Ganzer v. Saul

CourtDistrict Court, N.D. Illinois
DecidedApril 25, 2023
Docket1:20-cv-03730
StatusUnknown

This text of Ganzer v. Saul (Ganzer v. Saul) 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
Ganzer v. Saul, (N.D. Ill. 2023).

Opinion

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

NICKIE G., 1 ) ) Plaintiff, ) ) No. 20 C 3730 v. ) ) Magistrate Judge Gabriel A. Fuentes KILOLO KIJAKAZI, Acting ) Commissioner of Social Security,2 ) ) Defendant. )

MEMORANDUM OPINION AND ORDER3

Plaintiff Nickie G. filed for disability benefits in November 2016, at age 51. Plaintiff alleges she became disabled in November 2016, due to mental impairments, obesity, and osteoarthritis.4 (R. 243). Before the Court is Plaintiff’s motion seeking remand of the Administrative Law Judge’s (“ALJ”) opinion denying her application for disability benefits.5 I. Administrative Record From March 2016 through June 13, 2017, Plaintiff visited Elton W. Dixon, M.D., of Suburban PainCare Center once a month to treat her pain from bilateral knee osteoarthritis. He

1 The Court in this opinion is referring to Plaintiff by her first name and first initial of her last name in compliance with Internal Operating Procedure No. 22 of this Court.

2 The Court substitutes Kilolo Kijakazi for her predecessor, Andrew Saul, as the proper defendant in this action pursuant to Federal Rule of Civil Procedure 25(d) (a public officer’s successor is automatically substituted as a party).

3 On August 3, 2020, by consent of the parties and pursuant to 28 U.S.C. § 636(c) and Local Rule 73.1, this case was reassigned to this Court for all proceedings, including entry of final judgment. (D.E. 11.)

4 Plaintiff also alleged disability based on hypertension and hepatitis C, but she does not take issue with the ALJ’s determination that these impairments were not severe (R. 15), and the Court does not address those impairments in this opinion.

5 The Appeals Council (“AC”) subsequently denied review of the opinion (R. 1), making the ALJ’s decision the final decision of the Commissioner. Butler v. Kijakazi, 4 F.4th 498, 500 (7th Cir. 2021). prescribed the opioid analgesics Norco during the day and MS Contin at night. (R. 457-69, 518, 522.) Dr. Dixon’s notes indicated that Plaintiff ambulated with a cane, had decreased range of motion (“ROM”) in her right knee (with no further details of ROM), and occasional pain with movement, but no weakness. (Id.) Plaintiff was obese; she was 5 feet 8 inches tall and ranged from 287 to 336 pounds. (See R. 45, 418-19.)

Plaintiff received mental health treatment from Yvette Johnson, APN, who prescribed Xanax (for anxiety), Lamcital (can be used to treat bipolar disorder), and antidepressants (at various times, olanzapine, Lexapro, sertraline and trazodone). (R. 427-51.) In 2016 and early 2017, Ms. Johnson consistently recorded Plaintiff’s musculoskeletal and psychiatric exams as normal; she indicated that Plaintiff was not in pain, had normal gait and muscle strength, was fully oriented and had no depression, anxiety or agitation, except for visits in November 2016 and March 2017, when Plaintiff’s mood and affect were anxious. (Id., 491-92) In January 2017, Plaintiff indicated she was “doing well” on her medications. (R. 414.) On January 27, 2017, Plaintiff wrote in a disability function report that she had panic

attacks and depression, which kept her in bed for hours at a time, and her knee problems made it hard to dress and shower. (R. 265-66, 270.) Plaintiff was able to do laundry, prepare meals, shop for food and necessities as needed, go to the doctor, attend therapy and manage her finances. (R. 267-69.) On March 10, Plaintiff’s adult son George filled out a report indicating that he took his mom to the doctor and shopping for personal items, and he did all the other shopping.6 (R. 275- 78, 282.) George wrote that some days she did not get out of bed, and he had to coax her to shower. (R. 275-76.) Her hobbies included crafts, crocheting and watching television, but she had trouble doing any activity involving her knees, and she did not finish what she started. (R. 279-80.)

6 George wrote that his mother lived with different friends every few weeks (R. 275), but later that month, Ms. Johnson noted that Plaintiff lived with her son. (R. 492.) On June 7, 2017, Ms. Johnson noted that Plaintiff was distraught, tearful, anxious and focused on her physical issues, although her musculoskeletal exam was normal (with normal gait, muscle tone and strength), as was her mental status exam, except for depressed mood and distracted concentration. (R. 480, 482.) Ms. Johnson prescribed two antipsychotic medications – Seroquel and haloperidol – and discontinued sertraline and trazodone. (R. 483.)

On June 21, Plaintiff went to the emergency department (“ED”) complaining of right-sided pelvic pain radiating to the lower back. (R. 734.) She was discharged the same day with a prescription for Norco. (R. 744, 760.) On July 6, Plaintiff had a new patient evaluation with the Cook County pain clinic for pain in her hip, knee and lower back; she walked with a cane, and on examination, her ROM was limited by pain, and she was tender to palpation. (R. 558, 563, 565- 66.) Her mental status exam was normal. (R. 560, 565.) The attending physician noted Plaintiff was “seeking a new provider because her last pain doctor no longer provides opiates,” and she ran out of Norco. (R. 566.) The physician offered Plaintiff alternatives to Norco, but she declined. (Id.) On July 12, Plaintiff went to another pain clinic, Pain Specialists of Greater Chicago. Scott

McDaniel, M.D., observed Plaintiff’s gait was antalgic, she used a cane, and she had severe pain in her right knee with palpation. (R. 837-39.) Her mental status exam was normal. (Id.) Plaintiff reported that she had been told she was not a surgical candidate, and Dr. McDaniel prescribed Norco and MS Contin. (Id.) On August 9, Plaintiff’s exam and complaints of pain were essentially the same. (R. 833-34.) Dr. McDaniel continued to prescribe Norco and MS Contin for pain and noted that Plaintiff was “hopeful to get appointment at Cook County for right knee soon.” (R. 834.) On August 20, Plaintiff went to the ED complaining of chest and abdominal pain as well as right knee and back pain. (R. 670, 691, 702.) On exam, she had no tenderness, full strength and “good ROM” in her right knee; she was able to walk with a mild limp on the right but steady gait. (R. 703-04, 721.) Echocardiogram and exercise stress tests showed normal to mild findings. (R. 765-67.) Plaintiff was discharged on August 22 after pain relief from medication. (R. 680, 684.) On August 23, 2017, Plaintiff underwent an internal medicine consultative examination with M.S. Patil, M.D. Dr. Patil wrote that Plaintiff was a “poor historian,” as she was “guarded and reluctant to answer pertinent medical questions.” (R. 525.) She “was constantly complaining

of ‘pain everywhere’” and “all the time,” but examination showed full motor strength in her upper and lower extremities, no tenderness in her back, normal gait and tandem walk, and normal ability to get up from her chair and walk 50 feet without a cane. (R. 525-27.) She was “uncooperative” for evaluation of her ROM; she insisted she “cannot do it” due to pain. (Id.) Without a cane, Plaintiff stood “with some difficulty.” (R. 527.) Her mental status exam showed blunted affect, guarded mood, and poor to fair concentration because she was “constantly” distracted with complaints of pain. (R. 528.) X-rays in 2017 showed Plaintiff had moderate to severe osteoarthritis and markedly reduced joint space in the right knee. (R. 528, 530, 586.) On September 16, 2017, Plaintiff underwent a psychological consultative exam. She was

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Ganzer v. Saul, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ganzer-v-saul-ilnd-2023.