Skinner v. Astrue

• Decision Date: 07 March 2007
• Docket Number: No. 05-4094.,05-4094.
• Citation: 478 F.3d 836
• Parties: Roberta SKINNER, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner,<SMALL><SUP>*</SUP></SMALL> Defendant-Appellee.
• Court: U.S. Court of Appeals — Seventh Circuit

478 F.3d 836

Roberta SKINNER, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner,^* Defendant-Appellee.

No. 05-4094.

United States Court of Appeals, Seventh Circuit.

Argued May 31, 2006.

Decided March 7, 2007.

Frederick J. Daley, Jr., Marcie E. Goldbloom (argued), Violet H. Borowski, Daley, Debofsky & Bryant, Chicago, IL, for Plaintiff-Appellant.

Mona Ahmed (argued), Social Security Administration Office of the General Counsel, Chicago, IL, for Defendant-Appellee.

Before KANNE, EVANS, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

Roberta Skinner suffers from symptoms related to her diabetes and hypertension. In 2002 she filed an application for Supplemental Security Income ("SST"), which was denied initially and on reconsideration. Dissatisfied with these determinations, Skinner requested a hearing before an administrative law judge ("ALJ") but indicated that she did not wish to appear in person and asked that a decision be made based on the written record. The ALJ denied benefits, finding that Skinner's symptoms did not constitute a severe impairment limiting her ability to perform basic work-related activities. The Social Security Appeals Council denied review, and Skinner filed this action for judicial review in district court. The court granted summary judgment for the Social Security Commissioner ("the Commissioner").

On appeal Skinner contends the ALJ did not obtain a valid waiver of her right to counsel and failed to adequately explain the value of her personal appearance at a hearing. She also argues that the ALJ failed to fully and fairly develop the record and erroneously concluded her impairments were not severe. We affirm. Skinner received an adequate explanation of the consequences of waiving her personal appearance in the written waiver form she signed, and any procedural irregularity in Skinner's waiver of counsel was not prejudicial. The ALJ fully and fairly developed and considered the record, and his decision is supported by substantial evidence.

I. Background

Skinner was born in 1952 and completed her education through the eleventh grade. The record contains scant information about her work history apart from employment in the home care field from 1998 to 2000. This work involved bathing and dressing her client as well as performing household chores like cleaning, washing, cooking, and shopping. The ALJ characterized these activities, which involved stooping, kneeling, crouching, and crawling as medium to heavy in exertional demand and unskilled in nature. Skinner stopped working in 2000 because the pay was inadequate.

Skinner's diabetes and hypertension began troubling her in February 2002, when she was treated at South Shore Hospital in Chicago for a chief complaint of dizziness. The emergency room physician diagnosed dizziness, otitis media (an infection of the middle ear), and "DM" or diabetes mellitus. A computerized tomography scan of Skinner's brain showed no abnormalities; her other exam results were normal too. She was prescribed the drug Antivert to alleviate her dizziness.

Skinner's postemergency room treatment was overseen by Dr. Teresito Arcillas from February 2002 to October 2002. Progress notes from a February 18 visit indicate Skinner was still experiencing some dizziness but nevertheless felt better, although she did report a history of polyuria (frequent urination) and polydipsia (excessive thirst). Dr. Arcillas found Skinner's heart rate normal and her lungs clear. Explaining the importance of dietary restrictions for diabetics, Dr. Arcillas placed Skinner on an 1800-calorie diet and prescribed Glipizide (a stimulant for insulin production).

At another visit one week later, Dr. Arcillas again found Skinner's heart rate regular and her lung sounds good. Skinner was ambulatory and alert, but Dr. Arcillas increased her Glipizide dosage in response to an elevated fasting blood sugar and prescribed a glucometer to monitor blood sugar. Three weeks later, Skinner was feeling better and her polydipsia had abated. Finding Skinner's fasting blood sugar still too high, Dr. Arcillas again increased her Glipizide.

On April 21, 2002, Skinner was admitted as an inpatient to South Shore Hospital with diagnoses of dizziness, diabetes mellitus Type II, and possible coronary ischemia (decreased blood supply). Tests disclosed Skinner's blood pressure was elevated, as were her glucose and cholesterol levels. An electrocardiogram revealed abnormalities possibly indicative of ischemia. Skinner was admitted for observation and discharged the following day.

