West v. Colvin
| Decision Date | 16 July 2013 |
| Docket Number | No. 10 C 5761,10 C 5761 |
| Parties | SANBONITA WEST, Plaintiff, v. CAROLYN COLVIN, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Northern District of Illinois |
MEMORANDUM OPINION AND ORDER
The Plaintiff, Sanbonita West, seeks review of the final decision of the Commissioner ("Commissioner") of the Social Security Administration ("Agency"), denying her application for Supplemental Security Income ("SSI"), under Title XVI of the Social Security Act ("Act"), 42 U.S.C. § 1383(c)(3). Ms. West asks the court to reverse the Commissioner's decision for an award of benefits, or, in the alternative, to reverse and remand the Commissioner's decision. The Commissioner seeks an order affirming the decision.
Ms. West filed an application for SSI1 on August 25, 2005, alleging that she had been disabled since December 3, 2004. . The claim was denied initially and upon reconsideration. (R. 104-07, 110-12). Ms. West filed a request for a hearing with an Administrative Law Judge ("ALJ") on August 18, 2006. (R. 114-15).
An ALJ convened a hearing on June 15, 2009, at which Ms. West, represented by counsel, appeared and testified. (See R. 48-101). Also appearing and testifying were Sheldon J. Slodki, M.D., an impartial medical expert, and Glee Ann L. Kehr, an impartial vocational expert. (See R. 48-101). On July 28, 2009, the ALJ issued a decision denying the application for SSI because, "considering Ms. West's age, education, work experience, and residual functional capacity ("RFC"), the claimant is capable of making a successful adjustment to other work that exists in significant numbers in the national economy." (R. 29). This became the final decision of the Commissioner when the Appeals Council denied Ms. West's request for review of the decision on July 9, 2010. (R. 1-3). Ms. West has appealed the decision to the federal district court under 42 U.S.C. § 405(g), and the parties have consented to the jurisdiction of a Magistrate Judge pursuant to 28 U.S.C. § 636(c).
Ms. West was born on August 3, 1984, (R. 168), making her twenty-four years old at the time of the ALJ's decision. (See R. 18). Ms. West completed tenth grade and has a GED. (R. 55-56). She last worked as an aide for her grandmother from May 2008 until April 2009, and was paid by Addus Healthcare. (R. 52-53, 247). Ms. West's working history also includes answering phones for the Regional Transportation Authority ("RTA") from May until December 2004, (R. 59, 247), completing a six-month Job Corps training program beginning in March 2007, (R. 56, 60), and keeping inventory and preparing customers at a hair salon from March 2006 until April 2008. (R. 59).
In 2005, Ms. West began experiencing backaches and pain in her right leg, (R. 249, 255, 265), and an MRI from April 23, 2005 revealed broad-based, right paramedian disc protrusion and mild bilateral facet degenerative disease at level L5-S1. (R. 311). She received lumbar epidural steroid injections at L5-S1 on July 25, August 8, August 22, and November 29, 2005, and January 4, 2006 at the Advocate Christ Medical Center in Oak Lawn, Illinois. (R. 262-64, 303, 308-09). Ms. West also received a right selective nerve root block at L5-S1 on October 31, 2005. (R. 306).
On October 3, 2005, Ms. West completed an "Activities of Daily Living Questionnaire." (See R. 196-203). She reported that she lived with her grandmother, cooked her own meals, cleaned once every other week, rarely did laundry or ironed, and performed yard work every month and a half, if ever. (R. 196). Ms. West reported that she could not take showers because of pain in her right leg when entering the tub, and that she took Prevacid and Zoloft. (R. 197). According to Ms. West, she did not sleep well because of pain in her right leg. (R. 198). Ms. West reported that she got along with other people, was not afraid of others, did not get angry with other individuals, but did get upset when criticized. (R. 198-99). She noted that she did not enjoy her hobbies as much because of her pain, and that she did not feel motivated to go to church. (R. 199). According to Ms. West, she could not sit for two hours at a time, could not go shopping or prepare a meal without needing to sit, and was no longer able to walk long distances, exercise, dance, or stand for long periods of time. (R. 202-03).
