Stephens v. Berryhill

888 F.3d 323
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 24, 2018
DocketNo. 16-4003
StatusPublished
Cited by460 cases

This text of 888 F.3d 323 (Stephens 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
Stephens v. Berryhill, 888 F.3d 323 (7th Cir. 2018).

Opinion

Coleman, District Judge.

Kirk W. Stephens contends that he is disabled by diabetes, kidney disease, knee and back pain, heart disease, high blood pressure, asthma, arthritis, and obesity. He applied for and was denied Supplement Security Income ("SSI") benefits; on review the district court reversed and remanded for a new hearing. Following the second hearing, a different Administrative Law Judge ("ALJ") determined that Stephens' impairments, although severe, were not disabling and that he could perform relevant past work. The district court upheld the agency's decision. We affirm.

*326I. Background

Stephens was born in 1957 and has a ninth grade education. He worked as a taxi dispatcher and a security guard in the 15 years preceding his alleged disability. Stephens has a family history of diabetes, hypertension, and heart disease. Several of his family members suffered heart attacks in their sixties.

Stephens has an extensive history of medical ailments. He was a pack a day smoker for 20 years, quitting in June 1998. In 1999, Stephens was diagnosed with diabetes mellitus, type 2. Shortly after moving in with his mother and uncle, Stephens contracted pneumonia. In 2000, he had surgery to resolve a problem with "redundant foreskin," which was not entirely successful. In 2003, Stephens was diagnosed with hypertension and was referred for evaluation for chronic kidney disease. Stephens was also suffering from insomnia, reflux, and renal artery disease.

By 2006, Stephens had persistent pain in his neck and mid-back. His body mass index ("BMI") fluctuated from 38.14 to 43.7 between 2008 and 2013, the available time frame.

In July 2009, Stephens was having problems sleeping, causing daytime sleepiness. Dr. Hector Perez noted "diabetic nephrology" in August 2009. While examining Stephens for pain in his left thumb, right shoulder, hips, and knees in July 2010, Dr. Christopher LaSalle noted the following ailments: fecal incontinence, insomnia, night sweats, urinary retention, and sleep apnea. Dr. William Smits diagnosed sleep apnea and sleep disturbance in August 2010 and sent Stephens to a sleep specialist, Dr. Sanjay Jain, who performed a CPAP sleep study. Stephens began with a nasal mask for the CPAP but switched to a face mask because it was uncomfortable.

By October 2010, activity aggravated Stephens' knee pain, which improved with rest. He continued to suffer from insomnia, shortness of breath, and urinary retention and weakness. He also had chronic inflammation of the foreskin tissue that was unresolved by circumcision in 2000. A second circumcision to remove the irritated foreskin helped, though he still had trouble urinating. In November 2010, he underwent surgery for prostate issues that caused him to take up to two minutes to void. Following the prostate surgery, his condition improved but was not completely resolved.

Stephens had trouble adjusting to the CPAP, and his insomnia persisted without regular use of the CPAP. He suffered from ongoing fecal incontinence, urinary retention and weakness, and lumbar back pain. Dr. Sanjay Patel noted intermittent symptoms of Chronic Kidney Disease. By November 2012, Stephens used his nebulizer two to three times a day. Dr. Guy Asher opined that Stephens' hypertension and diabetes were causing Chronic Kidney Disease. Dr. Asher also noted anemia and hyperparathyroid issues.

Stephens applied for SSI benefits, asserting a disability onset date of January 5, 2007. The ALJ considered the application and issued an unfavorable decision on October 24, 2011. The district court reversed and remanded for a new hearing.

Stephens filed a subsequent application for SSI, and the State Agency issued a favorable decision, finding Stephens disabled from the date of his application on March 18, 2013. The agency did not address the period between January 5, 2007, and March 18, 2013. On September 26, 2014, following the remand from the district court, a different ALJ held a second hearing. Stephens' onset date was amended to March 31, 2010, to conform to the protective filing date.

*327The ALJ found that Stephens had not worked since his March 31, 2010, onset date, and that he suffered from the following severe impairments that caused more than minimal limitations on Stephens' ability to work: insulin dependent diabetes mellitus ; osteoarthritis of the spine and knees; obesity ; chronic obstructive pulmonary disease ("COPD"); and heart disease. The ALJ concluded that Stephens had the residual functional capacity ("RFC") to perform past work as a security guard or taxi dispatcher. Stephens was limited to sedentary work with normal breaks. His limitations further required the option to alternate between sitting and standing approximately every 45 minutes, but the positional change would not render him off task more than 10 percent of the work period. He could occasionally climb ramps and stairs, balance, stoop, crouch, kneel and crawl, but never climb ladders, ropes, or scaffolds.

The ALJ's unfavorable decision became final when the Appeals Council did not review the decision. Stephens filed a complaint for district court review. The district court upheld the agency decision. This appeal followed.

II. Discussion

We review the district judge's decision de novo and therefore ask whether the ALJ based her decision on substantial evidence. Jones v. Astrue , 623 F.3d 1155, 1160 (7th Cir. 2010). We will reverse the Commissioner's finding only if it is not supported by substantial evidence or if it is the result of an error of law. Lopez ex rel. Lopez v. Barnhart , 336 F.3d 535, 539 (7th Cir. 2003). Substantial evidence means "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Pepper v. Colvin , 712 F.3d 351, 361-62 (7th Cir. 2013) (quoting Richardson v. Perales , 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) ). In rendering a decision, the ALJ must build a logical bridge from the evidence to her conclusion. See Steele v. Barnhart , 290 F.3d 936, 941 (7th Cir. 2002).

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888 F.3d 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-berryhill-ca7-2018.