Willie R. ANDERSON, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of the Department of Health and Human Services, Defendant-Appellee

925 F.2d 220, 1991 U.S. App. LEXIS 2647, 1991 WL 18166
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 19, 1991
Docket90-2344
StatusPublished
Cited by39 cases

This text of 925 F.2d 220 (Willie R. ANDERSON, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of the Department of Health and Human Services, Defendant-Appellee) 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
Willie R. ANDERSON, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of the Department of Health and Human Services, Defendant-Appellee, 925 F.2d 220, 1991 U.S. App. LEXIS 2647, 1991 WL 18166 (7th Cir. 1991).

Opinion

RIPPLE, Circuit Judge.

Plaintiff Willie Anderson appeals from a summary judgment for defendant, the Secretary of Health and Human Services. On appeal, Mr. Anderson contends that there was not substantial evidence in the record to support the administrative law judge’s decision to deny his application for disability benefits as of September 30, 1980, the date his insured status expired. We affirm.

*221 I

FACTS

Mr. Anderson was born in 1951 and attended school until the eighth grade when he was expelled for fighting. He went on to the Job Corps, where he obtained a high school equivalency diploma. In 1968, he joined the United States Marine Corps. He was discharged after one month because of nervousness. At the age of nineteen, he shot himself in the arm; at the age of twenty-three, he tried to commit suicide by slitting his wrists.

Mr. Anderson held various jobs before becoming a “scrap man” in 1976 for Keystone Steel and Wire Company (Keystone) in Peoria, Illinois. He earned $10 per hour working eight hours a day, six days a week, and lifting between fifty and one hundred pounds. He worked at Keystone for three years until April 1979 when he was terminated for excessive absenteeism. He then spent short unsuccessful stints working as a gas station attendant, a janitor, and as a parts stripper for a used auto parts company.

On September 19, 1980, two weeks before his insured status expired, Mr. Anderson was admitted to St. Francis Hospital in Peoria for nervousness. The treating physician, Dr. Larry Jennings, noted at the time that Mr. Anderson’s mental status was good, and that his nervousness was probably related to situational anxiety. In other words, Dr. Jennings explained, Mr. Anderson had a short temper. Dr. Jennings was doubtful that Mr. Anderson was manic depressive because he did not have prolonged episodes of mania followed by depression. Mr. Anderson was released after several days. For outpatient therapy, Dr. Jennings prescribed valium for one month at bedtime.

Dr. Marvin Ziporyn reviewed Mr. Anderson’s medical records in 1987. He found that, as of September 80, 1980, Mr. Anderson exhibited the “A” criteria for the listed impairments in 20 C.F.R. pt. 404, subpt. P, app. 1, § 12.08 of the listings regarding personality disorders, but that Mr. Anderson did not exhibit functional restrictions of sufficient severity to satisfy the “B” criteria. Dr. Ziporyn also stated that Mr. Anderson’s mental residual functional capacity as of 1980 was no more than moderately limited in any category, and Mr. Anderson was capable of carrying out simple, unskilled work under normal supervision.

In 1988, after a hearing before the AU, psychologist Arthur Krasner examined Mr. Anderson and found that there was no clear-cut factual evidence regarding the length of his mental condition. Krasner stated that Mr. Anderson’s attempt at su-icidé and a shooting incident were evidence of a longstanding condition, but that no concrete medical evidence backed-up Mr. Anderson’s story.

Also in 1988, Dr. Donald Hurd administered the verbal portion of the Wechsler Adult Intelligence Scale-Revised test on which Mr. Anderson scored a verbal intelligence quotient of 71, which is lower borderline mentally retarded. Dr. Hurd stated that this measure probably reflected Mr. Anderson’s true level of capability. The clinical scales on the Minnesota Multiphasic Personality Inventory were elevated and showed an attempt to exaggerate symptoms. He called Mr. Anderson an extremely self-centered man who had intense feelings of inadequacy, apathy, withdrawal, and moodiness.

II

ADMINISTRATIVE AND DISTRICT COURT PROCEEDINGS

Mr. Anderson filed applications for both supplemental security income and for disability insurance benefits. The AU went through the five-step analysis prescribed by 20 C.F.R. §§ 404.1520, 416.920; Kapusta v. Sullivan, 900 F.2d 94, 95 (7th Cir.1989) (the standards for these two benefits are identical). The AU found that Mr. Anderson was not employed at the time of the hearing, and that he suffered from a severe impairment. The AU found that Mr. Anderson’s schizophrenia met the severity of impairments listed in 20 C.F.R. pt. 404, subpt. P, app. 1, Reg. No. 4, and that *222 disability was established for supplemental security income benefits as of April 21, 1987. The AU also found that this impairment did not exist before September 30, 1980 for purposes of disability insurance benefits. The AU stated that the evidence prior to 1980 showed Mr. Anderson's having problems with nervousness and short temper, but not having any specific mental disorder. Next, the AU considered whether Mr. Anderson retained the residual functional capacity to perform his past relevant work before September 30, 1980, and concluded that Mr. Anderson’s past work as a janitor did not require any duties prohibited by his impairments at that time.

Mr. Anderson filed exceptions with the Appeals Council to the AU’s recommended decision and introduced additional evidence including the reports from Krasner and Dr. Hurd, but the Appeals Council rejected Mr. Anderson’s contentions. Mr. Anderson then appealed the Secretary’s denial of benefits to the district court. The court granted the Secretary’s motion for summary judgment.

Ill

ANALYSIS

This court must affirm the final decision of the Secretary if that decision is supported by substantial evidence. 42 U.S.C. § 405(g); Kapusta, 900 F.2d at 96. Substantial evidence has been described as being more than a scintilla. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971). It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Id. This court does not reweigh the evidence, Pugh v. Bowen, 870 F.2d 1271, 1274 (7th Cir.1989), nor does it reconsider credibility determinations made by the ALJ. Imani v. Heckler, 797 F.2d 508, 512 (7th Cir.), cert. denied, 479 U.S. 988, 107 S.Ct. 580, 93 L.Ed.2d 583 (1986).

Mr. Anderson’s principal contention on appeal is that the Secretary failed to give full consideration to the medical evidence regarding Mr. Anderson’s mental disability which post-dated the insured period. Although evidence of the claimant’s condition during the post-insured period is relevant, Ray v. Bowen, 843 F.2d 998, 1005 (7th Cir.1988), the record in this case also contains strong contemporaneous medical evidence from his 1980 hospitalization that supports the AU’s conclusion that he was not mentally disabled at that time.

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925 F.2d 220, 1991 U.S. App. LEXIS 2647, 1991 WL 18166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willie-r-anderson-plaintiff-appellant-v-louis-w-sullivan-secretary-of-ca7-1991.