Umfress v. Astrue
| Decision Date | 12 September 2012 |
| Docket Number | Case No. 1:11CV00096 LMB |
| Parties | KATHERINE UMFRESS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Eastern District of Missouri |
This is an action under 42 U.S.C. § 405(g) for judicial review of defendant's final decision denying the application of Katherine Umfress for Supplemental Security Income under Title XVI of the Social Security Act. This case has been assigned to the undersigned United States Magistrate Judge pursuant to the Civil Justice Reform Act and is being heard by consent of the parties. See 28 U.S.C. § 636(c). Plaintiff filed a Brief in support of the Complaint. (Doc. No. 16). Defendant filed a Brief in Support of the Answer. (Doc. No. 17).
On June 17, 2008, plaintiff filed her application for benefits, claiming that she became unable to work due to her disabling condition on March 31, 2005. (Tr. 133-36). This claim was denied initially, and following an administrative hearing, plaintiff's claim was denied in a written opinion by an Administrative Law Judge (ALJ), dated April 21, 2010. (Tr. 62, 88-93, 10-25). Plaintiff then filed a request for review of the ALJ's decision with the Appeals Council of the Social Security Administration (SSA), which was denied on April 7, 2011. (Tr. 1-5). Thus, thedecision of the ALJ stands as the final decision of the Commissioner. See 20 C.F.R. §§ 404.981, 416.1481.
Plaintiff's administrative hearing was held on January 5, 2010. (Tr. 32). Plaintiff was present and was represented by counsel. (Id.). Vocational expert Greg Reimholt appeared by telephone. (Id.).
The ALJ examined plaintiff, who testified that she was twenty-five years of age and had a tenth grade education. (Tr. 35). Plaintiff stated that she quit school because she was depressed from worrying about her father. (Id.). Plaintiff testified that her father advised her to quit school and try to obtain her GED. (Id.). Plaintiff stated that she took the GED test on one occasion and failed. (Tr. 36). Plaintiff explained that she scored low in the subjects of math, science, and social studies. (Id.).
Plaintiff testified that she had not received any vocational training. (Id.). Plaintiff stated that she did not take special education classes when she was in school. (Id.). Plaintiff testified that she received speech therapy until she was in ninth grade. (Tr. 37). Plaintiff stated that she had difficulty pronouncing long words. (Id.).
Plaintiff testified that she worked at a home health position in 2007. (Tr. 39). Plaintiff explained that she was paid by the State to take care of her mother-in-law. (Id.). Plaintiff testified that she helped her mother-in-law take her medication, made her bed, swept, mopped, vacuumed, and washed dishes. (Id.). Plaintiff stated that she was able to perform this position until she became unable to bend over to pick up items, or push or pull. (Id.). Plaintiff testifiedthat she was expected to perform her duties even though her client was her mother-in-law. (Tr. 40). Plaintiff stated that she worked at this position from November 2006 through February 2008. (Id.). Plaintiff testified that she worked approximately fifteen hours a week. (Id.). Plaintiff stated that she earned approximately $200.00 a week at this position. (Tr. 41). Plaintiff testified that this was her last position. (Id.).
Plaintiff stated that she worked as a cashier in a department store from April or May of 2003 through August of 2003. (Id.).
Plaintiff testified that she stopped working in February of 2008 because she started experiencing medical problems. (Id.). Plaintiff stated that she experienced back pain and muscle spasms. (Tr. 42).
Plaintiff testified that she lived with her husband in a one-story house. (Id.).
Plaintiff stated that she enjoyed swimming when her medical problems allowed her to swim. (Id.). Plaintiff testified that she last swam in July of 2009. (Tr. 43).
Plaintiff stated that she was able to walk for one half of a block to one block. (Id.). Plaintiff testified that her back would start "spazzing out," and her legs would "probably go out from underneath [her]" if she tried to walk farther. (Id.). Plaintiff stated that she had degenerative disc disease1 in her lumbar2 spine. (Id.). Plaintiff testified that, when her legs goout, her knees buckle and she falls to the ground. (Tr. 44).
Plaintiff stated that she was able to stand for ten to fifteen minutes before she started to experience back pain. (Id.).
Plaintiff testified that she had difficulty lifting items because she loses her grip. (Id.). Plaintiff stated that she was unable to lift a twenty-five-pound bag of dog food. (Tr. 45). Plaintiff testified that "might" be able to carry a gallon of milk. (Tr. 45). Plaintiff stated that she would be unable to grip a ten-pound flower pot. (Id.).
