Rebecca Pepper v. Carolyn W. Colvin
712 F.3d 351
| 7th Cir. | 2013Background
- Pepper applied for Social Security disability benefits in 2008, with an onset date amended to October 18, 2002, and last insured date December 31, 2007.
- ALJ denied benefits; Pepper sought district-court review, which was affirmed; Pepper appeals to the Seventh Circuit.
- ALJ found Pepper had the RFC for light work with avoidance of pulmonary irritants/hazards; found mental impairment (depression) not severe.
- District court and ALJ relied on substantial-evidence review; Pepper contends errors in RFC assessment and credibility.
- Medical records show multiple physical and mental impairments (knee/neck/back, vision, asthma, obesity, depression) with episodic migraines; obesity discussed as a contributing factor.
- VE testimony supported that Pepper could perform past relevant work prior to the date last insured; district court affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| RFC findings supported by substantial evidence | Pepper argues ALJ failed to articulate how evidence supports light-work RFC | Pepper cannot show the ALJ failed to link evidence to RFC | RFC supported by substantial evidence |
| Migraine headaches properly considered in RFC | Migraine frequency and impact were underestimated | Record shows migraines managed with medication; not disabling | ALJ adequately discussed migraines; upheld |
| Vision impairments properly addressed in RFC | ALJ relied on post-ins insured-date evidence; mischaracterized impairment | Pre-insured impairments were noted and considered; no effect on RFC | Substantial evidence supports vision-related conclusions; upheld |
| Depression/special-technique evaluation | ALJ failed to apply 404.1520a special technique explicitly | Failure to explicitly apply technique was harmless given record | Harmless error; substantial evidence supports not-severe finding and RFC denial |
| Credibility determination | Boilerplate reasoning renders credibility unsupported | ALJ linked testimony to RFC and daily activities; not patently wrong | Credibility affirmed; boilerplate not reversible error |
Key Cases Cited
- McKinzey v. Astrue, 641 F.3d 884 (7th Cir. 2011) (scaffold for substantial-evidence standard and not reweighing evidence)
- Shideler v. Astrue, 688 F.3d 306 (7th Cir. 2012) (must build logical bridge from evidence to conclusion)
- Craft v. Astrue, 539 F.3d 668 (7th Cir. 2008) (special technique analysis in mental impairments; harmless-error principle)
- Prochaska v. Barnhart, 454 F.3d 731 (7th Cir. 2006) (obesity considerations may be harmless if other evidence supports limits)
- Eichstadt v. Astrue, 534 F.3d 663 (7th Cir. 2008) (relevant date-last-insured considerations; pre-existing conditions limits)