Cutler v. Kijakazi

CourtDistrict Court, N.D. Illinois
DecidedJuly 26, 2021
Docket1:17-cv-02949
StatusUnknown

This text of Cutler v. Kijakazi (Cutler v. Kijakazi) 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
Cutler v. Kijakazi, (N.D. Ill. 2021).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

LOLITA C., ) ) Plaintiff, ) ) No. 17-cv-02949 v. ) ) Judge Andrea R. Wood KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) Defendant. )

MEMORANDUM OPINION AND ORDER

This is a Social Security disability appeal from an adverse decision by an Administrative Law Judge (“ALJ”). See 42 U.S.C. § 405(g). Plaintiff Lolita C. suffers from impairments including rheumatoid arthritis, hyperthyroidism, and depressive disorder. She seeks review of the final decision of the Commissioner of Social Security (“Commissioner”) denying her application for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 416(i), 423, 1381–1383f.1 Plaintiff has filed a brief in support of reversing or remanding the Commissioner’s decision, and the Commissioner has responded. (Dkt. Nos. 15, 19.) Plaintiff contends that she is disabled because of the extreme pain caused by her rheumatoid arthritis and asks the Court to consider additional medical records as evidence. Because substantial evidence supports the denial of Plaintiff’s application and because Plaintiff has not identified new material evidence that might have changed the Commissioner’s decision, the Court affirms the Commissioner’s decision.

1 Kilolo Kijakazi has succeeded Andrew Saul as Acting Commissioner of the Social Security Administration and is therefore substituted as the named defendant. See Fed. R. Civ. P. 25(d). BACKGROUND In February 2013, Plaintiff filed two applications: one for disability insurance benefits (alleging an onset date of August 10, 2009) and one for supplemental security income (alleging an onset date of December 31, 2012). (Admin R. (“A.R.”) 191–92, 194–200.) In those initial

applications, Plaintiff listed several impairments that limited her ability to work, including hepatitis C, hyperthyroidism, rheumatoid arthritis, and depression. (Id. at 238.) She later amended her alleged onset date to April 21, 2014 because she worked as a part-time certified nursing assistant until April 20, 2014. (Id. at 39–40.) Plaintiff was insured under the Social Security Act through December 31, 2016. (Id. at 19.) The Social Security Administration initially denied Plaintiff’s application in August 2013 and denied the application again on reconsideration in March 2014. (Id. at 70–91, 94–123.) Plaintiff had a hearing before an ALJ on July 17, 2015. (Id. at 35–69.) In October 2015, the ALJ issued a written opinion concluding that Plaintiff was not disabled at the relevant time. (Id. at 17– 28.) Plaintiff’s request for review was denied by the Social Security Administration Appeals

Council in February 2017. (Id. at 1–6.) Having exhausted her administrative appeals, Plaintiff filed the present complaint. I. Plaintiff’s Testimony The following facts are drawn from Plaintiff’s testimony at the July 2015 administrative hearing. Plaintiff was 49 years old at the time of the hearing. (Id. at 40–41.) From May 2013 to April 2014, she worked as a certified nursing assistant at a nursing home. (Id. at 42.) At first, she worked full time, but she reduced her hours to part time—only eight to twenty-one hours per week—by February 2014. (Id. at 42–43.) Over time, she became slower and less able to lift certain residents, and needed help from other employees. (Id. at 43.) By April 2014, Plaintiff could not stand on her feet for long periods of time—after twenty or thirty minutes, her back and knees would hurt and she would become unable to climb stairs. (Id. at 44.) She described the pain as a “seven or eight” on a scale of one to ten. (Id. at 45.) At the time of the hearing, Plaintiff reported that she could only walk two to four blocks without issue. (Id.) She also reported

challenges with sitting—specifically, after thirty minutes sitting down, she would feel pinching or a spasm in her back, her hands might swell, and her elbows might go out. (Id. at 46.) Previously, Plaintiff also worked in medical billing, medical records, and data entry. (Id. at 59–60.) However, she testified that she could no longer perform that work because she could no longer type efficiently and because those jobs require employees to sit all day. (Id. at 61.) Plaintiff explained that she had good days when she could wash clothes, make her bed, type, and engage in other tasks, and bad days when she could barely get out of bed and needed help to get off of the toilet. (Id. at 53.) She attributed those problems to two diagnoses: first, rheumatoid arthritis, and second, depression. (Id. at 56.) As an example of her current impairments, Plaintiff explained that she had recently accompanied her cousin on a car trip from

Chicago to Atlanta, and then took a bus to return to Chicago. (Id. at 56–57.) During that trip, she said her cousin had to pull over often because of Plaintiff’s impairments, causing the trip to take around thirteen hours instead of the usual ten hours, and that the bus trip was “a mess” because she needed to stand and walk up and down the bus aisle during the trip. (Id.) II. Medical Evidence The administrative record includes 450 pages of medical records from numerous providers. (Id. at 401–851.) The key records include (1) treatment records and an impairment questionnaire from Dr. Serafin Chua, Plaintiff’s treating rheumatologist; (2) treatment records from Dr. Paula Butler, her treating endocrinologist; (3) treatment records and an impairment questionnaire from Mark Stolspart, a nurse practitioner; and (4) treatment records from Dr. Viktoria Erhardt, who treated Plaintiff for depression. In August 2013, Dr. Chua examined Plaintiff. He noted that “there are still days when [Plaintiff] is having a lot of joint pain” and assessed her as suffering from rheumatoid arthritis.

(Id. at 756.) He next examined her in October 2013, when Plaintiff reported that the joint pain in her hands had gotten much better, although she had been suffering discomfort in her left elbow and back for the preceding week. (Id. at 753.) Dr. Chua prescribed additional medications to address Plaintiff’s back spasms. (Id. at 754.) He next saw Plaintiff in April 2014, when Plaintiff reported additional joint pain and stiffness in her hands, back, and one of her knees. (Id. at 750.) He observed a slightly decreased range of motion in Plaintiff’s shoulder, minimal tenderness in her elbows and wrists, and crepitations (rattling or crackling sounds) in both knees. (Id. at 751.) He noted that Plaintiff had not followed up in six months and advised her to follow up more frequently. (Id.) Dr. Chua saw Plaintiff again in May 2014, when he observed that her joint pain and achiness had improved, although she still complained of intermittent, mild discomfort in one

of her knees, her back, and her hips. (Id. at 747.) He observed only minimal tenderness in Plaintiff’s wrists and noted that her condition had improved. (Id. at 748.) In July 2014, Dr. Chua completed a disability questionnaire in which he described Plaintiff’s prognosis as “excellent.” (Id. at 765.) He did not assess the extent of her pain, inflammation, and limitation of movement, instead referring to his notes (presumably, his treatment notes). (Id.) However, he ascribed no limitations to Plaintiff in grasping, turning, or twisting objects; in using fingers and hands for fine manipulation; and in using arms for reaching. (Id. at 766.) When asked to estimate Plaintiff’s ability to sit or stand during a workday, he responded only, “N/A.” (Id.

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Cutler v. Kijakazi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cutler-v-kijakazi-ilnd-2021.