Knox v. Astrue

572 F. Supp. 2d 926, 2008 U.S. Dist. LEXIS 108219, 2008 WL 3914912
CourtDistrict Court, N.D. Illinois
DecidedAugust 7, 2008
DocketCase 07 C 4165
StatusPublished
Cited by3 cases

This text of 572 F. Supp. 2d 926 (Knox v. Astrue) 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
Knox v. Astrue, 572 F. Supp. 2d 926, 2008 U.S. Dist. LEXIS 108219, 2008 WL 3914912 (N.D. Ill. 2008).

Opinion

*928 MEMORANDUM OPINION AND ORDER

MORTON DENLOW, United States Magistrate Judge.

Claimant Jay A. Knox (“Claimant”) seeks reversal or remand of the decision by Defendant Michael J. Astrue, Commissioner of Social Security (“Commissioner”), denying Claimant’s application for Disability Insurance Benefits (“DIB”). This case presents the following issues: (1) whether substantial evidence supports the decision of the Administrative Law Judge (“ALJ”) that the Claimant was not disabled; (2) whether the ALJ’s Step 3 analysis was proper; (3) whether the ALJ made a proper credibility determination; and (4) whether the ALJ failed to properly determine Claimant’s residual functional capacity (“RFC”) assessment. For the following reasons, the Court denies Claimant’s motion to reverse the final decision of the Commissioner and grants the Commissioner’s motion for summary judgment and affirms the Commissioner’s decision that the Claimant was not disabled.

I. BACKGROUND FACTS

A. Procedural History

Claimant initially applied for DIB on December 7, 2004, alleging he was unable to work as of November 5, 2004. R. 57-59. The ALJ had earlier found Plaintiff disabled during a closed period from January 28, 2001 to November 20, 2003. R. 12, 345. The Social Security Administration denied his application on March 21, 2005. R. 32-36. Claimant then filed a request for reconsideration, which was also denied on July 1, 2005. R. 38-42. Subsequently, Claimant requested a hearing before an ALJ. R. 43.

On May 11, 2006, ALJ John K. Kraybill presided over a hearing at which Claimant appeared with his attorney. R. 341-373. On October 24, 2006, ALJ Kraybill issued a decision finding Claimant was not entitled to DIB because he was able to perform a significant number of jobs in the national economy. R. 9-18. Claimant then filed for a review of the ALJ’s decision, and the Appeals Council denied the request by letter on June 13, 2007. R. 4-6, 8. Therefore, the ALJ’s decision became the final decision of the Commissioner. Claimant then filed this action for review pursuant to 42 U.S.C. § 405(g).

B. Hearing Testimony — May 11, 2006

1. Jay A. Knox — Claimant

As of the hearing, Claimant was forty-two years old, single, and living with his five year old daughter. R. 57, 345. ALJ Kraybill had previously awarded Claimant DIB for a closed period spanning from February 2001 to November 2003 during which he did not work. R. 345. He resumed working in 2004 for a fence company but was fired later that year. Id. Subsequently, Claimant applied to and was hired as a welder by Caterpillar, but Caterpillar rescinded its job offer after Claimant failed a medical exam in April 2005. R. 124, 346-347.

Claimant stated his family physician, Dr. Eric Janota D.O., prescribed painkillers Valium and Norco which he was taking at the time of the hearing. R. 349-50. Because of the medication, Claimant was unable to operate a vehicle. R. 352. Claimant had problems climbing stairs. R. 350. He could cut his grass for up to twenty or thirty minutes, but because of resulting pain and swelling he then has to ice his back and use his TENS unit. 1 R. 350-51. *929 It would take Claimant up to two days to complete mowing his lawn in this fashion. R. 351. Claimant could perform most other household chores, but noted his daughter’s mother helps take care of some tasks. Id. Claimant noted his pain causes him difficulty falling and staying asleep. R. 353.

Claimant testified that during his time working for the fence company his pain medication affected his ability to concentrate on the job. R. 354. He could not work without medication to manage his daily pain, but the medication made him feel unsafe and nervous at work. R. 355. After working for an hour or so Claimant would experience swelling “like a balloon” in his back, and the only relief from the swelling would come when Claimant laid down, iced his back, and used his TENS unit. R. 355-56. Even when he was not working, Claimant needed to lay down about six times a day, for up to an hour each time, to manage his pain and swelling. R. 359. Additionally, Claimant testified that he has suffered from migraine headaches since he was eight years old, but the migraines increased in frequency since he began experiencing the pain in his back. R. 361-62.

Claimant feels depressed because he is not as strong as he used to be, and he worries he will not be able to fully enjoy spending time with his daughter. R. 360. Additionally, Claimant notices he is forgetful and short tempered, which has affected his relationships with his girlfriend and his family. R. 361.

2. Walter J. Miller, M.D. — Medical Expert (ME)

The medical expert, Dr. Miller, did not personally examine Claimant. R. 364. The ME was unsure of the cause and nature of the swelling in Claimant’s back and suggested a neurosurgical evaluation may be appropriate to gather more information. R. 368. The ME noted Claimant suffered from a hernia for which he would require surgery, but the ME stated he believed Claimant could perform sedentary work. Id. The ME stated Claimant could likely do light work after his hernia was repaired. R. 367-68.

C. Medical Evidence

Claimant sustained a back injury at work in February 2001. R. 156. When conservative treatment measures failed, he underwent a posterior spinal fusion 2 with instrumentation from L4 through SI 3 in 2002. R. 156. Two or three months after this operation, Claimant claims his spine “shattered” during rehabilitation. R. 156. Thereafter, Claimant underwent a 360-de-gree spinal fusion to revise his previous operation. R. 156.

1. Dr. Avi Bernstein M.D. — Claimant’s Spine Surgeon

After a follow-up in January 2004, Avi Bernstein, M.D., Claimant’s spine surgeon, noted Claimant had completed a work conditioning program and was functioning at “the heavy level.” R. 92. Dr. Bernstein stated his lower back was at maximum medical improvement, but that because of his multiple operations he should “not really work beyond the medium level.” Id. *930 Dr. Bernstein suggested Claimant limit himself to lifting up to fifty pounds. Id.

2.Dr. Aftab Khan M.D. and Dr. Charles Kenney M.D. — State Agency Physicians

Claimant visited Dr. Khan, an internist, for a complete examination at the request of the State Agency. R. 97. Claimant complained to Dr. Khan that his operations had not relieved his lower back pain, and told Dr. Khan that he suffered from a “constant dull aching pain in the lower back area.” Id. This pain radiated to his lower extremities and increased with movement and activity. Id. Claimant complained of tingling and numbness in his lower extremities and difficulty walking, but he did not use any assistive devices. R. 97-98.

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Cite This Page — Counsel Stack

Bluebook (online)
572 F. Supp. 2d 926, 2008 U.S. Dist. LEXIS 108219, 2008 WL 3914912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knox-v-astrue-ilnd-2008.