Sangel v. Astrue

• Decision Date: 23 May 2011
• Docket Number: No. C10–4070–PAZ.,C10–4070–PAZ.
• Citation: 785 F.Supp.2d 757,171 Soc.Sec.Rep.Serv. 84
• Parties: Sara M. SANGEL, Plaintiff,v.Michael J. ASTRUE, Commissioner of Social Security, Defendant.
• Court: U.S. District Court — Northern District of Iowa

785 F.Supp.2d 757

171 Soc.Sec.Rep.Serv. 84

Sara M. SANGEL, Plaintiff,

v.Michael J. ASTRUE, Commissioner of Social Security, Defendant.

No. C10–4070–PAZ.

United States District Court, N.D. Iowa, Western Division.

May 23, 2011.

David A. Scott, Cornwall Avery Bjornstad Scott, Spencer, IA, for Plaintiff.Stephanie Johnson Wright, U.S. Attorney's Office, Cedar Rapids, IA, for Defendant.

MEMORANDUM OPINION AND ORDER

PAUL A. ZOSS, United States Chief Magistrate Judge.

Introduction

This matter is before the court for judicial review of a decision by an administrative law judge (“ALJ”) denying the plaintiff's application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq. The plaintiff Sara M. Sangel claims substantial evidence on the record as a whole fails to support the ALJ's decision that she is not disabled.

Sangel filed her application on November 21, 2005, alleging a disability onset date of March 15, 2001.¹ Her claim was denied initially and on reconsideration. She filed a request for hearing, and a hearing was held on November 16, 2007, before an ALJ. Sangel was represented by an attorney at the hearing. Sangel's mother and husband testified at the hearing, and Sangel testified on her own behalf. A vocational expert (“VE”) also testified. On December 12, 2007, the ALJ issued his decision, finding that although Sangel has several severe impairments, her impairments do not, singly or in combination, reach the Listing level of severity. The ALJ found Sangel is able to perform light work, and she is able to return to her past relevant work as a production line solderer. He therefore concluded Sangel is not disabled. On May 26, 2010, the Appeals Council issued its decision denying Sangel's request for review, making the ALJ's decision the final decision of the Commissioner.

Sangel filed a timely Complaint in this court, seeking judicial review of the ALJ's decision. On September 8, 2010, with the parties' consent, Judge Mark W. Bennett transferred the case to the undersigned for final disposition and entry of judgment. The parties have briefed the issues, and the matter is now fully submitted and ready for review.

The court must decide whether the ALJ applied the correct legal standards, and whether his factual findings are supported by substantial evidence based on a review of the record as a whole. 42 U.S.C. § 405(g); Page v. Astrue, 484 F.3d 1040, 1042 (8th Cir.2007). In this deferential review, the court will consider the record in its entirety to determine whether a reasonable mind would find the evidence adequate to support the Commissioner's conclusion. Krogmeier v. Barnhart, 294 F.3d 1019, 1022 (8th Cir.2002) (citations omitted); Pelkey v. Barnhart, 433 F.3d 575, 578 (8th Cir.2006). The court first will summarize the testimony at the ALJ hearing, and the other evidence in the Record.

Hearing Testimony

Sangel was thirty-one years old at the time of the hearing. She and her husband live in Milford, Iowa. She is 5'7? tall and, at the time of the hearing, weighed about 280 pounds. She stated she has had weight problems all of her life. She does not believe her weight contributes to her health issues, noting that she has always been very heavy but prior to her alleged onset date, she was able to work with no weight-related problems.

She finished high school and took one year of college, but she had panic attacks and was unable to cope with the stresses of college. She last worked at a jewelry store during the Christmas season in 2003. Due to the stress and large numbers of patrons, she “ended up in the emergency room [her] last night of work with a panic attack.” R. 584. Her longest job was with Walmart, where she worked for three years. According to Sangel, she was fired for using the telephone without being punched out on a break. Sangel's husband owns a video store, and they live in an apartment in back of the business. She does not help out with the business because it requires too much standing and physical work.

Sangel described her physical symptoms as follows: “I have severe pain in my lower back and I ... get muscle spasms. I have pain in both of my legs but my right leg is the primary leg with the most pain, the most consistent. Basically, every day. It's just, standing is, is a very big problem[.]” R. 571. She has had two surgeries on her back, and she has daily pain in her low back for which she has been seen at a pain clinic. She also has irritable bowel syndrome and stated she is “in the bathroom constantly” with diarrhea. R. 573–74. She has had her gall bladder removed, which she stated “made the problem much worse.” R. 573. Sangel is an insulin-dependent diabetic, and she uses insulin four times a day. She also suffers from arthritis in several areas.

