Dorothy SPARKS, Plaintiff-Appellant, v. Otis R. BOWEN, Sec'y of Health & Human Servs., Defendant-Appellee, 807 F.2d 616 (7th Cir. 1986). · Go Syfert
Dorothy SPARKS, Plaintiff-Appellant, v. Otis R. BOWEN, Sec'y of Health & Human Servs., Defendant-Appellee, 807 F.2d 616 (7th Cir. 1986). Cases Citing This Book View Copy Cite
62 citation events (2 in the last 25 years) across 10 distinct courts.
Strongest positive: Bergquist v. Astrue (iasd, 2011-03-07)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
discussed Cited as authority (rule) Bergquist v. Astrue
S.D. Iowa · 2011 · confidence medium
Jackson v. Bowen, 873 F.2d 1111, 1113 (8th Cir.1989) in which the Court, quoting Sparks v. Bowen, 807 F.2d 616, 616-17 (7th Cir.1986), wrote: “Pain and fatigue associated with a medically ascertainable cause may disable a person for purposes of the [Social Security] Act.” In the second place, the colonic sitz study which showed that Plaintiffs colon simply does not move food so that it can be properly digested is ample objective evidence to support Dr. Williams opinion and Plaintiffs subjective complaints.
discussed Cited as authority (rule) Elizabeth L. Cohen v. Secretary of Department of Health and Human Services (2×)
6th Cir. · 1993 · confidence medium
Sparks v. Bowen, 807 F.2d 616, 617-18 (7th Cir.1986).
cited Cited as authority (rule) Baber v. Sullivan
N.D. Ind. · 1991 · confidence medium
Sparks v. Bowen, 807 F.2d 616, 618 (7th Cir.1986).
discussed Cited as authority (rule) Thompson v. Sullivan
N.D. Ill. · 1990 · signal: cf. · confidence medium
An objectively adduced impairment will be found reasonably capable of producing pain if the claimant can establish “a loose nexus ... between the pain-causing impairment and the pain alleged.” Luna v. Bowen, 834 F.2d 161, 165 (10th Cir.1987); cf Sparks v. Bowen, 807 F.2d 616, 618 (7th Cir.1986) (requirement that claimant “show an objectively verifiable abnormality is designed to screen out claims by hypochondriacs and goldbricks”).
cited Cited as authority (rule) Kovacevich v. Sullivan
N.D. Ind. · 1989 · confidence medium
Arbogast v. Bowen, 860 F.2d 1400 , 1404 n. 5 (7th Cir. 1988), citing Veal v. Bowen, 833 F.2d 693, 698 (7th Cir.1987); Sparks v. Bowen, 807 F.2d 616, 618 (7th Cir.1986).
cited Cited as authority (rule) West v. Bowen
N.D. Ind. · 1989 · confidence medium
Sparks v. Bowen, 807 F.2d 616, 618 (7th Cir.1986).
discussed Cited as authority (rule) William R. JACKSON, Appellee, v. Otis R. BOWEN, M.D., Appellant
8th Cir. · 1989 · confidence medium
As the Seventh Circuit has stated, “[P]ain and fatigue associated with a medically ascertainable cause may disable a person for purposes of the [Social Security] Act.” Sparks v. Bowen, 807 F.2d 616, 616-17 (7th Cir.1986); see also Beavers v. Secretary of HEW, 577 F.2d 383 , 386-87 (6th Cir.1978).
cited Cited as authority (rule) Smith v. Bowen
N.D. Ill. · 1988 · confidence medium
Veal, 833 F.2d at 698 ; Sparks v. Bowen, 807 F.2d 616, 618 (7th Cir.1986).
discussed Cited as authority (rule) Paige v. Bowen
N.D. Ill. · 1988 · confidence medium
To accept a claimant’s complaints of pain, Section 423(d)(5)(A) requires “medical signs and findings ... which show the existence of a medical impairment ... which could reasonably be expected to produce the pain or other symptoms alleged ..." (see also Sparks v. Bowen, 807 F.2d 616, 618 (7th Cir.1986)).
discussed Cited as authority (rule) Miyoshi v. Bowen
N.D. Ill. · 1988 · confidence medium
To establish a disability based on pain the Secretary’s regulations require “medical signs or findings ... that there is a medical condition that could be reasonably expected to produce those symptoms.” 20 C.F.R. § 404.1529 ; Sparks v. Bowen, 807 F.2d 616, 618 (7th Cir.1986).
cited Cited as authority (rule) Crist v. Bowen
N.D. Ind. · 1988 · confidence medium
Veal v. Bowen, 833 F.2d 693, 698 (7th Cir.1987), citing Sparks v. Bowen, 807 F.2d 616, 618 (7th Cir.1986).
