report in which she opined that “[b]ased on [Schleifs] permanent physical capacity restrictions .... [s]he would not be able to work competitively and provide for herself financially, at this time.” Arntson opined that Schleif should be referred to a home-based employment program and also that “[c]lerical support or telemarketing activities would be appropriate.”

In addition to Arntson’s report, as part of the WDVR application process Schleif submitted an activities questionnaire completed by her friend, Zonia Ryniewicz. On the questionnaire, Ryniewicz explains that she is a family friend who sees Schleif daily and helps in whatever way is necessary. Ryniewicz reported that Schleif had become very “stressed out and nervous” due to her financial difficulties. Ryniewicz stated that, since her injury, Schleif “is withdrawing from the public. She feels she can’t do the things she used to do with people. So she is trying to be a loner.” She also estimated that Schleif cooks, reads, grooms herself, and talks on the phone daily; cleans her house, shops, visits relatives, and pays her bills weekly; and babysits her grandchildren, visits friends, talks to neighbors, and goes out to eat monthly. Finally, Ryniewicz disclosed that Schleif drives weekly, but only when “forced” to do so.

Schleif saw Dr. Ishii again on February 2, 1998. His treatment notes state that Schleif “continues to report vegetative symptoms of depression including tearfulness, problems sleeping at night, decreased appetite, hopelessness, but no suicidally [sic].” He again encouraged her to continue taking 50 mg of Zoloft daily, but does not mention Barbara Brigham.

Three days later, at Schleifs request, Dr. Ishii wrote a letter to her lawyer expressing his opinion of her prognosis. [317]*317I am stating with a high degree of medically [sic] probability that [Schleif] is indeed disabled and is going to be unable to perform any substantial gainful employment because of severe depression and ongoing pain [from her injury]. She has a history of severe psychological trauma, and I concur with Dr. Hansell that Ms. Schleif is not able to work as of October 18,1997.

Ongoing symptoms of her severe depression include daily tearfulness, dysphoria, hopelessness, anxiety and fear that some harm is going to come to her and poor concentration, memory and motivation.

On February 4, 1998 Doctor Warrior, a consulting physician, filled out a Mental Residual Functional Capacity Assessment on Schleif. Actually, Dr. Warrior did not evaluate Schleif on a single one of the 20 pre-printed questions on the standardized form, and in the narrative section she simply inserted a portion of a Wisconsin Department of Health and Social Services report.

The final treatment note in the record by Dr. Ishii states that Schleif s symptoms continue unchanged. He also reports that “[s]he continues to suffer from catastrophic stressors of lower back and leg pain, wrist pain and not being able to work.... I will try to maintain her on medications even though really the main cause of this is psychosocial stress.”

In July 1998 another consulting physician, Doctor Spears, performed a Mental Residual Functional Capacity Assessment of Schleif. Dr. Spears concluded that Schleif was not significantly limited in her ability to perform a majority of work functions listed on the evaluation form. In fact, at worst, Dr. Spears believed that Schleif was only moderately limited in her ability to understand and remember detailed instructions, carry out detailed instructions, accept instruction and criticism from a supervisor, respond appropriately to changes in the work setting, and set realistic goals. He concluded that she was capable of “unskilled, low stress work.” Dr. Spears based his opinions on Dr. Ishii’s treatment notes.

Finally, on March 1, 1999, Dr. Ishii submitted a “Practitioner’s Report” to the Wisconsin Department of Industry, Labor and Human Relations. The form refers the reader to a previously submitted form, not contained in the record, for a description of Schleif s physical or mental disability and diagnosis and the event that caused her disability. It does, however, state Dr. Ishii’s opinion that Schleif is 100% permanently disabled due to a workplace injury.

ALJ Pleuss held a hearing on March 9, 1999.

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