Terri Anderson v. Michael J. Astrue
2012 U.S. App. LEXIS 22025
| 8th Cir. | 2012Background
- Anderson applied for social security disability benefits on February 15, 2007, alleging disability beginning January 19, 2006 due to fibromyalgia, arthritis, heart problems, and IBS.
- At the time of the hearing, Anderson was 45, had a high-school education, and lived with her husband and adult son.
- Anderson alleged disability primarily from pain in her neck and lower back, and testified to prior work as a waitress and clerical worker, among other jobs.
- She testified to limited standing, sitting, and walking ability, with extensive time in a seated role and some daily activities despite pain.
- Dr. Kent Cooper, Anderson’s treating neurologist, completed a checkbox-form “Evaluation of Functional Capacity” suggesting significant work-related limitations.
- The ALJ found Anderson had degenerative lumbar and cervical disease and general myalgia, assessed a limited residual functional capacity (sedentary to light), found she could perform past relevant work, and concluded she was not disabled; the Appeals Council denied review and the magistrate judge affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight given to Dr. Cooper’s functional-capacity evaluation | Anderson contends the ALJ erred in discounting Cooper’s opinion. | The ALJ properly discounted the conclusory checkbox form as inconsistent with treatment notes and records. | ALJ’s discount of Cooper’s evaluation is supported by substantial evidence. |
Key Cases Cited
- Wildman v. Astrue, 596 F.3d 959 (8th Cir. 2010) (treating-physician evidence may be discounted when conclusory or unsupported by medical records)
- Hogan v. Apfel, 239 F.3d 958 (8th Cir. 2001) (rejecting medical statements that stand alone without corroborating medical evidence)
- Teague v. Astrue, 638 F.3d 611 (8th Cir. 2011) (ALJ properly discounted physician notes lacking significant findings)
- Owen v. Astrue, 551 F.3d 792 (8th Cir. 2008) (daily activities can reveal inconsistencies with claimed limitations)
- Ludden v. Bowen, 888 F.2d 1246 (8th Cir. 1989) (need not require complete bed rest to be disabled)