Sims v. Barnhart

• Decision Date: 04 October 2002
• Docket Number: No. 02-1515.,02-1515.
• Citation: 309 F.3d 424
• Parties: Linda SIMS, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee.
• Court: U.S. Court of Appeals — Seventh Circuit

309 F.3d 424

Linda SIMS, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee.

No. 02-1515.

United States Court of Appeals, Seventh Circuit.

Argued August 6, 2002.

Decided October 4, 2002.

Patrick H. Mulvany (argued), Indianapolis, IN, for plaintiff-appellant.

Karen L. Sayon (argued), Social Sec. Admin., Office of the General Counsel, Chicago, IL, for defendant-appellee.

Before POSNER, EASTERBROOK, and MANION, Circuit Judges.

MANION, Circuit Judge.

Linda Sims appeals from the district court's order upholding the denial of her applications for disability insurance benefits ("DIB") and supplemental security income ("SSI") by the Social Security Administration ("SSA"). Sims contends that the decision by the Administrative Law Judge ("ALJ") is not supported by substantial evidence because the ALJ ignored or misstated significant medical findings in the record. We affirm the district court's judgment.

I. Background

Sims was born in 1952 and has a high school equivalent education. In the early 1990's she worked as a cashier, but stopped working in July 1995, allegedly because of migraine headaches, hypertension, difficulties concentrating, memory problems, anxiety, depression, shortness of breath, and chronic pack pain. Despite those problems, Sims worked at home in 1996 and 1997 as a part-time telemarketer.

A. Sims's Physical Impairments

Sims was first diagnosed with hypertension in October 1995 after complaining of migraine headaches and blurred vision. A doctor at Wishard Memorial Hospital ("Wishard") in Indianapolis noted Sims's elevated blood pressure and prescribed anti-hypertensive medication. A week later the doctor noted that Sims's blood pressure had "greatly improved," and Sims reported a decrease in headaches. Sims stopped taking her medication two months later because she allegedly could not afford the cost. In December 1996 Dr. Eugena Burrow documented Sims's elevated blood pressure and encouraged Sims "to follow up for appropriate treatment of her blood pressure." Sims did not receive any treatment until September 1997, when Dr. Kendrick Henderson noted her elevated blood pressure and prescribed anti-hypertensive medication. In the following months Sims's blood pressure remained high, and numerous medical reports indicate that Sims often did not take her medication as prescribed.

Sims went to the emergency room three times in April 1998 and once in August 1998, each time due to syncope (fainting). Sims's examination in August for syncope included a computed tomography ("CT") scan of her brain, which, according to Dr. Stacy Greenspan, revealed "generalized atrophy" and "focal areas of decreased attenuation" that were consistent with old lacunar infarcts.¹ The CT scan, however, revealed no acute abnormalities. Her discharge summary opined that the syncope episodes were most likely due to dehydration.

Sims's kidney problems were first recognized in May 1998 when she underwent a renal scan for her elevated renin² level. Dr. Henderson noted that the scan did not reflect the location of Sims's right kidney. During Sims's hospitalization a few months later for syncope, a CT scan revealed a normal left kidney and a small right kidney that appeared to "function somewhat symmetrically" with the left kidney. The discharge summary concluded that Sims's "small kidney may be contributing to blood pressure problems and even syncope" and that her "[i]ncreased renin may be due to possible renal artery stenosis of the right kidney."³ The following month Dr. Hee-Myung Park concluded that a renal scan revealed a decrease in Sims's left kidney function from the previous May as well as a nonfunctioning right kidney. In early 1999 Dr. Harold Lenett noted that Sims's right renal arteries were completely occluded and that she had a single left renal artery with mild stenosis, which was "probably not clinically significant." Despite these kidney problems, Sims's highest serum creatinine level⁴ was 1.4 mg/dL — only slightly higher than the normal range of 0.6-1.2 mg/dL. See The Merck Manual, supra note 2 at 1375.

At the request of the state agency, Dr. Angel Ablog examined Sims in May 1998. Dr. Ablog noted Sims's hypertension, found no problems with motor functioning, and reported that Sims's "gait [wa]s strong, steady, and fair." The following September, Dr. Henderson examined Sims and diagnosed hypokalemia (low potassium concentration in the blood) and severe hypertension related to renal artery stenosis. He concluded that Sims's hypertension and hypokalemia were controllable with treatment and warned Sims to avoid heavy lifting and strenuous activities until her potassium and blood pressure were normalized.

B. Sims's Mental Impairments

In February 1998 psychologist J. Mark Dobbs examined Sims at the request of the state agency. He diagnosed "Major Depression, recurrent, mild" and "Panic disorder with agoraphobia (agoraphobia mild)." He noted Sims's poor concentration, but described her as cooperative and oriented. Dr. Dobbs documented no motor or neurological impairments, but noted that Sims complained of frequent headaches. Dr. Dobbs assigned Sims a Global Assessment of Functioning ("GAF")⁵ rating of 60. Three months later Sims was assigned a GAF rating of 70.