On December 22, 2005, Ms. West underwent an internal medicine evaluation by Fauzia A. Rana, M.D. (R. 277-81). Dr. Rana reported that Ms. West was 66.5 inches tall and weighed306 pounds. (R. 277). Ms. West's pulse was seventy-eight beats per minute, and was regular in rate and rhythm. (R. 278). Dr. Rana noted that Ms. West had suffered from chronic back pain since 2001, had difficulty in prolonged sitting and standing, and sometimes had difficulty bending down and getting up. (R. 277). Ms. West reported that her back pain sometimes radiated to her right leg. (R. 277). Dr. Rana assessed that Ms. West could walk on her heels and toes, squat, and had a normal gait while walking. (R. 279). Ms. West complained of chest pains, and reported that such pains usually arose when she was under stress. (R. 277). Ms. West denied hallucinations and suicidal thoughts, but acknowledged that she had attempted suicide in the past. (R. 277). Dr. Rana concluded that Ms. West had chronic back pain, atypical chest pain, anxiety and depression, and suffered from gross obesity. (R. 279).
Ms. West also underwent a psychiatric evaluation on December 22, 2005 with Ana A. Gil, M.D. (R. 273-76). Ms. West reported that she had been seeing her psychologist, Vicky Todd, on a weekly basis at the Roseland Mental Health Center, and that Ms. Todd's internist, Dr. Pierro, had been treating her with Zoloft. (R. 273). Ms. West stated that she was living with and taking care of her grandmother who had Alzheimer's disease. (R. 273). She reported that she did her own cooking, cleaning, laundry, and grocery shopping, was able to pay her own bills, and had some friends. (R. 274).
Ms. West reported that she experienced crying spells once a week, and that she had become increasingly anxious, particularly around large crowds. (R. 273). She acknowledged that she felt better once she evaded the crowd, (R. 273), and stated that she tried to avoid public transportation when it was crowded. (R. 274). She denied feeling hopeless or helpless, and denied difficulty in concentrating. (R. 273).
Dr. Gil noted that Ms. West's affect appeared to be sad, and that her mood appeared dysphoric. (R. 275). When tested, Ms. West was able to repeat seven numbers forward and backward, recall recent news, state her birth date and address, and perform basic calculations. (R. 275). Dr. Gil concluded that Ms. West's symptoms indicated an adjustment disorder with mixed features of anxiety and depression. (R. 276). In addition, Dr. Gil opined that there was no evidence of psychosis or a thought process disorder. (R. 276).
On January 25, 2006, Heinrich Jerrold, Ph.D., a state agency psychologist, performed a psychiatric review of Ms. West. (R. 282-95). Dr. Jerrold determined that Ms. West did not have a severe mental impairment. (R. 282). He did assess that Ms. West had affective disorders and anxiety-related disorders, (R. 282), and concluded that Ms. West suffered from an adjustment disorder with mixed features of anxiety and depression. (R. 285).
On May 1, 2006, Ms. West had a laminotomy with diskectomy surgery for her back at the Advocate Christ Medical Center, and was discharged on May 3. (R. 316, 326-27). Shortly after surgery, on May 19, 2006, Delano Zimmerman, M.D., reviewed the medical evidence and made a physical RFC assessment, concluding that Ms. West was limited to light work. (R. 335-42). Dr. Zimmerman assessed that Ms. West could occasionally lift or carry twenty pounds, frequently lift ten pounds, stand or walk for about six hours in an eight-hour workday, sit for about six hours in an eight-hour workday, and had no limitations in her ability to push or pull. (R. 336). Dr. Zimmerman noted that Ms. West had a long history of back problems, but concluded that the condition would likely resolve within twelve months. (R. 342).
In August 2006, Ms. Todd completed a mental impairment questionnaire for Ms. West that had been provided by her attorney. (R. 344). Ms. Todd reported that Ms. West's Global Assessment of Functioning ("GAF") was 60, and that her highest GAF in the past year had been55.2 (R. 344). Ms. Todd noted that Ms. West exhibited mood swings and complained of severe pain in her lower back. (R. 345-46). In addition, Ms. Todd reported that she anticipated Ms. West missing work more than three times a month due to her impairments or treatment. (R. 347).
Ms. Todd opined that Ms. West had a "fair" ability to maintain regular attendance, complete a normal workday without interruptions from symptoms, perform at a consistent pace without an unreasonable amount of rest periods, respond appropriately to changes in a routine work setting, and be aware of normal hazards and take appropriate precautions. (R. 348-49). Ms. Todd also assessed that Ms. West had "poor" or no ability to sustain an ordinary routine, work in coordination with or in proximity to others, or accept instructions and respond appropriately to criticism. (R. 348). Similarly, Ms. Todd determined that Ms. West had a "fair" ability to understand and remember detailed instructions, set realistic goals, and deal with stress of semiskilled and skilled work, but that Ms. West had a "poor" ability to carry out detailed instructions. (R. 349). In addition, Ms. Todd opined that Ms. West had a "fair" ability to maintain socially appropriate behavior and use public transportation, but a "poor" ability to interact appropriately with the general public. (R. 350). Ms. Todd also gave...
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