Stage v. Colvin

812 F.3d 1121, 2016 U.S. App. LEXIS 2162, 2016 WL 492333
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 9, 2016
DocketNo. 15-1837
StatusPublished
Cited by357 cases

This text of 812 F.3d 1121 (Stage v. Colvin) 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
Stage v. Colvin, 812 F.3d 1121, 2016 U.S. App. LEXIS 2162, 2016 WL 492333 (7th Cir. 2016).

Opinion

HAMILTON, Circuit Judge.

Debbie Stage appeals the district court’s judgment upholding the denial of her application for supplemental security income, disability insurance benefits, and disabled widow’s benefits. Stage was 56 years old at the time of the decision. She suffers from chronic back and hip problems exacerbated by obesity, caused in turn by hypothyroidism. She argues that the administrative law judge erred by discounting significant new evidence she submitted after an agency doctor had reviewed her medical records, by giving little weight to her treating physician’s opinion, by discrediting her testimony about her pain without adequate support, and by overstating her residual functional capacity. We agree with Stage that the ALJ’s evaluation of her medical evidence was unreasonable and that substantial evidence does not support his finding that she remained capable of performing light work. We reverse the district court’s judgment and remand this case to the agency for further consideration.

Stage’s back problems began when she slipped two discs while working in a factory in 1985. She continued working, though, and her pain became more severe over the years. By 2007, she had been diagnosed with arthritis in her back, hips, left leg, and shoulders, as well as spinal degeneration, a tear in a disc joint, and mild degenerative disc disease. Stage is 5'6" tall and at the time of the ALJ’s decision weighed over 200 pounds, giving her a body mass index of about 33, indicating obesity. Stage also suffered from a host of other health problems, including hyperlipidemia, hypertension, and hypothyroidism — a condition that has made her obesity especially difficult to control.

Stage applied for benefits claiming that debilitating back and hip pain rendered her unable to work after October 2009. [1123]*1123Her last job was general kitchen work at a residential-care facility. Before that she had worked as a cook, bartender, and factory laborer. Stage’s extensive medical records show that she began seeking frequent treatment for worsening hip and back pain late in 2010. X-rays taken by a family practitioner revealed reduced blood flow to her legs and feet due to calcification, as well as spinal disc narrowing and joint narrowing. The doctor noted that Stage walked with an antalgic gait (compensating for pain while walking) and experienced muscle spasms. She was referred to a pain-management clinic. An anesthesiologist specializing in spinal pain took an MRI and diagnosed a lumbar disc bulge, annular tear, and degenerative disc disease. The doctor recommended an epidural steroid injection for pain relief. Stage declined the injection because she had experienced no relief from an earlier one.

During monthly visits in 2011 to her primary care physician, Dr. Fernando Rivera, Stage consistently complained of debilitating pain. She was prescribed numerous pain medications, including Perco-cet, Vicodin, Norco, Tylenol-Codeine # 3, Flexeril, Mobic, tramadol, Ultram, and Valium. She was also prescribed a back brace and a shower chair because she was unable to stand while bathing.

In March 2011, a consulting physician . for the agency examined Stage. He noted that she arrived wearing a prescribed back brace and that she complained she could not stand or walk for any length of time due to constant pain. He observed that she walked with a hunch, had a restricted range of motion in her lumbar region, could not stoop or squat, had difficulty walking heel-to-toe, and had difficulty both rising from a sitting position and getting off the examination table. Her straight-leg test was positive, indicating radiating back pain.

That same month, a non-examining physician for the agency reviewed Stage’s medical records and completed a Physical Residual Functional Capacity Assessment. This doctor concluded that Stage could occasionally lift or carry 20 pounds, frequently carry 10 pounds, and sit, stand, or walk for six hours in an eight-hour work day. He found Stage’s claims of pain only partially credible.

Seven months later, after an acute flareup of pain led to an emergency room visit and prescriptions for oxycodone and Valium, Stage visited Dr. Richard Onb a board-certified orthopedic surgeon. She complained that the worsening pain prevented her from doing normal daily activities. Dr. Oni spent 80 minutes examining Stage. He reported a severe restriction of the range of motion of her hip, a strongly positive “Patrick’s sign” (a test for pain in the hip), moderately severe degenerative arthritis, degenerative disc disease, a shortening of her left leg due to her antalgic gait, and the other spinal problems already diagnosed by Dr. Rivera. Dr. Oni ordered new MRIs that revealed degenerative changes in her spine.

Dr. Oni wrote Dr. Rivera that Stage needed a total left hip replacement “because of disabling symptoms.” He also prescribed additional pain medication. In April 2012, Dr. Rivera completed a Physical Residual Functional Capacity Questionnaire for Stage’s application for benefits. He included the diagnoses from Dr. Oni listed above. He also described Stage’s pain as severe, constant, and radiating down her legs, and he opined that she was not capable of working even low-stress jobs because of her pain and its effects on her concentration. He doubted that Stage could walk a single city block without resting, and he added that she could sit or stand continuously for only five minutes at a time, after which she should he down [1124]*1124while elevating her legs on two pillows. He also said that she could sit, stand, or walk for less than two hours in a workday, that she should walk with a cane, and that she should never lift or carry anything.

The following month Stage testified at a hearing before the ALJ that her pain made it difficult to carry even her five-pound purse, that she could walk on average only 30 to 40 feet before needing to take a break, and that she could stand for at most five minutes at a time. She said that her two teenage grandchildren and her sister did all housework and chores other than washing the dishes, which she did while sitting, taking hours to complete. Stage said that she also had to sit while showering and riding a motorized cart for grocery shopping, relying on her grandchildren to fetch items from the shelves. She described her arthritic pain as constant and said it prevented her from engaging in almost all the activities that she formerly enjoyed.

At the hearing a vocational expert testified about the jobs available to a hypothetical person of Stage’s age, education, work experience, and physical capabilities. According to the expert, if such a person remained capable of light work, she could perform Stage’s past jobs as a bartender, cook, or waitress (but not as she performed them in the past), and could perform light, unskilled jobs such as a production assembler, small-parts assembler, or electronics worker. (Light work, as defined by the agency, requires the ability to stand or walk for six hours a day, to lift or carry up to 20 pounds, to stoop and crouch, and occasionally to climb ramps or stairs.) However, a person of Stage’s age, education, and work experience limited to sedentary work (standing or walking for only two hours a day) would be deemed disabled under the agency’s so-called Grids. See 20 C.F.R. Pt. 404, Subpt. P, App. 2.

In his decision denying Stage’s claim for benefits, the ALJ applied the standard five-step analysis for determining whether a person is disabled within the meaning of the Social Security Act. See 20 C.F.R.

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Bluebook (online)
812 F.3d 1121, 2016 U.S. App. LEXIS 2162, 2016 WL 492333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stage-v-colvin-ca7-2016.