Hobbs v. Barnhart, No. C10-4055-PAZ (N.D. Iowa 3/21/2002)
| Decision Date | 21 March 2002 |
| Docket Number | No. C10-4055-PAZ.,C10-4055-PAZ. |
| Parties | CHARLES L. HOBBS, Plaintiff, v. JO ANNE B. BARNHART, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Northern District of Iowa |
The plaintiff Charles L. Hobbs ("Hobbs") appeals the decision by an administrative law judge ("ALJ") denying him Title II disability insurance ("DI") benefits and Title XVI supplemental security income ("SSI") benefits. Hobbs alleges he is disabled due to "[c]oronary heart disease (with history of mycocardial [sic] infraction [sic] and bypass surgery), arthritis in right hip and right ankle, right lung is partially collapsed with resultant shortness of breath, depression, obesity (260 lbs. at 5'11"), peptic ulcer, alcoholic (not drinking currently), [and] dizziness." (R. 242) Hobbs argues the ALJ erred in rejecting his subjective complaints of pain and limitations, and the ALJ relied upon an improper hypothetical question posed to the vocational expert. (Doc. No. 8, unnumbered p. 3)
Hobbs filed an application for SSI and DI benefits on March 11, 1993, alleging a disability onset date of December 31, 1986. (R. 14, 72-74) The applications were denied on July 22, 1993. (R. 14, 65-71) Hobbs did not seek reconsideration. (R. 14) Hobbs filed a second application on March 27, 1996, again alleging a disability onset date of December 31, 1986. (R. 14, 233-35) The application was denied initially on May 20, 1996 (R. 14, 219, 221-24), and on reconsideration on July 2, 1996 (R. 14, 220, 227-30). Hobbs requested a hearing (R. 231, 271-72), which was held on November 19, 1997, in Dakota Plaines, Iowa, before ALJ J.M. Johnson. (R. 37-64) Attorney William L. Forker represented Hobbs at the hearing. Hobbs testified in his own behalf, and Vocational Expert ("VE") Jack Reynolds also testified at the hearing. On January 21, 1998, the ALJ issued his opinion denying Hobbs's claim for benefits. (R. 11-25) The Appeals Council of the Social Security Administration denied Hobbs's request for review on April 11, 2001 (R. 6-8), making the ALJ's decision the final decision of the Commissioner.
Hobbs filed a timely Complaint in this court on May 31, 2001, seeking judicial review of the Commissioner's ruling. (Doc. No. 1) The parties consented to jurisdiction of this case by a United States Magistrate Judge, and on July 6, 2001, the Honorable Donald E. O'Brien transferred the case to the undersigned for further proceedings and the entry of judgment. (Doc. No. 3) Hobbs filed a brief in support of his appeal on October 11, 2001 (Doc. No. 8), and the Commissioner filed a responsive brief on November 29, 2001 (Doc. No. 9). The court now deems this matter fully submitted, and pursuant to 42 U.S.C. § 405(g), turns to a review of Hobbs's claim for benefits.
At the time of the hearing, Hobbs was fifty-nine years old, 5'11" tall, and weighed 256 pounds. He stated he had gained 50 pounds since he had bypass surgery in 1986. He has weighed as much as 276 pounds. He took Redux for three months and lost 30 pounds, but then the drug was taken off the market. Hobbs said his weight has been a continuing problem, and is not good for his heart condition. (R. 40-41)
Hobbs lives in Ottawa, Iowa. He attended college for one year. (R. 40) From 1981 to 1985, Hobbs worked as a franchise salesman for Jiffy Lube, where he would meet potential franchisees and open new franchises. (R. 41) In 1985, he was sent to Las Vegas "to take over and manage a Jiffy Lube that was having some financial problems." (Id.) At one time, Hobbs owned five Jiffy Lube stores in South Carolina. He bought the stores in about May of 1986, and sold them in December 1986 or January 1987, because he developed health problems that made it difficult for him to cope with five stores and 26 employees. (R. 42) Hobbs stated he had his first heart attack when he was 37 years old, and even though he had employees who did all the work, it was too stressful for him to continue managing the stores due to his health conditions. (R. 42-43) Hobbs has not worked at all since he sold his Jiffy Lube stores. (R. 43) He received income of $102,000 a year from the stores up until March of 1992. (R. 54) To Hobbs's recollection, the only income he has had since March 1992, was when he went back to work for Jiffy Lube for three or four weeks at one point. (R. 55) He was unable to continue working due to his health. (See Work Activity Report, R. 90-93)
For the last ten years, Hobbs has lived alone in a house his mother owns, and his mother has been supporting him. He has borrowed money from his brother-in-law. His son also helps contribute to his support. (R. 43) He does not smoke; he stopped smoking on February 22, 1986. (R. 58) He has not had a drink in 13 years.