discussed Cited as authority (rule) Cummings v. Bowen
N.D. Ill. · 1988 · confidence medium
For example, in Sparks v. Bowen, 807 F.2d 616, 617 (7th Cir.1986) the AU found the claimant’s pain testimony was credible, but he erroneously denied benefits because the claimant did not establish the cause of her medically-demonstrated condition.
discussed Cited as authority (rule) Evans v. Bowen
N.D. Ill. · 1987 · confidence medium
Nothing flows from that choice. 3 .Whether or not the legal career choice made by judges and their law clerks has involved a deliberate eschewal of a medical education, social security cases often send them "scurrying to the dictionaries” (Sparks v. Bowen, 807 F.2d 616, 617 (7th Cir.1986)).
cited Cited as authority (rule) Lillie VEAL, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee
7th Cir. · 1987 · confidence medium
Sparks v. Bowen, 807 F.2d 616, 618 (7th Cir.1986).
discussed Cited as authority (rule) Sims v. Bowen
N.D. Ill. · 1987 · confidence medium
Pain may be considered as a disabling condition under the Social Security Act if medical evidence indicates “the existence of a medical impairment that results from anatomical, physiological, or py-chological abnormalities which could reasonably be expected to produce the pain or other symptoms alleged.” 42 U.S.C. § 423 (d)(5)(A); Sparks v. Bowen, 807 F.2d 616, 617 (7th Cir.1986).
discussed Cited as authority (rule) Williams v. Bowen
N.D. Ill. · 1987 · confidence medium
Secretary now suggests the AU could have based such a decision on the fact Williams’ proven impairments were not severe enough that they could reasonably have been expected to cause such pain (see *1208 Sparks v. Bowen, 807 F.2d 616, 618 (7th Cir.1986)), or he could simply have found Williams’ complaints not credible (see Bibbs v. Secretary of Health, Education and Welfare, 626 F.2d 526, 528 (7th Cir. 1980)).
cited Cited as authority (rule) Allen v. Bowen
N.D. Ill. · 1987 · confidence medium
Sparks v. Bowen, 807 F.2d 616, 618 (7th Cir.1986); Schaefer v. Heckler, 792 F.2d 81, 84 (7th Cir.1986).
cited Cited as authority (rule) Phillips v. Bowen
N.D. Ill. · 1987 · confidence medium
However, an AU may consider pain only if medical evidence demonstrates its cause. 42 U.S.C. § 423 (d)(5)(A); Sparks v. Bowen, 807 F.2d 616, 617 (7th Cir.1986).
cited Cited as authority (rule) Szwandrok v. Bowen
N.D. Ill. · 1987 · confidence medium
However, an AU may consider pain only if medical evidence demonstrates its cause. 42 U.S.C. § 423 (d)(5)(A); Sparks v. Bowen, 807 F.2d 616, 617 (7th Cir.1986).
cited Cited as authority (rule) Barge v. Secretary, Department of Health & Human Services
N.D. Ind. · 1987 · confidence medium
Sparks v. Bowen, 807 F.2d 616, 617 (7th Cir., 1986).
discussed Cited as authority (rule) Georgevitch v. Bowen
N.D. Ill. · 1986 · confidence medium
Such an ipse dixit cannot do the job, and it is far too late for this Court to go back to medical school (see Judge Easterbrook’s opinion in Sparks v. Bowen, 807 F.2d 616, 617 (7th Cir.1986) for a like reaction to the perils of judicial review in this field: "The administrative law judge’s opinion is stuffed with medical jargon that sent us scurrying to the dictionaries"). 10 .
discussed Cited "see" Larlee v. Astrue
D. Mass. · 2010 · signal: see · confidence high
See Sparks v. Bowen, 807 F.2d 616 (7th Cir.1986); Johnson v. Secretary of Health and Human Servs., 794 F.2d 1106 (6th Cir.1986); Lewin v. Schweiker, 654 F.2d 631, 634-635 (9th Cir.1981); Knipe v. Heckler, 755 F.2d 141 , 149 n. 16 (10th Cir.1985); Owens v. Heckler, 748 F.2d 1511 , 1516 n. 6 (11th Cir.1984). 41 . 42 U.S.C. § 423 (d)(1)(A). 42 . 42 U.S.C. § 423 (d)(2)(A). 43 . 20 C.F.R. § 404.1520 ; see Goodermote v. Sec’y of Health and Human Servs., 690 F.2d 5 (1st Cir.1982). 44 . 20 C.F.R. § 404.1520 (a)(4)(i-v). 45 .
examined Cited "see" Charles Erlandson v. Donna E. Shalala, Secretary, Health and Human Services (3×)
7th Cir. · 1993 · signal: see · confidence high
