Criner v. Barnhart

• Court: U.S. District Court — Northern District of Illinois
• Writing for the Court: Levin
• Citation: Criner v. Barnhart, 208 F.Supp.2d 937 (N.D. Ill. 2002)
• Decision Date: 09 July 2002
• Docket Number: No. 01 C 7477.,01 C 7477.
• Parties: Pamela CRINER, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of the Social Security Administration, Defendant.

208 F.Supp.2d 937

Pamela CRINER, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of the Social Security Administration, Defendant.

No. 01 C 7477.

United States District Court, N.D. Illinois, Eastern Division.

July 9, 2002.

Marcie E. Goldbloom, Frederick J. Daley, Daley, DeBofsky & Byant, Chicago, IL, for Plaintiff.

Lisa Marie Noller, United States Attorney's Office, Chicago, IL, for Defendant.

MEMORANDUM OPINION AND ORDER

LEVIN, United States Magistrate Judge.

Plaintiff Pamela Criner ("Plaintiff") brings this action pursuant to 42 U.S.C. § 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration (the "SSA") denying her application for Disability Insurance Benefits ("DIB") under the Social Security Act (the "Act"). Before the Court is Plaintiff's Motion for Summary Judgment or Remand, and Defendant's Motion for Summary Judgment. For the reasons set forth below, the Court reverses the ALJ's decision and remands the cause for an immediate award of benefits.

PROCEDURAL HISTORY

On November 3, 1997, Plaintiff filed an application for DIB stating that she became unable to work on February 20, 1997, due to disabling conditions.¹ (R. 126-28.) Plaintiff's initial application for benefits was denied, and subsequently, upon review, Plaintiff's request for reconsideration was also denied. (R. 98, 108.) Plaintiff then filed a request for an administrative hearing on July 31, 1998. (R. 111.) On January 21, 1999, Plaintiff appeared with counsel and testified at a hearing before an Administrative Law Judge ("ALJ"). (R. 42-84.) A Vocational Expert ("VE") was also present and testified at the hearing. (R. 84-94.)

On June 25, 1999, the ALJ issued his decision finding that Plaintiff was not disabled because she had the residual functional capacity to perform the requirements of work with stated limitations. (R. 30-31.) Plaintiff filed a request for review of the ALJ's decision, and on July 24, 2001, the Appeals Council denied Plaintiff's request for review making the ALJ's decision the final decision of the Commissioner. (R. 7-8, 14.) Pursuant to 42 U.S.C. § 405(g), Plaintiff initiated this civil action for judicial review of the Commissioner's final decision.

BACKGROUND FACTS

I. MEDICAL EVIDENCE

A. Plaintiff's Physical Condition

Plaintiff's allegations of disability are based on the following conditions: fibromyalgia, severe arthritis in her back and hands and tendinitis, sacroiliitis, pelvic malalignment, weakness in her hands, pain in her back and right shoulder, right lateral epicondylitis, chronic pain and fatigue, depression, anxiety, and personality disorder. (R. 144, 177, 183-85, 190, 197, 205, 667.)

On December 30, 1993, Dr. J. Uhler, M.D. reported that an X-ray of Plaintiff's spine revealed narrowing of the disc space on C5-6. (R. 209.) Dr. S. Sherman reported on January 14, 1994 that EMG testing revealed carpal tunnel syndrome in Plaintiff's right wrist. (R. 207-208.) Plaintiff was subsequently diagnosed with carpal tunnel syndrome in her right wrist by Dr. David Trotter, M.D. (R. 621-22.) Dr. Trotter treated Plaintiff's condition with a night splint program which included a resting hand splint and occupational therapy. (R. 622.) Because her symptoms did not subside, on June 20, 1994, Dr. Trotter performed carpal tunnel release surgery on Plaintiff. (R. 622-23.)

Subsequent to Plaintiff's routine post-surgery visit, she, again, saw Dr. Trotter on July 14, 1994 and July 28, 1994. (R. 621-22.) Dr. Trotter reported that Plaintiff seemed to have significant tenosynovitis. (R. 621.) Plaintiff was treated with a Medrol Dosepak² and Dr. Trotter considered referring Plaintiff to a rheumatologist if she did not improve. (R. 621.) On September 1, 1994, Dr. Trotter reported that Plaintiff still had symptoms of tenosynovitis in her right wrist and thumb and again, he considered referring Plaintiff to a rheumatologist. (R. 621.) Subsequently, on October 4, 1994, Dr. Trotter reported that Plaintiff's symptoms had not improved and referred her to a rheumatologist. (R. 621.)

