Wade v. Colvin
| Decision Date | 31 January 2014 |
| Docket Number | No. 12 C 8260,12 C 8260 |
| Parties | OTIS WADE, JR., Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Northern District of Illinois |
MEMORANDUM OPINION AND ORDER
Plaintiff Otis Wade, Jr. brings this action under 42 U.S.C. § 405(g), seeking to overturn the final decision of the Commissioner of Social Security ("Commissioner") denying his applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under Titles II and XVI, respectively, of the Social Security Act. The parties consented to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). Plaintiff filed a summary judgment motion seeking reversal of the Administrative Law Judge's decision, and the Commissioner filed a cross-motion seeking affirmance of the decision. After careful review of the parties' briefs and the record, the Court denies Plaintiff's motion, grants the Commissioner's motion, and affirms the ALJ's decision.
Plaintiff applied for DIB on February 13, 2009 and for SSI on July 8, 2009, alleging that he became disabled beginning on December 31, 2006 due to depression,high blood pressure, and diabetes, which caused balance problems, insomnia, and hand tremors. (R. 16, 134-36, 168). The Social Security Administration denied the applications initially on October 21, 2009, and again on reconsideration on May 3, 2010. (R. 20, 72-75). Pursuant to Plaintiff's timely request, Administrative Law Judge ("ALJ") Patricia J. Bucci held a hearing on April 15, 2011, where she heard testimony from Plaintiff, represented by counsel, and a vocational expert. (R. 45-71). On May 18, 2011, the ALJ found that Plaintiff is not disabled and is capable of performing jobs that exist in significant numbers in the regional and national economy. (R. 31-33). The Appeals Council denied Plaintiff's request for review on August 20, 2012. (R. 1-5).
Plaintiff now seeks judicial review of the ALJ's decision, which stands as the final decision of the Commissioner. In his brief, Plaintiff argues that the ALJ erred by (1) failing to give sufficient weight to the opinion of his counselor Alicia Carter; (2) failing to fully account for his mental impairments in the RFC assessment, and (3) finding him not fully credible without considering the limitations on his daily activities and his allegations of hand tremors, anemia, and hip and leg pain.
Plaintiff was born on November 8, 1958 and was 48 years old on his alleged disability onset date. (R. 31). He completed two years of college. (R. 31, 172). Plaintiff's past relevant experience included working full-time as a certified nursing assistant from 1996 to 2003 and part-time as a church maintenance worker from 2003 until he was fired in 2006 when he had an altercation with his new supervisor.2 (R. 31, 57-58, 64, 169).
The earliest medical documentation in the record is an admission to Provident Hospital from May 21-23, 2007 due to chest pain, shortness of breath upon exertion, and dizziness. (R. 296-316). The ER notes indicate "poorly controlled" diabetes and a right hand asterixis (tremor). (R. 296). A stress test revealed moderately to markedly reduced functional capacity/exercise tolerance, produced no chest pain or reproduction of symptoms, and was inconclusive for ischemia due to an inadequate heart rate achieved. (R. 309). Plaintiff was prescribed medication for his diabetes and referred to his primary care doctor for follow-up. (R. 307-08).
A year later, on May 28, 2008, Plaintiff returned to Provident Hospital for "'med refill & checkup.'" (R. 283). He complained of difficulty writing due to his hand shaking, which he had experienced "for his entire life," but which "got worse" around 2003. (Id.). He also reported some tingling in his lower legs. (Id.). The doctor refilled Plaintiff's diabetes and hypertension (high blood pressure) prescriptions and diagnosed him with an intension tremor, for which he referred him to a neurologist. (R. 284).
Plaintiff's mental health issues are first documented beginning in early 2009. On February 17, 2009, a new client Psychiatric Evaluation Form was completed by a psychiatrist at the Human Resources Development Institute (HRDI).3 (R. 257-60). Plaintiff reported that he was staying with his sister, but she would be moving and he will be homeless soon. (R. 257). He complained of problems with his hands shakingand trouble balancing "off and on" since 1992, as well as depression. (Id.). He had never seen a psychiatrist for treatment. (Id.). He had a history of alcoholism but had been sober for 15 years. (Id.). Plaintiff had no suicidal or homicidal ideation, thought disorder, incoherence, illogical thinking, or hallucinations. (R. 259). His appetite was decreased; he had insomnia; his energy, concentration and loss of interest/libido was decreased; and his consciousness was clear. (Id.). He was oriented, his memory was intact, and his attention and concentration were impaired. (Id.). The psychiatrist diagnosed him with major depression that is recurrent and severe, and recommended that he "may benefit from psychotropics" and "needs psychosocial support and rehab." (R. 260).
