Jones v. Barnhart

539 F. Supp. 2d 1057, 2008 U.S. Dist. LEXIS 25105, 2008 WL 802263
CourtDistrict Court, N.D. Illinois
DecidedMarch 27, 2008
Docket06 C 3870
StatusPublished

This text of 539 F. Supp. 2d 1057 (Jones 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
Jones v. Barnhart, 539 F. Supp. 2d 1057, 2008 U.S. Dist. LEXIS 25105, 2008 WL 802263 (N.D. Ill. 2008).

Opinion

MEMORANDUM OPINION AND ORDER

MICHAEL T. MASON, United States Magistrate Judge.

Claimant, Valerie Jones (“claimant”), has brought a motion for summary judgment seeking judicial review of the final decision of the Commissioner of Social Security (“Commissioner”) denying her claim for Disability Insurance Benefits under §§ 216(1) and 223 of the Social Security Act (the “Act”), codified as 42 U.S.C. §§ 416(1) and 423(d). The Commissioner filed a cross-motion for summary judgment asking this Court to uphold the final decision of the Administrative Law Judge (“ALJ”). We have jurisdiction to hear this matter pursuant to 42 U.S.C. § 405(g). For the reasons set forth below, claimant’s motion is granted and the Commissioner’s motion is denied. This matter is remanded for further proceedings consistent with this opinion.

BACKGROUND

I. Procedural History

Claimant filed an application for disability insurance benefits on July 21, 2004, alleging a disability onset date of March 2, 2001. (R. 63-64, 74-76). Claimant’s application was initially denied by notice dated February 17, 2005, and after a request for reconsideration, by notice dated July 15, 2005. (R. 25-28, 32-34). Claimant then filed a timely request for a hearing. (R. 36). On January 18, 2006, a hearing was held in front of ALJ Denise McDuffie Martin in Orland Park, Illinois. (R. 222-62). Claimant; Dr. William Newman, a medical expert (“ME Newman”); and Glee *1059 Ann Kehr, a vocational expert (“VE Kehr”), appeared and testified at the hearing. (Id.) ALJ Martin issued a written decision denying claimant’s request for benefits on January 20, 2006. (R. 15-22). The ALJ found claimant had established the existence of spinal stenosis accompanied by obesity. (R. 21). However, ALJ Martin found this impairment, while severe, is not one which the Commissioner considers conclusively disabling. (Id.) She further found that claimant is capable of performing sedentary work. (Id.) The Appeals Council then denied claimant’s request for review and the ALJ’s decision became the final decision of the Commissioner. (R. 3-5); see Zurawski v. Halter, 245 F.3d 881, 883 (7th Cir.2001). Claimant subsequently filed this action in the district court.

II. Claimant’s Testimony

Claimant was born on January 15, 1971. (R. 66). At the time of the hearing, she was 36 years old and living in a trailer with her four-year-old twins. (R. 227-28, 242). She stands 5'3" tall and weighs approximately 289 pounds. (R. 234). Claimant has a high school education and has completed some college. (R. 228). Claimant testified that she is enrolled in telec-ourses through a local community college, which involves watching videos and reviewing course books at home, and then going to the school once a month to take a test. (R. 228-29, 248^9).

Claimant testified that she has not worked since March 2001. (R. 230). For approximately six and a half years before that date, she was a full-time independent living counselor for Trinity Services. (Id.) That job involved assisting adults with special needs with tasks such as meal preparation, personal care, transportation and other activities of daily living. (Id.) Prior to that time, claimant worked as a gas station attendant, babysitter, preschool teacher, and dishwasher. (R. 231-32).

Claimant testified that she stopped working in 2001 because she had problems with her back and, after she became pregnant, “the doctor said I don’t want you working. It’s just too much stress, too much problem.” (R. 230-31). She further stated that her back problems started in 1999, when she injured her back while assisting a patient in a wheelchair into a car. (R. 232-33). According to claimant, the patient started to fall and claimant injured her back as she reached over to catch the patient. (R. 233). Claimant stated that between 1999 and 2001 she received a lot of physical therapy; saw her primary physician, Dr. Stephen Wadowski, many times; and took various medication. (Id.) Claimant also stated that she hurt her back a few more times while still working at Trinity Services and had to miss quite a bit of work “for back problems.” (Id.)

Claimant testified that she suffers from lower back pain accompanied by pain and tingling in both legs. (R. 235-36). According to claimant, this pain is aggravated by standing up straight, walking, and sitting for extended periods of time. (R. 236-37). As a result, she is more comfortable leaning forward or to the right when sitting. (R. 237-38, 255). Claimant takes Darvocet every six hours, which prevents the pain from going further down her legs and helps to control the pain by numbing it. (R. 238). She testified that the pain in her right leg is “a little worse,” which causes her to “lean to the right [and] ... put most of the weight on the left” leg. (R. 236). Claimant stated that she does not use a cane, crutch, or walker because it would be impossible for her to handle her two children while using one of those devices. (R. 236-37). Claimant also suffers from muscle spasms, which cause a jerking motion in her legs, occasionally accompanied by a shooting pain in her back. (R. 237-39). At the hearing, claimant testified that she continues to experience muscle *1060 spasms, although the pain from these spasms has decreased. (R. 239).

According to claimant, her pain is aggravated from bending, lifting, turning, stooping, and twisting from side to side. (R. 240 — 41). Claimant stated that she can only stand for 15 minutes before the pain starts shooting down her legs and she gets hot, sweaty and nauseous. (R. 241). Claimant did not experience any of these symptoms prior to the onset of her back pain. (Id.) Finally, claimant testified that sitting straight up in a chair for longer than ten minutes makes her feel nauseous. (R. 255).

Claimant reported that she received two injections in her back, after which “the pain was relieved for about two, three days.” (R. 250-51). According to claimant, Dr. Wadowski suggested that she talk to a neurosurgeon about the possibility of shaving the disc to relieve some of the pressure. (R. 235). While claimant was not able to find a neurosurgeon close to her home, she remains willing to talk to a neurosurgeon about possible surgery. (Id.)

Claimant also testified about her depression. (R. 241-42). She has been taking Prozac for the past four to six years, and stated that it seems to control her depression. (R. 242). She claimed that her depression is affected by her pain, specifically her inability to work and do the “normal things” in life. (Id.)

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Bluebook (online)
539 F. Supp. 2d 1057, 2008 U.S. Dist. LEXIS 25105, 2008 WL 802263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-barnhart-ilnd-2008.