See Sparks v. Bowen, 807 F.2d 616, 617 (7th Cir.1986).
cited Cited "see" John A. Lambert v. Railroad Retirement Board
7th Cir. · 1991 · signal: see · confidence high
See Sparks v. Bowen, 807 F.2d 616, 617-18 (7th Cir.1986).
cited Cited "see" Kirk v. Sullivan
N.D. Ill. · 1991 · signal: see · confidence high
See Sparks v. Bowen, 807 F.2d 616, 618 (7th Cir.1986).
cited Cited "see" Ada M. Marshall v. Louis W. Sullivan, Secretary of Health and Human Services
4th Cir. · 1990 · signal: see · confidence high
See Sparks v. Bowen, 807 F.2d 616, 617-18 (7th Cir.1986).
cited Cited "see" James Ray CLARK, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee
7th Cir. · 1989 · signal: see · confidence high
See Sparks v. Bowen, 807 F.2d at 618 .
discussed Cited "see" Brita ARBOGAST, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee
7th Cir. · 1988 · signal: see · confidence high
Id. at 152. 5 .Despite the lack of objective medical evidence, we previously have noted that a "claimant may prove that she is 'disabled’ within the SSA [Social Security Act] by subjective complaints if she shows: 1) evidence of an objectively adduced abnormality and, either 2) objective medical evidence supporting the subjective complaints issuing from that abnormality, or 3) that the abnormality is of a nature in which it is reasonable to conclude that the subjective complaints are a result of that condition." Veal v. Bowen, 833 F.2d 693, 698 (7th Cir.1987); see Sparks v. Bowen, 807 F.2d 6…
cited Cited "see" Bell v. Bowen
N.D. Ill. · 1987 · signal: see · confidence high
See Sparks v. Bowen, 807 F.2d 616 (7th Cir.1986); Schaefer v. Heckler, 792 F.2d 81, 84 (7th Cir.1986).
discussed Cited "see" Lucas v. Bowen
N.D. Ind. · 1987 · signal: see · confidence high
His alleged symptoms, including pain, are not sufficient to prove disability, unless the subjective complaints are corroborated by medical signs or findings that would reasonably result in disabling symptoms. 42 U.S.C. § 423 (d)(5)(A); 20 C.F.R. § 404.1529 , 416.929; see Sparks v. Bowen, 807 F.2d 616, 617 (7th Cir.1986); Nelson v. Secretary of Health & Human Services, 770 F.2d 682, 685 (7th Cir.1985) (upholding AU’s determination of credibility in absence of supporting medical testimony).
cited Cited "see, e.g." William E. WOLFE, Plaintiff-Appellant, v. Donna SHALALA, Secretary of Health and Human Services, Defendant-Appellee
7th Cir. · 1993 · signal: see also · confidence medium
Veal, 833 F.2d at 698 ; see also Sparks v. Bowen, 807 F.2d 616, 618 (7th Cir.1986).
cited Cited "see, e.g." Betty Chiaramonte v. Louis W. Sullivan, Secretary of Health and Human Services
7th Cir. · 1991 · signal: see also · confidence medium
See also Sparks v. Bowen, 807 F.2d 616, 617-618 (7th Cir.1987). 28 In accordance with Sparks v. Bowen, supra, and Section 3 of the Reform Act of 1984 ( Pub.L.
cited Cited "see, e.g." Janine A. WAGNER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee
2d Cir. · 1990 · signal: see, e.g. · confidence medium
See, e.g., Sparks v. Bowen, 807 F.2d 616, 618 (7th Cir.1986) (“The etiology of many medical conditions is obscure; symptoms are easier to study than are causes.
cited Cited "see, e.g." Donald C. CHESHIER Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of the Department of Health and Human Services, Defendant-Appellee
7th Cir. · 1987 · signal: see also · confidence medium
See 42 U.S.C. § 423 (d)(5)(A); see also Sparks v. Bowen, 807 F.2d 616, 617-618 (7th Cir.1986).
Retrieving the full opinion text from the archive…
16 soc.sec.rep.ser. 65, unempl.ins.rep. Cch 17,104 Dorothy Sparks
v.
Otis R. Bowen, Secretary of Health and Human Services
85-2525.
Court of Appeals for the Seventh Circuit.
Dec 8, 1986.
807 F.2d 616
Robert C. Rosenfeld, South Bend, Ind., for plaintiff-appellant., James G. Richmond, Asst. U.S. Atty., U.S. Atty.’s Office, Hammond, Ind., for defendant-appellee.
Posner, Easterbrook, Pell.
Cited by 46 opinions  |  Published
EASTERBROOK, Circuit Judge.