The psychiatrist prescribed Celexa for Plaintiff's depression, but in March 2009 switched him to Lexapro, which was refilled on seven more occasions through the end of 2009. (R. 387). At a follow-up psychiatric appointment on April 22, 2009, Plaintiff reported that he "likes Lexapro, feels less depressed, [is] sleeping [and] eating OK, has [a] good sleep schedule." (R. 328). At his next follow-up on May 20, 2009, Plaintiff reported that "Lexapro made him sleepy" but his "response is good" so the doctor switched him to a p.m. medication schedule. (Id.). On June 18, 2009, the doctor simply noted that Plaintiff was "doing OK." (Id.).
On July 28, 2009, Gwendolyn Cobb of HRDI, whose title and credentials are not specified, completed a Mental Impairment Questionnaire for Plaintiff. (R. 319-22). Ms. Cobb stated that she sees Plaintiff three times per week, but did not specify in what capacity. (R. 319). She reported that he takes 20 mg of Lexapro once daily, and checked off the following symptoms associated with Plaintiff's depression: appetitedisturbance with weight change, sleep disturbance, feelings of guilt/worthlessness, difficulty thinking or concentrating, social withdrawal or isolation, decreased energy, and intrusive recollections of a traumatic experience. (Id.). She concluded that his impairments or treatment would cause Plaintiff to be absent from work more than three times per month. (R. 320). She further concluded that he has moderate restriction of activities of daily living; moderate difficulties in maintaining social functioning; constant deficiencies of concentration, persistence, or pace resulting in failure to complete tasks in a timely manner, and continual episodes of deterioration or decompensation in work or work-like settings. (R. 322).
However, on September 15, 2009, Plaintiff reported to his HRDI psychiatrist that "'I am not depressed often, some days I feel sad and then I take my medicine.'" (R. 391). Plaintiff denied any recent depressed mood, feelings of hopelessness, hallucinations, or sleep disturbance. (Id.). On October 13, 2009, Plaintiff told the psychiatrist that he is "better" and was "sleeping well," and the psychiatrist concluded that he was "stable."
On October 5, 2009, Charles Carlton, MD completed an Internal Medicine Consultative Examination for the Illinois Bureau of Disability Determination Services ("DDS"). (R. 330-40). Plaintiff's chief complaints were balance problems, sleeplessness, depression, and weakness and tremors in both hands. (R. 330). Dr. Carlton noted "a history of hypertension and diabetes dating back to 1992" and onset ofdepression back in 19864 when his mother died," but recounts Plaintiff's present complaints beginning on May 21, 2007, when he experienced chest pain, dizziness, and shortness of breath and was admitted to the hospital with atypical chest pain, diabetes, hypertension, and chronic anemia. (R. 330-31). Plaintiff stated that he believes his tolerance is limited to light work and that "he can handle tasks such as mopping and floor care." (R. 331). Dr. Carlton's musculoskeletal examination showed the following: (R. 333). Specifically, Plaintiff was able to perform eight of eight fine and gross manipulative movements of his right and left hands and fingers, and his grip strength was 5 out of 5 in both hands. (R. 335). His neurological examination revealed "no signs of tremors or hand weakness." (R. 333). Dr. Carlton concluded that Plaintiff can sit and stand; walk greater than 50 feet without an assistive device, lift, carry and handle objects using both hands; and lift up to 20 pounds on an occasional basis. (R. 334).
On October 20, 2009, Richard Bilinsky, MD completed a Physical Residual Functional Capacity Assessment for the DDS based on a primary diagnosis of atypical chest pain, a second diagnosis of diabetes, and other alleged impairments of hypertension and chronic anemia. (R. 361-68). He concluded that Plaintiff can occasionally lift or carry 20 pounds, frequently lift or carry 10 pounds, stand and/or walk (with normal breaks) about 6 hours in an 8-hour work day, sit (with normal breaks) about 6 hours in an 8-hour work day, and is unlimited in his ability to push and/or pull other than as shown for lifting and/or carrying. (R. 362). Dr. Bilinsky found that Plaintiffhas no postural, manipulative, or communicative, limitations, but that he has...
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