Lynch v. Astrue

874 F. Supp. 2d 810, 2012 U.S. Dist. LEXIS 32522, 2012 WL 830434
CourtDistrict Court, E.D. Missouri
DecidedMarch 12, 2012
DocketCase No. 4:10CV 2280 LMB
StatusPublished
Cited by2 cases

This text of 874 F. Supp. 2d 810 (Lynch v. Astrue) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lynch v. Astrue, 874 F. Supp. 2d 810, 2012 U.S. Dist. LEXIS 32522, 2012 WL 830434 (E.D. Mo. 2012).

Opinion

MEMORANDUM

LEWIS M. BLANTON, United States Magistrate Judge.

This is an action under 42 U.S.C. § 405(g) for judicial review of defendant’s final decision denying the application of Helenna Lynch for Disability Insurance Benefits under Title II of the Social Security Act and Supplemental Security Income under Title XVI of the Act. This case has been assigned to the undersigned United States Magistrate Judge pursuant to the Civil Justice Reform Act and is being heard by consent of the parties. See 28 U.S.C. § 636(c). Plaintiff has filed a Brief in Support of the Complaint. (Document Number 12). Defendant has filed a Brief in Support of the Answer. (Doc. No. 14).

Procedural History

On May 9, 2008, plaintiff filed her application for benefits, claiming that she became unable to work due to her disabling condition on January 28, 2008. (Tr. 85-94). This claim was denied initially, and following an administrative hearing, plaintiffs claim was denied in a written opinion by an Administrative Law Judge (ALJ), dated February 25, 2010. (Tr. 41^48, 4-18). On October 18, 2010, the Appeals Council denied plaintiffs request for review. (Tr. 1-3). Thus, the decision of the ALJ stands as the final decision of the Commissioner. See 20 C.F.R. §§ 404.981, 416.1481.

Evidence Before the ALJ

A. ALJ Hearing

Plaintiffs administrative hearing was held on December 3, 2009. (Tr. 21). Plaintiff was present and was represented by counsel. (Id.). A vocational expert was also present. (Id,.).

The ALJ examined plaintiff, who testified that she lived in a home with her fifteen-year-old son and her seven-year-old daughter. (Tr. 22).

Plaintiff stated that she had a GED and received vocational training as a manager. (Id.). Plaintiff testified that she worked as a manager at White Castle for eight years, and at Jack-in-the-Box for four years. [815]*815(Id). Plaintiff stated that she managed twelve to fourteen people at these positions. (Id).

Plaintiff testified that she had received unemployment benefits until October of 2009. (Tr. 23). Plaintiff stated that she had been looking for work because she had no income to support her children. (Id). Plaintiff testified that she looked for work at the Missouri Career Center. (Id). Plaintiff stated that she interviewed at American Staffing in June of 2009, but did not take the job because she was unable to perform factory work due to her hand impairment. (Id).

Plaintiff stated that she had been in jail on three occasions due to unpaid traffic tickets. (Tr. 24). Plaintiff testified that she last spent time in jail in November of 2009. (Id).

Plaintiff’s attorney indicated that plaintiff was unable to work due to recurrent hernia surgeries and recurrent infections of the hernia site. (Tr. 25). Plaintiffs attorney stated that plaintiff also suffers from finger contractures of the bilateral fingers. (Id). Plaintiffs attorney indicated that the cause of the finger contractures was unknown at that time, although plaintiff had recently undergone EMG testing and was awaiting the results. (Id).

Plaintiff testified that she last underwent a hernia surgery in July of 2008.(Id). Plaintiff stated that her doctors recommended another hernia surgery but she had been unable to undergo surgery due to recurring infections with drainage in the hernia site. (Tr. 26). Plaintiff testified that she sees her doctor monthly for treatment of the hernia site infection. (Id).

Plaintiff stated that she cooks and gets her children ready for school. (Id). Plaintiff testified that her fifteen-year-old son helps her with household chores and helps her cook. (Id). Plaintiff stated that her sister helps her style her daughter’s hair. (Id). Plaintiff stated that her son does most of the dishes. (Tr. 27). Plaintiff testified that her landlord does the yard work. (Id). Plaintiff stated that her aunt helps her shop for groceries because it is difficult for her to grasp heavy items, such as a gallon of milk. (Id). Plaintiff testified that her son usually helps her put away groceries, although she is able to do it by herself when her son is not home. (Id).

Plaintiff stated that the fifth finger of both hands contracts and she is unable to straighten her finger. (Tr. 28). Plaintiff testified that this has been occurring since she was a child, and that she first reported the problem to a doctor when she was nine. (Id). Plaintiff stated that surgery was discussed, but she never underwent surgery. (Id). Plaintiff testified that she was able to work with her fingers contracted. (Tr. 29). Plaintiff stated that this impairment worsened, and that she started taking over-the-counter pain medication to help the pain. (Id). Plaintiff testified that, at the time of the hearing, she was taking prescription pain medication, which did not help her pain much. (Id). Plaintiff stated that she underwent nerve conduction testing on November 17, 2009. (Tr. 30). Plaintiff testified that her elbows started hurting during the summer of 2009, and that Dr. Zarmeena Ali at St. Louis Connect Care administered shots in her elbows. (Id).

Plaintiff stated that her hernia is preventing her from working because she is barely able to bend down. (Id). Plaintiff testified that the hernia site still drains when she moves a certain way. (Tr. 31). Plaintiff stated that Dr. Codner at St. Louis Connect Care is treating her hernia, and that he has indicated that it could take months or years before the site stops draining. (Id). Plaintiff testified that her doctors do not want to perform surgery due to the risk of infection. (Id).

[816]*816Plaintiff stated that she stopped working for Jack-in-the-Box in January of 2008.(M). The ALJ noted that the record reveals that plaintiff reported to Connect Care that she was still working for Jack-in-the-Box. (Id.). Plaintiff testified that Jack-in-the-Box was not paying for her health insurance. (Tr. 31). Plaintiff stated that she applied for medical assistance through Connect Care and that Connect Care contacted a case worker at the Division of Family Services. (Tr. 32).

Plaintiff testified that she mostly lies down during the day. (Id.). Plaintiff stated that her medication makes her drowsy. (Id.). Plaintiff testified that she does not belong to any clubs or organizations. (Id.). Plaintiff stated that she does not go out with friends. (Id.). Plaintiff testified that she had not wanted to go out since she stopped working for Jack-in-the-Box in January 2008. (Tr. 33).

Plaintiff stated that her sister comes over to help plaintiff style her daughter’s hair. (Id.). Plaintiff testified that she has difficulty holding her arms up for long periods, but she is able to bathe, dress herself, and brush her teeth. (Tr. 34). Plaintiff stated that she has difficulty fastening buttons, and that she requires assistance buttoning her pants. (Id.).

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Cite This Page — Counsel Stack

Bluebook (online)
874 F. Supp. 2d 810, 2012 U.S. Dist. LEXIS 32522, 2012 WL 830434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynch-v-astrue-moed-2012.