Dr. Arcillas continued to see Skinner during appointments over the next several months. At a June appointment, Dr. Arcillas prescribed Norvasc for Skinner's hypertension. The following month Dr. Arcillas prescribed Procardia to replace Norvasc as Skinner's blood pressure medication. In September 2002 Skinner reported an episode of hypoglycemia (abnormally low blood sugar) and daily headaches after taking her blood pressure pill. Her examination was normal, but Dr. Arcillas added Ecotrin (a brand-name aspirin) and nitrogylcerin to Skinner's medications. In October 2002 Skinner was still reporting dizziness, lightheadedness, and headaches.

Later in October 2002, Skinner switched physicians and started seeing Dr. Sarah Glavin. Dr. Glavin's notes from October 22, 2002, identify Skinner's conditions as hypertension, diabetes, seborrheic dermatitis (a scalp skin condition treated previously by Dr. Arcillas with a special shampoo), headaches, and lightheadedness. Dr. Glavin noted Skinner complained of throbbing chest pain occurring every couple of months, though those episodes lasted only for seconds. Skinner also reported sinus pressure that increased at nighttime. Dr. Glavin's examination of Skinner's lungs, heart, nose, throat, abdomen, and neurological functioning did not reveal anything abnormal. Dr. Glavin instructed Skinner to continue her Glipizide on a new schedule, and instead of Procardia, which Skinner believed was making her weak and causing headaches, Dr. Glavin prescribed another blood pressure medication, Enalapril.

On November 14, 2002, Skinner returned to Dr. Glavin with a request that she complete paperwork for public aid assistance. Skinner initially told Dr. Glavin she had been unable to work due to the side effects of the Procardia, but eventually acknowledged she was feeling much better and would be able to pursue employment. Dr. Glavin agreed that Skinner was capable of working despite her medical conditions.

During a December appointment, Skinner complained of fatigue over the prior month and intermittent dull headaches. Skinner told Dr. Glavin that on "bad" days these symptoms rendered her incapable of performing her daily activities. Skinner also complained of two hypoglycemic episodes, though Dr. Glavin's notes suggest that these bouts were related to Skinner's use of Glipizide without a full meal. Dr. Glavin indicated that previous blood tests were unexceptional and Skinner's lungs and heart were normal.

Three months later, in March 2003, Skinner again visited Dr. Glavin with a complaint that she had been feeling ill for three days. Skinner explained that she had awakened one morning with vertigo that lasted about fifteen minutes. On two other mornings, she experienced lightheadedness and sinus aching. Skinner also reported symptoms related to hypoglycemia, which were quickly resolved when she drank a glass of juice. Dr. Glavin suggested altering Skinner's medication to address these symptoms, but Skinner did not think it was necessary. At a subsequent visit in June 2003, Skinner reported dizziness and fleeting, intermittent pains at the top of her head. Dr. Glavin noted that all of Skinner's recent tests were normal and thought these symptoms were attributable to menopause.

Skinner filed her application for SSI benefits on April 17, 2002, while still under the care of Dr. Arcillas. In her disability report completed for the Social Security Administration ("SSA") in May 2002, Skinner identified two conditions that limited her ability to work: diabetes and high blood pressure. Though these conditions did not cause her pain, Skinner reported that they produced constant fatigue, thirst, weight loss, and some nausea and dizziness. In a "Daily Living Questionnaire" completed in July 2002, Skinner indicated she was able to perform household chores such as cleaning, dusting, and ironing two times per week. She explained she would go out to eat or to a movie occasionally, but her activities were hampered by frequent lightheadedness. She also indicated that after standing for a prolonged period she experienced foot pain as well as leg and back fatigue. She reported these symptoms did not affect her ability to bathe or dress herself.

In August 2002 the SSA determined Skinner was not disabled. Skinner requested reconsideration of this decision. In October 2002 she submitted another Daily Activities Questionnaire, claiming she experienced pain and weakness when using kitchen utensils, writing, dressing, carrying household items like laundry and groceries, and performing personal hygiene activities including washing and combing her hair. Skinner also stated that her knees, feet, and back hurt from activities such as entering or exiting a car, standing for long periods, standing up from a sitting position, showering, and climbing stairs. Still suffering from lightheadedness and fatigue, Skinner reported she needed to rest every hour when performing household chores. These limitations, according to Skinner, prevented her from participating in activities like bowling, dining out, and going to movies.

After review by a physician and disability examiner, the SSA held that its previous determination denying benefits was proper. Skinner then requested a hearing before an ALJ, but waived her right to personally appear and agreed to have her case decided on the written record. The ALJ found that the medical...