Vadeboncoeur v. Callahan, 96 C 6244.

• Decision Date: 04 September 1997
• Docket Number: No. 96 C 6244.,96 C 6244.
• Citation: 976 F.Supp. 751
• Parties: Pamela VADEBONCOEUR, Plaintiff, v. John J. CALLAHAN, Acting Commissioner of the Social Security Administration, Defendant.
• Court: U.S. District Court — Northern District of Illinois

976 F.Supp. 751

Pamela VADEBONCOEUR, Plaintiff, v. John J. CALLAHAN, Acting Commissioner of the Social Security Administration, Defendant.

No. 96 C 6244.

United States District Court, N.D. Illinois, Eastern Division.

September 4, 1997.

Robert C. Kielian, M. Jacqueline Walther, Kielian & Walther, Chicago, IL, for Plaintiff.

Daniel Edward May, U.S. Atty. Office, Chicago, IL, for Defendant.

MEMORANDUM OPINION AND ORDER

IAN H. LEVIN, United States Magistrate Judge.

Plaintiff, Pamela Vadeboncoeur, seeks judicial review pursuant to the Social Security Act, 42 U.S.C. § 405(g), of a final decision of the Commissioner of Social Security (the "Commissioner") denying her application for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). Plaintiff moves for summary judgment pursuant to Fed.R.Civ.P. 56. In the alternative, Plaintiff moves that her case be remanded to the Commissioner for consideration of additional, new evidence. The Defendant has filed a brief in support of the Commissioner's decision, requesting affirmance of that decision and a denial of the motion for remand.

For the reasons set forth below, the Commissioner's decision is affirmed and the motion for remand denied.

PROCEDURAL HISTORY

Plaintiff applied for DIB on April 11, 1994 and for SSI on March 15, 1994 (R. 34-41.)¹ Her applications, and timely request for reconsideration, were denied by the Commissioner of the Social Security Administration. (R. 42-50.) Upon Plaintiffs timely request (R. .51), a hearing was held — wherein Plaintiff was represented by an attorney — before Administrative Law Judge John L. Mondi (the "ALJ") on July 27, 1995. (R. 318.) The ALJ denied Plaintiff's applications on October 17, 1995 on the grounds that Plaintiff retained the ability to perform her past relevant work as a hand product assembler. (R. 18.) On July 24, 1996, the ALJ's decision became the Commissioner's final decision when the Appeals Council denied Plaintiffs request for review. (R. 4-5.) Pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), Plaintiff initiated this civil action for judicial review of the Commissioner's final decision.

LEGAL STANDARDS

I. STANDARD OF REVIEW

Judicial review of the Commissioner's final decision is limited. The Social Security Act at 42 U.S.C. § 405(g), establishes that the Commissioner's findings as to any fact are conclusive if they are supported by substantial evidence. See also Brewer v. Chater, 103 F.3d 1384, 1390 (7th Cir.1997). "Substantial evidence" means "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971); Brewer, 103 F.3d at 1390. The court may not reevaluate the facts, reweigh the evidence, or substitute its own judgment for that of the Commissioner. See Brewer, 103 F.3d at 1390. Conclusions of law are not entitled to deference, however, so if the Commissioner commits an error of law, reversal is required without regard to the volume of evidence in support of the factual findings. See Binion v. Chater, 108 F.3d 780, 782 (7th Cir.1997).

II. STATUTORY AND REGULATORY FRAMEWORK

To receive disability benefits, a SSI or DIB claimant must be "disabled" as defined by The Social Security Act. See 42 U.S.C. § 423(a)(1)(D); 42 U.S.C. § 1382(a); Pope v. Shalala, 998 F.2d 473, 477 (7th Cir.1993). An individual is "disabled" if she is unable "to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." See 42 U.S.C. § 423(d)(1)(A);-:20 C.F.R. § 404.1505(a). See also Jones v. Shalala, 10 F.3d 522, 523-24 (7th Cir.1993). To satisfy this definition, an individual must have a severe impairment that renders her unable to do her previous work or any other substantial gainful activity that exists in the national economy. See 20 C.F.R. § 404.1505(a).

The Social Security regulations delineate a five-step process for determining whether a claimant is disabled within the meaning of the Act. See 20 C.F.R. §§ 404.1520. The ALJ first considers whether the claimant is presently employed or "engaged in substantial gainful activity." 20 C.F.R. § 404.1520(b). If he or she is, the claimant is not disabled, and the evaluation process is over; if he or she is not, the ALJ next addresses whether the claimant has a severe impairment or combination of impairments which "significantly limits ... physical or mental ability to do basic work activities." 20 C.F.R. 404.1520(c). Third, the ALJ determines whether that severe impairment meets any of the impairments listed in the regulations, 20 C.F.R. § 401, pt. 404, subpt. P, app. 1. If it does, then the impairment is acknowledged by the Commissioner to be conclusively disabling. See, Brewer, 103 F.3d at 1391.