Plaintiff's Treating Physician

Dr. Cary Dachman, M.D. has been Plaintiff's treating physician and rheumatologist since November 1, 1994. (R. 725.) Dr. Dachman is Board Certified in internal medicine, pain management and rheumatology, the Director of the Schaumburg Pain Therapy Center, and a Fellow of the American College of Rheumatology. (R. 475.) Dr. Dachman reported on November 1, 1994 that subsequent to Plaintiff's carpal tunnel surgery in May, 1994, she was still experiencing problems with her thumb joints locking up, radiating pain, and pain in her right hand. (R. 725.) Dr. Dachman also noted slight discoloration in Plaintiff's right hand and significant palmar swelling that was more diffuse than normal. (R. 728.) Dr. Dachman further noted periscapular trigger points, as well as spasms around the neck with some limitation of neck range of motion. (R. 728.) In addition, possible cervical radiculopathy was noted at that time. (R. 728.) On November 3, 1994, Dr. Dachman wrote a letter to Plaintiff stating that she appeared to have inflammation of the tendons of both of her thumbs. (R. 722.) Dr. Dachman prescribed Prednisone and explained the side-effects of the medication to Plaintiff. (R. 722.)

On November 19, 1994, Dr. Dachman reported that Plaintiff had "[a] considerable amount of periscapular trigger points and subscapular trigger points for which injections were given to six locales." (R. 720.) In his report, Dr. Dachman noted, "Diagnosis of fibrositis substantiated" subsequent to EMG testing of Plaintiff. (R. 720.) Moreover, on December 6, 1994, Dr. Dachman noted, "This date [Plaintiff] has severe periscapular trigger points." (R. 720.) Furthermore, on December 9, 1994, Dr. Dachman explained to Plaintiff in a letter that she was being treated for fibrositis. (R. 718.) In Dr. Dachman's letter, he stated:

Per our conversation, I have given [Plaintiff] six trigger point[][injections] for fibrositis.

Fibrositis is a diffuse inflammation of all soft tissues in the body. It specifically relates to a fall in endorphin levels, our normal shock absorber. Endorphin is a compound which is thought to be 30 times more powerful than morphine and is secreted only during deep sleep phases. If you do not achieve deep sleep, these endorphins may be depleted and a secondary and diffuse pain syndrome will result.

This lack of endorphin, this lack of our normal shock absorber then results in the pain and inflammation that is experienced, the so called fibrositis state.

.... (R. 718.)

Dr. Dachman diagnosed Plaintiff with fibromyalgia and began treating her for this condition in 1995. (R. 667.)

On January 13, 1995, Dr. Dachman recommended that Plaintiff continue her treatment with Zoloft³ and Ambien.⁴ (R. 716.) Dr. Dachman saw Plaintiff in April 1995 and diagnosed severe pelvic malalignment and fibrositis. (R. 709-10.) Multiple trigger points were also noted along with tenderness over both occipital locales. (R. 710.) Dr. Dachman recommended bilateral greater occipital nerve blocks, four parascapular trigger point injections, physical therapy, soft tissue immobilization, and electrical stimulation to the neck and parascapular locales. (R. 710.) Plaintiff's treatment with Zoloft and Ambien was continued. (R. 712.)

On May 2, 1995, Dr. Dachman reported that Plaintiff had developed acute sciatica and stated in his report that, "This is manifest as additional complications, with sacroiliitis and left hip bursitis." (R. 707.) Plaintiff received Depo-Medrol injections, her treatment with Zoloft, Ambien and Klonopin⁵ was continued, and physical therapy was initiated. (R. 707.) In a May 31, 1995 letter, Dr. Dachman stated that he continued to diagnose Plaintiff with the same conditions; namely, fibrositis, sacroiliitis, and possible sciatica. (R. 703.) Dr. Dachman stated that "She really [has] not improved with her current therapeutic regimes." (R. 703.)

On July 18, 1995, Dr. Dachman indicated that Plaintiff "still has significant back arthropathy which is not responsive to her current therapeutic modalities." (R. 701.) Dr. Dachman further noted that "Currently, she is not getting better and really is quite status-quo; additional medications will be contemplated such as Gabapentin or Clonidine, [depending] on her response to the therapy and epidurals thereof." (R. 701.) On August 24, 1995, Dr. Dachman noted that Plaintiff's medications continued to include Zoloft, Daypro⁶, and Klonopin. (R. 700.) Point tenderness was noted over the SI joint and facet locales; two SI joint injections and two facet point injections were administered; and pelvic malalignment was reported. (R. 700.) As of September 20, 1995, Plaintiff's Daypro medication was discontinued due to stomach irritation, but Oruvail,⁷ Zoloft, and Klonopin were continued. (R. 697.) Work hardening and soft tissue mobilization were also continued and bilateral CMC injections were administered. (R. 697.)

Dr. Dachman continued to treat Plaintiff for her complaints of pain and spasms in her back in October, November, and December of 1995. (R. 695.) On November 2, 1995, Dr. Dachman noted that Plaintiff was to continue taking her medications; however, he also prescribed a Medrol Dosepak and SI joint injections. (R. 694.) Dr. Dachman reported,

Currently she is doing a lot better. She is ready to return to work if she is able to sit and stand ad lib, but continues to have some lower back distress with [her] exam revealing facet and SI joint pathology as well as left supratrochanteric and ischial bursal inflammation. (R. 694.)

Moreover, in a letter dated December 13, 1995, Dr. Dachman stated that, "This date she is clearly having a flare up of her fibromyalgia ..." (R. 691.)

In a letter dated January 19, 1996, Dr. Dachman stated that, "At this time she is satisfactory but nevertheless, [she] still has some minimal SI joint and facet irritation for which Marcaine...