At the request of the state agency, psychologist Dr. Steven Herman evaluated Sims in December 1998. Sims underwent numerous psychological tests, and Dr. Herman concluded that Sims's IQ of 72 was "within the borderline range." Sims's reading, spelling, and arithmetic scores were consistent with her IQ, but her performance on the Halstead-Reitan Neuropsychological Battery⁶ showed "very poor spatial memory" and "poor strategizing [sic] skills." Dr. Herman assigned Sims a GAF rating of 68.

C. Sims's Applications for DIB and SSI

In October 1997 Sims applied for DIB and SSI benefits, but the SSA denied them. Sims then had a hearing before an ALJ at which she and a vocational expert ("VE") testified. At the hearing Sims recounted her medical problems and testified that although she rarely socialized with others, she drove approximately fifteen miles a week, went grocery shopping, did her laundry, attended church every other week, fed and dressed herself, and cooked dinner. She also admitted that her medication calmed her and lowered her blood pressure.

After hearing the testimony, the ALJ denied Sims's claims using the familiar five-step analysis. See 20 C.F.R. §§ 404.1520, 416.920; Bowen v. Yuckert, 482 U.S. 137, 140-42, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987); Dixon v. Massanari, 270 F.3d 1171, 1176 (7th Cir.2001). The ALJ was satisfied at Step 1 that Sims had not engaged in substantial gainful activity since her onset date of July 27, 1995, even though she had worked as a part-time telemarketer in 1996 and 1997. The ALJ then concluded that Sims satisfied Step 2 because she had a combination of severe impairments, including hypertension, kidney disease, anemia, lacunar infarcts, borderline intellectual functioning, and depression. At Step 3, however, the ALJ concluded that those impairments, considered alone or in combination, did not meet or equal in severity any listed impairment presumed severe enough to preclude gainful work. See 20 C.F.R. Pt. 404, Subpt. P, App. 1; 20 C.F.R. §§ 404.1520(d), 416.920(d). Thus, the ALJ moved to Step 4 and, based on the testimony of the VE, concluded that Sims was unable to perform her past relevant work. Finally, the ALJ considered Sims's residual functional capacity ("RFC") under Step 5 to determine if other work existed that Sims could perform. See 20 C.F.R. §§ 404.1520(f), 416.920(f). The ALJ concluded that Sims could perform "simple and repetitive light work (standing and walking for at least six hours per day, with maximum lifting of twenty pounds and frequent lifting of ten pounds) not involving unusual stress, driving, work at unprotected heights, or operating dangerous moving machinery." Relying on the testimony of the VE, the ALJ found that approximately 8,600 such jobs — 6,780 assembly jobs, 830 production worker jobs, and 990 hand sorter jobs — existed in the state of Indiana. Accordingly, the ALJ denied Sims's applications, and the Appeals Council denied Sims's request for review.

II. Analysis

We will uphold the ALJ's decision if it is supported by substantial evidence, but will remand the case if the decision contains legal error. Dixon, 270 F.3d at 1176. Evidence is substantial when it is sufficient for a reasonable person to conclude that the evidence supports the decision. Clifford v. Apfel, 227 F.3d 863, 869 (7th Cir. 2000). In reviewing the ALJ's decision, we will not reweigh the evidence or substitute our own judgment for that of the Commissioner. Id.

A. Step 3 Determination

Sims contends that her impairments are severe enough for her to qualify automatically for benefits under Step 3. She argues that she qualifies under listings 6.02 (impairment of renal function), 11.04B (central nervous system vascular accident), 12.02 (organic mental disorder), 4.03 (hypertensive cardiovascular disease), 12.04 (affective disorder), and 12.06 (anxiety related disorder). To be found presumptively disabled, Sims must meet all of the criteria for a listed impairment or "present medical findings equal in severity to all the criteria for the one most similar listed impairment." Sullivan v. Zebley, 493 U.S. 521, 530-31, 110 S.Ct. 885, 107 L.Ed.2d 967 (1990) (emphasis in original).

Sims first argues that she qualifies under listing 6.02 because of "left kidney-renal artery stenosis and right kidney total dysfunction." To qualify under listing 6.02, a claimant must have an impairment of renal function that either raises the claimant's serum creatinine to 4.0 mg/dL or requires dialysis or a kidney transplant. See 20 C.F.R. Pt. 404, Subpt. P, App. 1, § 6.02. Because the record does not indicate that Sims requires dialysis or a kidney transplant, the ALJ analyzed Sims's...