Plaintiff testified that she did not have a driver's license. (Tr. 46). Plaintiff stated that she had never taken the driver's license test because the material in the test preparation book was too difficult for her to read. (Id.). Plaintiff testified that she was able to read but she had difficulty comprehending. (Id.).
Plaintiff stated that she enjoyed doing word finds and reading. (Id.). Plaintiff testified that she read children's books. (Id.).
The ALJ noted that there was no evidence in the record that plaintiff had undergone IQ testing. (Tr. 47). The ALJ indicated that he would "get back to that," and instructed plaintiff's attorney to "prepare to entertain discussions about having some testing done." (Id.).
Plaintiff testified that she had been prescribed pain medication, but that her prescription had expired in September of 2009. (Tr. 48-49). Plaintiff stated that she was only taking over-the-counter pain medication at the time of the hearing. (Id.).
Plaintiff testified that she took medication for acid reflux, and for allergies. (Tr. 49).
Plaintiff stated that she had taken an antidepressant in the past for depression, but was no longer taking it because she was unable to afford the medication. (Id.). Plaintiff testified that shedid not have Medicaid benefits. (Id.). Plaintiff stated that she last took antidepressant medication in October of 2009. (Tr. 50).
Plaintiff testified that her husband works three-and-a-half hours a day taking care of his mother. (Id.). Plaintiff stated that her mother-in-law lived nearby. (Id.).
Plaintiff testified that she was unable to do any housework when her husband was working. (Id.). Plaintiff stated that she tried to prepare meals for herself. (Id.). Plaintiff testified that she spent her days watching television, doing word puzzles, or reading. (Tr. 51).
Plaintiff stated that her biggest medical problem was the muscle spasms in her back. (Id.). Plaintiff testified that she was not seeing a doctor for her back impairment, and that she last saw a doctor in September of 2009. (Id.). Plaintiff stated that the last doctor she saw was Dr. Jerry Muse at the Campbell Clinic. (Id.). Plaintiff testified that no doctor has ever recommended back surgery, physical therapy, or injections. (Tr. 52).
Plaintiff stated that she and her husband enjoyed swimming. (Id.). Plaintiff testified that she watched her nephews on the weekend, and that her nephews also enjoyed swimming. (Id.).
Plaintiff testified that her "number two problem" was her depression. (Tr. 53). Plaintiff stated that she had seen Dr. Price Gholson, who was a mental health professional. (Id.). Plaintiff testified that she saw Dr. Gholson in November 2009, and that she was referred by the state agency. (Tr. 54). Plaintiff stated that this was the last time she saw a mental health professional. (Id.).
Plaintiff testified that her family doctor was prescribing her antidepressants. (Id.). Plaintiff stated that her family doctor referred her to Shahid Choudhary, and that Dr. Choudhary diagnosed her with degenerative disc disease and muscle spasms. (Id.).
Plaintiff testified that she had seen a counselor two or three times for evaluations. (Tr. 55). Plaintiff stated that she had never seen a professional for counseling or attended group therapy. (Id.).
Plaintiff testified that her depression made her want to stay in a dark room by herself and cry. (Id.). Plaintiff stated that she did not want to be around people, take showers, or eat when she was depressed. (Id.).
Plaintiff testified that her knees buckle. (Tr. 56). Plaintiff stated that Dr. Choudhary told her that the knee buckling and problems with her hands were related to her back impairment. (Id.).
Plaintiff's attorney examined plaintiff, who testified that she had tendonitis3 in her left wrist. (Id.).
Plaintiff stated that she had not taken any prescription medication since her Medicaid coverage expired. (Tr. 57). Plaintiff testified that she took over-the-counter pain medication and used a heating pad. (Id.). Plaintiff stated that she also took hot showers. (Id.). Plaintiff testified that she applied heat once or twice a day. (Id.).
Plaintiff stated that she had bad days when she did not shower or do anything approximately three to four times a week. (Id.). Plaintiff testified that she experienced these bad days due to a combination of pain and depression. (Id.).
Plaintiff stated that her knees buckle. (Id.). Plaintiff indicated that she did not know whether she was referring to her knee joints or her legs because she did not know the difference. (Id.).
Plaintiff testified that she had some days during which she functioned fairly well. (Tr. 58). Plaintiff stated that her husband took her to visit her parents on these days. (Id.).
Plaintiff testified that when she goes swimming with her family, she does not really swim, but just sits in the pool. (Id.).
Plaintiff stated that she did not complete the tenth grade. (Id.). Plaintiff testified that she attended class until January of her tenth grade school year, and then started taking GED classes. (Id.)....
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