Smith v. Barnhart

59 F. App'x 901
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 18, 2003
DocketNo. 02-2611
StatusPublished
Cited by1 cases

This text of 59 F. App'x 901 (Smith 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
Smith v. Barnhart, 59 F. App'x 901 (7th Cir. 2003).

Opinion

ORDER

Robin Smith appeals the district court’s decision upholding the denial of her application for Social Security disability benefits, claiming that the final decision of the Commissioner was not supported by substantial evidence. We agree, and accordingly vacate the district court’s judgment and remand this matter for further proceedings.

1. Medical History

Smith, a high school graduate, was 35 and working as a transcriptionist at a State Farm office at the time she claims to have become disabled in September 1996. [902]*902On September 5 she suffered a generalized seizure, and although she previously had not experienced any neurological symptoms a subsequent CT scan revealed that she had a brain tumor. Smith was placed on anti-seizure medications, and a biopsy of the tumor revealed that it was a grade 2 oligodendroglioma.1 In November 1996 neurologist Richard Dirrenberger “debulked” or removed the tumor, noting in an Operative Report that although it appeared all of the tumor had been removed, “knowing the nature of this tumor it was not felt that this was a curative resection.”

Smith was examined in December 1996 by neurologist Nicolaas de Wette, who stated in a progress note that a postoperative MRI was abnormal and revealed “a large extensive area of intraparenchymal2 abnormality” which could represent either residual tumor or changes to the brain caused by the surgery. He also noted that Smith experienced “some memory loss and is occasionally forgetful of names, numbers, and dates,” and stated that while she suffered from “no gross sensory deficits” she did have some deficits in abstract thinking. A subsequent MRI in January 1997 revealed that the tumor mass was “essentially unchanged.” Smith was examined in February 1997 by neurologist Phillip Green, who noted that she had occasional problems with “word finding” and reported “some problems with concentration.” A note in Smith’s medical records in March 1997 stated that she occasionally misspoke but was otherwise neurologically intact. Dr. Green examined Smith again in March and noted that she was “focusing better and her ability to pay attention to details has improved.”

In May 1997 Smith was examined by neurologist Dr. Edward Dropcho. She reported having “word finding difficulty” that had not changed over the previous few months, and Dr. Dropcho observed that she was alert and oriented with “normal cognition and memory” and that sensory and cerebellar testing were normal. An MRI was “not markedly different” from the January 1997 scan. Smith was also examined in May by Dr. Kevin Dodt, apparently a general practitioner, who noted that she had been feeling depressed for “over eight years” and had only a “fair at best” ability to concentrate, decreased ambition and appetite, and was irritable. Smith reported that she frequently stayed in her pajamas all day and did not leave the house, and that her family has a history of depression.

Smith visited Dr. Dropcho again in July 1997, complaining “that written material does not make sense.” She denied having other neurological symptoms, and Dr. Dropcho observed that she had fluent speech with “normal naming, repetition, and comprehension,” and normal cerebellar testing. Dropcho concluded that there were “no definite focal findings on neurological exam.” She visited Dr. Dropcho again in September, when another MRI revealed “no significant overall change” in her tumor. Smith continued to complain of chronic fatigue, irritability, and difficulty with making judgments. Dr. Dropcho observed that she had “grossly normal memory, cognition and speech” and normal [903]*903cerebellar testing, concluding that there was “no evidence for tumor progression” and that her cognitive complaints were “probably due to a combination of frontal lobe dysfunction and depression.”

In September 1997 Smith was examined at Ingwell Psychological Services by psychologist Nancy Ingwell. In a report entitled “Social Security Disability Mental Status Examination,” Ingwell diagnosed Smith as suffering from “Major Depression, Recurrent, Severe,” and found that she had a Global Assessment of Functioning (GAF) score of 60, meaning that she suffered from “moderate symptoms.”3 Later that month Smith’s psychiatrist, Dr. Shaun Wood, completed a Report of Psychiatric Status for the State of Indiana Disability Determination Bureau. He stated that Smith suffered from “major depression recurrent” and had a GAF score of 52, which still indicated moderate symptoms of depression or moderate difficulty in social, occupational, or school functioning. Dr. Wood noted that Smith appeared depressed, had moderately slowed behavior and speech, and had problems with attention and concentration. He further stated that Smith suffered from significant problems with memory and was unable to concentrate and attend to tasks, which interfered with her work. While he found her judgment to be normal, Smith showed a deficit in concentration. He noted that she was able to care for her basic hygiene and nutritional needs, but that she could not perform a simple task for a two-hour period because of her difficulty concentrating, which would cause her to be slow, make mistakes, and need assistance.

In October Dr. Dropcho completed a disability determination questionnaire, stating that Smith complained of fatigue, irritability, and difficulty making decisions. He noted, however, that her condition was “stable” with no tumor progression and that her cognitive complaints were “probably due to frontal lobe dysfunction and depression.” In October a state agency examining physician filled out a form SSA-831-C3 stating that Smith was not disabled. This determination was affirmed in January 1998 by another state agency physician, who stated that “the medical evidence shows that your condition does not limit all of your activities.”

A December 1997 Social Security Administration form SSA-2506-BK, Psychiatric Review Technique Form, apparently completed by a state agency physician, stated that although Smith suffered from major depression, her impairments were not severe. It noted that she suffered only slight restrictions in her daily living and difficulties in social functioning, and seldom had deficiencies of concentration, persistence, or pace resulting in failure to timely complete tasks. A functional capacity assessment completed around this time on form SSA-4734-BK, again apparently by a state medical consultant, stated that Smith had no limitations to her ability to work.

In December 1997 Smith was examined by Dr. Dropcho, who noted that she reported continuing difficulty with short-term memory, information processing, and judgment, although her symptoms had not changed since her last visit. She saw Dr. Dropcho again in January 1998, and he [904]*904noted continuing problems with “memory and higher cognitive functions.”

Smith was also analyzed in January by Dr. David Kareken, a neuropsychologist, who noted that she complained of poor concentration, difficulty comprehending others, trouble spelling, and memory impairment. Dr. Kareken found that Smith had logical and sequential thoughts, low-normal to normal auditory working memory, and “mild difficulty” in visual working memory. She demonstrated “impaired abstraction and markedly perseverative responding” during novel problem solving, and had low-normal to borderline short-term recall. Smith also demonstrated impairment in memory in the presence of mental distraction and had mildly inaccurate comprehension of complex commands. Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

BAKER v. O'MALLEY
S.D. Indiana, 2024

Cite This Page — Counsel Stack

Bluebook (online)
59 F. App'x 901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-barnhart-ca7-2003.