Harbin v. Carolyn W. Colvin,1 Comm'r of Soc. Sec.
| Decision Date | 06 October 2014 |
| Docket Number | Case No. 11 C 3037 |
| Parties | KARRIE A. HARBIN, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Northern District of Illinois |
OPINION AND ORDER
Plaintiff Karrie Ann Harbin brings this action under 42 U.S.C. § 405(g) for review of the final decision of the Commissioner of Social Security ("the Commissioner") denying her application for disability insurance benefits and supplemental security income (collectively "benefits") under the Social Security Act ("the Act"), 42 U.S.C. §§ 423(d) and 1381a. The parties have filed cross-motions for summary judgment. For the following reasons, the court grants Harbin's motion (dkt. 16), denies the Commissioner's motion (dkt. 24), and remands this case for further proceedings consistent with this opinion.2
Harbin was born on September 11, 1972 and is now 42 years old. (Administrative Record ("AR") 13.) She has one teenage child. (Id.) In 2004, Harbin earned an associate's degree in management from the Milwaukee Area Technical College. (AR 13-14.)
From 2005 to 2007, Harbin was employed as the manager of a Qdoba Mexican Grill. (AR 15-16.) At Qdoba, she supervised a staff of about ten people and "pretty much did everything," including opening and closing the restaurant, computer work, cash control, substituting for sick employees, customer service, and inventory management. (AR 16.) Before working at Qdoba, Harbin worked in a variety of positions, including as a dental assistant, where she was responsible for cleaning exam rooms, keeping patient charts, and answering telephones. (AR 17, 171.)
In March 2007, Harbin married Michael Harbin and relocated from Wisconsin to Chicago. (AR 15-16.) She planned to take six months off from work to acclimate herself and her daughter to the new city. (AR 26.) But in the fall of 2007, Harbin began experiencing pain. In May 2008, Harbin attempted to return to work as a part-time sales associate at the clothing store, Lane Bryant.3 (AR 138.) Her responsibilities required her to be on her feet for four to five hours per shift and lift up to 15 pounds. (AR 14.) Harbin testified that after her shifts, she would be in so much pain that her husband would have to help her from her car to her house. (AR 14-15.) She often called in sick because of her pain. (AR 15.) She stopped working at Lane Bryant in August 2008 because the physical requirements were too demanding. (AR 14, 138.)
Harbin started feeling "terribly" in the fall of 2007. (AR 26.) She had pain in her back and legs and suffered from fatigue. (AR 25.) Her primary care physician, Dr. Ingrid Liu, referred her to Dr. Douglas Cotsamire, a rheumatologist, in April 2008. (AR 237-38.) Although Dr. Cotsamire found that Harbin suffered from pain in her neck, shoulders, back and hips, he noted that her joints moved normally and that "[n]o pathology is evident." (Id.) There was noevidence of inflammation in her joints. (Id.) Dr. Cotsamire diagnosed Harbin with diffuse myofascial pain disorder,4 non-restorative sleep, and fatigue. (Id.) He ordered some additional tests and prescribed Doxepin, a medication used to treat depression, anxiety, and insomnia. (Id.) Dr. Cotsamire also noted that Harbin was 5 feet 5 inches and 278 pounds and suggested that Harbin build up an exercise program. (Id.)
Harbin visited Dr. Cotsamire again on April 24, 2008. (AR 235-36.) Although her sleep had improved, there was no change in her pain. (Id.) Dr. Cotsamire increased the dosage of Doxepin. (Id.) Harbin next returned to Dr. Cotsamire on September 4, 2008. (AR 225-27.) She informed him that she had worked in retail from May to August but quit because of her pain. (Id.) She also told him it was hard to sit for a long period of time. (Id.) Dr. Cotsamire noted that Harbin was "sometimes tearful" during the visit. (Id.) He instructed Harbin to take the Doxepin every night and also prescribed Cymbalta, another antidepressant. (Id.) Additionally, he referred her to a physical therapist to help her start a "desperately need[ed]" exercise program.5 (Id.)
About a week later, Harbin visited Dr. Michael McNett, a fibromyalgia specialist. (AR 244-53.) Dr. McNett found that Harbin was in moderate distress and exhibited 15 of 18 tenderpoints.6 (AR 245.) He diagnosed Harbin with fibromyalgia, restless leg syndrome, candida, and depression. (AR 246.) He also prescribed Cymbalta but this was later changed to Neurontin, a medication used to treat neuropathic pain, restless leg syndrome, insomnia, and anxiety, because Cymbalta made Harbin ill. (AR 246, 252.) Harbin visited Dr. McNett's office again in November 2008 and was found to have 11 of 18 tender points. (AR 270-73.)
