Gutierrez-Gonzalez v. Astrue

894 F. Supp. 2d 1057, 2012 WL 4120488, 2012 U.S. Dist. LEXIS 133577
District Court, N.D. Illinois·Decided September 19, 2012·No. Case No. 12 C 333·Published·Cited by 5 cases

Opinion

MEMORANDUM OPINION AND ORDER

MORTON DENLOW, United States Magistrate Judge.

Claimant Gloria Gutierrez-Gonzalez (“Claimant”) brings this action under 42 U.S.C. § 405(g), seeking reversal and remand of the decision by Defendant Michael J. Astrue, Commissioner of Social Security (“Defendant” or “Commissioner”), denying Claimant’s application for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”). Claimant argues that the ALJ failed to build a logical bridge between the evidence and the medical improvement condition. For the following reasons, the Court grants Claimant’s motion for summary judgment to reverse the decision of the Commissioner, denies the Commissioner’s motion to affirm the Commissioner’s decision, and remands the case to the Social Security Administration for further proceedings consistent with this opinion.

I. BACKGROUND FACTS

A. Procedural History

Claimant initially applied for DIB and SSI on November 10, 2008, alleging a disability onset date of December 7, 2007. R. 135-42. The Social Security Administration (“SSA”) denied her applications on March 9, 2009. R. 45-46. Claimant then filed a request for reconsideration, which the SSA denied on August 14, 2009 R. 47-48. Thereafter, Claimant requested a hearing before an ALJ. R. 72-73.

On July 13, 2010, Administrative Law Judge Janice M. Bruning (“ALJ”) presided over a hearing at which Claimant appeared with her attorney, Augustin Garcia. R. 25^44. Claimant and Aimee Mowery, a vocational expert (“VE”), testified at the hearing. Id. On October 22, 2010, the ALJ issued a decision finding Claimant not disabled under the Social Security Act. R. 11-20. Specifically, the ALJ found that while Claimant was disabled from May 24, 2008 through June 30, 2009, medical improvement occurred on July 1, 2009 and after that date Claimant had the ability to perform sedentary work with the following additional restrictions: she could not per[1059] form work involving ladder, rope, or scaffold climbing; she could only occasionally climb ramps and stairs, balance, stoop, crouch, kneel, crawl and use her right lower extremity; she could not work in an environment with concentrated exposure to respiratory irritants; and she must be able to alternate between sitting and standing positions on an hourly basis. R. 17. The ALJ concluded that Claimant is unable to perform her past relevant work but there are a significant number of jobs in the national economy which Claimant can perform. R. 19.

Claimant then filed for review of the ALJ’s decision to the Appeals Council, which denied Claimant’s request on November 30, 2011. R. 1-3. Therefore, the ALJ’s decision became the final decision of the Commissioner. Claimant subsequently filed this action for judicial review pursuant to 42 U.S.C. § 405(g). The parties have consented to this Court’s jurisdiction pursuant to 28 U.S.C. § 636(c). Dkt. 9.

B. Hearing Testimony — July 13, 2010

1. Gloria Gutierrez-Gonzalez— Claimant

Claimant testified at the hearing with the assistance of an interpreter. R. 27. At the time of the hearing, Claimant was thirty-eight years old. R. 200. Claimant completed the tenth grade in Mexico. R. 29. She is married and has one minor child. Id. Claimant testified that she was in an accident on December 7, 2007. R. 31. Claimant returned to work three days after her accident and underwent a series of injections and therapy. R. 31. Her last day of work was May 24, 2008. Id.

At the time of the hearing, Claimant was taking pain medication. R. 32. She testified that her insurance does not cover anything besides pain medication so she was not able to have a second procedure performed. Id. She described her middle and lower back pain as a burning sensation, or as though she is being punctured; she rated that pain as a seven on a scale of ten. R. 33. Her right knee also feels numb and causes pain. R. 34. Claimant testified that she previously saw a mental health specialist who gave her medication for depression, but she was not receiving mental health treatment at the time of the hearing. Id.

Claimant can walk for two blocks without pain, can stand for thirty minutes maximum and can sit for an hour maximum. R. 35. She can lift a gallon of milk and a grocery bag but experiences pain in the hip. Id. She has trouble climbing stairs, though does it everyday, and had problems with bending, balance, and reaching over her head. Id. She can reach in front and can use her hands without pain. Id. Claimant has trouble sleeping; her depression medication helps her sleep. R. 36. She has to take a nap two or three times per day, about an hour each time, because her muscles tense up. Id.; R. 40.

Regarding daily activities, Claimant drives her son to school everyday, prepares simple meals, and shops if assisted. R. 37. She does not do dishes and can do the laundry slowly. Id. She does not clean; her doctors have told her to avoid that type of activity. Id. She attends school functions for her children, helps with homework, cares for her minor son in the summer, attends church and sometimes socializes with friends. R. 37-38.

Claimant discovered cysts in her breast in 1996, had surgery, and at the time of the hearing was contemplating breast removal due to new cysts. R. 39. At some point in the hearing, Claimant asked to stand up. R. 39.

2. Aimee Mowery — Vocational Expert (“VE”)

Aimee Mowery testified as a Vocational Expert (“VE”). R. 40. The VE described [1060] Claimant’s past relevant work as that of a machine operator, which is a semi-skilled occupation with SVP 3 and light exertion level, and a hand packager, which is an unskilled occupation with SVP 2 and light exertion level. R. 41.

Free access — add to your briefcase to read the full text and ask questions with AI

Gutierrez-Gonzalez v. Astrue, 894 F. Supp. 2d 1057, 2012 WL 4120488, 2012 U.S. Dist. LEXIS 133577 (N.D. Ill. 2012).

894 F. Supp. 2d 1057 (Gutierrez-Gonzalez v. Astrue) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

BAKER v. O'MALLEY
S.D. Indiana, 2024
Krupinski v. O'Malley
N.D. Illinois, 2024
Strand v. Kijakazi
N.D. Illinois, 2023
Reun v. Kijakazi
N.D. Illinois, 2023
Perez v. Saul
N.D. Illinois, 2022