Phillips v. Barnhart

• Decision Date: 23 January 2004
• Docket Number: No. 03-13705 Non-Argument Calendar.,03-13705 Non-Argument Calendar.
• Citation: 357 F.3d 1232
• Parties: Renee S. PHILLIPS, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner, Social Security Administration, Defendant-Appellee.
• Court: U.S. Court of Appeals — Eleventh Circuit

357 F.3d 1232

Renee S. PHILLIPS, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner, Social Security Administration, Defendant-Appellee.

No. 03-13705 Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

January 23, 2004.

Charles Lee Martin, Decatur, GA, for Plaintiff-Appellant.

Robert David Powell, Richard V. Blake, Mary Ann Sloan, Dennis R. Williams, John Stoner, J. Patrick Powers, Atlanta, GA, for Defendant-Appellee.

Appeal from the United States District Court for the Northern District of Georgia.

Before ANDERSON, HULL and WILSON, Circuit Judges.

HULL, Circuit Judge:

Renee S. Phillips, through counsel, appeals the district court's order affirming the Commissioner's denial of her application for social security disability insurance benefits under 42 U.S.C. § 405(g). After review, we vacate the district court's order and remand this case to the Commissioner for further consideration of Phillips's application for social security disability insurance benefits.

I. BACKGROUND

The main issue on appeal is under what circumstances may an Administrative Law Judge ("ALJ") rely on the Medical Vocational Guidelines instead of a vocational expert. Because the ALJ's authority to rely on the Medical Vocational Guidelines instead of a vocational expert depends in part on the severity of Phillips's limitations, we first review Phillips's medical history.

A. Phillips's Application

On October 27, 1998, Phillips applied for disability insurance benefits, alleging that she had been disabled and unable to work since July 31, 1997. Phillips claimed to be disabled due to fibromyalgia, chronic fatigue, cervical facet syndrome, irritable bowel syndrome, Sjögren's syndrome, bilateral sacroiliitis, a herniated disk, depression, mitral valve prolapse, and urinary tract infections.

On April 26, 2000, the ALJ conducted a hearing to determine Phillips's eligibility for disability insurance benefits. At the hearing, the ALJ heard testimony from Phillips and reviewed extensive medical records covering Phillips's medical history from 1993-2000. We outline that evidence.

B. Phillips's Testimony

At her hearing, Phillips testified that she was an unemployed, 45-year-old high school graduate, with one year of vocational training in secretarial science and business. Phillips further testified that she previously had worked for the State of Georgia for 18 years as a clerk, administrative assistant, administrator of the food and farm program, quality improvement coordinator, and director of community service programs.

According to Phillips, she left her position as director of community service programs in 1993 or 1994 due to exhaustion, headaches, muscle and body aches, and fatigue. Thereafter, she transferred to the office of quality control, where she worked until she retired due to her alleged disability in July 1997. Phillips stated that she did not consider taking another position that was less demanding with a state agency because she "didn't feel financially that there was any reason for that, to go backwards in [her] career." Phillips also surmised that taking a job with a reduced salary would affect her retirement benefits.

Phillips testified that her daily routine consisted of reading the paper, drinking coffee, watching the news, and doing things around the house such as laundry and starting dinner. Additionally, she stated that she talked on the phone, shopped for groceries, went to the mall, painted sometimes, and had taken painting lessons. Phillips also stated that since she quit working, she had traveled by car to several destinations for leisure purposes in the southeastern United States. Phillips also flew to Mexico to attend her daughter's wedding. Finally, Phillips told the ALJ that she drove to the drug and grocery stores two to three times per week.

In addition to her other conditions, Phillips testified that she didn't manage anxiety very well and that she was "probably all the time moderately depressed." However, Phillips stated that her emotional condition was not disabling in and of itself, and that she could probably do a "very less, less stressful job that wasn't very physically demanding for a short period of time but probably not every day and certainly not all day every day." Phillips explained that stressful psychological or emotional situations caused her physical condition to worsen.

C. Medical History From Treating Physicians

In 1993, Phillips began treatment with Dr. Sam Schatten, a rheumatologist. Phillips complained of: eye, mouth, and nail dryness; memory loss; itching; muscle pain; low energy; fatigue; trouble sleeping; easy bruising; and mitral valve prolapse. Dr. Schatten remained Phillips's primary treating physician through the time of her administrative hearing in this case.

Dr. William Whaley, a specialist in oncology and hematology, examined Phillips on July 13, 1995, and indicated that he thought Phillips had Sjögren's syndrome, mitral valve prolapse syndrome, multiple urinary tract infections, fibrocystic disease of the breast, and allergies. Dr. Whaley reported that "[t]he problem list looks a little long, but [Phillips] is basically a 40 year old completely and fundamentally healthy state employee."

