Blackwell v. Barnhart

258 F. Supp. 2d 851, 2003 U.S. Dist. LEXIS 6977, 2003 WL 1964059
CourtDistrict Court, N.D. Illinois
DecidedApril 23, 2003
Docket02 C 1872
StatusPublished
Cited by2 cases

This text of 258 F. Supp. 2d 851 (Blackwell v. Barnhart) 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
Blackwell v. Barnhart, 258 F. Supp. 2d 851, 2003 U.S. Dist. LEXIS 6977, 2003 WL 1964059 (N.D. Ill. 2003).

Opinion

MEMORANDUM OPINION AND ORDER

DENLOW, United States Magistrate Judge.

I. INTRODUCTION

Plaintiff Brenda Blackwell (“Claimant” or “Plaintiff”) seeks judicial review of the final decision of the Commissioner of Social Security (“Commissioner”), Jo Anne B. Barnhart, denying her application for Supplemental Security Income (“SSI”) under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et. seq. This case comes to the Court on cross motions for summary judgment. Plaintiff raises the following issues: 1) whether the ALJ erred in crediting one psychiatric expert over another, 2) having found that Claimant often had deficiencies in concentration, persistence, and pace, whether the hypothetical posed to the vocational expert properly accounted for those limitations, and 3) whether the ALJ erred in finding that the Claimant did not meet the requirements of Commissioner’s Listing 12.05C. For the reasons stated below, the Claimant’s motion for summary judgment is granted and the Commissioner’s motion for summary judgment is denied.

II. BACKGROUND

A. PROCEDURAL HISTORY

Plaintiff filed her application for SSI in July 1998, R. 31, claiming that she was unable to work after May 1, 1996 due to back problems, pancreatitis, and high blood pressure. R. 33. Plaintiffs application was denied on August 7, 1998, R. 33, and she filed a timely request for reconsideration August 17, 1998, R. 37, which was also denied. R. 38. Plaintiff requested an administrative hearing on September 23, 1998. R. 41.

A hearing was held by ALJ Robert C. Asbille on September 15, 1999, R. 297, and a supplemental hearing was held on November 17, 1999. R. 323. Claimant appeared and was represented by counsel at the hearing. R. 297. Claimant and a vocational expert, Frank R. Mendriek, (“VE” or “Mendriek”) testified at the hearing. R. 303, 317. Claimant was not present at the supplemental hearing because she had obtained a part-time job and was working, but she was represented by counsel. R. 325. Dr. William Fischer, Ph.D., the medical expert (“ME”), and Grace Gianforte, another vocational expert (“VE”) testified *854 at the supplemental hearing. R. 323, 332, 343.

The ALJ issued a decision on April 25, 2000 finding that Claimant was not disabled. R. 17-30. Claimant timely requested a review of the ALJ’s decision by the Appeals Council, R. 12, which was denied on January 10, 2002. R. 6. Thus, the ALJ’s decision is the final decision of the Commissioner. Plaintiff filed a timely complaint with this Court on March 13, 2002, and jurisdiction is proper pursuant to 42 U.S.C. §§ 415(g) and 1383(c)(3).

B. HEARING TESTIMONY

1. Claimant’s Hearing Testimony

Plaintiff was forty years old at the time of her administrative hearing. R. 303. She is a single woman with three children ages twenty-five, twenty, and sixteen. R. 304. At the time of the hearing she received public aid enabling her to pay the monthly rent on a house. Id. Claimant completed school through the tenth grade. R. 304-05. She had a temporary full-time job as a book filler and had been working at this job for two or three weeks at the time of the first hearing. R. 305.

Claimant stated that she can not presently work because of the pain she suffers and that she is often in and out of the hospital due to her pancreatitis. R. 308. She experiences lower back pain and sometimes has trouble eating. R. 309. She takes medication for the pancreatitis with no side effects. Id. After walking about a block or two Claimant experiences back pain. Id. The back pain is most likely related to the pancreatitis. R. 310. Claimant described the pain as throbbing sometimes, but sharp at other times; when her pancreatitis flares up the back pain increases. R. 315-16.

Claimant had a drinking problem in the past, but she quit in June of 1998, R. 310, because she “got tired of being hurting and being in pain and throwing up and losing weight and looking sick all the time.” R. 311. While she was drinking, she reached a low weight of eighty-five pounds. Id. Since then her weight has increased to approximately 135 pounds. Id. Claimant has had many flare ups of her pancreatitis since she stopped drinking. R. 316.

In addition to being able to walk approximately two blocks, Claimant can stand for about twenty to thirty minutes at a time before she feels dizzy. R. 313. If she sits down to rest, she can not stand up again right away. R. 313. Claimant’s problems sitting do not bother her as much as in the past. R. 316. Bending over to pick something up from the floor causes Claimant some pain, but she can lift a gallon of milk or pick up a chair and move it across a room with no problem. R. 313-14.

On a typical day, the Claimant cooks, cleans, watches TV or reads a little bit, but does not have any friends or acquaintances. R. 310. She sometimes washes her clothing, but her boyfriend also does this for her. R. 309. She also shops for her own groceries. Id.

Claimant sees a psychiatrist, Dr. Er-hardt, for depression two to three times per month. R. 312, 315. She sometimes feels sad and has problems with her memory and concentration. R. 312. She “feel[s] hopeless” two to three times per week. R. 314. Dr. Erhardt prescribed Serzone, which helps her a little bit. Id.

Claimant’s full-time temporary job filling books required that she stand while stamping books and placing them in certain boxes lifting no more than ten pounds. R. 305. Prior to this job, Claimant volunteered as a teacher’s assistant in a program administered by public aid from February to June 1998. R. 306-07. In this position she corrected papers for students but stopped because the school year ended and she became sick. Id. In addition, she *855 worked replacing valves on spray cans for approximately nine months to a year in the eighties (she could not remember the exact year). R. 308. The job was a full-time position requiring Claimant to stand and lift approximately twenty pounds. Id.

She had been hospitalized approximately four times related to her pancreatitis-two or three times in 1998. R. 311-12. The last time was on June 21 — 24, 1999. Id.

2. Vocational Expert Testimony

a. Frank Mendrick’s Testimony

Vocational expert (“VE”), Frank Men-driek, testified at the first hearing in September 1999. R. 317. Claimant’s jobs as a machine feeder (replacing valves) and her temporary job as a book packer are both light unskilled work. R. 318. The teacher’s aide position is unskilled sedentary work. Id.

The VE was then asked to make an assessment of the Claimant’s functional capacity based on hypothetical facts given by the ALJ.

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Related

Whitney v. Astrue
889 F. Supp. 2d 1086 (N.D. Illinois, 2012)
Ynocencio v. Barnhart
300 F. Supp. 2d 646 (N.D. Illinois, 2004)

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Bluebook (online)
258 F. Supp. 2d 851, 2003 U.S. Dist. LEXIS 6977, 2003 WL 1964059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackwell-v-barnhart-ilnd-2003.