Dorothy Sparks has a heart condition, which causes her pain. She seeks disability benefits under the Social Security Act, 42 U.S.C. §§ 416(i) and 423(d). The medical evidence about the nature of her heart condition and the restrictions it imposes on her activities is conflicting. If only objective medical evidence were at stake, there would be substantial evidence for the administrative decision to deny her request for benefits. See Garrison v. Heckler, 765 F.2d 710 (7th Cir.1985). But Sparks also testified that she was in substantial pain and fatigued quickly; pain and fatigue as[*617] sociated with a medically ascertainable cause may disable a person for purposes of the Act. A statute passed in 1984, and applicable to this case (which was pending at the time), states that pain and related symptoms may be considered if medical evidence shows “the existence of a medical impairment that results from anatomical, physiological, or psychological abnormalities which could reasonably be expected to produce the pain or other symptoms alleged”. 42 U.S.C. § 423(d)(5)(A). See also Nelson v. Secretary, 770 F.2d 682, 685 (7th Cir.1986).

Sparks, a 60-year-old obese former nurse’s aide, has had high blood pressure for at least 20 years. This has been controlled by medication. She stopped working in 1982, complaining of pain and fatigue. Extensive testing revealed a small hiatus hernia and some anomalous heart rhythms. Her heart skips beats and changes speeds from time to time. Electrocardiograms confirm some arrhythmia (irregular beating) and tachycardia (intermittent rapid beating), but the physicians did not identify the cause of these. There is no evidence that Sparks suffered a myocardial infarction (heart attack) or has coronary artery disease. But there is some medical evidence that pain could be an offshoot of arrhythmia and tachycardia.

