Applewhite v. Colvin

54 F. Supp. 3d 945, 2014 WL 3418487
CourtDistrict Court, N.D. Illinois
DecidedJuly 15, 2014
DocketNo. 12 C 6860
StatusPublished
Cited by4 cases

This text of 54 F. Supp. 3d 945 (Applewhite v. Colvin) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Applewhite v. Colvin, 54 F. Supp. 3d 945, 2014 WL 3418487 (N.D. Ill. 2014).

Opinion

[947]*947MEMORANDUM OPINION AND ORDER

JEFFREY COLE, UNITED STATES MAGISTRATE JUDGE

Patricia Applewhite seeks review of the final decision of the Commissioner (“Commissioner”) of the Social Security Administration (“Agency”) denying her application for Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act (“Act”). 42 U.S.C. §§ 423(d)(2). Ms. Ap-plewhite asks the court to reverse and remand the Commissioner’s decision, while the Commissioner seeks an order affirming the decision.

I.

PROCEDURAL HISTORY

Ms. Applewhite applied for DIB on October 21, 2008, alleging that she had become disabled on January 15, 2008, due to hypertension, diabetes, neuropathy, high cholesterol, and anxiety disorder. (Administrative Record (“R”) 167-71, 191). Her application was denied initially and upon reconsideration (R. 102-03, 106-10, 112-15), and Ms. Applewhite continued pursuit of her claim by filing a timely request for a hearing. An administrative law judge (“ALJ”) convened a hearing at which Ms. Applewhite, represented by counsel, appeared and testified. In addition, Dr. Freeman testified as a medical expert and Thomas Dunleavy testified as a vocational expert. (R. 42-101). On February 7, 2011, the ALJ issued a decision finding that Ms. Applewhite was not disabled because she could perform her past sedentary work as a receptionist. (R. 25-41). The ALJ’s decision then became the final decision of the Commissioner when the Appeals Council denied Ms. Applewhite’s request for review of on April 30, 2012. (R. 5-10). See 20 C.F.R. §§ 404.955; 404.981. Ms. Applewhite has appealed that 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).

II.

THE EVIDENCE OF RECORD

A.

The Vocational Evidence

Ms. Applewhite was born on December 10, 1955, making her fifty-five years old at the time of the ALJ’s decision. (R. 250). She has completed two years of community college. (R. 199). Her past work has been generally sedentary or light, and did not require her to lift or carry much weight. (R. 202-205). Most recently, Ms. Applewhite worked as an immunization service coordinator for about 12 years. (R. 192, 201).

B.

The Medical Evidence

Ms. Applewhite points to just few pieces of medical evidence to support her claim for DIB, focusing on reports from a doctor who examined her twice and a doctor who examined her once. (Dkt. # 17, at 2-3). There’s not much in the record beyond that. Ms. Applewhite went to the Rose-land Neighborhood Health Center in June 2008 to refill her medications. She reported she had lost her job. She had no complaints. Examination was normal aside from her blood pressure, which was elevated at 186/126. She weighed 289 pounds and stood just 5'3". (R. 366). This was just six months after she claims she became disabled and unable to do any work.

She returned for medication refills in February 2009. She had missed her De[948]*948cember appointment. (R. 358). She again had no complaints and examination was normal. (R. 358-59). Her next appointment was scheduled for May. (R. 359).

The disability agency arranged for Ms. Applewhite to have a consultative examination with Dr. M.S. Patil on March 2, 2009. (R. 369-72). Ms. Applewhite told Dr. Patil that she was diagnosed with diabetes mel-litus in 2007, and was taking Lantus for it. She said her accu-check readings were usually within normal limits. She claimed to have lost about 20 pounds during the previous year. She had no complaints of polyuria, chronic infections, or blurry vision. She did have intermittent mild burning sensation in her feet and sometimes had nagging pain in her legs — she was told it could be neuropathy.. Ms. Applewhite added that experience a mild pain in her legs if she walked more than 2-3 blocks or stood for more than 15-20 minutes. She said she had had hypertension for the previous six years, but had never been hospitalized for stroke or heart attack. She claimed to get short of breath if she walked more than three blocks or went up and down stairs. She denied headaches, dizziness, dyspnea at rest, palpitations, or chest pain.- (R. 369).

Dr. Path found that Ms. Applewhite was 63 inches tall and weighed 281 pounds. Her blood pressure was 136/94. She was in no -acute distress. Her gait was normal. Her vision, with correction, was 20/25 in each eye. Respiratory examination was normal, as was cardiac examination. Mental status examination showed that Ms. Applewhite’s orientation, memory, appearance, and ability to relate during the examination were all entirely within normal limits. (R. 370). Musculoskeletal examination and the neurological examination showed all normal findings. There was a full range of motion in all joints was noted and motor strength was 5/5 in all extremities. There was no sign of muscle wasting or paralysis. Ms. Applewhite’s gait was normal, and she was able to walk 50 feet normally without and aiding device.

Dr. Patil’s diagnostic impressions included chronic primary hypertension, and he found Ms. Applewhite’s diastolic blood pressure was mildly elevated, but she was in no acute cardiopulmonary distress. There was no evidence of congestive heart failure, cerebral vascular accident, PTE, DVT or malignant arrhythmia’s. His diagnostic impression also included diabetes mellitus but he noted no chronic foot ulcers, gangrene, or localized neurovascular deficits. Ms. Applewhite had been on oral hypoglycemic and insulin since 2007, but her history was negative for seizures, coma, ophthalmic, or amputation surgery. Dr. Patil found she was extremely obese, but it did not affect her gait or dexterity. Her range of motion was normal, and there was swelling, tenderness, or redness of any joint. (R. 371). Although there was a reported history of anxiety disorder, Dr. Patil found Ms. Applewhite’s mental status normal. She denied any past inpatient psychiatric care, and she was not on psychotropic medications. (R. 372).

On March 4, 2009, Dr. Francis Vincent reviewed the medical record on behalf of the disability agency. (R. 373-80). He felt Ms. Applewhite could frequently lift 10 pounds, occasionally lift 20 pounds, stand or walk for 6 hours in and 8-hour workday, and sit for 6 hours as well. (R. 374). She could occasionally climb stairs or ramps, but never climb ropes or scaffolds. (R. 375). That same day, Kirk Boyenga, Ph.D., reviewed the filed and found there was no severe mental impairment present. (R. 381, 393). These findings were later confirmed by two additional reviewers in June 2009. (R. 395-97).

On November 5, 2009, Ms. Applewhite sought medication refills at Provident Hos[949]*949pital. (R. 410-12). She had no chest pain or shortness of breath. Her blood pressure was 140/97. Her lungs were clear to auscultation bilaterally. (R. 410). She was alert and oriented times 3. (R. 410, 412). Ms. Applewhite returned on February 25, 2010. (R. 405-06).

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Bluebook (online)
54 F. Supp. 3d 945, 2014 WL 3418487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/applewhite-v-colvin-ilnd-2014.