Buxton v. Halter, PLAINTIFF-APPELLANT

Decision Date14 March 2001
Docket NumberPLAINTIFF-APPELLANT,No. 00-3429,DEFENDANT-APPELLEE,00-3429
Citation246 F.3d 762
Parties(6th Cir. 2001) FRANCES BUXTON,, v. WILLIAM A. HALTER, COMMISSIONER OF SOCIAL SECURITY, Submitted:
CourtU.S. Court of Appeals — Sixth Circuit

Appeal from the United States District Court for the Northern District of Ohio at Cleveland. No. 99-00762--Ann Aldrich, District Judge.

Lester S. Potash (briefed), Cleveland, OH, for Appellant.

Michael Anne Johnson, Assistant United States Attorney (briefed), Cleveland, OH, for Appellee.

Before: Cole and Gilman, Circuit Judges; Borman, District Judge*.

OPINION

Borman, District Judge.

Plaintiff appeals from the district court's grant of judgment in favor of the Commissioner of Social Security. The issue presented in this case is whether there exists in the record substantial evidence to support the Commissioner of Social Security's determination that Frances Buxton is not entitled to disability benefits because she is not completely disabled from either physical or mental impairments. For the reasons that follow, we will AFFIRM the decision of the district court.

I. BACKGROUND
A. Procedural Background

Frances Buxton filed an application for Social Security disability benefits on August 2, 1993. Buxton alleged she was disabled by fatigue, weakness, and chemical sensitivity, with a disability onset date of March 12, 1993. Buxton's application was denied initially, and upon reconsideration, by the Regional Commissioner, Paul Barnes. Buxton then requested, and received, a hearing before an Administrative Law Judge ("ALJ").

At the hearing, Buxton was represented by counsel, and testified on her own behalf. Robert Mosley, a vocational expert, also testified at the hearing. The ALJ issued a decision finding Buxton not disabled. Buxton requested that the Appeals Council review the decision: that request was denied.

Buxton then filed a timely complaint in the district court seeking review of the ALJ's decision. Buxton and the Commissioner, thereafter, stipulated to a remand to the ALJ due to an inconsistency in the ALJ's decision regarding whether Buxton suffers from chronic fatigue syndrome. The ALJ then conducted a second hearing.

At the second hearing, Buxton was represented by counsel, but did not testify on her own behalf. A vocational expert (Carol Mosley) and two medical advisors (Drs. Cox and Schweid) testified at the hearing. The ALJ then found that although Buxton suffers from "severe impairments consisting of chronic fatigue syndrome, chemical sensitivity syndrome, depression, and somatoform disorder,"1 the impairments did not render her disabled. Buxton again requested review of the decision by the Appeals Council: that request was again denied. At that point, the ALJ's decision became the final decision of the Commissioner.

Buxton then filed the instant action in the district court. The magistrate judge issued a report and recommendation ("R&R"), recommending that the Commissioner's decision to deny benefits be affirmed. Buxton timely filed her objections. The district court judge, after considering the R&R as well as Buxton's objections, issued an order accepting the R&R, and entered judgment for the Commissioner.

Buxton filed a timely notice of appeal.

B. Factual Background

Frances Buxton is presently 51 years old, and was 49 years old at the time of the ALJ's decision. She completed high school, and attended one year of college. She is divorced and has two grown sons. Her past relevant work was as a secretary/office worker/coordinator. She was employed by Nestle Foods (previously Stouffer Foods Corp.), from approximately 1967 until March 2, 1993.

Buxton alleges a disability onset date of March 2, 1993, the day her employment at Nestle ceased. Buxton alleges that she stopped working due to chronic fatigue syndrome and multiple chemical sensitivities. Buxton was granted a period of disability benefits from her employer's disability insurer, based on a finding that Buxton suffered from depression.

1. Buxton's Self-Described Condition(s)

At the initial hearing before the ALJ in February of 1996, Buxton described her symptoms: bladder/urethra pain; fibromyalgia pain in her back, shoulders, knees, legs; aching/numbness/tingling in hands and legs; headaches; skin rashes; disorientation; depression. Buxton has never been hospitalized for any of her disorders. Buxton described a normal day as arising between 9 and 10 am, feeling weak and having to lie still for awhile; getting up and making herself tea and a light breakfast, and sitting/reading while she eats; taking a bath at 11 am; lying down to rest for 15 minutes after the bath because of exhaustion; depending on how she feels, then reading a book, or trying to dust or vacuum; making herself lunch/dinner. Sometimes she drives locally, but freeways bother her condition. She goes out for dinner occasionally, but cannot stay long depending on the amount of chemicals at the restaurant. She can sometimes read newspapers briefly.

