Steven Friend v. Commissioner of Social Security

375 F. App'x 543
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 28, 2010
Docket09-3889
StatusUnpublished
Cited by239 cases

This text of 375 F. App'x 543 (Steven Friend v. Commissioner of Social Security) 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
Steven Friend v. Commissioner of Social Security, 375 F. App'x 543 (6th Cir. 2010).

Opinion

PER CURIAM.

Steven J. Friend (“Friend”) appeals from the district court’s judgment affirming the decision of the Commissioner of Social Security (“Commissioner”) denying Friend’s applications for disability insurance benefits and supplemental security income. He argues that the Administrative Law Judge (“ALJ”) that heard his case erred in determining his “residual functional capacity” (“RFC”) as required by Social Security regulations; this error, Friend claims, arises from the ALJ’s unwarranted rejection of the conclusions of Friend’s treating physicians, and from the ALJ’s failure to take into account relevant restrictions on Friend’s mental capacities. Because the ALJ failed to provide good reasons for rejecting the opinions of Friend’s treating physicians, we remand.

I

Friend, born in 1962, is a former factory laborer, inspector, and janitor with a grade-school education who resided, at all times material to this case, in Wooster, Ohio. He last worked for a pallet-manufacturing company; beginning as an inspector, his job entailed ensuring that pallets were constructed properly. On occasion, he was required to lift 75 to 80 lbs. At some point during his employment with that company, Friend injured his shoulder, requiring surgery and a reassignment to the less-physically-demanding job of janitor. He continued his employment as a janitor until the plant at which he worked closed, allegedly near the end of 2002.

*545 Friend filed claims for disability insurance benefits and supplemental security income on April 22, 2005, alleging that, as of November 30, 2002, he had become unable to work because of a heart problem, impingement syndrome affecting his right shoulder, depression, and illiteracy. According to his application, these conditions had first bothered Friend on November 24, 2001. Among the physicians treating Friend for his conditions were Dr. Dale Angerman, a general practitioner, and Dr. Kenneth Shafer, a cardiologist.

On October 29, 2002, Friend saw Dr. Angerman for a follow-up visit after having been admitted to the hospital for observation five days earlier due to complaints of an irregular heartbeat. Dr. Angerman’s notes show that, during Friend’s hospital observation, he had an EKG, blood work, and a chest x-ray; the EKG and blood work were normal, and the x-ray showed some scarring at the top of his right lung. Though Friend told Dr. Angerman that he was experiencing intermittent dizziness, the doctor’s objective findings indicated that Friend’s “[hjeart show[ed] a regular rhythm without murmurs or gallops.” Dr. Angerman assessed Friend as experiencing palpitations, depression, and chest pain, and his notes indicate that he would refer friend for a stress test in order to further evaluate Friend’s condition.

On November 7, 2002, Friend underwent the stress test recommended by Dr. Angerman at Wooster Community Hospital. The results of the stress test were evaluated by cardiologist Dr. Kenneth Shafer, who noted that the test “was remarkable for nonsustained ventricular tachycardia in recovery.” Dr. Shafer’s notes disclose that Friend had been admitted for observation and further evaluation of his ventricular tachycardia, including heart catheterization. According to Dr. Shafer, the catheterization would help diagnose any cardiomyopathy (disease of the heart muscle) and/or ischemia (decreased flow of blood, generally due to a blockage in a blood vessel) that might be responsible for the exercise-induced tachycardia.

The catheterization was performed the next day by Dr. Shafer. In the subsequent report detailing his findings, Dr. Shafer found Friend’s left ventricular function to be moderately depressed, with an ejection fraction (the portion of blood pumped out of the ventricles with each heartbeat) of 45%. His overall impression was as follows:

Mr. Friend presents with nonsustained ventricular tachycardia, syncope and an abnormal stress [test]. The [stress test] was a false positive. He has no significant fixed coronary disease. There is a moderate cardiomyopathy with elevation of left ventricular end diastolic pressure. Right ventricular end diastolic pressure was normal. The ventricular tachycardia may be related to his cardiomyopa-thy or may be independently due to a different mechanism.

Dr. Shafer further advised Friend that he was “at risk of sudden cardiac death and further episodes of syncope and that he [was] placing himself and others in jeopardy if he fails to follow up with treatment.” In his discharge summary, Dr. Shafer further opined that “[bjecause of the normal coronaries it is obvious that his ventricular tachycardia is not on an ischemic basis.... He has normal right ventricular function on an echo but his left ventricular systolic function is depressed to around 40%. He may have a low grade cardiomyopathy of another etiology.”

Friend saw Dr. Shafer again on February 25, 2003, in order to obtain the cardiologist’s clearance to have shoulder surgery. Though Friend’s heart condition was not the reason for this visit, Dr. Shafer’s notes indicated that he did review the history of that condition with Friend, and advised *546 that there were still “unanswered questions regarding the nature of his ventricular arrhythmia and its relation to stress.” Specifically, Dr. Shafer told Friend that “[i]t may be an innocent rhythm ... or it may be that it is related to a cardiomyopa-thy and that he is still at risk. These questions can only be answered with a followup cardiac echo and an [electrophy-siology] study.”

Dr. Shafer subsequently authorized an electrophysiology study as “medically necessary” to determine whether Shafer’s heart condition would prevent him from receiving anesthesia during his shoulder surgery. That study, performed by cardiologist Gregory Bonavita on June 13, 2003, demonstrated “[i]nducible polymorphic ventricular tachycardia,” which was “likely on the basis of the patient’s prior cardiomyopathy.” Dr. Bonavita noted that Friend would receive an internal cardiac defibrillator (a pacemaker) “due to the presence of cardiomyopathy which can increase his risk for sudden arrhythmic death from other types of [ventricular tachycardia], not yet identified.” The defibrillator was implanted on the same day as the electrophysiology study, June 13, 2003. Dr. Shafer saw Friend for follow-up on June 16, 2003, at which time it was noted that Friend was experiencing unremarkable levels of postoperative swelling and irritation; the doctor noted that he would see Friend for follow-up in about four months.

The next indication in the record of treatment by Dr. Shafer is a follow-up office visit dated May 26, 2005, and the doctor’s notes on that occasion indicated that Friend had returned for his first visit in two years. An echocardiogram was recommended. A subsequent echocardiogra-phy final report dated May 30, 2005, noted that Friend had a normal left ventricle size with moderate global systolic dysfunction and Stage I diastolic dysfunction.

Friend then underwent another stress test on June 21, 2005, which found his peak heart rate to be 164% of the predicted maximum and his left ventricular ejection fraction to be 49%, along with myocardial thickening; the examining physician indicated that he could not, from the results of the test, rule out myocardial ischemia. On June 29, 2005, Dr. Shafer noted that “[A] stress test since the last visit ...

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375 F. App'x 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steven-friend-v-commissioner-of-social-security-ca6-2010.