Stockert v. Astrue
| Decision Date | 26 March 2012 |
| Docket Number | No. 4:11CV283 TIA,4:11CV283 TIA |
| Parties | SHELLY STOCKERT, Plaintiff, v. MICHAEL ASTRUE, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Eastern District of Missouri |
This cause is on appeal from an adverse ruling of the Social Security Administration. The suit involves applications for Disability Insurance Benefits under Title II of the Social Security Act and Supplemental Security Income under Title XVI of the Act. Claimant has filed a Brief in Support of her Complaint; the Commissioner has filed a Brief in Support of his Answer. The parties consented to the jurisdiction of the undersigned pursuant to 28 U.S.C. § 636(c).
On June 22, 2007, Claimant filed Applications for Supplemental Security Income payments pursuant to Title XVI of the Social Security Act, 42 U.S.C. §§ 1381, et. seq. (Tr. 107-110) and for Disability Insurance Benefits under Title II of the Act, 42 U.S.C. §§ 401 et. seq. (Tr. 70-77)1 alleging disability since December 11, 2005 due to manic depression, borderline personality disorder, and hole in heart. (Tr. 140). The applications were denied (Tr. 51-56), and Claimant subsequently requested a hearing before an Administrative Law Judge ("ALJ"). (Tr. 45-49). On March 25, 2009, a hearing was held before an ALJ. (Tr. 22-47). Claimant testified and was represented by counsel. (Id.). Vocational Expert Delores Gonzalez also testified at the hearing. (Tr. 23-25). In a decision dated April 15, 2009, the ALJ found that Claimant had not been under a disability as defined by the Social Security Act. (Tr. 8-20). After considering counsel's brief in support and the additional medical records, the Appeals Council denied Claimant's Request for Review on January 13, 2011. (Tr. 2-6, 296-394). Thus, the ALJ's decision is the final decision of the Commissioner.
A. Hearing on March 25, 2009
At the hearing on March 25, 2009, Claimant testified in response to questions posed by the ALJ and counsel. (Tr. 397-434, 438). Claimant testified that she is legally separated and has been married three times. (Tr. 399). Claimant has one daughter from her first marriage, and her first husband has custody. (Tr. 400). Claimant lives in Colonial House, a residential care facility and has been there one month. (Tr. 400-01). Claimant is responsible for maintaining her room, her appearance, and sometimes assists with the cooking, cleaning, or doing the dishes. (Tr. 406). Claimant testified that she was having trouble being out on her own. (Tr. 401). Claimant's alleged date of disability is December 11, 2005. (Tr. 401). Claimant completed ninth grade. (Tr. 404). Claimant stands at five feet three inches and weighs approximately 212 pounds. (Tr. 404-05).
Claimant last worked in December 2005 when she lost her job, because she went to the hospital. (Tr. 407). Claimant worked for Meijer Storage for six weeks in 2007 for four hours a day. (Tr. 407-08). Claimant cleaned the register areas stocking bags and taking out the trash.(Tr. 408-09). Claimant earned enough money to move back to Missouri. (Tr. 408). Claimant worked as a bus monitor from August to December 2005. (Tr. 410). Claimant was responsible for making sure the children were safe and placing children in car seats. Claimant had to pick up the children and place them in the car seat. Claimant rode the bus and served as the monitor. (Tr. 410). Claimant was fired, because she was hospitalized for mental difficulties. (Tr. 411). Claimant worked as a racker-packer for almost a year. In that job, Claimant racked steel parts on a steel line to be plated and then removed and packed them. The maximum weight she lifted was twenty pounds. (Tr. 411). Claimant was fired, because she did not get along with her boss. (Tr. 412). Claimant worked numerous cashier jobs mostly at gas stations and Taco Bell from 2003 until 2006. (Tr. 412-13). Claimant worked at Taco Bell for six months as a cashier running the drive through cash register. (Tr. 414). Claimant left the job, because her boyfriend made her quit. At Walgreens, she started out as a cashier up front and then moved to the pharmacy for three to four years. (Tr. 414-15). Claimant helped stock medications and completed input on the computer for prescriptions. (Tr. 414). Claimant left after the birth of her daughter. (Tr. 415). At the liquor store, Claimant worked for eleven months as a cashier and stocked the beer cooler. (Tr. 415). Claimant was fired by the manager after having an argument. (Tr. 416). As a cashier at the gas station, Claimant stocked cosmetics for seven months. (Tr. 416). As her last job, Claimant worked as a truck washer washing semi-trucks and refueling the trucks. (Tr. 417). Claimant used brushes on long sticks to wash the trucks. (Tr. 417). Claimant was fired from the job. (Tr. 418).