If the impairment does not so limit the claimant's remaining capabilities, the fourth step is that the ALJ reviews the claimant's "residual functional capacity" ("RFC") and the physical and mental demands of her past work. RFC is a measure of what an individual can do despite the limitations imposed by her impairments. See 20 C.F.R. §§ 404.1545(a), 416.945(a). See also Social Security Ruling 96-8p (1996). If the claimant can perform her past relevant work, she will be found not disabled. See 20 C.F.R. § 404.1520(e).

For the fifth step, if the claimant shows that her impairment is so severe that she is unable to engage in her past relevant work, then the burden of proof shifts to the Commissioner to establish that the claimant — in light of her age, education, job experience and functional capacity to work — is capable of performing other work and that such work exists in the national economy. See 42 U.S.C. § 423(d)(2); 20 C.F.R. § 404.1520(f). See also Brewer, 103 F.3d at 1391.

THE ADMINISTRATIVE HEARING

I. PLAINTIFF'S TESTIMONY

Plaintiff was born on December 7, 1953, and was 41 years old at the time of the ALJ's decision. (R. 322.) Plaintiff has a high school education and attended one year of college. (Id.) From 1980-86, Plaintiff worked as a clerk/cashier and assistant manager at a gas station. (R. 325-26.) That job involved lifting over 20 pounds, as well as bending and stretching. (R. 326.) Plaintiff then worked at Dove Bar International dipping ice cream bars and boxing the bars for shipping. (R. 324-25.) The job at Dove Bar, which Plaintiff performed standing, did not require lifting anything over a few pounds. (R. 325.) Plaintiff worked at Dove Bar for three months. (R. 324.) From November 1986 until August 1991, Plaintiff worked as a spot welder for Athena Industries, a manufacturer of steel wire racks. (R. 323-24.) This job involved, among other things, heavy lifting. (R. 324.)

When asked regarding what prevented her from working, Plaintiff testified that she had a recurrent hernia which has undergone five repairs. (R. 326.) Plaintiff also testified that she has asthma. (R. 327.) Plaintiff testified that she gets dizzy due to a side effect caused from her medicine, Lozol. (R. 329.) Plaintiff stated that she has a problem with nervousness and depression because of the medicines she takes and suffers from migraine headaches. (R. 329-330.) Plaintiff claimed that she had memory and concentration problems, but was not sure if they should be characterized as major or minor. (R. 332.) Plaintiff further testified that she: (1) had no problem sitting (R. 327); (2) could stand at least 15 to 20 minutes without problems (id.); (3) could walk a half a block without problems (R. 328); (4) could not lift a gallon of milk (id.); and (5) could not bend very much (id.).

II. MEDICAL EVIDENCE

Plaintiff submitted evidence regarding her abdominal problems. Although Plaintiff testified that she underwent five hernia operations, she only gave the ALJ medical records from two of those operations, December 1991 and January 1994. (R. 87-104, 139-47.) Plaintiff's January 1994 surgery required another hospital stay due to discharge from the surgical wound. (R. 164-68.) Plaintiff also submitted records regarding laparoscopic surgery she underwent in April 1992 which resulted in gallstones being removed. (R. 105-117.) In addition, records reflected that Plaintiff was treated in the emergency room for pain and discharge in her abdominal area in August 1992. (R. 123-27.)

Plaintiff submitted evidence regarding heart problems. For example, in May 1994, Plaintiff was hospitalized with an acute myocardial infarction. (R. 178, 180.) Cardiac catheterization studies revealed coronary artery disease. (R. 181, 209.) Plaintiff underwent coronary angioplasty and took medication. (R. 208-09.) An EKG stress test conducted in July 1994 was normal, with no ischemic symptoms or EKG changes. (R. 227, 292.) Plaintiff had normal blood pressure and heart rate, and her exercise capacity was only mildly reduced. (R. 227.) In May 1995, Dr. Chris Kolyvas reported that he had treated Plaintiff with medication for coronary artery disease. (R. 292.) He indicated that the stress thallium testing had revealed no evidence of ischemia and was essentially normal. (Id.)

In June 1994, Dr. Delano Zimmerman issued a residual functional capacity assessment which was reviewed and affirmed by Dr. Francis Vincent. (R. 257-64.) This report stated that Plaintiff could occasionally lift twenty pounds, frequently lift ten pounds, stand/walk about six hours in an eight-hour workday and sit about six hours in an eight-hour workday. (R. 258.) Dr. Zimmerman stated that Plaintiff would not need any manipulative or environmental limitations. (R. 261.)

In August 1995, Dr. Kasbekar, Plaintiff's treating physician, filled out a residual functional capacity questionnaire. (R. 287.) Dr. Kasbekar diagnosed Plaintiff with a large ventral incisional hernia and status coronary angioplasty and noted Plaintiff's...