Chrisman v. Astrue

487 F. Supp. 2d 992, 2007 U.S. Dist. LEXIS 34832, 2007 WL 1409063
CourtDistrict Court, N.D. Illinois
DecidedMay 9, 2007
Docket06 C 5952
StatusPublished
Cited by1 cases

This text of 487 F. Supp. 2d 992 (Chrisman 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
Chrisman v. Astrue, 487 F. Supp. 2d 992, 2007 U.S. Dist. LEXIS 34832, 2007 WL 1409063 (N.D. Ill. 2007).

Opinion

MEMORANDUM OPINION AND ORDER

MORTON DENLOW, United States Magistrate Judge.

This case comes before the Court on Plaintiffs motion to reverse the final decision of the Commissioner of Social Security, and on Defendant’s cross-motion for summary judgment. Plaintiff, Patrick Chrisman (“Claimant”), challenges the decision of Defendant, Michael J. Astrue, Commissioner of Social Security (“Commissioner”), 1 claiming that his denial of Claimant’s request for Social Security Disability Insurance Benefits (“DIB”) should *994 be reversed or remanded because the Administrative Law Judge (“ALJ”): (1) ignored credible testimony from the Claimant regarding his limitations; (2) ignored credible testimony from the Vocational Expert (“VE”); and (3) wrongly concluded that the evidence supports a residual functional capacity (“RFC”) for light work with specific limitations, as opposed to sedentary work. For the reasons stated below, the Court denies Claimant’s motion, grants the Commissioner’s motion, and affirms the ALJ’s decision.

I. BACKGROUND FACTS

A. PROCEDURAL HISTORY

Claimant filed an application for DIB on September 1, 2004, alleging that he became disabled on June 4, 2004. R. 51-61. He later amended his alleged onset date to December 11, 2004, the date on which he turned fifty years old. R. 50. Claimant’s application for DIB was denied initially and upon reconsideration. R. 21-25, 29-32. After Claimant requested a hearing before an ALJ, R. 33, his application was assigned to ALJ Robert M. Senander, R. 43-49. The ALJ held a hearing on Claimant’s application on February 28, 2006, during which Claimant and VE James Breen testified. R. 224-49. Claimant was represented by counsel at the hearing. R. 224.

On March 31, 2006, the ALJ issued his decision, and determined that Claimant was not disabled. R. 8-14. On September 1. 2006, the Appeals Council denied Claimant’s request for review of the ALJ’s decision. R. 4-6.

Claimant now seeks judicial review of the Commissioner’s decision pursuant to 42 U.S.C. § 405(g). The parties have consented to this Court’s jurisdiction to decide this case pursuant to 28 U.S.C. § 636(c)(1). The Court conducted an oral argument on April 30, 2006. Claimant’s alleged impairments are: disability secondary to history of lung cancer, paroxysmal 2 supraventri-cular tachycardia, 3 and arthritis 4 of the knees.

B. HEARING TESTIMONY — February 28, 2006

1. Claimant’s Testimony

Claimant was fifty-one years old at the time of the hearing. R. 227. He lives with his wife in Lombard, Illinois. Id. Claimant is a high school graduate. R. 228. From 1978 through June 4, 2004, Claimant worked as a pipe fitter. R. 230. He was laid off on June 4, 2004, and has not worked since. R. 229. His typical day consists of reading, watching television, and doing light housework. R. 240.

At the hearing, Claimant’s attorney took the position that Claimant was limited to sedentary work because of his breathing problems. R. 231. At the oral argument before this Court, Claimant’s counsel acknowledged that Claimant’s pulmonary tests support an ability to perform light work. Claimant testified that he began treatment for lung cancer in 2001. R. 230. Though his treatment was successful and the cancer has not returned, Claimant explained how it has affected his ability to breathe. R. 231. Claimant testified that it is a “common daily occurrence” for him *995 to be “out of breath” after exertion. R. 232. He experiences shortness of breath after routine activities such as pushing his garbage container to the curb, and going up and down flights of stairs. R. 231-32. Though Claimant is able to walk up the twelve stairs in his house by using the railing, he gets “winded” if he does it in a hurry. R. 232.

Claimant is able to do light chores such as dusting and sweeping, but he cannot mow his lawn or shovel snow. R. 235. Furthermore, while Claimant is able to walk to the grocery store with his wife, he can only walk two blocks before he must stop for a minute or two to catch his breath. R. 236.

Claimant returned to work as a pipe fitter in 2002 following his treatment for cancer, but testified that there were a number of things he was unable to do because of his limitations. R. 242^13. He was unable to carry certain objects because of their weight, and he needed to sit and catch his breath after going up any staircases. R. 243. In addition, Claimant testified that his limitations only got worse as he continued working. Id. Though he never missed a day of work, he was exhausted at the end of each day, and would nap for several hours when he got home. Id.

In addition to his complications from cancer, Claimant also has a history of knee and shoulder problems. He underwent operations on his left knee in 1990 and 1991, and had his right knee operated on in 2005 to repair torn ligaments. R. 240-41. According to Claimant, his orthopedic doctor told him to be careful using stairs and to avoid twisting motions because of his knees. R. 241. Claimant testified that he experiences knee pain and discomfort on a daily basis. Id. He testified as follows regarding his ability to stand:

Q: Now you have any problems just standing in one spot?
A: I can stand for probably a half hour without having too much discomfort.
Q: And then you’ve got to sit?
A: Preferably.

R. 239. Claimant has also had surgery on both his right and left shoulders. R. 239, 242. He testified that he still has pain in his shoulders, and that he lacks full range of motion in both arms. R. 242. Claimant treats his joint pain by taking 800 milligrams of ibuprofen. R. 244. He testified that he also takes the ibuprofen when he knows he will be sitting for a long period of time. Id.

Finally, Claimant testified about his treatment for supraventricular tachycardia. R. 232-34. According to Claimant, this condition was unrelated to his lung cancer, but caused his heart to beat rapidly without warning and left him short of breath. R. 233-34. He suffered three occurrences in 2005, and several in previous years. R. 233. Claimant testified that he went to the emergency room for each occurrence. R. 233-34. In December 2005, Claimant underwent radiofrequency catheter ablation 5 to fix the condition rather than continue to take medication. Id.

In addition to his physical limitations, Claimant also testified that he suffers from depression and anger management issues. R. 244.

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487 F. Supp. 2d 992, 2007 U.S. Dist. LEXIS 34832, 2007 WL 1409063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chrisman-v-astrue-ilnd-2007.