D'Agostino v. Bowen

648 F. Supp. 794, 1986 U.S. Dist. LEXIS 30922, 16 Soc. Serv. Rev. 455
CourtDistrict Court, N.D. Illinois
DecidedNovember 7, 1986
DocketNo. 86 C 1369
StatusPublished
Cited by2 cases

This text of 648 F. Supp. 794 (D'Agostino v. Bowen) 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
D'Agostino v. Bowen, 648 F. Supp. 794, 1986 U.S. Dist. LEXIS 30922, 16 Soc. Serv. Rev. 455 (N.D. Ill. 1986).

Opinion

[795]*795MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Victoria D’Agostino (“D’Agostino”) seeks judicial review of a final decision by Secretary of Health and Human Services Otis Bowen (“Secretary”) denying D’Agostino’s claim for disability insurance. D’Agostino initially applied for benefits under Social Security Act (“Act”) §§ 216(i) and 223, 42 U.S.C. §§ 416® and 423.1 When that application was denied D’Agostino elected to waive a hearing before an Administrative Law Judge (“AU”), choosing instead to have her claim decided on the evidence of record (Reg. § 404.948).2

On September 23, 1985 AU William J. Sheridan (“AU Sheridan” or simply the “AU”) reviewed the record evidence and denied D’Agostino’s application. D’Agostino then exhausted her administrative remedies in proper sequence by requesting review of the AU’s decision (along with additional medical evidence of her disability) by the Appeals Council. When that request was denied December 27, 1985, D’Agostino brought this action against Secretary under Section 405(g).

As invariably occurs in these actions, which come to this Court on the administrative review record and a decision by Secretary, the parties have filed cross-motions for summary judgment. Alternatively D’Agostino seeks remand to Secretary for a hearing. For the reasons stated in this memorandum opinion and order, D’Agostino’s application is remanded to Secretary for proceedings consistent with this opinion.

Facts

D’Agostino, who was 57 when AU Sheridan denied her benefits application (R. 15), has a high school education (R. 30). She worked as a bank teller from 1967 to 1973 (R. 40, 43) and as an assistant librarian from 1974 to 1981 (R. 40, 42). Most recently, from 1981 until March 23,1984, D’Agostino was a statistical clerk in the insurance business (R. 26, 40, 41), where her responsibilities included filing, mail distribution, typing and bookkeeping (R. 41). To perform those tasks D’Agostino had to walk three hours, stand one hour, sit four hours, bend frequently, reach occasionally and lift and carry heavy files (R. 41).

On January 29, 1984 D’Agostino was admitted to Central DuPage Hospital by her ophthalmologist, Dr. Cinefro, with the following complaints (R. 58):

Two days prior to admission, [she] noticed a curtain effect over the lower visual field of her right eye, with a rainbow effect around it. The following day, there was a muddy appearance to the whole visual field____

She was diagnosed by Drs. Gieser (her surgeon) and Marshall (a consulting physician) as having a retinal detachment of the right eye (R. 60, 61). Surgery (right schleral buckle and cryopexy) was performed January 30, 1984, successfully repairing the detached retina (R. 65). Three days later D’Agostino was released from the hospital (R. 57).

On March 5,1984 D’Agostino returned to her job as a statistical clerk and continued working until March 23 (R. 26), when she stopped because of eye strain, vision distortion and pain (id.). D’Agostino then applied for disability insurance, claiming those symptoms prevented her from working. Several expert opinions as to the nature of D’Agostino’s ailments appear in the record:

[796]*7961. Dr. Gieser’s March 11, 1985 report (R. 70)3 said he had not seen D’Agostino since March 1984, at which time her right eye was a “little blurry.”
2. On August 31, 1984 Dr. Cinefro examined D’Agostino (R. 77-78). He found best corrected vision of 20/25 in her right eye, with no abnormality or limitation in the field of vision. In addition he concluded no impairment was expected as to work-related activities (R. 77-78).4
3. On February 7,1985 Dr. Vygantas, another treating physician, examined D’Agostino and diagnosed (R. 76) status post retinal detachment repair, peripapillary hemorrhage, perifoveal epiretinal membrane, myopia and mild arteriosclerotic retinopathy in the right eye. With best correction, he found vision in the right eye to be 20/50 and D’Agostino’s prognosis “good.” Dr. Vygantas observed vision in the right eye was impaired due to a “macula wrinkle,” and he noted D’Agostino complained of headaches from eye strain. Dr. Vygantas advised D’Agostino not to do any heavy lifting (R. 76). Dr. Vygantas’ March 20 letter to an insurance claim investigator for CNA Insurance (R. 84-85) summarized the results of the February 7 exam in more detail:5
Further evidence was noted that there has been an anatomical alteration in the retina to substantiate her symptoms. Retinal pigment epitherlial alterations with an intraretinal cyst has been noted as well as further surface wrinkling. These changes will produce visual alterations of metamorphopsia, micropsia, distortion as well as loss of central acuity.
* * * * * * The surgery Mrs. D’Agostino had for the repair of retinal detachment has resulted in surgical implantation of silicone material on the wall of the schlera. This results in scar tissue formation and a tightness around the ocular tissue and muscles. Subsequent movement of the eye or change in body position can result in pain discomfort and a pressure sensation. Frequently these symptoms become negligable [sic], unfortunately, however in some patients they persist and seem to be continually aggravating.
Dr. Vygantas concluded (R. 84) D’Agostino should be restricted from activities that cause “ocular jarring” through:
sudden change in position, a jar, jolt, heavy lifting, running or anything else that produces a sustained rise in the pressure around the orbit and head.
In addition, while acknowledging he was not familiar with D’Agostino’s work environment, Dr. Vygantas observed the visual symptoms and eye discomfort would be aggravated by (R. 85):
any prolonged reading, scanning of detailed material as may be on a monitor or evaluating fine detailed print. Reading as maybe [sic] required in filing could also aggravate her symptoms.
In closing, Dr. Vygantas wrote (id.) he believed D’Agostino’s symptoms were “genuine and definitely aggravated by the use of her eye in her present working environment.”
4. At the request of another CNA Insurance agent, D’Agostino was examined by Dr. Finder September 21, 1985 (R. 86).6 During that exam D’Agostino [797]*797complained of visual blurring, distortion of the right vision and persistent discomfort (in the form of aching pain around the right orbit, sometimes accompanied by headache) that becomes moderate to severe when she reads for more than a few minutes or does any “detail” work (id). Dr. Finder found D’Agostino’s corrected vision to be 20/30 O.D. (right eye) and 20/20 O.S. (left eye) (id.). He diagnosed eye pain, most probably resulting from her eye surgery, and said (R. 87-88):
Before responding to your specific questions concerning the nature and extent of this lady’s disability, I emphasize that I am following your direct instruction to consider “primarily ...

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Related

D'Agostino v. Bowen
695 F. Supp. 930 (N.D. Illinois, 1988)
Martin v. Bowen
654 F. Supp. 163 (N.D. Indiana, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
648 F. Supp. 794, 1986 U.S. Dist. LEXIS 30922, 16 Soc. Serv. Rev. 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dagostino-v-bowen-ilnd-1986.