Holden v. Shalala

846 F. Supp. 662, 1994 U.S. Dist. LEXIS 2567, 1994 WL 91233
CourtDistrict Court, N.D. Illinois
DecidedMarch 4, 1994
Docket93 C 3436
StatusPublished
Cited by5 cases

This text of 846 F. Supp. 662 (Holden v. Shalala) 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
Holden v. Shalala, 846 F. Supp. 662, 1994 U.S. Dist. LEXIS 2567, 1994 WL 91233 (N.D. Ill. 1994).

Opinion

MEMORANDUM OPINION AND ORDER

PLUNKETT, District Judge.

We review here, under 42 U.S.C. § 405(g), the final decision of the Secretary of Health and Human Services (the “Secretary”) denying Supplemental Security Income (“SSI”) and Disability Insurance Benefits (“DIB”) to Plaintiff Charlotte Holden. This case is before us on the parties’ cross motions for summary judgment.

Ms. Holden applied for SSI and DIB on September 23, 1991, alleging that she had been disabled since October 12, 1989. Plaintiffs request was denied initially and upon reconsideration. Following the administrative denials of her claim, Plaintiff requested a hearing before an Administrative Law Judge (ALJ). At the hearing Plaintiff amended the onset date of disability from October 12,1989 to September 23, 1991. The ALJ determined that Plaintiff was not under a disability listed in or medically equal to one listed in Appendix 1, Subpart P, Regulation No. 4, and that she had the residual functional capacity to perform her past relevant work. Accordingly, her claim was denied. The Appeals Council denied Plaintiffs request for review of the ALJ’s decision. At that point, the decision became a final decision of the Secretary.

Having exhausted her administrative remedies, on June 10, 1993, Plaintiff filed a complaint in this court requesting judicial review of the Secretary’s decision. Plaintiffs motion for summary judgment requests reversal of the determination or, in the alternative, remand to the Secretary for further findings. Defendant has made a cross motion for summary judgment, requesting that the Secretary’s determination be affirmed. For the reasons stated below, we conclude that Plaintiffs motion for summary judgment must be granted and Defendant’s motion for summary judgment denied.

Standard of Review

The Secretary’s final decision must be sustained if it is supported by “substantial evidence” and based on the correct legal standard. 42 U.S.C. § 405(g). Thus, we may reverse the decision only if it is not supported by substantial evidence or if the Secretary applied an erroneous legal standard. Scivally v. Sullivan, 966 F.2d 1070, 1075 (7th Cir.1992) (citing Pugh v. Bowen, 870 F.2d 1271, 1274 (7th Cir.1989)). “Substantial evidence” is “ ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” Pitts v. Sullivan, 923 F.2d 561, 565 (7th Cir.1991) (quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971)). It is more than a scintilla. Richardson v. Perales, 402 U.S. at 401, 91 S.Ct. at 1427.

An ALJ is required to weigh all the evidence and may not ignore evidence that suggests an opposite conclusion from the one he or she reaches. Whitney v. Schweiker, 695 F.2d 784, 788 (7th Cir.1982) (citing Garcia v. Califano, 463 F.Supp. 1098, 1105 (N.D.Ill.1979); Rayborn v. Weinberger, 398 F.Supp. 1303, 1311 (N.D.Ind.1975)). Furthermore, an ALJ “must minimally articulate his reasons for crediting or rejecting evidence of disability.” Scivally, 966 F.2d at 1076.

Our role is limited’to determining whether the Secretary’s decision was supported by adequate evidence. We cannot “ ‘decide facts anew, reweigh the evidence, or substitute our own judgment for that of the Secretary.’” Scivally, 966 F.2d at 1075 (quoting Clark v. Sullivan, 891 F.2d 175, 177 (7th Cir.1989)) (quoting Delgado v. Bowen, 782 F.2d 79, 82 (7th Cir.1986)). Furthermore, *664 “[ujnless the ALJ’s assessment of the witnesses is patently wrong in view of the cold record before us, it must.stand.” Imani v. Heckler, 797 F.2d 508, 512 (7th Cir.1986); Edwards v. Sullivan, 985 F.2d 334, 338 (7th Cir.1993) (ALJ’s credibility determination stands so long as there is “some support” in the record). We do not decide if a claimant is disabled. Ehrhart v. Secretary of Health and Human Serv., 969 F.2d 534, 538 (7th Cir.1992) (citing Stuckey v. Sullivan, 881 F.2d 506, 508 (7th Cir.1989)).

Background

Plaintiff was forty-two years old .at the time of the hearing. She testified that she was 5'4" tall. She testified further that she weighed 289 pounds at the time of the hearing, and 264 pounds five months earlier.

I. Past Relevant Work

Plaintiff was employed in various sedentary, unskilled jobs from April 1977 to October 1989. 1 She worked from April 1977 to March 1984 as a packer. She worked as a bench inspector from October 1984 to October 1987, and as a bench checker from October 1987 to June 1989. Her last job, as a stamper, lasted from June to October 1989. Plaintiff received unemployment compensation from August 1990 through June 1991.

II. Plaintiff’s Testimony

Plaintiff testified at the hearing that her cancer is in remission and that she has not received any treatment for this condition since 1984. She stated that she has swelling of the left side and left arm and that the left side hurts if used constantly for an hour or more. She further testified that she has arthritis in both knees which prevents her from bending and limits her walking to only a little at a time.

She testified that she has constant, severe pain, which she rates as being eight on a scale of one to ten, ten being the worst. Medication does not help the pain, nor does it cause any side effects. Plaintiff admits that in signing the application for unemployment compensation, she represented that she was ready, willing and able to work.

According to Plaintiff, she can walk two blocks. She can lift five to ten pounds. She can sit for four hours and stand for thirty minutes. She does not engage in any recreational activities. She does not drive. She can feed herself, dress herself, and cook.

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Bluebook (online)
846 F. Supp. 662, 1994 U.S. Dist. LEXIS 2567, 1994 WL 91233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holden-v-shalala-ilnd-1994.