Stambough v. Apfel

14 F. App'x 563
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 17, 2001
DocketNo. 00-5836
StatusPublished
Cited by3 cases

This text of 14 F. App'x 563 (Stambough v. Apfel) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stambough v. Apfel, 14 F. App'x 563 (6th Cir. 2001).

Opinion

OPINION

GILMAN, Circuit Judge.

Richard Stambough applied for and was denied disability insurance benefits and Supplemental Security Income under Titles II and XVI of the Social Security Act. The district court affirmed the adverse decision by the Administrative Law Judge (ALJ). Stambough appeals that ruling, claiming that the ALJ erred in his substantive evaluation of Stambough’s application for benefits. For the reasons set forth below, we AFFIRM the judgment of the district court.

[564]*564I. BACKGROUND

A. Factual background

Stambough was born on August 24, 1956 and is a high school graduate. From 1972 until 1992, Stambough worked steadily in a variety of positions. These jobs ranged from construction laborer and pet store employee to grocery stock boy and school custodian. He was eventually promoted to the position of head custodian at the school where he worked.

In August of 1992, Stambough strained his back while moving a large cabinet at the school. The injury was serious enough to cause him to seek emergency room treatment for pain and numbness in his lower back and right leg. After an MRI, lumbar myelogram, and a CT scan indicated the protrusion of lumbar discs, Stambough was examined by a number of orthopedists and neurologists. In December of 1992, neurosurgeon Philip Tibbs noted that Stambough had normal reflexes, excellent strength, no motor deficiency, and that his only deficit was a loss of approximately twenty degrees in forward motion. Dr. Tibbs was of the opinion that the nerve roots possibly accounting for Stambough’s complaints of pain in his leg and foot were “floating freely” and not compressed. No functional restrictions were recommended, although Dr. Tibbs suggested that Stambough pursue a back rehabilitation program.

Dr. Joseph Rapier, an orthopedist, detected muscle spasm and very limited forward flexion in August 1993, but he also noted normal ankle reflexes and no significant sensory loss. Despite his recognition that Stambough could lift a maximum of twenty pounds, Dr. Rapier somewhat inconsistently limited Stambough’s lifting capacity to no more than ten pounds on occasion. Dr. Rapier also determined that Stambough could stand or walk for up to three hours in an eight-hour day, could sit for up to six hours, had a limited ability to push and pull, could occasionally perform all postural activities, and needed to avoid vibrations, jars, and jolts.

Orthopedic surgeon Robert Lowe examined Stambough in December of 1993 and found that Stambough suffered from a ruptured disc with resulting radicular changes and toe extensor weakness. Dr. Lowe determined that Stambough’s overall condition, however, was “not that bad,” and indicated that Stambough might be exaggerating his symptoms. He stated in a deposition that Stambough should be limited to light duty activities, could potentially lift fifteen pounds, and should avoid prolonged sitting, standing, or significant jarring.

In January of 1995, Stambough was seen by neurosurgeon Philip Shields, whose examination showed few abnormalities. Dr. Shields opined, however, that in order to reheve Stambough’s back pain, he would benefit from a surgical procedure known as a diskectomy. No further restrictions were listed among Dr. Shields’s findings.

From December of 1994 to February of 1995, Stambough was seen on three separate occasions by Dr. Paul W. Craig, a family doctor. Although Stambough complained of back pain radiating down his legs and numbness in his toes, Dr. Craig’s found equal reflexes, no gross sensory deficits, no active spasm, and no pain with leg extension in the seated position. Dr. Craig commented that Stambough’s history of back pain was not consistent with the diagnostic findings and noted that Stambough was possibly exhibiting symptom exaggeration. Given the amount of time since Stambough’s injury, Dr. Craig questioned whether a diskectomy would provide any benefit to Stambough. Instead, Dr. Craig prescribed pain medication and encouraged Stambough to pursue vocational rehabilitation. He also recommended [565]*565mental status counseling “if it looks like [Stambough] is going to remain chronically disabled.”

In March of 1997, more than two years after his last examination of Stambough, Dr. Craig completed a residual functional capacity form for use in Stambough’s application for benefits. Dr. Craig determined that Stambough could pursue work “in the sedentary to very light activity range due to his physical and emotional status.” As a basis for his opinion, Dr. Craig took into consideration Stambough’s subjective complaints, noting that Stambough “complains of pain with prolonged sitting or standing,” that he was “poorly habilitated,” and was “constitutionally and motivationally impaired.”

Stambough was also examined by Drs. Rita Ratliff and Thomas Holian, both state-agency physicians. Dr. Ratliff saw Stambough on April 5, 1996. She noted that Stambough was using a cane to walk despite his normal gait and station. Her examination found no evidence to support significant activity restriction.

Dr. Holian examined Stambough on April 17,1997. Although Dr. Holian found that Stambough had an abnormal gait, he too did not believe that Stambough’s use of the cane was necessary. Dr. Holian recommended that Stambough pursue physical therapy to ease his back pain, but found no physical evidence to significantly restrict Stambough’s activity.

From May 20 through September 9, 1996, Stambough sought treatment for his depression at Pathways, Inc. His treating therapists diagnosed Stambough as suffering from severe adjustment disorder (dysthymia) and determined that his Global Assessment of Functioning score was 65. This score is consistent with a mild degree of difficulty in social or occupational functioning. Stambough achieved all of his short-term and long-term mental-health goals within this five-month period. These goals included participating twice a week in an aerobics class at the YMCA. The Pathways staff did not identify any specific functional restrictions or physical limitations resulting from Stambough’s complaints of pain. This was the first and only time that Stambough pursued any mental-health treatment.

In April of 1997, Dr. Edward Connor, a clinical psychologist, performed a consultative psychological examination. Dr. Con-nor found that Stambough tended to maximize his symptoms, including his chronic pain. He also noted that Stambough needed minimal test instruction and exhibited well organized and logical thought processes. Nonetheless, Dr. Conner concluded that Stambough exhibited dysthymia with a depressed mood and personality disorder.

The record also contains evidence of Stambough’s ability to perform daily tasks. He drives his wife to work, goes shopping, and attends church on a regular basis. Moreover, he frequently visits with friends and relatives, goes fishing with his son, plays cards, and reads the newspaper. The various medical professionals who examined Stambough consistently described him as cooperative and friendly.

B. Procedural background

Stambough applied for disability insurance benefits under Title II and SSI benefits under Title XVI of the Social Security Act, alleging a disability onset date of August 25, 1992. In May of 1995, the ALJ conducted a hearing and found Stambough “not disabled” within the meaning of the Social Security Act because there were a significant number of jobs that Stambough could perform despite his limitations.

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14 F. App'x 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stambough-v-apfel-ca6-2001.