Jenkins v. Saul

CourtDistrict Court, N.D. Illinois
DecidedDecember 29, 2020
Docket1:18-cv-07031
StatusUnknown

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

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

BEVERLY JO JENKINS, ) ) Plaintiff, ) ) v. ) Case No. 18 C 7031 ) ANDREW MARSHALL SAUL,1 ) Judge Rebecca R. Pallmeyer Commissioner of Social Security, ) ) Defendant. )

MEMORANDUM OPINION AND ORDER Plaintiff Beverly Jo Jenkins applied for a period of disability, disability insurance benefits, and supplemental Social Security income on July 1, 2015, alleging disability beginning on June 1, 2011. (Administrative Record ("R") at 18.) Initially, Plaintiff claimed that she was suffering from heart failure, hypertension, diabetes, arthritis, depression, edema in legs, and glaucoma. (R. at 110.) Later, she submitted evidence that she suffers from asthma, obesity, right-hand "trigger finger" (a condition in which a finger is stuck in a bent position), retinal disorders, and obstructive sleep apnea. (R. at 21.) The Social Security Administration ("SSA") denied Plaintiff's application in November 2015 and again, after reconsideration, in February 2016. (R. at 18.) Plaintiff requested a hearing before an Administrative Law Judge in February 2016 and retained counsel in April 2016. (R. at 18, 176- 79.) Following a hearing on August 31, 2017, the ALJ concluded in a written decision that Plaintiff was not disabled between June 1, 2011 and March 31, 2017 (the "insured period") because she has the residual functional capacity ("RFC") to perform light work as an "office associate/check

1 When Plaintiff filed this lawsuit, Nancy A. Berryhill was the Acting Commissioner of Social Security. Andrew M. Saul was sworn in as the Commissioner of Social Security in June 2019. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, he is substituted as Defendant. writer" and "general clerk." (R. at 18-31.)2 On August 22, 2018, the Social Security Appeals Council denied Plaintiff's request for review (R. at 1), and in October 2018, Plaintiff filed this lawsuit under 42 U.S.C. § 405(g) to challenge the ALJ's decision. Her central challenge is to the ALJ's determination of her RFC; according to Plaintiff, the ALJ did not properly account for her visual, manipulative, and mental limitations. In her Complaint and supporting brief, Plaintiff asks the court to reverse the ALJ's decision and remand the matter for an award of benefits, or, in the alternative, remand the matter for additional proceedings. (See Compl. [6]; Pl. Br. in Supp. of Reversing the Decision of the Commissioner of Social Security ("Pl. Br.") [13] at 15). Defendant filed a motion for summary judgment [20], and Plaintiff filed a reply [22]. For the reasons explained here, the court concludes that the ALJ's explanations are inadequate to support his RFC determination and remands the case pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent with this opinion. BACKGROUND

Plaintiff, born on December 26, 1957, claims to have become disabled on June 1, 2011, when she was 53 years old. (R. at 110.) She graduated from high school and took some college classes, but she did not earn a college degree and has no vocational training. (R. at 45.) In the 15 years before the alleged onset of her disabilities, Plaintiff performed semi-skilled work, including as a check writer, meter reader, switchboard operator, data entry clerk, and general clerk. (R. at 30.) Plaintiff has not engaged in substantial gainful activity as defined in the Social Security Act since June 1, 2011. (R. at 21.) She has attempted temporary clerical employment since then, but according to her testimony at the administrative hearing, her physical and mental limitations prevented her from keeping any of the jobs. (R. at 21, 54-55, 67.) Below, the court

2 Residual functional capacity refers to work a claimant can do despite her physical and/or mental limitations, "based upon medical evidence as well as other evidence, such as testimony by the claimant or [her] friends and family." Murphy v. Colvin, 759 F.3d 811, 817 (7th Cir. 2014) (internal quotation marks omitted). recounts Plaintiff's medical history and the administrative decisions on her Social Security application. A. Medical Evidence

1. Obesity and Diabetes

Plaintiff's medical records show that she is approximately 5 feet 4 inches tall and weighs about 275 pounds. (R. at 24, 825, 830.) Based on her body mass index ("BMI") she is considered obese. (Id.)3 Plaintiff was diagnosed with type 2 diabetes4 in 2000, and some of her medical records describe the condition as "uncontrolled." (R. at 377, 388, 449, 822.) As of December 2013, Plaintiff was taking prescription medications including Humalog, an insulin injection, to manage her diabetes (R. at 377.) In November 2016, Plaintiff's endocrinologist noted that she was "getting fatigued of the shots" and missing one of her two Humalog treatments daily. (R. at 822; see also id. at 830 (noting in March 2017 Plaintiff's "lack of adherence to insulin therapy").) 2. Vision Problems

At the August 2017 hearing, Plaintiff testified that poor vision is one of the main reasons she cannot work in any job. (R. at 55.) According to medical records, she began complaining of blurry vision in July 2015 during a visit to an optometrist, Dr. Byron Wright. (R. at 453.) Dr. Wright diagnosed her with background diabetic retinopathy, hypertensive retinopathy, vitreomacular adhesion of the left eye, and asymmetry of the right optic nerve. (R. at 453-55.)5 He characterized

3 "BMI is the ratio of an individual's weight in kilograms to the square of her height in meters." (R. at 24 n.1.)

