Spaulding v. Halter

11 F. App'x 596
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 28, 2001
DocketNo. 00-3738
StatusPublished
Cited by1 cases

This text of 11 F. App'x 596 (Spaulding v. Halter) 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
Spaulding v. Halter, 11 F. App'x 596 (7th Cir. 2001).

Opinion

ORDER

Corrinda Spaulding applied for social security benefits, alleging disability due to a hiatal hernia, gastroesophageal reflux, chronic dyspepsia, and erosive gastritis that resulted in uncontrollable vomiting and extreme abdominal pain. The administrative law judge (ALJ) concluded that Spaulding was not disabled and could return to her past job as a bank teller, and the Appeals Council denied Spaulding’s request for review. Spaulding now appeals from the district court’s decision upholding the denial of benefits. Because the ALJ’s opinion contains a substantial number of omissions and errors that bear materially on his finding of no disability, we reverse the judgment of the district court and remand to the agency for further proceedings.

I. Background

Spaulding, who was thirty-one years old at the time of the agency’s final decision, has a high school degree and has held ten different jobs in the span of approximately eleven years. She apparently first started suffering stomach-related ailments in 1986, and in 1988 received emergency room treatment for “burning left upper quadrant pain associated with nausea and vomiting.” Later, Spaulding was referred to a Dr. Michael Colligan, who in 1988 noted a two-year history of symptoms of hyperacidity manifested by burning epigastric pain, nausea, and vomiting. Dr. Colligan further noted that Spaulding had bowel irregularity with alternating diarrhea and constipation (sometimes not having a bowel movement for three days) and that test results showed duodenitis with possible erosions. He prescribed “Reglan,” “Zantac,” and “H2 blockers” on a trial basis.

Spaulding did not see Dr. Colligan again until April 1992, when she returned complaining once more of nausea, vomiting, and alternating diarrhea and constipation. Dr. Colligan observed that although Spaulding’s condition had initially improved from the medication, her symptoms had returned sometime in 1991. Specifically, she had been experiencing “recurrent symptoms of postprandial nausea and vomiting, and attacks of constipation followed by bouts of diarrhea,” and typically would go three to five days without a bowel movement. Diagnostic studies showed that Spaulding had a small hiatal hernia with gastroesophageal reflux.

Dr. Colligan prescribed more medication, but in July 1992 Spaulding returned, again complaining of recurrent [598]*598nausea, vomiting, and dry heaves. Dr. Colligan noted that Spaulding would have dry heaves “repeatedly over 30 to 60 minute intervals.” According to the doctor’s notes, these symptoms “persisted in spite of continuing the medication.”

In August 1992 Spaulding underwent an endoscopic examination. Dr. Colligan’s preoperative diagnosis was “chronic dyspepsia refractory to medical therapy with H2 blockers.” Following the examination Dr. Colligan diagnosed erosive gastritis and further observed that Spaulding had a small hiatal hernia with increased secretions in the stomach. He prescribed more medication, and approximately one month later Spaulding called to inform him that she was “feeling much better,” that her regimen was working, and that the problem was “milk products.”

But by December 1993, Spaulding was again experiencing stomach pain with nausea and vomiting, and she went to see a primary care physician, Dr. Eugene Loftin, apparently unable to afford Dr. Colligan’s services at the time. Dr. Loftin examined her and prescribed Pepcid and more Reglan. Several days later Spaulding called Dr. Loftin’s office to tell him that she needed a note for work because her employer did not believe that she was really sick and she was about to be fired. At Spaulding’s request, Dr. Loftin then wrote her employer, stating that she was under his care for “severe stomach pain” but could “continue to work her usual job.” Spaulding alleges that despite Dr. Loftin’s note, she was fired shortly thereafter because of frequent absences due to her illness.

According to Dr. Loftin’s notes, Spaulding missed her next two appointments in December 1993 and January 1994. When she next saw him in May 1995, he prescribed more Reglan and Zantac. Approximately one year later, Spaulding returned requesting medication refills but was informed that she could not have refills without an examination. Spaulding apparently could not afford an examination, however, and thus did not receive any medication at this time.

In July 1996 Spaulding returned to Dr. Colligan, who reviewed Spaulding’s medical file and noted that although her symptoms had “responded partially to H2 blockers and Prilosec” in the past, the medication had “not [been] completely effective because some of her symptomatology was due to non ulcer dyspepsia.” He further reported, however, that “since [Spaulding] has been off work for the past three years she has felt as well as she ever has. She has lost 40 lbs. and kept it off. She is only having minimal dyspepsia, occasional episodes of nausea and dry heaves. Bowel pattern is normal.”

Spaulding filed for disability benefits in September 1996, alleging December 16, 1993, as the onset of her disability. Thereafter, in October 1996, the Bureau of Disability Determination Services in Springfield, Illinois, sent Dr. Colligan a disability evaluation report form, requesting that he provide specific information to fourteen questions regarding Spaulding’s medical condition. Dr. Colligan noted in this report that Spaulding had duodenitis, a hiatal hernia, and erosive gastritis. He further reported Spaulding’s belief that employment-related stress caused her symptoms to become intolerable. In response to the form’s final question regarding Spaulding’s ability to do work-related activities, Dr. Colligan stated that “she should not bend over or lift objects greater than twenty pounds because of hiatal hernia.”

The Department of Health and Human Services of the Social Security Administration (SSA) later sent Dr. Colligan a “(General) Medical Report” form, which he returned in January 1997. This four-page [599]*599form was more open-ended in the sort of responses it requested. It invited the responding physician to include information concerning the severity and duration of impairment and consisted of five general sections, entitled “History,” “Physical Findings,” “Laboratory and Special Studies,” “Diagnoses,” and “Treatment and Response.” Dr. Colligan completed only the section of the form entitled “Physical Findings” and noted gastroesophageal reflux and hiatal hernia. The remainder of the form he left blank. Nowhere in this second report was Dr. Colligan specifically asked, as he was in the October 1996 report, about Spaulding’s ability to do work-related activities.

A consultative state agency physician reviewed Spaulding’s medical record later in January 1997 and determined that she had no functional impairments affecting work-related activities. The physician noted Dr. Colligan’s October 1996 report stating that Spaulding should not bend over or lift objects greater than twenty pounds due to her hiatal hernia, but rejected those findings because Dr. Colligan’s January 1997 report never recommended any restrictions.

At a hearing in March 1998, Spaulding detailed a litany of physical problems that she had experienced since December 1993.

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Related

Spaulding v. Astrue
702 F. Supp. 2d 983 (N.D. Illinois, 2010)

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11 F. App'x 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spaulding-v-halter-ca7-2001.