Figved v. Colvin

103 F. Supp. 3d 954, 2015 U.S. Dist. LEXIS 59595, 2015 WL 2124942
CourtDistrict Court, N.D. Illinois
DecidedMay 7, 2015
DocketNo. 13 C 7839
StatusPublished
Cited by1 cases

This text of 103 F. Supp. 3d 954 (Figved v. Colvin) 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
Figved v. Colvin, 103 F. Supp. 3d 954, 2015 U.S. Dist. LEXIS 59595, 2015 WL 2124942 (N.D. Ill. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

Jeffrey Cole, United States Magistrate Judge

Scott Figved, seeks review of the final decision of the Commissioner (“Commissioner”) of the Social Security Administration (“Agency”) denying his application for Disability Insurance Benefits under Title II of the Social Security Act (“Act”). 42 U.S.C. §§ 423(d)(2). Mr. Figved asks the court to reverse and remand the Commissioner’s decision, while the Commissioner seeks an order affirming the decision.

I.

PROCEDURAL HISTORY

Mr. Figved applied for DIB on February 19, 2010, alleging that he has been disabled since April 24, 2009 — he later changed this to November 1, 2009 — due to back problems, obesity, epilepsy, and sleep apnea. (Administrative Record (“R”) 223-24, 262). His application was denied initially and upon reconsideration. (R. 63-66, 102-105). Mr. Figved then filed a timely [957]*957request for a hearing before an administrative law judge. (R. 110-117).

An ALJ convened a hearing on November 11, 2011 (R. 52-62), which was continued to June 11, 2012, to allow Mr. Figved to submit additional records. (R. 18-51). Mr. Figved testified and was represented by counsel. In addition, Laura Rosch testified as a medical expert, and Jill Radke testified as a vocational expert. On June 27, 2012, the ALJ issued an unfavorable decision, denying Mr. Figved’s application for DIB because he retained the capacity to perform sedentary work as long as he could stand for three minutes each hour, did not have to climb ropes or scaffolds or work around dangerous machinery, at unprotected heights, or in extreme temperatures. (R. 70-86). The ALJ’s decision became the Commissioner’s final decision on July 81, 2013, when the Appeals Council denied Mr. Figved’s request for review. (R. 5-10). See 20 C.F.R. §§ 404.955; 404.981. Mr. Figved appealed that decision by filing suit in this Court under 42 U.S.C. § 405(g), and both parties consented to jurisdiction here pursuant to 28 U.S.C. § 636(c).

II.

THE RECORD EVIDENCE

A.

The Vocational Evidence

Mr. Figved was born on July 7, 1977, making him thirty-four years old at the time of the ALJ’s decision. (R. 258). He is 6' 1" tall and, during the application process, his weight has ranged from 323 pounds to 377 pounds. (R. 26, 262). He went to community college for two years. (R. 25). His work experience, for the most part, has been in hospitals, as a housekeeper, a patient care technician, and an emergency medical technician. The work ranged from light to medium in terms of exertion. (R. 25, 85, 40-41, 281).

B.

The Medical Evidence

The record in this case is an all but unmanageable jumble of over 3000 pages, thrown together in no particular order. Judging from Mr. Figved’s brief, however, nearly all of it is irrelevant — Mr. Figved cites just a few pieces of evidence to support his claim for DIB, and he accepts the ALJ’s statement of the evidence. [Dkt. # 14, at 2]. Accordingly, the relevant medical evidence will be discussed in connection with addressing Mr. Figved’s arguments. Suffice it to say that the great weight of medical opinion in this case indicates that Mr. Figved is capable of at least a limited range of sedentary work. (R. 39-40, 415, 619, 618, 825, 952-957, 987, 1072,1308).

C.

The Administrative Hearing Testimony

1.

The Plaintiffs Testimony

Mr. Figved testified that he left his last job doing general housekeeping at a hospital because of dizziness and low back pain and just generally being unable to perform his duties. (R. 26). He couldn’t lift, nor could he stand for long periods of time. (R. 27). Mr. Figved testified that, while he weighed 377 pounds, he ate only very healthy foods. (R. 27). He explained that obesity ran in his family. (R. 28).

Mr. Figved said he could walk no more than two blocks before he had to sit down due to pain in his back. (R. 29). He had sleep apnea and used a CPAP at night. (R. 29). He also had a pressure adjustable bed. (R. 31). Mr. Figved testified that he took Zonegran and Keppra for his seizures; also Clonazepam and Felbatol. (R. 32). The last seizure he had was two or three months earlier. (R. 33). Over the [958]*958previous year, he had not had a seizure that required hospital treatment. (R.. 33). He had no side effects from his medication, which he and he tolerated well. (R. 35). The CPAP machine was also working well. (R.36).

Mr. Figved said that on a typical day, he would get up, shower, and prepare a breakfast of cold cereal or a microwave sandwich and fruit. (R. 46). He said he spent most of the day lying in bed, because if he sits up too long, he has too much pain. (R. 46). He occasionally goes out to do errands, but not too much. (R. 46). He was collecting disability from his job until four months before the hearing. (R. 47). Mr. Figved admitted that his doctors told him he could lift up to 25 pounds. (R. 47). He was able to drive 2-3 times a week, either to his parents’ house or to the train station. (R. 47). He used public transportation quite a bit. (R. 50).

2.

The Medical Expert’s Testimony

Dr. Rosch then testified as a medical expert. She summarized her review of the medical record at length. (R. 37-39). Dr. Rosch felt that Mr. Figved’s condition did not meet a listed impairment, specifically the listing for epilepsy or for disorders of the spine. (R. 39, 45). She thought that Mr. Figved could occasionally lift 20 pounds and frequently lift 10. He could only stand or walk for two hours of a workday, but he could sit for 6 hours if he could stand and stretch for 3 minutes out of every hour. He should not have to use ladders, ropes, or scaffolding. He could not work at unprotected heights, operate heavy vehicles, or work in extreme temperatures. (R. 40).

3.

The Vocational Expert’s Testimony

Next, the vocational expert, Jill Radke, testified. She explained that Mr. Figved’s past work ranged from light to medium in terms of exertional levels and was skilled or semi-skilled. (R. 42). The ALJ asked Ms. Radke whether an individual who could perform sedentary-work that allowed for standing for three minutes out of every hour, and that did not require climbing ladders, ropes, or scaffolding, or working at unprotected heights, with dangerous machinery, or in extreme temperatures could perform any unskilled jobs in the national economy. (R. 42). Ms. Radke testified that such and individual could be an order taker (7370 positions in the state of Illinois), office clerk (3900 positions), or receptionist (3900 positions). (R. 42-43).

D.

The ALJ’s Decision

The ALJ found that Mr. Figved suffered from the following severe impairments: “morbid obesity, seizure disorder, sleep apnea, degenerative disc disease, and su-bacute compression fracture.” (R. 72). He further found that Mr. Figved did not have an impairment or combination of impairments that met or equaled a listed impairment. (R. 73-74).

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Bluebook (online)
103 F. Supp. 3d 954, 2015 U.S. Dist. LEXIS 59595, 2015 WL 2124942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/figved-v-colvin-ilnd-2015.