Mildred Thomas v. Carolyn Colvin
745 F.3d 802
| 7th Cir. | 2014Background
- Mildred Thomas applied for SSDI and SSI (Dec 2009), claiming sciatica, diabetes, angina, trigger thumb, COPD, and morbid obesity (BMI ~45).
- Consultative exam (Dr. Patil) showed reduced lumbar/hip/knee ROM, difficulty squatting/getting on exam table, and x‑ray evidence of narrowed disc space; state reviewer (Dr. Kenney) concluded RFC for light work.
- At hearing Thomas testified she could stand ≤15 minutes, sit ≤20 minutes, walk ~½ block, needed to lie down frequently for pain, used an inhaler four times daily, and had limited left‑thumb use.
- ALJ found eight severe impairments but concluded Thomas could perform light work with avoidance of concentrated dust/fumes/gases; ALJ discredited parts of Thomas’s testimony based on treatment history, normal gait/neurologic tests, and lack of medical “necessity” to lie down.
- Appeals Council denied review; district court affirmed. Seventh Circuit reviewed de novo and reversed, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ properly evaluated claimant's symptom testimony | Thomas: ALJ improperly discredited her pain testimony; medical record and testimony support limitations | SSA: Treatment records, normal exams, and lack of objective need to lie down undermine credibility | Reversed: ALJ gave flawed and illogical reasons; cannot rely on those to discredit testimony |
| Whether ALJ considered combined effects of impairments in RFC | Thomas: ALJ failed to assess combined impact of back/leg pain, respiratory issues, fibromyalgia, thumb problem, obesity | SSA: RFC based on consideration of individual impairments; light work limit appropriate | Reversed: ALJ failed to evaluate impairments in concert; likely underestimates restrictions, including left‑hand limits affecting past work |
| Whether ALJ had duty to order pulmonary function testing | Thomas: ALJ should have ordered requested PFT to develop full record | SSA: Record contained evidence of pulmonary disorders; further testing not clearly needed | Held: No clear error; ALJ not required to order PFT absent indication test would add material information |
| Whether ALJ erred by not obtaining a medical source statement from consultative examiner | Thomas: ALJ should have requested a medical source statement from Dr. Patil | SSA: RFC determination is reserved to the ALJ; obtaining such a statement is discretionary | Held: No requirement to obtain medical source statement; ALJ did not abuse discretion |
Key Cases Cited
- Elder v. Astrue, 529 F.3d 408 (review of ALJ decisions in Social Security appeals)
- Simila v. Astrue, 573 F.3d 503 (ALJ must build an accurate and logical bridge from evidence to RFC)
- Schomas v. Colvin, 732 F.3d 702 (deference lessened where ALJ’s findings rest on factual or logical error)
- Arnett v. Astrue, 676 F.3d 586 (ALJ may not ignore medical evidence contrary to conclusion)
- Villano v. Astrue, 556 F.3d 558 (lack of objective medical evidence alone insufficient to discredit symptoms)
- Smith v. Apfel, 231 F.3d 433 (ALJ duty to develop a full and fair record)
- Nelms v. Astrue, 553 F.3d 1093 (completeness of administrative record generally committed to ALJ discretion)