As part of her application for disability benefits, Buxton filled out a Disability Report2. On that report, Buxton indicated that she cooked for herself and her son; shopped often because she could not tolerate being in stores for a long period of time and could not carry many bags; could no longer handle yard maintenance. She further indicated her hobbies were walking and reading, and that she could drive her car. She indicated that she did some visiting with friends and relatives, but came home when she began feeling tired. Buxton expressed her opinion regarding the causal connection between her sensitivity to multiple chemicals, and her chronic fatigue: "I have fatigue, weakness & suffer from many symptoms when exposed to any chemical. The fatigue will come & go, nothing consistent."

Buxton also filled out a Reconsideration Disability Report in connection with her application for benefits3. In it, she summarized her complaints as follows: "To summarize: I can't go anywhere, stay anywhere for any length of time without reacting to some chemical or becoming tired. I stay home a lot."

In a letter addressed to the ALJ, dated August, 1998, which was introduced at the second hearing in lieu of her appearance, Buxton again described her ailments. For instance, Buxton explained:

HHV6 showed up very high for me.... HHV6 is one of the viruses believed to cause CFIDS (Chronic Fatigue Immune Dysfunction). I was very ill with flu symptoms for a very long time.... I no longer have flu-like symptoms. What I am left with is immune system dysfunction. My immune system overreacts to foods, dust, pollens, molds, trees, grass etc. but most severely to chemicals. Even minute amounts can cause me to have debilitating reactions. There are many & varied symptoms: confusion, memory loss, dizziness, depression, crying, fibromyalgia, weakness, headaches, earaches, burning in all my orifices (throat, nose, up my urethra to my bladder[)].

Buxton further opined that it was her chemical sensitivities which caused some of her cognitive symptoms:

With all due respect to the vocational expert, even a small office (such as an insurance agency) could be disasterous [sic] to me. Paint, carpeting, perfume, hair spray, cleaning products, insecticide, copy machines, etc. will cause severe reactions for me. I would be so confused, irritable, forgetful, sick & in pain that no employer would want me. When I am in a comfortable, controlled area, I am a different person. I can take care of myself. I am happy then and have a good, positive attitude.

2. The Medical Evidence
a. Treating Physician, Dr. Kratche

Family practitioner Dr. Robert Kratche first treated Buxton from late 1991 to late 1992. In response to a question regarding Buxton's limitations to do work-related activities, Dr. Kratche wrote: "In my opinion, Fran Buxton is fully capable of performing any and all activities delineated above. She is bright and articulate and has no demonstrable physical disability." Dr. Kratche directed the reader's attention to his patient notes for July 15, 1992 and August 5, 1992. Dr. Kratche's note on July 15, 1992 reads as follows:

S: Patient is a 43 year old white female who presents quite upset with a complaint of 3 year history of chronic fatigue. She states that various chemicals including the chlorine in her water at home tend to make her quite weak. She also gets some sore muscles and some symptoms of urethritis with burning. She has apparently been doctor shopping over the last 3 years seeing a multitude of doctors giving each a 6 month window to cure her. She has had all kinds of allergy testing which has been positive via skin testing for practically everything. She currently is being treated for allergies to dust, mites, molds, corn, wheat, yeast, beet sugar, chocolate, milk, soybean, tomato and tea as well as fermelohide [sic], ethyl and chlorine, phenol and glycerine and Candida. Some of her old records that were forwarded include a positive EBV [Epstein-Barr Virus] titer. She is convinced that she has chronic fatigue syndrome secondary to EBV now. She also has positive anti-thyroid antibodies both antimicrobial and antithryroglobulin. She states that she has had RAST testing as well although these results have not been forwarded to this office. She apparently was treated with Synthroid for several months but finished her medication a couple weeks ago and never got it refilled. When asked about depression she began to cry and state [sic] that many of the doctors that she has seen have told her to have something done about her head, however she does not seem to want to accept this type of approach. She states that once she feels good she is fine but when she feels sick that is when she gets depressed. She apparently has considered suicide by taking all of the pills in her house. However she has never attempted this and does not appear to be suicidal at this time.

Dr....

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