On February 26, 1996, Phillips saw Dr. Olivia Mulligan, an endocrinologist, complaining of night sweats, muscle pain, irritability, and brief depression. However, all test results were normal.

On October 14, 1996, Phillips saw Dr. Amy Lang, a specialist in physical medicine and rehabilitation, complaining of constant neck and back pain that averaged 5 on a scale of 1 to 10 in intensity. Dr. Lang reported that the pain was beginning to interfere with Phillips's participation in social and recreational activities and completion of household chores and projects. Dr. Lang noted that Phillips demonstrated "multiple symmetric tender points above and below the diaphragm meeting the criteria for fibromyalgia syndrome." An October 26, 1996, radiology report indicated small to moderately sized disc herniation in two places on Phillips's cervical spine. The remainder of Phillips's spine appeared normal.

On December 30, 1996, Phillips's psychologist, Mary Melton, Ph.D., terminated treatment after six months, noting "major depression resolved." On an employer's form for disability retirement verification, Dr. Melton noted that Phillips's depression was not disabling, and that Phillips had been "successful in treatment for depression and in altering lifestyle to adjust for her chronic illness."

On December 31, 1996, Dr. Lang noted that Phillips's "left-sided neck pain is `almost well.'" Dr. Lang's examination notes indicated that Phillips's cervical active range of motion was within normal limits with no pain reported. Dr. Lang diagnosed cervical facet syndrome (characterized by neck pain and a decrease in range of motion of the neck); regional myofascial pain syndrome of the neck and upper back; bilateral sacroiliitis (inflammation of the sacroiliac joint (located between the lumbar spine and the pelvis)); one centimeter right leg length discrepancy; depression, with noted intolerance of Paxil side effects; and Sjögren's syndrome, noted as stable. Dr. Lang provided Phillips with heel inserts to correct the leg discrepancy and to help Phillips's sacroiliitis. That same day, Dr. Lang wrote a separate report to an insurance provider, diagnosing fibromyalgia and cervical degenerative disease.¹

On February 26, 1997, Dr. Lang noted that Phillips's stabilization exercises and stretching program had helped to decrease fibromyalgia symptoms and that her pain had been reduced to soreness. On May 28, 1997, Dr. Lang documented Phillips's problems as Sjögren's syndrome; fibromyalgia; cervical spondylosis (lesion of the spine of a degenerative nature); cervical facet syndrome; bilateral sacroiliitis; pes planus (flatfoot); one centimeter leg length discrepancy; and depression, noted as treated.

Dr. Lang noted that Phillips did not pursue cervical facet rhizotomy (surgical severance of spinal nerve roots to relieve pain), nor did Phillips fill the prescription for orthotics to correct the leg length discrepancy. Dr. Lang indicated that Phillips was planning to file for long-term disability due to inability to keep up with the pace at work. Dr. Lang wrote that virtually all activities of daily living aggravated Phillips's pain problems, and that she felt "overwhelmed by chronic pain and depression."

On June 25, 1997, Dr. Whaley evaluated Phillips and performed comprehensive laboratory and physical testing. Dr. Whaley described the issue as: "is she disabled by virtue of a medical condition such as hypothyroidism, lupus, collagen vascular disease, or is the disability psychiatric?" On July 16, 1997, Dr. Whaley documented normal test results and reported that "[w]e still don't know if she really is disabled or not but if she is disabled, it is certainly not from anemia, hypothyroidism, biochemical abnormality or lupus." Dr. Whaley noted that Phillips was to be seen by Dr. Gene Abel, a psychiatrist, for evaluation and consultation.² Dr. Whaley also noted that Phillips had discontinued using Plaquenil, a drug used to manage the symptoms of Sjögren's syndrome.

On July 22, 1997, Dr. Susan Dreyer, a specialist in physical medicine, diagnosed chronic back and neck pain, secondary to fibromyalgia; remote history of disk herniation (stable); and history of depression. Dr. Dreyer emphasized the importance of aerobic exercise and stretching in treating fibromyalgia. Radiology reports from that day revealed that Phillips's lumbar spine was normally aligned and the interspaces were well maintained, with mild degenerative disc disease at one of Phillips's vertebrae.

On November 5, 1998, Dr. Schatten indicated that Phillips's exercise routine consisted of water aerobics 2-3 times weekly and walking one and a half miles four to five times per week. On December 21, 1998, Dr. Whaley...