Claimant testified that she has COPD with chronic bronchitis and asthma. (Tr. 418). Both Drs. Hollie and Ojile treat Claimant's COPD. Claimant's counsel indicated that Claimant'scase is limited to Claimant being unable to work due to her mental impairments. (Tr. 418). Claimant testified that she has bipolar, personality disorder, and manic depression. (Tr. 419). Claimant testified that she does fairly well when taking medication, but she still has trouble concentrating and understanding. (Tr. 419). Claimant testified that she experiences panic attacks when she is in a crowd. (Tr. 422). Claimant takes medications daily, and the medications cause her not to sleep. (Tr. 426).
Claimant testified that she has not used drugs for two years and has not consumed alcohol in over ten years. (Tr. 420, 425). The ALJ pointed out that during a consultative examination by Dr. Monolo, Claimant reported smoking marijuana weekly. (Tr. 421). Claimant testified that she quit smoking marijuana around the time of the examination. (Tr. 421). Claimant smokes a package of cigarettes each day. (Tr. 427). Claimant testified that she has been advised to stop smoking, and she has tried to stop smoking. (Tr. 427).
Although Claimant has a driver's license, she does not have a car. (Tr. 427). When she lived in an apartment, Claimant cooked, washed the dishes, vacuumed, and carried the laundry to the Laundromat for washing. (Tr. 427-28). Claimant testified that she has problems sleeping. (Tr. 430). At night, Claimant sleeps four to six hours and then takes a nap in the morning and the afternoon. (Tr. 430).
Claimant testified that she first moved to Colonial House one year earlier after hitting rock bottom with her bipolar. (Tr. 428). Claimant moved back into Colonial House within the past two months. (Tr. 430). With the help she has received at Colonial House, Claimant feels she has come a long way. (Tr. 428). Claimant testified that she is much better. (Tr. 429). Claimant's goal is to be able to concentrate and to manage her life. (Tr. 429). Claimant testified that she isready to move from Colonial House although she has not discussed that matter with her counselor. (Tr. 429). Colonial House's goal is to enable Claimant to take care of herself and to be able to live on her own. (Tr. 430).
2. Testimony of Vocational Expert
Vocational Expert Delores Gonzalez, a certified vocational rehabilitation counselor, testified in response to the ALJ's questions. (Tr. 431-32). Ms. Gonzalez identified the St. Louis metropolitan area including several counties in Illinois and Missouri as the specific region of the country she would be using in her reference concerning the existence and number of jobs. (Tr. 434). Ms. Gonzalez identified Claimant's vocational history over the last fifteen years as a cashier in a gas station, 211.462-010, classified as light, unskilled work; cleaner, 382.664-010, classified as medium, semi-skilled; cashier in fast food, 311.472-010, classified as light, unskilled; cashier in retail drugs, 299.367-014, usually classified as heavy, semi-skilled; school bus monitor, 372.667-042, classified as light, unskilled; racker, 500.686-010, classified as heavy, unskilled; shipping and receiving clerk, 222. 387-050, classified as medium, semi-skilled; stocker in a liquor store, 290.477-014, classified as light, semi-skilled; truck washer, 919.687-014, classified as medium, semi-skilled; and childcare worker, 359.677-018, classified as light, semi-skilled. (Tr. 434-35). Ms. Gonzalez opined that Claimant has not acquired any skills that could be utilized in other jobs. (Tr. 435).
(Tr. 435). Ms. Gonzalez opined that Claimant could still work as a cashier, school bus monitor, and stocker. (Tr. 436).
(Tr. 436). Ms. Gonzalez opined that Claimant could still perform the positions of a cashier and school bus monitor. (Tr. 436).
In the last hypothetical, the ALJ asked to assume hypothetical two ...
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