Connour v. Massanari

173 F. Supp. 2d 785, 2001 U.S. Dist. LEXIS 22610, 77 Soc. Serv. Rev. 273
CourtDistrict Court, N.D. Illinois
DecidedNovember 9, 2001
Docket01 C 701
StatusPublished
Cited by1 cases

This text of 173 F. Supp. 2d 785 (Connour v. Massanari) 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
Connour v. Massanari, 173 F. Supp. 2d 785, 2001 U.S. Dist. LEXIS 22610, 77 Soc. Serv. Rev. 273 (N.D. Ill. 2001).

Opinion

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

Plaintiff Howard Connour seeks judicial review of the final decision of the Commissioner of Social Security (“Commissioner”) denying his application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 416, 423. Connour claims that the Administrative Law Judge’s (“ALJ”) decision to deny him benefits should be reversed and set aside because it was not supported by substantial evidence. Because we find that the ALJ reasonably concluded that Connour could perform a significant number of jobs in the national economy and was, therefore, not disabled within the meaning of the Social Security Act, we affirm the ALJ’s decision and deny Connour’s motion for summary judgment. (R. 9-1.)

RELEVANT FACTS

Connour was fifty-two years old at the time of the ALJ’s decision and had a General Equivalency Degree (GED). Connour last worked in October 1997 as a construction laborer, and prior to that he worked as a roofer.

I. Connour’s Hearing Testimony

On March 15, 2000, Connour testified at a Social Security Administration Hearing (“SSA Hearing”) in Urbana, Illinois before ALJ Barbara J. Welsch. At the hearing, Connour testified that he was unable to work because of neck pain and back pain in three different areas: (1) his middle back where he had a fractured vertebrae; (2) his lower back; and (3) the right sciatic nerve that goes down into his leg. Conn-our testified that although he underwent an angioplasty in 1997 to clear the arteries in his legs, he has never had surgery on his back. Connour further testified that he has undergone therapy for his back, with the most recent session in 1999. He stated that the medications for his back and neck pain include Vicodin, which makes him drowsy, and Darvon, which he *789 takes when he is going to be driving. Connour said that he drives a couple of days a week out of necessity. Connour further testified that he still has breathing problems and gets winded with any kind of physical exertion, but that he is not taking any medication for these problems because no doctor has ever prescribed anything. He said that he smokes two packs of cigarettes a day and that his doctor has told him to stop smoking.

Connour stated that on a typical day he wakes up at 7:00 a.m., has coffee, takes a shower, eats breakfast and talks with his wife before she goes to work. During the day, he watches television or reads. Occasionally, he visits with family or friends. His grandchildren visit with him approximately twice a week, but Connour stated that he does not babysit them. When his wife is at work, he fixes a sandwich or a can of soup for lunch, but he does no other housework. Connour said that he traveled to the local supermarket the week before the SSA Hearing to buy a book and a loaf of bread. He testified that he does not engage in outdoor activities. He owns a computer, but he rarely uses it because it bothers his back. Most recently, Connour used it to send an email to his sister approximately one month before the SSA Hearing.

The ALJ asked Connour why he left his roofing job, and he replied that he wanted to work outside of the Laborer’s Union and to earn more money. Connour further testified that when he worked as a roofer, he was never a supervisor. When the ALJ inquired as to whether Connour had applied for any jobs since he stopped working as a construction laborer in 1997, he indicated that he had applied for approximately 200 different types of positions including factory, maintenance and fast food positions, but that he had not been offered any of the jobs. He stated that he informs potential employers of his back, cardiac and pulmonary problems.

When asked by .his attorney to name the medications he is taking other than Vico-din and Darvon, Connour replied that Dr. Lee-Sigler also has him taking Paxil, and that his regular doctor, Dr. Bitts, prescribed Trental, Norvast and Lipitor, all of which he takes daily with an aspirin. Regarding his most recent work experience as a construction laborer, Connour stated that he typically worked ten to twelve hours a day, all except thirty minutes of which he spent on his feet. He stated that he frequently had to lift ten to ninety pounds, depending on the job he was doing. Finally, when questioned by his attorney as to why he no longer fishes or engages in house or yard work, Connour indicated that he has not done any of those things since 1997 because they cause him too much back pain.

II. Vocational Expert Nancy Wright’s Testimony

The ALJ asked Vocational Expert Nancy Wright a series of questions regarding Connour’s vocational profile and residual functional capacity (“RFC”). First, the ALJ posed a hypothetical question to Wright involving an individual of Conn-our’s age, education and work experience. This individual was limited to exceptions including no jobs that required climbing or unprotected heights, repetitive bending or stooping, crawling, crouching, kneeling or over the shoulder work. The ALJ then asked Wright to explain how these restrictions would affect the individual’s performance of his past relevant work. Wright replied that his ability to perform such work would be eliminated. (R. 4, Admin. R. at 50, SSA Hr’g Tr.)

When asked by the ALJ whether the individual in the hypothetical had any skills that could transfer to other jobs, *790 Wright replied that there were such jobs. {Id. at 50-51.) In the area of semi-skilled positions in the state of Illinois, Wright listed ride operator (3,565 jobs), production clerk (11,545 ) and car inspector (5,440). In the area of unskilled, light-level positions, Wright listed counter attendant (62,890), airline service representative (38,457), messenger (7,298), deli counter (10,485), cashier (126,860) and packer (18,704). Wright testified that none of the listed positions would require foot or leg controls or working in extreme cold or heat.

On cross-examination, Connour’s attorney asked Wright whether Connour’s previous positions as a construction laborer and roofer were considered semi-skilled or unskilled. Wright stated that she classified Connour’s position as a construction laborer as unskilled and his roofer position as skilled. {Id. at 52-53.)

III. Medical Evidence

Connour was seen by various physicians and health care professionals at the Carle Clinic in Urbana, Illinois beginning in October 1997, when he alleged the onset of pain in his neck, middle back and lower back radiating into his right leg. On October 27, 1997, Dr. Noonan, an orthopedic physician, reported that Connour indicated that he had a two-month history of dorsal back pain due to a fall at work. The neurological exam of Connour’s upper and lower extremities was normal, he had good neck movement and his straight leg raising was negative. Dr. Noonan diagnosed su-bacute dorsal back sprain and indicated that while he did not think surgery was necessary, he recommended a rehabilitation program before returning to work to prevent chronic pain syndrome. Dr. Noo-nan referred Connour to Dr. Lee-Sigler, a specialist in physical medicine and rehabilitation.

Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wilburn v. Saul
N.D. Illinois, 2023

Cite This Page — Counsel Stack

Bluebook (online)
173 F. Supp. 2d 785, 2001 U.S. Dist. LEXIS 22610, 77 Soc. Serv. Rev. 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connour-v-massanari-ilnd-2001.