Fuchs v. Astrue

873 F. Supp. 2d 959, 2012 U.S. Dist. LEXIS 94021, 2012 WL 2711033
CourtDistrict Court, N.D. Illinois
DecidedJuly 6, 2012
DocketNo. 11 C 7137
StatusPublished
Cited by11 cases

This text of 873 F. Supp. 2d 959 (Fuchs 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
Fuchs v. Astrue, 873 F. Supp. 2d 959, 2012 U.S. Dist. LEXIS 94021, 2012 WL 2711033 (N.D. Ill. 2012).

Opinion

MEMORANDUM OPINION AND ORDER

JEFFREY COLE, United States Magistrate Judge.

The plaintiff, Michael Fuchs, seeks judicial review of the final decision of the Commissioner of Social Security (Commissioner), made on August 19, 2011, which found plaintiff was not disabled and thus was not entitled to Disability Insurance Benefits under Title II of the Social Security Act. See 42 U.S.C. §§ 405(g), 416(i), 423(d) (2009). Mr. Fuchs asks the court to reverse the decision without remand for a rehearing. Alternatively, Mr. Fuchs asks the court to reverse the final decision with a remand for a new hearing. The Commissioner requests the court to affirm the administrative law judge’s decision that plaintiff was not disabled and deny plaintiffs requested remedy.

I.

Procedural History

Plaintiff filed an application for disability benefits on December 15, 2009. (R. 152-158). Plaintiffs application was denied initially on February 6, 2009 (R. 73). The application was again denied upon reconsideration on May 13, 2009. (R.74).

At plaintiffs request, a hearing was held before an administrative law judge (ALJ) on April 13, 2010. (R.78). At the hearing, the plaintiff amended the alleged onset date of disability from March 17, 2005, to [963]*963December 28, 2008. (R.194). Thomas Dunleavy, a vocational expert, and Constance Fullilove, Ph.D., a medical expert, testified. (R. 134-136).

On August 25, 2010, the ALJ issued his decision, finding that plaintiff was not disabled. (R.78-94). On September 8, 2010, plaintiff requested a review of that decision. (R.145-146). The request was denied on August 19, 2011. (R.95). Plaintiff then initiated this civil action for judicial review of the Commissioner’s final decision.

II.

The Record Evidence

A.

The Vocational Evidence

Mr. Fuchs was born on February 14, 1958, making him fifty two years old at the time of the ALJ’s decision. (R. 202). He has a high school education. (R.8, 329). He last worked as a janitor for Sam’s Club from July 2007 until December 2008. (R.326). He was fired when he could not concentrate and get the job done correctly (R.9). Before that, Mr. Fuchs worked as a barber from March 1995 until June 2006. (R.326).

B.

The Medical Evidence

Mr. Fuchs was hospitalized at Silver Cross Hospital from March 16 to March 18, 2006, for a bipolar episode, manic, with psychosis. (R.356-360). He was noted to be paranoid and was hearing voices as well as having grandiose ideas. Id. Auditory hallucinations were described as the “devil talking to him.” Id. His GAF score was 20 at the time of admission and 40 upon discharge. Id.

From July 21 to July 27, 2007, Mr. Fuchs was hospitalized at Provena Saint Joseph Medical Center. (R.435-439). He was noted to be paranoid and delusional and was experiencing flight of ideas. Id. He was also noted to have stage 3 chronic kidney disease. (R.440).

Mr. Fuchs was again hospitalized at Provena Saint Joseph Medical Center from July 19 to July 21, 2008. (R.388-395). He was noted to have “alerted mental status changes” and was found to have increased lithium levels. Id. He reported hearing voices telling him to kill himself and hoping that his family dies. Id. His brother reported that claimant has been worsening with regards to psychosis, having persecutory and paranoid ideations. Id.

Dr. Boddapati has been the plaintiffs psychiatrist since 2002. (R.661). In a treatment note dated September 12, 2008, Mr. Fuchs admitted to auditory hallucinations, and is noted to have problems with social skills. (R.479). On October 27, 2008, Mr. Fuchs presented for psychiatric evaluation. He was diagnosed as having paranoid schizoaffective disorder and was assigned a GAF score of 45. (R.474-475). On June 24, 2009, plaintiff reported paranoia and difficulty sleeping. (R.650). Furthermore, on October 19, 2009, plaintiff reported auditory hallucinations and paranoia. (R.648). He is noted to be “unable to function.” Id.

In a report dated March 15, 2010, Dr. Boddapati opines that Mr. Fuchs is unable to function in a competitive work setting on a full-time basis. Dr. Boddapati also opines that Mr. Fuchs exhibits manic syndrome, manifested by hyperactivity, flight of ideas, decreased need for sleep, easy distractibility, and hallucinations, delusions, or paranoid thinking resulting in marked restrictions in activities of daily living, and extreme difficulties in maintaining a social functioning, maintaining concentration, persistence, and pace, as well [964]*964as repeated episodes of decompensation. (R.661-663).

Mr. Fuchs began seeing Terry Nolan for regular therapy sessions in September of 2008. (R.601-614). In their initial meeting on September 12, 2008, Mr. Nolan notes Mr. Fuchs to have auditory hallucinations and to believe his downstairs neighbor is running a “secret cell.” (R.614). On October 2, 2008, plaintiff reported to Mr. Nolan that he is hearing voices when he listens to music. (R.613). Plaintiff is also noted to have some paranoia. Id. On January 7, 2009, Mr. Nolan notes that plaintiff was fired from his maintenance job for being too slow. (R.608). On July 7, 2009, plaintiff reported auditory hallucinations. (R.601). On August 10, 2009, plaintiff is noted to be “agitated and fidgety,” (R.655). On October 18, 2009, Mr. Nolan notes that “the client speaks as if his problems with his neighbors and the voices he heard were real.” (R.654).

In a report dated March 3, 2010, Mr. Nolan opines that claimant’s illness markedly restricts daily activities, and markedly restricts socialization. Mr. Nolan also notes that fatigue and stress usually trigger the paranoid episodes. (R.659-660).

C.

The Administrative Hearing Testimony

1.

The Plaintiffs Testimony

Mr. Fuchs testified that he believes when he goes to the grocery store, “they turn up the intercom when I come in the building and warn everyone I’m there.” (R.31). When asked by the ALJ why he thinks he cannot work in a full-time capacity, he replied, “a lot of it’s concentration. I, I can’t remember where I’m at. I do things — over. I constantly have to drink out of the fountain. I’m using the bathroom at least six times. I’m wandering. I don’t get anything done.” (R.37).

2.

The Medical Expert’s Testimony

At the hearing, Dr. Fullilove was called upon to serve as an impartial medical expert. She testified that plaintiff has paranoid schizophrenia, bipolar disorder, and substance abuse. (R.53). She further testified that based on the record, plaintiff meets listing 12.03 for psychotic disorders. (R.54). In making this determination, she considered plaintiffs delusions and hallucinations, marked difficulties in maintaining social functioning, and marked difficulties in maintaining concentration, persistence, or pace. Id. Dr. Fullilove also found plaintiff to have moderate restrictions in activities of daily living, noting that the severe limitations of his functionality are not dependent upon his drug use. Id.

The ALJ questioned the medical expert about places in the record where the treating doctor’s assessment does not seem as severe as Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
873 F. Supp. 2d 959, 2012 U.S. Dist. LEXIS 94021, 2012 WL 2711033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuchs-v-astrue-ilnd-2012.