McKinzey v. Astrue
641 F.3d 884
| 7th Cir. | 2011Background
- McKinzey applied for Social Security disability benefits in 2004 with an onset date of February 27, 2003.
- ALJ found she could perform light work and denied benefits.
- McKinzey alleges disability primarily from bilateral cubital tunnel syndrome, ulnar neuropathy, and related hand/arm impairments.
- She pursued multiple training programs (dental hygiene, radiology, EEGs) but could not complete due to hand/vision problems.
- Medical history includes fibromyalgia, degenerative disc disease, Raynaud's syndrome, vision issues, and prior skin cancer treatments.
- ALJ's residual functional capacity included light work with non-exertional vision and handling limitations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility of McKinzey's symptom claims | McKinzey argues ALJ misweighed evidence, ignored reasons for not undergoing surgery | ALJ properly discounted exaggeration based on record evidence | ALJ's credibility supported by substantial evidence |
| Treatment of Dr. Vincent's hand-use opinion | ALJ failed to articulate weight given to state agency opinion | Harmless error; treating opinion outweighed by other evidence | Remand not required; harmless error determined to be non-prejudicial |
| Vision impairments and non-exertional limits | Non-exertional vision limits require vocational expert consideration | Vision issues do not significantly reduce occupational base; grids appropriate | No remand; grids supported by record evidence |
Key Cases Cited
- Nelms v. Astrue, 553 F.3d 1093 (7th Cir. 2009) (review of final SSA decision on appeal)
- Skinner v. Astrue, 478 F.3d 836 (7th Cir. 2007) (standard for substantial evidence review)
- Richardson v. Perales, 402 U.S. 389 (Supreme Court 1971) (substantial evidence standard articulated)
- Skarbek v. Barnhart, 390 F.3d 500 (7th Cir. 2004) (credibility determinations must be rationally based on findings)
- Brindisi ex rel. Brindisi v. Barnhart, 315 F.3d 783 (7th Cir. 2003) (requires logical bridge from evidence to conclusion)
- Spiva v. Astrue, 628 F.3d 346 (7th Cir. 2010) (harmless error standard for procedural missteps)
- Elder v. Astrue, 529 F.3d 408 (7th Cir. 2008) (treating physician rule discussed)
- Luna v. Shalala, 22 F.3d 687 (7th Cir. 1994) (non-exertional limitations must substantially reduce work range to displace grids)