Sangel stated her physical problems “[a]bsolutely” would prevent her from working. She appeared at the ALJ hearing with a cane which she purchased about two years earlier, when her legs became painful, and it gives her “slight assistance” with walking. R. 491. Most days, just taking a shower tires her and causes her physical pain. She stated her “general everyday pain is an 8.” R. 575. She experiences pressure, pain and spasms in her back, and her “leg throbs to the point where [she] would, if it were feasible to do bodily harm, because it hurts so much [sic].” Id. According to Sangel, her back surgeon imposed a permanent fifteen-pound lifting restriction on her, but no other doctor has placed any limitations on her.

She can stand for no more than fifteen minutes before she begins having muscle spasms in her leg. The pain “puts [her] out of [her] mind,” and she spends a lot of her time in a recliner with her feet elevated. R. 576. She sees a family doctor for her pain medication. When the ALJ noted that the last progress notes submitted were from March 2006, Sangel stated she takes Percocet for pain, and she sees the doctor every few months for medication checks. She stated she had taken 7.5 mg of Percocet and 500 mg of Tylenol twice daily for quite some time, but two days before the hearing, she was put on Oxycodone, 15 milligrams at a time, four times a day. It gives her good pain relief but she experiences several side effects, including double vision, dizziness, and extreme sleepiness. She also takes Neurontin “to alleviate the nerve pain in [her] legs.” R. 577. She also has a prescription for muscle relaxers, but they give her “massive headaches,” so she only uses them when absolutely necessary. Id.

With regard to her mental health, Sangel stated she has “severe depression,” “panic attacks,” “anxiety issues [and] agoraphobia.” R. 578. When she is in a public place or around a lot of people, she “will have panic attacks and anxiety is overwhelming.” Id. She does her grocery shopping late at night, when there are few shoppers, but even “the simple workers doing their job, throwing their freight, just the repetitive sound, [she] had a panic attack just because it was just sounds, and [she] had to leave.” Id. She sat in the car while her husband finished the shopping.

Sangel attempted suicide in 1998, when she had problems in her previous marriage. She still has “lots of suicidal thoughts,” and she hears “voices in [her] head and they tell [her] that suicide is a good thing.” R. 579. She stated she has “to fight off those voices all the time, just so [she] can not focus so much on suicide.” Id. She has suicidal thoughts “every day, all day,” but she tries not to listen to “the bad voices.” Id. She has frequent panic attacks, and stated she was “on the verge of a panic attack” during the hearing, but she was “trying to stay very calm.” Id.

In June 2007, Sangel was seen at the Seasons Center after she had a “breakdown” in her home. She awoke in the morning and “started to have a full-blown panic attack.” R. 590. She called her doctor, who advised her to call 911. Paramedics responded and calmed her down, and she “had to be on oxygen for awhile.” R. 590.

For her mental health issues, Sangel takes Xanax and Klonopin, which help her relax and sleep better, and Prozac, an antidepressant. The medications affect her ability to “stay focused on any one particular task for very long,” and she is unable even to “sit and watch an entire television show.” R. 580. On some days, she is very lethargic all day. She stated her panic attacks have worsened as she has gotten older, and they are triggered more easily than they used to be.

Sangel stated she loves to work and would like to be able to keep working. She feels guilty and worthless because she is unable to work, and feels that she is a burden on her family. She stated she cannot process even the mildest of stressors, and she has difficulty concentrating on much of anything. Physically, she can barely stand long enough to cook a simple meal, and her family members have to help out with household chores because she is unable to do them herself. She stated her pain is really a struggle for her and she is “heartbroken at the fact that [she] can't live a life like everybody else.” R. 583.

Sangel's husband, Thomas Sangel, stated he and his wife have been married since September 4, 2004. He stated Sangel experiences anxiety “when she's around certain noises like children, TV commercials.” R. 593. He stated they have to pause television commercials “because they can set her off, music in the car, if it's a certain repetitive sound.” Id. On occasion, he has asked Sangel to help out in the video store for brief periods while he runs an errand, but he stated it “usually turns out bad.” Id. Sangel will call him after a short time because dealing with the customers is agitating her, and Thomas will have to turn around and return to the store. R. 594. He stated the only household chore Sangel is able to handle regularly is the laundry. They eat a lot of TV dinners because Sangel “can't stand long enough to cook a real meal.” Id.

At the time Sangel had...