4 "Type 2 diabetes is a chronic condition that affects the way your body metabolizes sugar . . . . [I]t develops when the body becomes resistant to insulin or when the pancreas is unable to produce enough insulin." Type 2 Diabetes, Mayo Clinic, https://www.mayoclinic.org/diseases-conditions/type-2-diabetes/symptoms-causes/syc- 20351193 (last visited Dec. 29, 2020). Type 2 diabetes can affect "many major organs, including your heart, blood vessels, nerves, eyes and kidneys." Id.

5 Diabetic retinopathy "is a diabetes complication that affects eyes. It's caused by damage to the blood vessels of the light-sensitive tissue at the back of the eye (retina)." Diabetic Retinopathy, Mayo Clinic, https://www.mayoclinic.org/diseases-conditions/diabetic-retinopathy/ symptoms-causes/syc-20371611 (last visited Dec. 29, 2020). Diabetic retinopathy can cause the retinopathy condition in both eyes as "mild" and advised Plaintiff to return "if symptoms of decreased vision or increased flashing lights or floaters occur." (R. at 455.) In January 2016, Dr. Wright referred Plaintiff to Dr. Mohamed Adenwalla, a retina specialist, who noted that Plaintiff has "blurred vision" of "moderate" severity. (R. at 621.) Dr. Adenwalla diagnosed proliferative diabetic retinopathy, vitreous hemorrhage, and diabetic macular edema in both eyes. (R. at 622.)6 Dr. Adenwalla concluded that the diabetic macular edema was stable, but his examination revealed attenuated retinal vessels and "scattered retinal hemorrhages" in both of Plaintiff’s eyes. (Id.) In June 2016, Dr. Adenwalla observed that Plaintiff had both a "new" and an "improving" vitreous hemorrhage. (R. at 782). He performed panretinal photocoagulation ("PRP"), a laser procedure, to treat diabetic retinopathy in her right eye. (Id.) Plaintiff visited Dr. Adenwalla twice in October 2016, still complaining of blurry vision. (R. at 776, 779.) Dr.

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

Related

Barbara Castile v. Michael Astrue
617 F.3d 923 (Seventh Circuit, 2010)
McKinzey v. Astrue
641 F.3d 884 (Seventh Circuit, 2011)
Angela Farrell v. Michael Astrue
692 F.3d 767 (Seventh Circuit, 2012)
Robert Filus v. Michael Astrue
694 F.3d 863 (Seventh Circuit, 2012)
Linda Roddy v. Michael Astrue
705 F.3d 631 (Seventh Circuit, 2013)
Rebecca Pepper v. Carolyn W. Colvin
712 F.3d 351 (Seventh Circuit, 2013)
Terry v. Astrue
580 F.3d 471 (Seventh Circuit, 2009)
Denton v. Astrue
596 F.3d 419 (Seventh Circuit, 2010)
Bauer v. Astrue
532 F.3d 606 (Seventh Circuit, 2008)
Craft v. Astrue
539 F.3d 668 (Seventh Circuit, 2008)
Villano v. Astrue
556 F.3d 558 (Seventh Circuit, 2009)
Hemminger v. Astrue
590 F. Supp. 2d 1073 (W.D. Wisconsin, 2008)
Karen Murphy v. Carolyn Colvin
759 F.3d 811 (Seventh Circuit, 2014)
Kenneth Scrogham v. Carolyn Colvin
765 F.3d 685 (Seventh Circuit, 2014)
Melissa Varga v. Carolyn Colvin
794 F.3d 809 (Seventh Circuit, 2015)
Latesha Moon v. Carolyn Colvin
763 F.3d 718 (Seventh Circuit, 2014)
Nancy Thomas v. Carolyn Colvin
826 F.3d 953 (Seventh Circuit, 2016)
Gotoimoana Summers v. Nancy A. Berryhill
864 F.3d 523 (Seventh Circuit, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
Jenkins v. Saul, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-saul-ilnd-2020.