Gomez v. Colvin

73 F. Supp. 3d 921, 2014 U.S. Dist. LEXIS 183010, 2014 WL 6783765
CourtDistrict Court, N.D. Illinois
DecidedNovember 7, 2014
DocketNo. 13 C 6212
StatusPublished
Cited by1 cases

This text of 73 F. Supp. 3d 921 (Gomez 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
Gomez v. Colvin, 73 F. Supp. 3d 921, 2014 U.S. Dist. LEXIS 183010, 2014 WL 6783765 (N.D. Ill. 2014).

Opinion

MEMORANDUM OPINION

JEFFREY COLE, UNITED STATES MAGISTRATE JUDGE

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

[923]*923I.

PROCEDURAL HISTORY

Ms. Gomez applied for DIB on March 1, 2010, alleging that she has been disabled since January 31, 2010, due to asthma, anxiety, leg pain, stress, fibromyalgia, and memory loss. (Administrative Record (“R”) 146-49, 179). Her application, was denied initially and upon reconsideration. (R. 71-76, 78-81). Ms. Gomez then filed a timely request for a hearing before an administrative law judge. (R. 83-90).

An ALJ convened a hearing on April 4, 2012. (R. 36-70). Ms. Gomez, represented by counsel, appeared and testified and Pamela Tucker testified as vocational expert. On May 4, 2012, the ALJ denied Ms. Gomez’s application for DIB because she retained the capacity to perform a limited range of light work, which made her capable of performing her past work as a mail clerk, as well as other jobs that exist in significant numbers in the economy. (R. 16-31). The ALJ’s decision became the Commissioner’s final decision on July 1, 2013, when the Appeals Council denied Ms. Gomez’s request for review. (R. 1-6). See 20 C.F.R. §§ 404.955; 404.981. Ms. Gomez appealed that decision by filing suit in this Court under 42 U.S.C. § 405(g), and both, parties consented to jurisdiction pursuant to 28 U.S.C. § 636(c).

II.

THE EVIDENCE

A.

The Vocational Evidence

Ms. Gomez was born on November 30, 1961, making her fifty years old at the time of the ALJ’s decision. (R. 175). From 2006 to 2010, she worked as the manager of a currency exchange. Prior to that, she was a claims adjuster for an insurance company, and from 1996 to 1998, worked in a mail room. (R. 180, 185-87, 196-202). This work ranged from sedentary to medium, and was semi-skilled or skilled. (R. 58).

B.

The Medical Evidence

Ms. Gomez’s problems appear to have begun with a motor vehicle accident in which she suffered multiple injuries. (R. 401). She saw her regular doctor, Dr. Janis Wiener, on July 22, 2011. She had back pain and numbness in her right leg, but gained some improvement through physical therapy. There was no muscle weakness or joint pain. Musculoskeletal and neurological exams were normal aside from right low back tenderness. (R. 407). Asthma was well-controlled. (R. 405).

On July 30th, Ms. Gomez went back to Dr. Wiener, continuing to complain of low back pain. As well as forgetfulness and fatigue, she had no complaints. (R. 403). Upon examination, recent and remote memory were normal. Mood was normal. Insight and judgment were good. Muscu-loskeletal exam was normal with the exception of some mild tenderness in the low back. (R. 403). The doctor noted that an MRI had revealed mild disc protrusion as L4-5. (R. 340, 401). Ms. Gomez had “persistent” symptoms despite physical therapy. (R. 401).

The disability agency arranged for Ms. Gomez to have a consultative exam with Dr. Sujatha Neerukonda on August 25, 2010. She explained that she had been experiencing back pain for 8 years, fibro-myalgia for 10, depression and anxiety since age 17 (although it had gotten worse recently), asthma since childhood, and left shoulder pain for a year.. (R. 344). The shoulder pain averaged a 5/10, the back pain a 6/10. She claimed she had an acute asthma attack in July 2010 and had to go [924]*924to the hospital. She panicked around people and crowds, slept only 3 hours a night, and had crying spells. The doctor noted she appeared severely depressed and cried' during the examination. (R. 345, 346). Upon examination, there was .bilateral" wheezing when Ms. Gomez breathed. Range of motion in the cervical spine, shoulders, elbows, wrists, hips, knees, and ankles was normal. Lumbar spine motion was limited to'70 of 90 degrees. There 'was mild tenderness at L4-L5. Straight leg raising was negative for radiculopathy and gait was normal. Neurological examination was normal. (R. 346). She had “18+ ” fibromyalgia pressure points. (R. 348). Dr. Neerukonda’s diagnoses were chronic fibromyalgia, thoracolumbar ar-thralgia, depression, anxiety disorder with panic attacks, and chronic bronchial asthma and sinusitis. (R. 347).

That same day, Ms. Gomez also had a consultative psychological examination with Dr. Nathan Wagner. Ms. Gomez related suffering anxiety, frequent panic attacks, depression, low energy, poor concentration and focus, and poor sleep. (R. 356-57). Her panic attacks affected her ability to find work, as she could not complete tests or interviews. Her condition was worsened by family stress — her daughter died at age 3 and her son attempted suicide on two occasions. (R. 357). She left her previous job at a currency exchange because she became overwhelmed physically and emotionally. (R. 358). The doctor noted that, Within the first two minutes of the exam, Ms. Gomez was in tears. She regained her composure but hyperventilated and sobbed from time to time during the rest of the exam. (R. 359). Her mood was depressed and her affect labile. There was no thought disorder. Memory was somewhat deficient but grossly adequate. She was unable to identify Martin Luther King or Thomas Edison. (R. 360). She had some difficulty with abstract thinking. Judgment and insight were grossly intact. (R. 361). Dr. Wagner diagnosed panic disorder with agoraphobia, anxiety disorder, and major depressive disorder. He assigned a Global Assessment of Functioning score of just 30, suggesting behavior considerably influenced by an impairment or an inability to function in almost all areas. (R. 362); http://www.gafscore.com/.

On October 18, 2010, Ms. Gomez saw Dr. Amish Patel at the pain center. She was having back, hip and neck pain present, as well as headaches, but leg pain was 100% resolved. There was tenderness in the cervical spine but straight leg raising was negative. (R. 430). Ms. Gomez had bilateral epidural steroid injections at L4-5 on November 18th. (R. 424). On November 2010, an MRI of Ms. Gomez’s cervical spine showed cervical spondylosis most pronounced at C6-7. (R. 412-13). December 2nd, Ms. Gomez reported 75% improvement of her low back and lower extremity pain. She had no radiculopathy and experienced only some occasional “heat” in her lower back. (R. 428). Her new complaint was neck pain radiating into her upper arms. (R. 428). She had a cervical spine injection on December 16th. (R. 435).

In January 2011, Ms. Gomez’s physical therapist reported that, after nine visits, she was making good progress. Cervical pain was 6/10 at worst, and 4/10 on average. Upper extremity pain was 5/10 and 3/10 and headaches were 3/10 and 1.5/10. Ms. Gomez could reduce her headache pain consistently with her exercises. Still,' Ms.

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Bluebook (online)
73 F. Supp. 3d 921, 2014 U.S. Dist. LEXIS 183010, 2014 WL 6783765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gomez-v-colvin-ilnd-2014.