Thelma D. HOGG, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee

987 F.2d 328, 1993 U.S. App. LEXIS 1088, 1993 WL 49475
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 15, 1993
Docket92-5320
StatusPublished
Cited by38 cases

This text of 987 F.2d 328 (Thelma D. HOGG, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee) 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
Thelma D. HOGG, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee, 987 F.2d 328, 1993 U.S. App. LEXIS 1088, 1993 WL 49475 (6th Cir. 1993).

Opinion

PER CURIAM.

Plaintiff-Appellant Thelma D. Hogg appeals the district court’s grant of summary judgment affirming the Health and Human Services Secretary’s denial of her application for social security disability benefits. For the reasons stated, we affirm.

' I.

Hogg filed applications for a period of disability, disability insurance benefits and supplemental security income in 1989. The applications were denied. She then requested a hearing before an administrative law judge (“AU”). The AU conducted a hearing on July 23, 1990. The evidence presented to the AU included the following:

Hogg was born on March 12, 1935. She had seven years of formal education and obtained a GED. Her past work experience included being a sewing machine operator from 1957 to 1982 and a sales clerk. As a sewing machine operator, she used a foot pedal and lifted bundles weighing 2 to 40 pounds. Hogg stated that she left this job because she had high blood pressure and felt nervous.

Hogg stated that she had been taking Inderal (used to combat hypertension) for 15 years, and that she took Pronocal, Ta-gamet, and Cartasan. She stated that she did not always take the medication as it was prescribed. Hogg testified that she drove to vocational training every day, shopped, prepared meals, did laundry, and cared for her teenage son. Additionally, Hogg stated on a disability report that she enjoyed crocheting and reading, attended church three times a week, and visited with family two or three times a week.

*330 Hogg’s brother, David Lackey, testified that he took Hogg’s blood pressure on occasion. He stated that her pressure was sometimes as high as 200. Lackey testified that he sometimes called an ambulance to take Hogg to the hospital because her blood pressure was so high.

Hogg alleged entitlement to benefits based on-various somatic complaints including heart palpitations, stomach problems, a hernia, high blood pressure, and nerves. Hogg alleged a disability onset date of June 2, 1984. After the onset date, Hogg worked for one week as a salesperson and four days as a floor assistant at Walmart in October 1986.

Hogg had been treated by numerous physicians. In 1976, Hogg was hospitalized for chest pain. From February 20, 1976 to February 19,1982, Hogg was treated by Dr. Louis Yoessel, MD, for complaints of stomach pain, intestinal pain, heart palpitations, and breathing problems. She was treated by Dr. Philip Bertram, MD, on February 6, 1987 for heartburn, excessive gas, and poor emptying of food from the stomach. Dr. Bertram noted that she improved with medication and that he expected .that her physical problems would place no restrictions on her ability to sit, stand, lift or carry. Subsequently, Dr. Bertram noted that Hogg should avoid prolonged bending, lifting, or standing due to her heartburn.

Several physicians assessed Hogg’s ability to perform work-related activities. Dr. Bertram completed a medical assessment of Hogg’s ability to perform work-related activities on March 6, 1989. Dr. Bertram noted that Hogg could lift ten to twenty pounds, stand at least two hours of an eight-hour workday, and sit at least six hours. Similarly, on March 6, 1989, Dr. Crowe, MD, an examining physician, completed a medical assessment of Hogg’s ability to do work-related activities, wherein he stated that she had no impairment-related physical limitations.

Additionally, Dr. P.K. Jain, MD, another examining physician, completed a medical assessment of Hogg’s ability to perform work-related activities on March 6, 1989, wherein he stated that she had no impairment-related physical limitations. Dr. Jain noted on October 12, 1989, that Hogg could lift no more than ten pounds occasionally, stand no more than two hours, and sit no more than six hours. He attributed these limitations to hypertension, anxiety, and depression. Dr. Yoessel, who treated Hogg from 1976 to 1982, believed that none of her conditions were severe enough to cause permanent disability. Finally, on June 4, 1990, Dr. James Sullivan, MD, another examining physician, stated that he was unable to find “anything at all the matter” with Hogg. Tr. at 461.

Hogg also underwent treatment for depression and anxiety. On August 16, 1985, Hogg underwent a consultative psychological evaluation by Thomas L. Pettigrew, MA, and Dr. Elliott Ward, PhD. Psychological tests showed that Hogg suffered mild to moderate anxiety and depression, dependent personality traits, and passivity. The examiners concluded that Hogg probably would not function well in vocational settings which required independence, initiative, and minimal supervision. The examiners noted that production quotas and responsibilities would evoke anxiety. The examiners also noted, however, that Hogg’s cooperation and effort throughout the testing were excellent. They opined that Hogg would make a very good “follower” because she was motivated by pleasing others. They also felt that she would benefit from vocational evaluation and that her anxiety and depression were likely to abate with counseling.

Hogg was treated for her depression by Dr. Kenneth B. Carpenter, MD. Dr. Carpenter reported on October 18, 1985 that Hogg appeared to have an obsessive personality with depressive features, but that her prognosis was good. On March 24, 1986, Dr. Carpenter noted that Hogg’s condition was unchanged, and that she seemed *331 to have little motivation to improve her situation. However, Dr. Carpenter noted that Hogg showed improvement in May 1986, although he was not satisfied with the extent of improvement. On February 19, 1987, Dr. Carpenter completed a medical assessment of Hogg’s work-related abilities, stating that “if she could find a light duty job she might be able to handle it well.” Id. at 260.

After his evaluation in 1987, Dr. Carpenter assessed Hogg’s work-related abilities and concluded that she was not significantly limited in her ability to understand and remember, interact socially, or adapt. He noted that she was limited to some degree in her ability to concentrate due to easy fatigue and anticipation of physical problems.

On April 3, 1989, Dr. Carpenter noted that Hogg was a very gracious person who related well with others. He noted that she appeared to be able to follow directions and could handle light work. Similarly, on April 28, 1989, Dr. Carpenter observed that Hogg was able to relate to people adequately and maintain a schedule. He also observed that she appeared quite able to understand and remember instructions and procedures. He noted again that she was limited in her ability to concentrate because she fatigued easily.

Hogg was also treated for her anxiety by Nina B. Lunn, L.C.S.W. Ms. Lunn began treating Hogg on October 17, 1985 and saw her regularly for counseling. Ms. Lunn noted in May 1986 that the goal of counseling was employment. Ms. Lunn reported that Hogg experienced a setback in December 1986, but also stated at that time that Hogg would be able to handle the stress involved in some occupations.

Following the July 23, 1990 hearing, the ALJ, on August 29, 1990 found that Hogg was not entitled to a period of disability, disability insurance benefits, or supplemental security income. Hogg requested Appeals Council review; however, that review was denied on December 27, 1990.

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987 F.2d 328, 1993 U.S. App. LEXIS 1088, 1993 WL 49475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thelma-d-hogg-plaintiff-appellant-v-louis-w-sullivan-md-secretary-ca6-1993.