Kepple, II v. Massanari
| Decision Date | 04 October 2001 |
| Docket Number | No. 01-1155,01-1155 |
| Citation | 268 F.3d 513 |
| Parties | (7th Cir. 2001) Gerard C. Kepple, II, Plaintiff-Appellant, v. Larry G. Massanari, Acting Commissioner of Social Security, Defendant-Appellee |
| Court | U.S. Court of Appeals — Seventh Circuit |
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 99 CV 4469--Ian H. Levin, Magistrate Judge.
Before Bauer, Manion, and Evans, Circuit Judges.
In November of 1994, Gerard C. Kepple, II applied for disability benefits and supplemental security income with the Social Security Administration (SSA). His application and subsequent request for reconsideration were denied. Kepple then requested a hearing before an administrative law judge (ALJ); subsequently, the ALJ found that Kepple could perform certain sedentary jobs and denied his application. Kepple appealed to the Appeals Council, which denied review, making the ALJ's determination the final decision of the SSA. Kepple then sought judicial review of the SSA's decision denying his application in the district court based on 42 U.S.C. sec. 405(g). The district court affirmed the SSA's decision. On appeal to this court, Kepple argues that the evidence failed to support the ALJ's conclusions. For the reasons set forth in the following opinion, we affirm.
On November 10, 1994, Kepple applied for disability benefits and supplemental security income with the SSA claiming that he was disabled since April of 1990 due to a variety of medical problems stemming from diabetes. Kepple has not been employed since 1990 when he worked in his father's law office as a clerk. Prior to that he had worked on an assembly line and had loaded and unloaded trucks for a delivery service. At the time the ALJ rendered her decision in 1997, he was twenty nine years old, had graduated from high school, and had one year of college. At the time the district court rendered its decision, Kepple had three children, ages two, three, and six, and lived with his parents. He was the primary caregiver for the children, doing chores such as cooking and cleaning. Kepple was able to watch television, drive a car, and he took a trip to Hawaii in 1993.
Kepple's ailments stem largely from diabetes mellitus, and include kidney disease, diabetic retinopathy, cataracts, and fatigue. There is some disagreement over the actual acuity of Kepple's vision, which he argues was deteriorating but the ALJ found that it was approximately 20/60 (corrected) in both eyes. Due to his ailments, Kepple was un able to lift or carry more than ten pounds at a time, could only walk or stand for limited periods of time, and could not perform jobs that required peripheral vision or sustained reading. Most of Kepple's aliments, including his diabetes and vision problems, are controllable with proper treatments and dietary restrictions. However, Kepple has often failed to follow his dietary restrictions or obtain certain treatments causing further complications.
A medical expert, Dr. Glickman, an internist, testified at the hearing that Kepple could perform sedentary work with some vision restrictions. In a letter dated September 15, 1992, Dr. Rubinstein, a nephrologist, stated that Kepple's eyesight was diminishing and nearing blindness. However, this letter was contradicted by the reports of two ophthalmologists which concluded that Kepple's eyesight, while impaired, was stable.
A vocational expert also testified at the hearing that despite his ailments Kepple could perform between 1,600 and 3,400 unskilled sedentary jobs in the national economy. These jobs included cashier, security monitor, charge account clerk, telephone quotation clerk, and assembly worker. Based on the evidence and testimony produced at the hearing, the ALJ found that Kepple was not "disabled" within the meaning of the Social Security Act, 42 U.S.C. sec.sec. 423(a)(1)(D), 1382(a).
We employ the same standard of review as the district court and review the ALJ's findings to determine if they are "supported by substantial evidence." Richard v. Perales, 402 U.S. 389, 399-401 (1971); Powers v. Apfel, 207 F.3d 431, 434 (7th Cir. 2000). Substantial evidence, although more than a mere scintilla of proof, is "no more than such 'relevant evidence as a reasonable mind might accept as adequate to support a conclusion.'" Diaz v. Chater, 55 F.3d 300, 305 (7th Cir. 1995) (quoting Perales, 402 U.S. at 389). Though we review the entire record to determine if there is relevant evidence adequate to support the ALJ's conclusion, we do not decide the facts anew, re-weigh evidence, or substitute our judgment for that of the ALJ. Butera v. Apfel, 173 F.3d 1049, 1055 (7th Cir. 1999).
The dispute in this case is primarily over the weight accorded to the facts by the ALJ. Kepple argues that the ALJ "considered only evidence supporting the Acting Commissioner's position without explaining why evidence favorable to the claimant was not evaluated." However, as noted above we do not engage in a weighing of the evidence or substitute our judgment for that of the ALJ. From the record it is clear that the ALJ neither ignored evidence favorable to...
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