Carnaghi v. Astrue

886 F. Supp. 2d 861, 2012 WL 3292834, 2012 U.S. Dist. LEXIS 113070
CourtDistrict Court, N.D. Illinois
DecidedAugust 6, 2012
DocketCase No. 11 C 2718
StatusPublished
Cited by2 cases

This text of 886 F. Supp. 2d 861 (Carnaghi v. Astrue) 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
Carnaghi v. Astrue, 886 F. Supp. 2d 861, 2012 WL 3292834, 2012 U.S. Dist. LEXIS 113070 (N.D. Ill. 2012).

Opinion

MEMORANDUM OPINION AND ORDER

ARLANDER KEYS, United States Magistrate Judge.

On September 13, 2007, plaintiff Sheri A. Carnaghi filed a Title II application for a period of disability and disability insurance benefits (“DIB”), asserting that she had become disabled as of July 19, 2007 because of chronic pulmonary insufficiency and chronic heart failure. Record at 34. Her request was denied on November 30, 2007, and upon reconsideration on March 19, 2008.

On April 4, 2008, she requested a hearing before an administrative law judge. ALJ Patrick Nagle held the requested hearing in Orland Park, Illinois on December 16, 2009. Ms. Carnaghi appeared, represented by counsel, and testified; the ALJ also heard testimony from Ms. Carnaghi’s husband and a Vocational Expert. Ms. Carnaghi, who was 46 years of age at the time of the hearing, testified that she was 5'4", weighed about 330 pounds, and had been employed as a school bus driver for the previous nine years. Record at 35. She testified that she lives with her husband and her 19 — year old mentally — challenged daughter in a ranch house. Record at 42. With regard to her daily life, Ms. Carnaghi testified that she typically starts her day by helping her daughter get ready for school and by walking her to the bus stop; she then goes back to sleep for “another hour or so.” Id. Ms. Carnaghi testified that, after her nap, she cleans the house and then reads and browses the internet. She testified that she does several household chores, including folding and putting away the laundry, making the bed, and doing the dishes. Record at 50, 59. She also testified that she can drive within a certain closed area. Record at 59.

Ms. Carnaghi testified that, because she has a history of agoraphobia, which she received treatment for several years ago, she tries to force herself to leave the house at least once everyday. Record at 44. Previously, Ms. Carnaghi did visit a therapist several times, but did not find the sessions helpful. Record at 57. Currently, Ms. Carnaghi is not receiving treatment from a health professional for any mental health issue. Furthermore, she has never been hospitalized for any mental health impairment.

Ms. Carnaghi testified that she cannot walk long distances because she runs out of breath “pretty quick” and her legs and [864]*864feet swell. Record at 46. This swelling, according to Ms. Carnaghi, causes pain. Record at 49. In addition, she testified that if she sits too long, her feet swell and she was advised by her doctor to elevate her legs two or three hours a day. Record at 47.

With regard to her impairments, Ms. Carnaghi testified that she was diagnosed with congestive heart failure, carbon monoxide poisoning, COPD, and sleep apnea during her visit to the emergency room on July 19, 2007. When Ms. Carnaghi was discharged, she was advised to quit smoking, to follow a low-sodium diet, and to control her liquid intake. Record at 86. Furthermore, she was instructed to carry an oxygen tank at all times. Record at 41. To address the sleep apnea, Ms. Carnaghi testified that she wears a BiPAP, which aids in her sleep. Record at 40. However, she testified that she does not wake up refreshed, but instead wakes up with a “hangover feeling.” Record at 51. She testified that she has smoked for more than 15 years; she testified that she has been encouraged by her doctors to quit, but her prior attempts have been unsuccessful. However, Ms. Carnaghi testified that she had not smoked in the past two months. Record at 39. She testified that, if she could maintain a cigarette-free life for four additional months, she planned to undergo a gastric bypass surgery to address her “morbid obesity.” Record at 54.

Ms. Carnaghi also testified that her back pain, which is a result of her obesity, is another factor that affects her ability to work. Record at 41. Ms. Carnaghi testified that she cannot lift anything over 20 pounds. Record at 54. She also stated that her weight interferes with her ability to pick things off the ground since her “belly [is] in the way.” Record at 55.

Ms. Carnaghi’s husband testified next. He testified that his wife does not sleep well at night — that she is “up and down” all night and that, as a result, she is “beat” during the day. Record at 58-59. He testified that he does everything at home and that she pretty much does nothing. Record at 58-60.

Next, the ALJ heard testimony from Richard Fisher, a Vocational Expert who had reviewed Ms. Carnaghi’s work record. VE Fisher testified that he had reviewed the exhibits in Ms. Carnaghi’s file, that he had familiarized himself with Ms. Carnaghi’s vocational background, and that he had listened to the testimony at the hearing. Record at 61. He characterized Ms. Carnaghi’s past work as a bus driver, as “semi-skilled, SVP-3, medium work by DOT standards.” Record at 61. The ALJ then asked the VE whether there are jobs in the economy that a hypothetical individual with Ms. Carnaghi’s age, education, and work history would be able to perform if she were limited to “sedentary work.” Record at 62. The ALJ described sedentary work as work limited to lifting up to 10 pounds at a time, standing or walking up to two hours during the course of an eight hour workday, and sitting for six hours during the course of the same day. In addition, the hypothetical individual would be limited in that they would have to avoid concentrated exposure to temperature extremes, wetness, humidity, environmental irritants, including odors, dust and some gases. Record at 63. Finally, the hypothetical individual would need to avoid any work around ladders, ropes, or scaffolds, and could only occasionally climb stairs or ramps, balance, stop, kneel, crouch, or crawl. Record at 66. The ALJ then asked the VE whether, assuming Ms. Carnaghi’s vocational profile relative to age, education, and work history, there would be other jobs that such hypothetical person could do, and Mr. Fisher testified that there were, although he did concede that she could not perform her past work. More specifically, Mr. Fisher testified that, [865]*865in the state of Illinois she could work as a para mutual ticket checker (3,057 jobs available), telephone clerk (3,902 jobs available), general office clerk: document preparer microfilm cutter, paster, press clippings (4,971 jobs available), surveillance system monitor (801 jobs available), and tube operator (581 jobs available). Record at 62-63. The VE confirmed that these jobs would be available to individuals who were limited to no exposure to temperature extremes, wetness, humidity and environmental irritants. He testified, however, that, if Ms. Carnaghi had to keep her legs elevated for one to two hours during the course of the workday or if she needed to take an hour nap during the day, all work would be precluded.

On questioning from Ms. Carnaghi’s attorney, the VE testified that the job numbers he provided were “strictly proportionate” to the population. Record at 64. Next, Counsel asked about the tolerance level of these jobs in terms of being “off-task.” Id. VE Fisher responded that the tolerance level will vary from employer to employer, but that, in general, at the unskilled work level, it is a “relatively structured day and therefore an additional 15-minute break would be unacceptable.” Record at 65. Counsel then asked the VE to clarify further the meaning of “off-task.” The VE stated that the jobs he cited require an employee to generally remain at a workstation and any walking would be limited, adding that, “off-task” means “when the employee is away from the workstation.” Id.

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Cite This Page — Counsel Stack

Bluebook (online)
886 F. Supp. 2d 861, 2012 WL 3292834, 2012 U.S. Dist. LEXIS 113070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carnaghi-v-astrue-ilnd-2012.