Zblewski v. Astrue

302 F. App'x 488
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 15, 2008
DocketNo. 08-1755
StatusPublished
Cited by42 cases

This text of 302 F. App'x 488 (Zblewski 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
Zblewski v. Astrue, 302 F. App'x 488 (7th Cir. 2008).

Opinion

ORDER

Alan Zblewski applied for disability insurance benefits and supplemental security income claiming that he was unable to [491]*491work because of medical conditions related to hepatitis C. His application was denied initially and upon reconsideration; an administrative law judge (“ALJ”) denied benefits and the Appeals Council denied review. The district court upheld the Commissioner’s decision. We affirm.

Background

Alan Zblewski worked primarily as a roofer, concrete finisher, and landscaper before applying for benefits. His medical history includes a sprained left shoulder and an injured right knee in 2008.

In April 2004 he was diagnosed with chronic hepatitis. In June 2004 he was hospitalized with abdominal pain, but the cause was never determined. A CT-scan noted multiple lymph nodes that were consistent with hepatitis. A biopsy in October 2004 showed liver cirrhosis. In October he began interferon therapy for his hepatitis, but because he did not tolerate the therapy well, he stopped the therapy the following month and never restarted it. Nevertheless, his hepatitis appears to be in remission.

In October 2004 Zblewski complained of sharp chest pain, tightness, and shortness of breath. Dr. Alan Singer performed a cardiac stress test that was negative for angina and ischemic electrocardiogram changes, and based on these test results concluded that Zblewski did not have a heart attack.

In July 2005 Dr. Julie Kulie, Zblewski’s treating physician, reported that a magnetic resonance imaging scan showed some mild stenosis in the cervical spine but no lumbar spinal pathology. In August 2005 rheumatologist Dr. Daniel Malone evaluated Zblewski’s complaints of arthralgia (joint pain) in his fingers and knees, concluding that he did not have rheumatoid arthritis.

In November 2004 nurse practitioner Patrice Kennedy, who had cared for Zblewski since June, completed a residual functional capacity (“RFC”) form for Zblewski noting that he could sit for twenty minutes at a time and for four hours in a workday, and could stand for twenty minutes and two hours in a workday. She stated that he could not work full-time, could lift less than ten pounds, and could not stoop or squat. She attributed his limitations to pain, arthralgia, fatigue, nausea, and the side effects of interferon therapy.

Another RFC form was completed in November 2004 by Dr. Kulie. Like Kennedy, she also noted that Zblewski could not lift ten pounds, could stand less than two hours, and had to change position every ten minutes. She also noted severe back pain, abdominal pain, testicular swelling and pain, as well as overall weakness and malaise secondary to hepatitis C treatment.

In September 2004 Dr. M.J. Baumblatt and in January 2005 Dr. Robert Callear, nonexamining state-agency physicians, reviewed Zblewski’s medical records and concluded that he could perform a full range of sedentary work.

At a hearing before an administrative law judge in December 2006, Zblewski testified about his medical condition. He testified that his rheumatoid arthritis caused constant pain in his back and both knees. This pain prevents him from standing for long or picking up his grandson, affects his balance, and requires him to use a cane. He testified he can wash dishes for only about fifteen minutes before the pain prevents him from continuing. Zblewski also testified about pain brought on by stress related to a previous heart attack, memory problems, high blood pressure, headaches, sleep problems, asthma, depression, and abdominal pain related to his hepatitis.

[492]*492A vocational expert (“VE”) also testified at the hearing. He compared Zblewski’s prior work experience to the descriptions in the Dictionary of Occupational Titles, concluding that a person of Zblewski’s age, education, and experience would have no transferable skills to light or sedentary-work. The VE was also asked how many jobs would be available to such a person limited to light or sedentary work that would allow for change of positions, sitting and standing at will, in addition to regular work breaks, with no more than occasional bending and twisting, and no more than occasional kneeling or squatting. The VE estimated that 4000 sedentary security guard and light-duty parking lot attendant positions existed in the regional economy. He also noted that based on his own experience, a person with these limitations would also be able to perform an additional 2000 assembly jobs in the regional economy.

The ALJ performed the requisite five-step analysis, see 20 C.F.R. §§ 404.1520, 416.920, concluding that Zblewski was not disabled because jobs remained available for him to perform. The ALJ found that Zblewski had not engaged in gainful work activity since April 1, 2004 (step one); that Zblewski had three severe impairments: chronic back pain, chronic knee pain, and hepatitis C (step two); that the severe impairments did not meet the listed impairments in 20 C.F.R. pt. 404, subpt. P, app. 1 (step three); that Zblewski had the residual functional capacity to perform light and sedentary work with occasional bending, twisting, kneeling, or squatting, given the opportunity to sit or stand, and therefore could not perform his past work (step four); and that Zblewski was not disabled because a person of his age, education, work experience, and residual functional capacity could perform a significant number of jobs (step five).

Analysis

The Residual Functional Capacity Determination

First, Zblewski argues the ALJ’s RFC determination is unsupported by substantial evidence because once the ALJ disregarded the opinions of Dr. Kulie and Kennedy, there was no other medical evidence in the record. He argues that the ALJ simply “played doctor” at step four, determining his RFC without the benefit of objective medical evidence.

The ALJ need not mention every piece of evidence, but an RFC determination must provide an “accurate and logical bridge” between the evidence and the conclusion that the claimant is not disabled. Craft v. Astrue, 539 F.3d 668, 673 (7th Cir.2008). Additionally, the RFC assessment must include a narrative discussion describing how the evidence, both objective and subjective, supports each conclusion. Conrad v. Barnhart, 434 F.3d 987, 991 (7th Cir.2006); S.S.R. 96-8p. “The adjudicator must also explain how any material inconsistencies or ambiguities in the evidence in the case record were considered and resolved.” S.S.R. 96-8p.

The record contains objective medical evidence supporting the ALJ’s RFC determination concerning Zblewski’s ability to sit or stand. Both Dr. Baumblatt and Dr. Callear found that Zblewski could perform sedentary work based on a consideration of Zblewski’s hepatitis diagnosis and his medical records. The record also reflects that when Zblewski tore his miniscus, he required only light-work restrictions, supporting the conclusion that his knee pain was not completely disabling. Additionally, MRI tests showed no significant lumbar abnormality and did not support a rheumatoid arthritis diagnosis. While the ALJ’s “bridge building” was cursory (and somewhat incomplete — he [493]*493made no reference to the evaluations of Dr. Baumblatt and Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
302 F. App'x 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zblewski-v-astrue-ca7-2008.