Tripp v. Astrue

489 F. App'x 951
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 20, 2012
DocketNo. 11-3191
StatusPublished
Cited by59 cases

This text of 489 F. App'x 951 (Tripp v. Astrue) 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
Tripp v. Astrue, 489 F. App'x 951 (7th Cir. 2012).

Opinion

ORDER

Michael Tripp, a 49-year-old former home remodeler and warehouse manager, applied for disability insurance and supplemental security income under the Social Security Act. He claims that an ankle injury has left him incapable of gainful employment. After an evidentiary hearing, an administrative law judge concluded that Tripp could perform unskilled sedentary work and the ALJ therefore denied benefits. The Appeals Council denied review of that decision, which the district court also upheld. Because substantial evidence supports the ALJ’s decision, we affirm the denial of benefits.

Tripp broke his right leg and ankle in a January 2007 car accident. Medical images revealed multiple tibia and fibula fractures and displacement at the ankle mortise. A surgeon installed two plates and several screws to repair the damage. Tripp started with physical therapy in March 2007. Diagnostic images taken in April confirmed satisfactory healing of one tibia fracture but only minimal healing of his fibula and a second tibia fracture. The images also revealed osteopenia (low bone-mineral density) in the ankle, with disuse osteoporosis noted as the likely cause. Already, though, Tripp “occasionally” was walking on the injured foot, and by May, when his ankle was next evaluated by his surgeon, he reported a “50% improvement” in symptoms. He suffered a setback in June after hurting his ankle while swimming, but his surgeon’s treatment notes indicate that in mid-July he reported that his ankle was “60% better” than after the car crash.

Meanwhile, Tripp had applied for Social Security benefits at the end of June 2007. Earlier that month he had consulted with Dr. Thomas Rappette, a podiatrist. X-rays confirmed that the bones in Tripp’s leg had healed, but Dr. Rappette concluded that Tripp eventually might need an ankle fusion or joint replacement because his ankle joint appeared to have collapsed [953]*953and the articular cartilage was “pretty-much void.” In a report apparently prepared in conjunction with Tripp’s application for benefits, Dr. Rappette noted that he walked with a cane and opined that his capacities to stand, walk, and turn were “more than 50% reduced.” Tripp himself also said, in a standard-form “Activities of Daily Living” questionnaire, that he could stand and walk for up to an hour, but only with crutches.

That same month, and again in July and August, Tripp completed for his physical therapist a questionnaire about his ankle. Twice he reported that he was using “2 canes or crutches” and walking only indoors, but in August 2007 he disclosed his ability to walk one to three blocks without a cane, which he needed only for “long walks.” Also in August a physician contracted by the Bureau of Disability Determination Services (the arm of the Illinois Department of Human Services tasked with making initial decisions on applications for disability benefits, see 42 U.S.C. § 421(a)(1); 20 CFR §§ 404.1613, 416.1013) examined the medical record and projected that, by the January 2008 anniversary of Tripp’s auto accident, he should be able to sit, or stand and walk, for six hours of an eight-hour work day.

The state agency denied Tripp’s application for supplemental security income in July 2007, and his application for disability insurance benefits in August 2007. After that his condition appeared to worsen, at least on paper. In another standard “Activities of Daily Living” questionnaire, which Tripp submitted to the state agency in October 2007 while his case was being reconsidered, he acknowledged that he was driving a car but said he needed crutches or two canes to stand, walk, and balance. That same month Tripp also consulted Dr. Vinod Motiani, an internist, who did not conduct any diagnostic tests but did write the state agency saying that Tripp could “stand for a few minutes and does need a crutch,” and even with crutches could “barely walk, maybe 10 to 15 steps.” Dr. Rappette then recorded in a November 2007 progress note that Tripp’s ankle was “very painful and swollen” and had compressed further on the right side.

In December 2007, after reconsideration, the state agency again denied Tripp’s applications for benefits. Tripp did not appear before the ALJ until 17 months later in May 2009, yet he submitted no medical evidence covering that period.

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Bluebook (online)
489 F. App'x 951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tripp-v-astrue-ca7-2012.