Hodges v. Barnhart

399 F. Supp. 2d 845, 2005 U.S. Dist. LEXIS 41518, 2005 WL 3027623
CourtDistrict Court, N.D. Illinois
DecidedNovember 9, 2005
Docket04 C 6008
StatusPublished
Cited by3 cases

This text of 399 F. Supp. 2d 845 (Hodges v. Barnhart) 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
Hodges v. Barnhart, 399 F. Supp. 2d 845, 2005 U.S. Dist. LEXIS 41518, 2005 WL 3027623 (N.D. Ill. 2005).

Opinion

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

Plaintiff Michael B. Hodges applied for Supplemental Social Security Income (“SSI”) from the Social Security Administration (“SSA”). After the SSA denied his application and reconsideration request, Hodges requested an evidentiary hearing. At the conclusion of the evidentiary hearing, the Administrative Law Judge (“ALJ”) found that Hodges was not disabled. After the Social Security Appeals Counsel denied his request for review, Hodges sought judicial review of the ALJ’s decision. Hodges has brought a motion for summary judgment seeking to reverse the ALJ’s decision. For the following reasons, we affirm the ALJ’s decision and deny Hodges’ motion.

RELEVANT FACTS

I. The Administrative Hearing

Hodges initially appeared before the ALJ on July 11, 2003, without representation. The ALJ informed Hodges of his right to representation during the hearing. (R.17, Supp. Admin. Record at 583.) The ALJ postponed the hearing to copy and distribute the medical evidence provided by Hodges and to allow Hodges an opportunity to retain counsel. {Id. at 586-87.) Hodges returned for a substantive hearing on October 21, 2003, again without representation. The ALJ conducted a substantive hearing at that time. {Id. at 533.)

II. Hodges’ Testimony

Hodges is currently thirty-one years old. Hodges is single and lives with his grandparents. He completed a high school education and one year of college. Prior to his illness, Hodges worked as a laborer, a writer, a musician, and an electrician’s assistant. {Id. at 66, 74, 557, 560.) He *849 drives and does not utilize a handicapped parking permit. (Id. at 558, 563.) Hodges cooks, does laundry, shops, makes his bed, and occasionally visits family members, but does not clean or work. (Id. at 83, 88, 100,106, 565.)

During the hearing, Hodges complained of several impairments, including joint inflammation, pain, confusion, vertigo, atrial fibrillation, and chemical sensitivity. (Id. at 557-59, 561, 563-64, 566-67.) He noted that his neurological symptoms improved with medication. He was prescribed a variety of medications over the past several years, including self-administered intravenous drugs. (Id. at 558, 561.) He refuses to take any kind of pain medication. (Id. at 565.) At the time of the hearing, Hodges took only vitamin supplements. (Id. at 565, 567.)

Hodges indicated that the medical record was complete during the administrative hearing. (Id. at 554-555.) Hodges also provided written descriptions of his impairments by way of the SSA’s disability report questionnaire. In the questionnaire, Hodges reported suffering from fatigue, confusion, racing heart, and low endurance. (Id. at 65.) Hodges also stated that his symptoms are inconsistent. (Id. at 65.)

III. Hodges’ Medical History

A. Outpatient Care

The record contains over fifty pages documenting Hodges’ treatment at Central DuPage Hospital for symptoms associated with Lyme disease or medications taken to control his illness. The record indicates that Hodges sought treatment for a wide range of ailments, including, but not limited to, chest pain, (id. at 154, 218, 319), shortness of breath, (id. at 154), palpitations, (id. at 154), weakness, (id. at 197, 263, 267), dizziness, (id. at 256, 259), nausea, (id. at 256), pain in his right flank, (id. at 267, 332), fever, (id. at 307), and complications with his indwelling peripherally inserted cardiac catheter (“PICC line”), (id. at 203, 312, 317). Hodges’ complaints typically varied from one emergency room visit to the next. When Hodges presented with consistent symptoms, his condition was corrected by medication or surgery. For example, Hodges’ gall bladder was removed in 2002 following multiple emergency room visits for treatment of pain in his right side. (Id. at 332.) Similarly, Hodges was treated at Central DuPage Hospital for atrial fibrillations, which converted to sinus rhythm spontaneously upon treatment with medications. (Id. at 154-55, 288, 291-93.) Hodges retained sinus rhythm for several months after the atrial fibrillation episodes. (Id. at 360.)

From 1999 to 2003, Central DuPage Hospital conducted numerous diagnostic tests to determine the origin of Hodges’ ailments. The cause of Hodges’ chief complaints, heart palpitations, fatigue, and chest pain remain unknown. Physicians administered a stress exercise test in January 1999, and performed echocardiography in October 1999 and January 2000. (Id. at 169, 181.) The results of the diagnostic tests were unremarkable. (Id. at 169, 181.) Likewise, no significant cardiac abnormalities were identified via Holter monitoring in October 1999, April 2000, and December 2001. (Id. at 166, 171.) Chest X-rays performed in August 1999, September 1999, October 1999, January 2000, November 2001, and April 2002 were normal. (Id. at 156, 166, 174-75, 319.) Abdominal imaging in October 2001 and April 2002 also was unremarkable. (Id. at 263, 332.)

B. Medical Consultations

Hodges sought out numerous laboratory tests and medical exams during the course of his treatment. It appears that Hodges was first diagnosed with Lyme disease in *850 December of 1998. (Id. at 140-142.) In August and December 1999, Hodges was seen by Dr. Dugan at Suburban Lung Associates for respiratory evaluation. Dr. Dugan noted that Hodges’ exam was unremarkable, demonstrating normal air flow, vocal cord dysfunction, gastroesophageal refux, and allergies. (Id. at 149-150.) Vocal cord exercises alleviated a degree of Hodges’ discomfort. (Id. at 148.)

Hodges consulted with MidWest Heart Specialists (“MidWest”) periodically from December 1998 until January 2000. Physicians at MidWest examined Hodges in December 1998 and January 1999 to address his complaints of chest discomfort and palpitations. (Id. at 189-94.) Heart monitoring via Holter monitor and echo-cardiogram revealed no significant abnormalities. (Id. at 189-94.) In November 1999, Hodges again consulted with Mid-West regarding his heart palpitations. Hodges informed MidWest of his atrial fibrillation that occurred in October 1999. (Id. at 185.) He exhibited no symptoms of palpitations or irregular heartbeat following treatment at Central DuPage Hospital for atrial fibrillation. (Id. at 185.) Mid-West performed an echocardiogram, which suggested that Hodges’ atria were normal. Hodges denied any dizziness, new rashes, or limiting arthritis during his appointment. (Id. at 185.) Hodges was examined again two weeks later complaining of atypical chest discomfort. (Id.

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399 F. Supp. 2d 845, 2005 U.S. Dist. LEXIS 41518, 2005 WL 3027623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodges-v-barnhart-ilnd-2005.