Wolfgram v. Astrue
2:12-cv-00632
E.D. Wis.Jan 18, 2013Background
- Wolfgram applied for SSI/DI benefits alleging ulcerative colitis and asthma prevented work; SSA denied, ALJ denied after hearing, Appeals Council denied; final decision by Commissioner reviewed in district court.
- Treatment history includes Remicade and prednisone with periods of symptom control and later flare-ups; February 2009 colonoscopy showed active colitis; Dr. Dozer treated with 6-MP and adjusted Remicade.
- Plaintiff’s functional reports show frequent bathroom needs (roughly every two hours during flare-ups) and fatigue, with past work as mechanic, forklift driver, and floor scrubber.
- ALJ found severe impairments but determined RFC for light work with three unscheduled breaks per eight-hour day to use the bathroom; breaks estimated at five to ten minutes each.
- Treating and non-treating opinions were weighed, with state agency doctors' opinions adopted for light work and Dr. Dozer’s hourly bathroom-break requirement given little weight; vocational evidence found forklift operator as past work.
- The district court ultimately affirmed the ALJ’s decision; plaintiff challenges whether the breaks and weight of medical opinions were appropriately considered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ properly weighed medical opinions | Wolfgram faults ALJ for favoring state doctors over treating Dozer | Baumblatt/Khorshidi opinions supported by record; discount of Dozer’s hours justified by inconsistency | Yes; ALJ gave legitimate reasons for weight assignments |
| RFC determining breaks for bathroom use | RFC should reflect hourly breaks due to colitis | Record shows breaks of every two hours; three unscheduled breaks plus standard breaks adequate | Affirmed; RFC supported by record and testimony |
| Reliance on work history with UC as evidence of non-disability | Long work history with UC contradicts disabling effects | Long tenure consistent with ability to work; not dispositive of disability | Affirmed; substantial evidence supports this inference |
Key Cases Cited
- Jelinek v. Astrue, 662 F.3d 805 (7th Cir. 2011) (substantial evidence standard; must build a logical bridge from evidence to decision)
- Weatherbee v. Astrue, 649 F.3d 565 (7th Cir. 2011) (substantial evidence and scope of review requirements)
- Shideler v. Astrue, 688 F.3d 306 (7th Cir. 2012) (affirming ALJ decision if reasonable reading of evidence supports it)
- Castile v. Astrue, 617 F.3d 923 (7th Cir. 2010) (commonsensical reading of the record; avoid nitpicking when reasonable)
- Bjornson v. Astrue, 671 F.3d 640 (7th Cir. 2012) (credibility and RFC determinations; harmless error considerations)