Since his first heart attack at age 37, Hobbs has had other heart attacks. The worst one was in February 1986, while he was driving to Las Vegas, where he was living at the time. He had surgery on his heart following the attack. He has not had further heart attacks, but he suffers from "a lot of angina pain." (R. 43-44) Hobbs sees his family doctor, Dr. Garred, and also a Dr. Pagano in Omaha. Hobbs described his current treatment for his heart as follows:
[The doctor] stepped up my dosage of Tenormine (Phonetic) two weeks ago to see if he can't relieve the angina pain, and, he's got me on Procananite (Phonetic) to regulate the rhythm of my heart. Other than that he wouldn't — he wouldn't put me on a treadmill the other day to, you know, to exert my heart. But, I guess that's about the only thing. He told me, you know, not to be a couch potato but not to over exert myself either.
(R. 44) He stated the Tenormine helps the pain, but it makes him a little nauseous and dizzy. (R. 53) Hobbs's course of treatment basically has been the same for the past ten years, although his medications have changed from time to time as new drugs have come out. Hobbs carries nitroglycerine with him all the time, to take whenever he has angina pain. However, the nitroglycerine gives him terrible headaches, so he only takes it when he has severe pain. He reported taking nitroglycerine two times in the two weeks prior to the hearing, but his average is about once per month. (R. 44-45)
Hobbs said certain activities bring on his angina attacks. He walked on a treadmill for about ten years, but he stopped because it was causing angine. The same is true for most other forms of exercise. (R. 46)
Hobbs was diagnosed with degenerative arthritis in his hip ten to fifteen years ago., which he describes as "very, very painful." (Id.) It bothers him when he walks and when he sits, and "aches like you've got a toothache in your hip." (Id.) He is unable to walk or stand on concrete for very long before he has to sit down. (Id.) Hobbs has never had physical therapy or surgery on his hip, and he does not use a cane, brace or corset. He wears magnets around his waist, which helps "to a certain degree." (R. 57-58)
Hobbs stated he is unable to stand long enough to brush his teeth, so he brushes his teeth while sitting on the toilet seat. (R. 47-48) He is unable to walk from one end of a shopping mall to the other. His hip bothers him when he walks on concrete surfaces, and all the Jiffy Lubes had concrete floors. (R. 48) Hobbs described his usual routine when he was working at the Jiffy Lubes:
I would go out with my operations man and inspect the Jiffy Lubes. I had, you know, there were probably 50 to 60 miles apart from — the two furthest ones were probably that far apart and I'd go out and inspect those with him just to make sure that he was doing his job, and, I had a desk, I had an office, I had a secretary. It was mostly — most of my work was done, you know, just checking on my employees. I couldn't, you know, a half hour of sitting in one place [and] I'd have to get up and walk, and, then I'd walk so far that I couldn't walk anymore so I'd have to go sit again. It's even hard to lay down without, you know, getting up in the middle of the night walking around because you get, you know, you get pain so you got to walk it off.
(R. 48)
Hobbs stated he had problems because of the stress factors involved in running the business. (R. 48-49) He had someone else drive him around because he was more comfortable when he could lean his seat back. He did no heavy lifting, stating a briefcase was probably the heaviest thing he lifted. (R. 49)
Hobbs has "been a bachelor for a long, long time." (R. 50) He does not cook much and eats most of his meals out. He has employed a housekeeper ever since his divorce, and he stated, (R. 50) He washes his own clothes, but hires someone to do his yard work. He can ride a riding lawn mower but cannot "do the weedeating and the trimming of trees, and, the things that needed to be done." (Id.) Hobbs's mother pays his housekeeper and the yard keeper. She has given him "in excess of $40,000" in the past year. (R. 57) The money will be deducted from Hobbs's share of his mother's estate when she dies. (Id.)
Hobbs's primary recreational activity is playing golf. In the summer, or for about six months out of the year, he will play golf an average of five times per week. He uses a golf cart because he is unable to walk the distance of even one hole. (R. 51) Hobbs also plays cards about once a week. He enjoys reading, and averages reading one book per week. He also enjoys watching television, and playing with his dog. (R. 51-52)
Hobbs stated he is unable to sleep through the night, and he gets up three or four times....
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