Iv'Leania Parker v. Carolyn W. Colvin
660 F. App'x 478
| 7th Cir. | 2016Background
- Plaintiff Iv’Leania Parker applied for DIB and SSI alleging disability from May 2011 due to breast cancer (status post double mastectomy and reconstruction), fibromyalgia, carpal tunnel syndrome, and glaucoma; ALJ denied benefits and Appeals Council and district court affirmed.
- Medical record: successful cancer surgeries and reconstructive procedures with physicians reporting she was "doing well" and imposing no work limitations; no treating physician assigned functional limits.
- Diagnoses/procedures: cervical spondylosis on MRI, EMG that did not show carpal tunnel, ophthalmology visits showing preserved visual acuity with laser treatment for early open-angle glaucoma.
- Consultative exam and state reviewers found largely normal strength, gait, and 20/20 vision; physical therapy improved neck/back range to ~90%.
- At hearing, Parker testified to severe pain, limited standing/sitting/walking and impaired hand use; VE and ALJ assessed an RFC allowing light work with specific non-exertional limits and concluded Parker could perform past relevant work and other jobs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ improperly ignored MRI/CT brain findings (possible demyelination/MS) | MRI/CT show possible MS which the ALJ failed to consider and which could impose functional limits | Radiology did not diagnose MS; treating neurologist did not diagnose or assign limits; scans do not undermine RFC | ALJ permissibly omitted extensive discussion; scans did not establish a disabling condition or functional limits and record lacked treating diagnosis or restrictions |
| Whether ALJ failed to consider non-severe impairments in RFC | ALJ did not adequately account for non-severe impairments (carpal tunnel, glaucoma) when assessing RFC | ALJ considered these impairments; medical evidence and lack of treatment/limitations support nonsevere findings | ALJ appropriately considered nonsevere impairments; substantial evidence supports RFC |
| Whether ALJ’s credibility assessment was insufficient | ALJ improperly discounted Parker’s pain testimony without adequate explanation | ALJ relied on conservative treatment, normal exam findings, activities of daily living, and lack of physician-imposed limits | Credibility finding was supported by specific record evidence and not "patently wrong" |
| Whether ALJ erred at Step 2 finding carpal tunnel and glaucoma nonsevere | Those conditions are severe and at least minimally limit basic activities | Evidence only showed occasional blurred vision and hand pain without functional effects or objective findings | Step 2 is a de minimis screening; ALJ reasonably found these impairments nonsevere given the record |
Key Cases Cited
- Moore v. Colvin, 743 F.3d 1118 (7th Cir. 2014) (ALJ need not discuss every piece of evidence, but must not ignore contrary evidence)
- Terry v. Astrue, 580 F.3d 471 (7th Cir. 2009) (ALJ cannot ignore evidence that undermines decision)
- Myles v. Astrue, 582 F.3d 672 (7th Cir. 2009) (ALJ’s duty to consider the record as a whole)
- Scrogham v. Colvin, 765 F.3d 685 (7th Cir. 2014) (Appeals Council denial makes ALJ decision the Commissioner’s final decision for review)
- Moon v. Colvin, 763 F.3d 718 (7th Cir. 2014) (ALJ should not make independent medical findings)
- Curvin v. Colvin, 778 F.3d 645 (7th Cir. 2015) (upholding RFC where ALJ did not adopt any single treating doctor’s limitations but relied on record)
- Thomas v. Colvin, 745 F.3d 802 (7th Cir. 2014) (ALJ must consider non-severe impairments in assessing RFC)
- O'Connor-Spinner v. Colvin, 826 F.3d 953 (7th Cir. 2016) (Step 2 is a de minimis screening to exclude groundless claims)
- Stepp v. Colvin, 795 F.3d 711 (7th Cir. 2015) (carpal tunnel may be nonsevere absent evidence of functional limitations)