Orr v. Chater, C 96-3022-MWB.
| Decision Date | 18 February 1997 |
| Docket Number | No. C 96-3022-MWB.,C 96-3022-MWB. |
| Parties | Karen K. ORR, Plaintiff, v. Shirley S. CHATER, Commissioner, Social Security, Defendant. |
| Court | U.S. District Court — Northern District of Iowa |
Thomas A. Krause, Kansas City, MO, for Plaintiff Karen K. Orr.
Ana M. Martel, U.S. Attys. Office, N.D. Iowa, Cedar Rapids, IA, for Defendant Shirley Chater.
This Social Security disability case requires the court to analyze an administrative law judge's decision to deny a plaintiff disability insurance benefits. Ultimately, this case is a question of the extent to which the plaintiff's recurring seizures and headaches render her unable to perform work which exists in substantial numbers in the national economy. To evaluate the plaintiff's claim, the court must address the plaintiff's two issues. First, the plaintiff argues the ALJ's decision to discount her subjective complaints of pain resulting from recurring seizures and headaches was erroneous. To evaluate the ALJ's analysis of the plaintiff's complaints, the court must apply the Eighth Circuit's ubiquitous Polaski standard. The Commissioner argues, in making his decision, the ALJ employed the Polaski standard correctly and, therefore, there exists substantial evidence on the record as a whole to uphold the ALJ's decision.
Second, the plaintiff argues the hypothetical question the ALJ posed to the vocational expert was flawed because her recurring seizures and headaches limit her ability to maintain attention and concentration and to perform work in a competitive environment, to a greater extent than the ALJ's hypothetical expressed. To evaluate the plaintiffs second issue, the court must review the Eighth Circuit's recent jurisprudence on Social Security hypotheticals. The Commissioner argues, in making his decision, the ALJ followed the Eighth Circuit's dictate that he incorporate all the limitations he believed were substantially supported by the record as a whole and, therefore, there exists substantial evidence on the record as a whole to uphold the ALJ's decision.
Karen K. Orr filed for Supplemental Security Income (SSI) under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381, et seq., on April 13, 1993. (Tr. 111-14, 138.). Orr also filed for disability benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401, et seq., on April 28, 1993. (Tr. 138-40.). Orr was denied benefits on August 25, 1993. (Tr. 104-05, 123-24.). Orr requested reconsideration on August 31, 1993, (Tr. 121), but was denied on October 28, 1993. (Tr. 99-100, 116-17.). Orr requested a hearing on November 1, 1993, (Tr. 97.), and one was held on July 15, 1994. (Tr. 60.). After the hearing, on September 25, 1994, administrative law judge (ALJ) John P. Johnson issued an order denying benefits to Off. (Tr. 21-35.). Orr filed a timely request for review on November 3, 1994, (Tr. 11-12.), but the Appeals Council affirmed the ALJ's decision denying benefits and that decision now stands as the final decision of the Commissioner. (Tr. 6-7.). In reaching its decision, the Appeals Council considered additional medical records Orr submitted which were created after the hearing in front of the ALJ. (Tr. 363-94.). Having exhausted her administrative remedies, Orr filed for judicial review in this court. Both parties agree the application was timely filed. It is now appropriate for this court to review Orr's application pursuant to 42 U.S.C. § 405(g) and determine if the Commissioner's decision was supported by substantial evidence on the record as a whole.
The plaintiff in this case is Karen K. Orr. Orr was born December 16, 1948, and was forty-five years old at the time of the hearing. (Tr. 66.). She testified she measured 5'3" and weighed 180 to 182 pounds. (Tr. 66.). She is divorced. (Tr. 67.). She does not have a driver's license. (Tr. 67.). Orr graduated from high school in 1967 and earned an Associates of Arts degree in general studies in 1990. (Tr. 68.). Orr has a little more than one year of schooling before she will have earned a bachelor's degree. (Tr. 68.). Orr alleges she became disabled in December 1991. (Tr. 68.). Orr alleges her disability is the result of a combination of uncontrollable seizures, migraine headaches, a medical disorder resulting in leg weakness, and depression. (Tr. 74-81.).
Orr lives, rent free, in low-income housing and receives food stamps. (Tr. 81.). Each night, Orr goes to bed at midnight after watching a rerun of the television program "Designing Women" and wakes up anywhere between 3:00 a.m. and 8:00 a.m. (Tr. 82.). Orr showers by herself. (Tr. 82.). In the morning Orr eats breakfast and then either reads or watches television, but has trouble concentrating during either activity. (Tr. 82-83.). Occasionally, she visits two elderly ladies who live in her building. (Tr. 83.). In the afternoon Orr eats lunch, watches soap operas and falls asleep until 3:00 p.m. (Tr. 83.). In the evening, after she eats dinner, Orr watches situation comedies on television, or tries to work crosswords or jigsaw puzzles. (Tr. 83-84.). Occasionally, Orr takes part in her community theater, although in the past year she has done very little with the troupe. (Tr. 84-85.). Orr stopped acting because she was afraid she would have a seizure in the presence of people she respected. (Tr. 84-85.). Prior to that, Orr was involved in all aspects of the theater including infrequent acting roles. (Tr. 84.). Orr's only hobby is reading and she sometimes reads cheerleader stories to her teen-age niece. (Tr. 85.). Orr takes care of most of the chores around her house but does not dust. (Tr. 85.).
Since July 1993, Orr has not worked for money. (Tr. 72-73.). Orr testified she does not work because she suffers from three to six seizures a month. (Tr. 73.). During the seizures, Orr is incontinent of urine and when she regains consciousness she has rug burns and bruises but has not usually bitten her tongue. (Tr. 80.). The next day Orr feels like a zombie and only wants to sleep. (Tr. 81.). Each day Orr takes 600 milligrams of the anti-seizure medicine, Dilantin. (Tr. 74.). She also takes Ditropan, Paxil, Lorazepam and Inderal daily. (Tr. 74-75.). County relief pays for some of Orr's medications. (Tr. 81.). When Orr has seizures, she will be walking or standing and then, the next thing she knows, she is on the floor or ground. (Tr. 75.). When Orr climbs a long flight of stairs her leg muscles are tired by the time she reaches the top step. (Tr. 76.). Orr also has trouble standing up and holding her twenty-three pound granddaughter but she has no trouble using her hands. (Tr. 76.). Orr has a slight problem concentrating on day-to-day types of things and handling stress. (Tr. 76-77, 78.). Orr does not get along well with her neighbors or acquaintances. (Tr. 78.). Orr sees professionals at the North Iowa Mental Health Center who help her with her emotional problems. (Tr. 79.). Orr also has migraine headaches which can be so severe she needs to go to a hospital emergency room and receive a hypodermic injection for relief. (Tr. 73.). After an injection Orr wants only to sleep for twenty-four hours. (Tr. 73.). Orr also takes Phenergan and Vistaril as needed for headaches. (Tr. 75.). The headaches often antecede her seizures. (Tr. 80.).
Orr's daughter, Denise Orr, testified at the hearing. Denise lives in Clarion, Iowa, while Karen Orr lives in Webster City, Iowa. (Tr. 86.). Denise sees her mother once a week, and in her experience, Karen's testimony was accurate. (Tr. 86.). For the year prior to the hearing, Denise testified her mother "sleeps all the time" and "is always tired, always got a headache, cranky." (Tr. 86.). Denise has never seen her mother have a seizure, but has seen her the day after and finds her to be tired and "dopey" the entire next day. (Tr. 86-87.). Denise used to allow her mother to care for her daughter, but she no longer...
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