Dr. McNett retired toward the end of 2008 and Harbin was referred to Dr. Rochella Ostrowski, a rheumatologist. (AR 276-79.) Dr. Ostrowski reported that Harbin stopped taking Neurontin, which had helped with her insomnia, because of weight gain. (AR 276.) She found four pairs of tender points but no loss of strength in Harbin's extremities. (AR 277.) Dr. Ostrowski confirmed Harbin's fibromyalgia diagnosis and discussed factors that contribute to fibromyalgia, including lack of restorative sleep and depression. (Id.) Dr. Ostrowski told Harbin that treating these factors is a mainstay of the treatment of fibromyalgia and noted that "[a] regular gentle exercise routine has also been found to be very helpful in cases of fibromyalgia[.]" (Id.) Dr. Ostrowski prescribed Amitriptyline. (Id.)
Harbin also visited a chiropractor, Dr. Michael Heatwole, during 2008 and 2009 to relieve her pain. (AR 256-60, 307-27.) On May 5, 2008, Dr. Heatwole observed that Harbin had "good days and bad days but does have general pain most of the time." (AR 257.) He performed some gentle adjustments and suggested that Harbin exercise regularly. (Id.) Dr. Heatwole's notes generally indicate that Harbin was in consistent pain during the time she was treated, but she sometimes had flare-ups during which the pain increased. (AR 256-60, 307-27.)
In addition to fibromyalgia, Harbin also suffers from heart arrhythmia (AR 17, 223), hypertension (AR 291), and a fatty liver (AR 229). She has a history of edema in her hands and feet, and she is obese. (AR 19, 237, 276.) At various points throughout the medical records, Harbin also complains of depression. (See, e.g., AR 223, 245, 251; see also AR 246 (notes of Dr. McNett diagnosing Harbin with depression).)
At the time of the hearing in front of the Administrative Law Judge ("ALJ"), Harbin was taking a medley of medications to cope with her medical issues, including Robaxin to assist with sleep, Triamterene for water retention, Loratadine for allergies, and Enalapril Maleate for heart arrhythmia. (AR 18.) Harbin also testified she regularly takes vitamins including Omega-3. (Id.) Robaxin, a prescription muscle relaxer prescribed to assist with sleep, makes Harbin very tired and she can only take it at night. (Id.) She does not complain of any other side effects from her medications. (Id.)
IV. Harbin's Benefits Claim
Harbin filed her claim for disability benefits on September 25, 2008. (AR 119-20.) She initially claimed that her disability began on February 2, 2007 (before her move to Chicago), but she later amended the onset date to September 21, 2007. (Compare AR 119, with AR 145.)
A reviewing physician, Dr. Bharati Jhaveri reviewed Harbin's claim and concluded that Harbin's treatment generally was successful in managing her symptoms. (AR 268.) She stated that the "description of the severity of [Harbin's] pain is extreme and unsupported by the medical and other evidence in the record," and concluded that Harbin's complaints were only "partially credible." (Id.) The Social Security Administration ("SSA") denied Harbin's claim on November 6, 2008, stating that her condition did not prevent her from doing the work she had previously done as a dental assistant. (AR 60-65.)
Harbin requested reconsideration. (AR 66.) On March 18, 2009, another reviewing physician Dr. Virgilio Pilapi recommended affirming the denial of Harbin's claim. (AR 283-85.) He noted that although Harbin complained of generalized pain, headaches, and fatigue, she had "full range of motion at the shoulders, elbows, wrists, hands, hips, knees and ankles," no swollen or tender joints, and her motor strength was "5/5 throughout." (AR 285.) Dr. Pilapi agreed with Dr. Jhaveri that Harbin could perform a full range of light work. (Id.) The SSA thus denied her reconsideration request on March 27, 2009. (AR 68-71.) In affirming its initial decision, the SSA again cited Harbin's prior work as a dental assistant as an example of work she remained capable of doing. (AR 71.)
Harbin requested a hearing. (AR 74.) She appeared before ALJ John L. Mondi on October 15, 2009. (AR 9-47.) She testified that she suffered from severe muscle pain, stiffness, headaches, flu-like symptoms, and an inability to sleep. (AR 14-15, 18, 25, 27-30.) She testified that she could sit for about 15 to 20 minutes before standing, could stand for 10 to 15 minutes, could lift up to 20 pounds, and could walk one to two blocks. (AR 19, 31-32.) She testified that she is unable to take care of her home or herself as she had in the past and that she requires assistance to get dressed in the mornings, struggles to take showers due to pain, and has trouble shopping without the help of her husband or daughter. (AR 21.) She testified that she is able to fold laundry but unable to carry it up the stairs, only cooks about once a week, and attends church twice a week. (AR 22.) When asked whether there were any conditions besides her fibromyalgia that prevented her from working, she said there were not. (AR 17.)7
The ALJ denied Harbin's claim on December 21, 2009 (AR 53) and the Appeals Council denied Harbin's request for review on February 14, 2011 (AR 5), making the...
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