Halbrook v. Chater

925 F. Supp. 563, 1996 U.S. Dist. LEXIS 6174, 1996 WL 238749
CourtDistrict Court, N.D. Illinois
DecidedApril 26, 1996
Docket95 C 5131
StatusPublished
Cited by1 cases

This text of 925 F. Supp. 563 (Halbrook v. Chater) 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
Halbrook v. Chater, 925 F. Supp. 563, 1996 U.S. Dist. LEXIS 6174, 1996 WL 238749 (N.D. Ill. 1996).

Opinion

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

Pursuant to 42 U.S.C. § 405(g), Robert D. Halbrook appeals the final decision of the Commissioner of Social Security, Shirley S. Chater, denying Halbrook’s application for Supplemental Security Income (“SSI”) under §§ 1602 and 1614(a)(3)(A) of the Social Security Act, 42 U.S.C. §§ 1381a and 1382c(a)(3)(A). The plaintiff moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. 1

RELEVANT FACTS

The Court begins with a broad overview of the facts, and then reviews Halbrook’s claims in detail. Halbrook is a 41 year old man who alleges that he has been continuously disabled since March 1, 1993, due to a chronic fatigue disorder. R. 44. Halbrook has a high school education and four years of technical training as a Machinist. 2 R. 99. He has a full-scale IQ of 105, which indicates that he is generally functioning in the average range. R. 164.

*566 Halbrook applied for SSI on August 6, 1993, claiming “chronic fatigue disorder” as Ms impairment. 3 R. 44, 48. Although not mentioned on his application for SSI, Hal-brook also suffers from hypertension, obesity, and muscle spasms around the top of Ms cervical spine. R. 218, 238. While the SSI application notes a March 1, 1993 “onset of impairment date,” R. 44, Halbrook claims to have been suffering from “debilitating” fatigue since February 1988, when he fell and Mt Ms head on some ice. R. 70, 253. Ever since that time, Halbrook reports extreme difficulty staying awake, particularly after exerting himself. R. 184, 189, 201, 252, 255. He complains of being in a “mental fog” all the time. R. 184. He reported to one doctor that as a result of Ms impairments, he lost “another” job. Id.

One doctor has diagnosed Halbrook as having chrome fatigue of “unclear etiology.” R. 184. However, tMs diagnosis was unsupported by “discernible physical findings.” R. 206, 218. Several doctors have concluded that his episodes of “falling asleep” are most consistent with dissociative episodes rather than loss of consciousness. R. 166, 192, 212. Halbrook has had several psycMatric evaluations, wMeh rule out depression but diagnose a narcissistic personality disorder. R. 212, 217. A chiropractor treating Halbrook for muscle spasms around Ms neck diagnosed Halbrook with mild hypertropMc spurring in the cervical spine, and hypertropMc spurring along the lumbar spine. R. 238. Halbrook’s pain improves with diversified adjusting. R. 237-38.

Halbrook’s SSI claim was demed on February 18, 1994, R. 49, and demed again on reconsideration on June 20, 1994. R. 53. Following a hearing on September 15, 1994, Admmistrative Law Judge Ellen K. Thomas (“ALJ”) issued a decision denying SSI benefits on October 25, 1994. R. 23. The ALJ’s decision became the final decision of the Commissioner when the Appeals Council de-med review. R. 4-5.

Halbrook has filed a complaint for judicial review pursuant to 42 U.S.C. § 405(g). The Court now considers the record in tMs case to determine whether the ALJ’s decision is “both supported by substantial evidence and based on the proper legal criteria.” Ehrhart v. Secretary of Health and Human Servs., 969 F.2d 534, 538 (7th Cir.1992).

Halbrook’s Testimony

At the admmistrative hearing Halbrook testified that he was 40 years old, married, with two children. R. 248-49. He has a two-year diploma from Madison Area Techrncal College in machine tool techmques. R. 249. His family lives on public aid and the SSI that Ms son receives. R. 251.

Halbrook testified that he has chrome fatigue syndrome, wMch causes him to sleep extreme amounts of time — from eight hours per day to three days at a time. R. 252, 255-56, 258. The amount of time he sleeps correlates with the level of exertion he maintains, ■ R. 255, so that a 5- or 3-day per week work schedule could put him in bed for 1-3 days. R. 258. In July 1994, he had to leave his last job after five weeks because he started having muscle spasms that paralyzed Ms right arm. R. 250. He described feeling so tired the last week he worked that after sleeping the weekend, he was unable to get out of bed for work on Monday and had to stay in bed for five days. R. 252, 256. Prior to that he worked for about five weeks in the fall of 1992 as a tool and die machmist. R. 251. He claims that he was fired because he could not stay awake on the job and “maintain an alert mental state.” Id.

Halbrook testified that he has been diagnosed with sleep apnea. R. 255. He stated that the doctor treating him had told him that a breathing machine could work to alleviate the problem, but the only thing that would “positively work” would be a “tube being placed here on a respirator and [that would] be a permanent implant....” Id. He also jammed Ms neck on a short doorway in 1988 and has had to receive chiropractic therapy ever since. R. 254. He testified *567 that when the top bone in his neck “gets out” he has increased fatigue. R. 258-54. Hal-brook also described recurring sinus problems, and high blood pressure which is now under control. R. 256-57. He has had psychiatric evaluations which did not show depression. R. 257.

His problems with fatigue became particularly troublesome in the winter of 1988 after hitting his head on ice. R. 252-53. Describing himself as a “workaholic” prior to the 1988 accident, Halbrook testified that he worked as a mechanic and a salesman from 1978 to February 1988. R. 258. However, he did not make enough money to file income taxes between 1982 and 1991. Id.

His daily activities consist of eating, riding his lawn mower or working in his workshop for about one to two hours. R. 260-261. He does no household chores. R. 268-69. He drives when accompanied by another person. R. 267. He can write without difficulty, but falls asleep after reading a few paragraphs. R. 269. He can no longer play his trumpet or play computer games. R. 259. In addition, he has leg cramps and spasms which restrict the amount of time he can spend on his feet. R. 262-63. He can stand for about 1-2 hours before he begins getting mentally confused or gets leg spasms, at which point he must sit for about 2 hours. R. 264.

Halbrook’s Medical Records

A. Neck and Back Muscle Spasms

Dr. Rodney Stanfield of the Stanfield Chiropractic Center treated Halbrook between February and October 1994. R.

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Bluebook (online)
925 F. Supp. 563, 1996 U.S. Dist. LEXIS 6174, 1996 WL 238749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halbrook-v-chater-ilnd-1996.