Linda Roddy v. Michael Astrue
705 F.3d 631
| 7th Cir. | 2013Background
- Roddy suffers from degenerative disc disease with chronic back pain and other impairments, and applied for Social Security disability benefits after leaving work in 2005-2006.
- ALJ denied benefits after finding some severe impairments but concluded Roddy could perform sedentary work within a limited residual functional capacity.
- Roddy’s treating physician, Dr. Wright, opined she could work only six hours per day, five days per week, and warned her condition would worsen; the agency mainly credited a non-specialist, Dr. Dimitrov.
- MRI, discography, and spinoscopy showed spine degeneration and a torn disc associated with pain; Wright treated Roddy for years with injections and pain medications.
- Roddy’s employment history includes long tenure at Taco Bell; she stopped working due to pain but attempted part-time work.
- Appeals Council denied review; the district court denied Roddy’s petition for review, and Roddy appealed to this court seeking remand for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight given to treating physician Wright’s opinion | Roddy contends Wright’s opinion should be given controlling weight | Dimitrov’s opinion supported by overall record justifies crediting non-treating source | Remand for proper weighing of Wright’s opinion. |
| ALJ’s credibility and analysis of Wright’s opinion | ALJ failed to provide a bridge between evidence and conclusion and mischaracterized MRI results | ALJ’s credibility assessment within framework of regulations is sufficient | Remand to address proper consideration of treating physician and credibility findings. |
| Consideration of treatment history and daily activities in credibility | Failure to seek treatment due to cost/insurance should be explained and not automatically discredit claims; daily activities do not establish ability to work | Limited treatment and some daily activity can support credibility findings | Remand to reassess credibility with proper accounting of financial barriers and daily activities. |
| Impact of work history on disability determination | Past work and partial work attempts do not negate disability when overall evidence shows limitations | Work history consistent with some functional limitations supports that some sedentary jobs exist | Remand to re-evaluate functional capacity in light of work history. |
| Overall need for remand | ALJ’s errors require correction and full reconsideration | Record contains substantial evidence supporting decision | Vacate district court judgment and remand to SSA for further proceedings. |
Key Cases Cited
- Craft v. Astrue, 539 F.3d 668 (7th Cir. 2008) (need for logical bridge between evidence and conclusions)
- McKinzey v. Astrue, 641 F.3d 884 (7th Cir. 2011) (requirement of reasoned decision when weighing medical opinions)
- Skarbek v. Barnhart, 390 F.3d 500 (7th Cir. 2004) (treating physician weight and medical opinion status)
- Bjornson v. Astrue, 671 F.3d 640 (7th Cir. 2012) (consideration of medical opinions and functional capacity)
- Parker v. Astrue, 597 F.3d 920 (7th Cir. 2010) (credibility and error in evaluating subjective symptoms)
- Filus v. Astrue, 694 F.3d 863 (7th Cir. 2012) (critique of boilerplate credibility language)
- Hawkins v. First Union Corp. Long-Term Disability Plan, 326 F.3d 914 (7th Cir. 2003) (lay interpretation of credibility and disability)
- Murphy v. Astrue, 496 F.3d 630 (7th Cir. 2007) (need to resolve conflicts in medical opinions)
- Ketelboeter v. Astrue, 550 F.3d 620 (7th Cir. 2008) (treating-source opinions and regulatory framework)
- Jelinik v. Astrue, 662 F.3d 805 (7th Cir. 2011) (requirement to consider medical opinions in RFC assessment)