Harper v. Saul

CourtDistrict Court, N.D. Illinois
DecidedJuly 16, 2020
Docket1:19-cv-03652
StatusUnknown

This text of Harper v. Saul (Harper 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
Harper v. Saul, (N.D. Ill. 2020).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

TERRY H., ) ) Plaintiff, ) No. 19 cv 3652 ) v. ) Magistrate Judge Susan E. Cox ) ANDREW M. SAUL, Commissioner of the ) Social Security Administration, ) ) Defendant. )

MEMORANDUM OPINION AND ORDER Plaintiff Terry H.1 (“Plaintiff”) appeals the decision of the Commissioner of the Social Security Administration (“Commissioner”) denying her disability insurance benefits under Title II of the Social Security Act. Plaintiff has filed a Memorandum in Support of Reversing the Decision of the Commissioner of Social Security [dkt. 21], which the Court will construe as a motion for summary judgment. The Commissioner has filed a cross-motion for summary judgment. [dkt. 28]. For the reasons detailed below, the Court grants Plaintiff’s motion for summary judgment [dkt. 21], denies the Commissioner’s motion for summary judgment [dkt. 28], and remands this matter for further proceedings consistent with this Memorandum Opinion and Order. I. Background a. Procedural History In July 2016, Plaintiff filed for Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act, 42 U.S.C. §§ 216(i), 223(d), alleging an onset date of disability of July 17, 2015. [Administrative Record (“R.”) 192-193.] Plaintiff’s claim was initially denied October 11, 2016 and denied again on reconsideration on February 24, 2017. [R. 124-127, 129-131.] Plaintiff requested an

1 In accordance with Internal Operating Procedure 22, the Court refers to Plaintiff only by her first name and the first initial of her last name(s). administrative hearing. [R. 132-133.] On March 9, 2018 Plaintiff appeared with counsel and testified at a hearing before Administrative Law Judge (“ALJ”) Diane S. Davis. [R. 36-83.] A vocational expert also testified. Id. On June 14, 2018 the ALJ issued an opinion finding Plaintiff not disabled. [R. 20-29.] The Appeals Council denied Plaintiff’s request for review on April 2, 2019, making the decision the final decision of the Commissioner. [R. 1-5.] Plaintiff timely filed suit pursuant to 42 U.S.C. § 405(g). b. Relevant Background Plaintiff was born in August of 1962 and was 53 years old on her disability onset date. [R. 48.] Plaintiff lived with her fiancé who assisted her with grocery shopping, cooking, and cleaning. [R. 62.] Of the household chores, Plaintiff performed only light cleaning and light dusting. Id. Plaintiff’s hobbies included walking, playing the drums, and yoga. [R. 1466.] As of March 2018, Plaintiff reported

that she stopped playing the drums after injuring her left arm. [R. 63.] Plaintiff was involved in a motor vehicle accident over 20 years ago that caused neck pain, which became progressively worse in 2013. [See R. 382.] Plaintiff complained of neck pain in her cervical spine, difficulty standing for prolonged periods of time, and occasional numbness, tingling and shooting pain in her finger and extremities. [See R. 382, 440.] MRI and CT scans taken in August 2013 showed moderate to severe stenosis. [R. 334-340.] After undergoing physical therapy and pain medications, Plaintiff reported continued progression of her symptoms. [see R. 354-56.] In November 2013 Plaintiff underwent cervical decompression and fusion surgery. [R. 360-361.] After the surgery Plaintiff reported that her pain worsened throughout her neck and shoulders despite continued pain medications, trigger point and facet injections, as well as renewed physical therapy. [R. 456, 475, 481-87, 497-539.] Physical therapy notes documented Plaintiff’s difficulty sleeping, sitting longer than one hour, standing longer than twenty minutes, computer work, driving

and carrying more than five pounds. [R. 497.] These notes also documented Plaintiff’s reduced cervical spine range of motion and decreased shoulder strength. [R. 531, 537.] Plaintiff attended fifteen visits of physical therapy from June 04, 2015 through August 27, 2015. [R. 536.] Plaintiff refused further treatment because she wished to save her therapy benefits for the remainder of the year. See id. Plaintiff’s primary care physician, John Obert-Hong, M.D., documented ongoing issues of fibromyalgia, chronic neck pain, migraines, Generalized Anxiety Disorder, and insomnia. [R. 651-653, 646-696, 796-798, 810-816, 862-86, 916-18, 1359-62, 1374-82, 1409-12, 1438-39.] Dr. Obert-Hong treated these symptoms over the course of approximately ten years – in conjunction with other specialists, including rheumatologist Jeanine Connolly, M.D. See id. In August 2016, Dr. Obert-Hong and Dr. Connolly completed a physical medical source statement reporting that Plaintiff was limited to walking 3-4 blocks without rest or severe pain, sitting for 30 minutes at a time, and standing for 15 minutes at a time.2 [R. 674-650 at 648.] The doctors determined that Plaintiff could sit, stand and walk for less than 2 hours total during an 8-hour workday and would require unscheduled breaks. Id. In

particular, the doctors opined that Plaintiff would require a cane or assistive device while standing or walking, could rarely lift and carry less than ten pounds, and would have significant limitations with reaching, handling, or fingering. [R. 649.] Ultimately, the doctors indicated that Plaintiff was limited to using her hands, fingers, and/or arms for five percent of an 8-hour workday for the following activities: grasping, turning, and twisting objects; fine manipulations; reaching in front of the body; and reaching overhead. Id. Plaintiff also complained of left knee pain. [R. 560.] Plaintiff was referred to Daniel Troy, M.D., orthopedic specialist. Id. In September 2015 Dr. Troy administered a left knee cortisone injection. [R. 560-61.] In March 2016 Dr. Troy reviewed the left knee x-rays and MRI results and diagnosed osteoarthritis. [R. 563-65.] Plaintiff voiced renewed complaints of knee pain with Dr. Connolly in July 2016. [R. 654.] Plaintiff described general achiness, sometimes in the elbows, hip, and

2 The medical source statement lists both Dr. Obert-Hong and Dr. Jeanine Connolly (treating rheumatology specialist) as its authors. [R. 647.] Although the document was only signed by Dr. Obert-Hong [R. 650], it appears to the Court to have been authored by both physicians, based on the handwriting at the beginning of the document, the fact that both physicians’ progress reports were appended to the statement, and that it purports on its face to be authored by both physicians. [R. 647-650.] knees; although she never saw visible soft tissue swelling. Id. Dr. Connolly evaluated Plaintiff’s medications prescribed for fibromyalgia and recommended a new medicine, although Plaintiff subsequently had an allergic reaction. [R. 654-57, 800-05.] In October 2016, Dr. Obert-Hong ordered a cervical spine CT scan which revealed a disc protrusion flattening the ventral thecal sac resulting in possible mild foraminal stenosis – which was not present on Plaintiff’s previous MRI from 2014. [R. 767-69.] In February 2017, Steven Mather, M.D. reviewed Plaintiff’s MRI from 2013, a follow-up CT scan from 2014, the flexion-extension views from December 2016, and ordered a bone scan. [R. 970.] Dr. Mather reported that Plaintiff still suffered from fairly severe neck pain and noted the possibility of additional surgery. [R. 968.] Also in February of 2017, Plaintiff received cortisone injections for carpal tunnel syndrome

and synovitis on the right side. [R. 981.] In July Plaintiff saw Anton Fakhouri, M.D., at the Hand and Upper Extremity Clinic who reported that the electromyogram results were consistent with moderately severe carpal tunnel syndrome on the right side. [R.

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Harper v. Saul, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-saul-ilnd-2020.