Spicher v. Berryhill

898 F.3d 754
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 3, 2018
DocketNo. 17-3399
StatusPublished
Cited by127 cases

This text of 898 F.3d 754 (Spicher v. Berryhill) 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
Spicher v. Berryhill, 898 F.3d 754 (7th Cir. 2018).

Opinion

Kanne, Circuit Judge.

Susan Spicher suffers from a series of chronic health problems, including osteoarthritis, degenerative disc disease, chronic obstructive pulmonary disease, fibromyalgia, and morbid obesity. In 2010, Spicher applied for Social Security Disability Insurance Benefits and Supple-mental Security Income dating back to 2003. An ALJ concluded that Spicher had not become disabled until September 20, 2012. The district court affirmed the ALJ's decision. Because the ALJ's conclusion was not supported by substantial evidence, we now reverse and remand.

I. BACKGROUND

This is the second time Spicher's case is up for judicial review. After a 2012 hearing, an ALJ found that Spicher was not disabled from August 1, 2003 to May 30, 2012. But the district court remanded the case because the ALJ had not properly considered the limitations imposed by Spicher's obesity, both independently and in combination with her other impediments. Spicher v. Colvin , No. 1:13-CV-304-TLS, 2015 WL 4714293 (N.D. Ind. Aug. 7, 2015).

After the remand, the ALJ held another hearing on May 25, 2016. There, Spicher narrowed her case, focusing on whether she had been disabled since December 31, 2008, when her insured status expired. In response to the district court's instructions to reconsider Spicher's obesity, the ALJ consulted a second doctor who essentially adopted the findings of the medical reports already in the record. At the conclusion of the hearing, the ALJ remarked that her further consideration of Spicher's obesity had not motivated her to change her findings.

*756The ALJ ultimately issued an opinion that again concluded that Spicher had not been disabled until September 20, 2012. Her decision rested on her finding that Spicher could hold a sedentary position and perform three jobs identified by a vocational expert. In addition, the ALJ found that Spicher could occasionally crouch, crawl, balance, stoop, and kneel. Spicher appealed that decision to the district court. After the district court affirmed the ALJ's decision, Spicher appealed to this court.

II. ANALYSIS

On appeal, Spicher raises two issues. First, she argues that the ALJ violated her due process rights by prejudging the out-come of her case. Second, she contends that the ALJ improperly concluded that she was not disabled. We address each argument in turn.

A. The ALJ did not violate Spicher's due process rights on remand.

Applicants for disability benefits have the right to a hearing before a fair decisionmaker. Keith v. Barnhart , 473 F.3d 782, 787-88 (7th Cir. 2007). We review whether alleged due process violations merit a new hearing de novo , id. at 787, and will remand for a new hearing only if the "decisionmaker 'displayed deep-seated and unequivocal antagonism that would render fair judgment impossible.' " Id . at 788 (quoting Liteky v. United States , 510 U.S. 540, 556, 114 S.Ct. 1147, 127 L.Ed.2d 474 (1994) ).

Spicher directs the court to two points in the hearing that she argues show the ALJ's bias against her. The first came as the ALJ began the proceedings on remand:

Oh, and I think I probably forgot to introduce myself on the record ... I'm not bound by any of the prior decisions that have been made in this case. Although, of course, we're here because [sic] Federal Court didn't agree with that [sic] I did the last time. However, I will stick with what I determined the last time. That you were limited to sedentary work. Which meant that as of your age, September 20th, 2012, as of age 50, you were disabled under the rules. Now, I never determined when you were sedentary work. [sic] So, that-so any other description of what's reason able [sic] from the medical record we will work out with [the medical expert.].

(R. 9 at 866-867.) The second came near the end of the proceeding. As the ALJ explained the result she would likely reach, she asked Spicher's counsel if he wished to amend the request "so the decision [would] be fully favorable." (Id . at 875.) After Spicher's counsel declined, the ALJ asked, "Oh, you want to go to Federal Court again?" (Id .)

These statements are troublesome, but they fall short of the high bar required for a new hearing. The ALJ's first statement that "[she would] stick with what [she] determined last time" seems to refer to the ALJ's following sentence in which she added "[t]hat you were limited to sedentary work." Id. at 866. In other words, at the outset of the hearing, the ALJ established that she would not consider any elevated classification that required mobility. This interpretation is borne out by the fact that the ALJ specifically noted that she wanted to "work out" if the medical evidence supported further limitations. Rather than demonstrate the ALJ's bias against Spicher, these statements suggest some willingness on the part of the ALJ to reevaluate her prior decision.

As to the second exchange, we agree with Spicher that the ALJ's question "Oh, you want to go to Federal Court again?"

*757reveals the ALJ's frustration with Spicher's case. But here too, the ALJ's statements fall short of the "deep-seated and unequivocal antagonism" required to justify a remand. Keith , 473 F.3d at 788.1

B. Substantial evidence does not support the ALJ's conclusion that Spicher was not disabled.

ALJs apply a five-step test to determine if a claimant suffers from a disability. 20 C.F.R. § 404.1520(a)(4) ; Zurawski v. Halter , 245 F.3d 881, 885 (7th Cir. 2001).

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898 F.3d 754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spicher-v-berryhill-ca7-2018.