The administrative law judge’s opinion is stuffed with medical jargon that sent us scurrying to the dictionaries. We learn, for example, that during one electrocardiogram Sparks “had a rare premature atrial complex episode of supraventricular tachycardia, occasional to frequent multiform ventricular complexes and non-specific ST segment changes.” Another physician reported that Sparks “possessed non-specific ST-T wave changes, arterial ectopy and ventricular ectopy.” The AU found that her “subjective complaints, including those of pain and discomfort, are credible”. But he concluded that she had not demonstrated that her pain had a physiological cause, which 20 C.F.R. § 404.1529 and 42 U.S.C. § 423(d)(5)(A) require. See Duncan v. Secretary, 801 F.2d 847, 852-53 (6th Cir.1986); Avery v. Secretary, 797 F.2d 19, 20-21 (1st Cir.1986). The opinion states:

In regards to the claimant’s heart condition, she has simply failed to produce objective and clinical evidence of a severe impairment____ Various chest x-rays revealed no abnormalities. An EKG noted just minor changes. Dr. Hillis performed a cardiac catheterization and disclosed no abnormalities. Dr. Noble stated the claimant has no evidence of organic heart disease. In reviewing the medical records, Dr. Tucker and Dr. Bastna-gel evaluated the claimant’s heart condition as not being severe. Although the claimant possesses arrhythmia, there is no medical evidence of an apparent cause. According to the Regulations under the Social Security Act, the claimant must present proof of an impairment which results from an anatomical, physiological or psychological abnormality shown by medically acceptable clinical or laboratory diagnostic techniques (Regulation 404.1508) [which incorporates § 404.1529]. In the instant case, the claimant has simply failed to produce such evidence.

In other words, Sparks lost because the medical evidence did not reveal the cause of her arrhythmia, tachycardia, and high blood pressure. . The AU might have found on this record that arrhythmia, tachycardia, and high blood pressure of the sort Sparks possesses do not cause pain or fatigue, but he did not. We must evaluate the reason the AU gave. The essential question then becomes whether § 423(d)(5)(A) demands that the claimant prove the etiology of his conditions, or only that he have medically ascertainable conditions that are likely to be associated with symptoms such as pain and fatigue. The Appeals Council and district judge approved the AU’s decision without considering this question.

The new statute requires an “impairment” and a medical cause. Sparks maintains that her impairment is pain and fatigue, which is caused by “abnormalities” within the meaning of the statute — her arrhythmia and tachycardia — that “could rea[*618] sonably be expected to produce the ... symptoms alleged.” The statutory requirement of an impairment linked to an abnormality that could reasonably be expected to cause the symptoms in question does not imply that the claimant must show what caused her abnormality. Cf. Foster v. Heckler, 780 F.2d 1125, 1129-80 (4th Cir. 1986); Ferguson v. Schweiker, 765 F.2d 31, 37 (3d Cir.1985). The etiology of many medical conditions is obscure; symptoms are easier to study than are causes. That physicians do not know why a person has a condition does not make that condition any less disabling.

Neither the statute nor the regulation visits claimants with the consequences of shortfalls in medical knowledge, once the impairment is accompanied by objective in-dicia. No legislative history suggests that § 423(d)(5)(A) is designed to compel claimants to show a medical cause for a medically ascertainable abnormality. The requirement that a claimant show an objectively verifiable abnormality is designed to screen out claims by hypochondriacs and goldbricks. No claim may be allowed without medical evidence showing that the complaint has an ascertainable cause. But once there is evidence of an objectively demonstrated abnormality and either “(1) ... objective medical evidence [confirms] the severity of the alleged pain arising from that condition or (2) the objectively determined medical condition [is] of a severity which can reasonably be expected to give rise to the alleged pain”, S.Rep. No. 98-466, 98th Cong., 2d Sess. 24 (1984), the requirement of § 423(d)(5)(A) is fulfilled.

Objective medical evidence shows that Sparks has physiological abnormalities of the heart. There is no direct medical evidence to support her claim of pain and fatigue. But if arrhythmia and tachycardia of the sort that afflict Sparks “could reasonably be expected to produce the pain or other symptoms” of which she complains, that will suffice for purposes of § 423(d)(5)(A). Brown v. Bowen, 794 F.2d 703, 706 n. 4 (D.C.Cir.1986). The ALJ stopped with his error about the nature of the medical abnormality requirement and did not decide whether Sparks’s condition “could reasonably be expected to produce” her pain and exhaustion. The agency should have the opportunity to consider this issue and any other matters that bear on Sparks’s entitlement to benefits.

Vacated and Remanded.