Mena v. Saul

CourtDistrict Court, N.D. Illinois
DecidedOctober 28, 2019
Docket1:18-cv-04407
StatusUnknown

This text of Mena v. Saul (Mena 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
Mena v. Saul, (N.D. Ill. 2019).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MIGDALIA M,1 ) ) Plaintiff, ) No. 18 C 4407 ) v. ) Magistrate Judge Jeffrey Cole ) ANDREW SAUL, Commissioner of ) Social Security, ) ) Defendant. ) MEMORANDUM OPINION AND ORDER Plaintiff applied for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”) under Titles II and XVI of the Social Security Act (“Act”), 42 U.S.C. §§ 416(I), 423, 1381a, 1382c, nearly four years ago. (Administrative Record (R.) 234-45). She claimed that she became disabled as of March 25, 2013, due to carpal tunnel surgery on her left hand, left arm nerve and muscle damage, bilateral knee pain, right shoulder pain, hepatitis C, and depression. (R. 283). Over the ensuing three years, plaintiff’s application was denied at every level of administrative review: initial, reconsideration, administrative law judge (ALJ), and appeals council. It is the ALJ’s decision that is before the court for review. See 20 C.F.R. §§404.955; 404.981. Plaintiff filed suit under 42 U.S.C. § 405(g), and the parties consented to the jurisdiction of a Magistrate Judge pursuant to 28 U.S.C. § 636(c) on August 28, 2018. [Dkt. #6]. The case was reassigned to me on January 10, 2019. [Dkt. # 21], and was fully briefed in April 2019. Plaintiff asks the court to reverse and remand the 1 Northern District of Illinois Internal Operating Procedure 22 prohibits listing the full name of the Social Security applicant in an Opinion. Therefore, the plaintiff shall be listed using only their first name and the first initial of their last name. Commissioner’s decision, while the Commissioner seeks an order affirming the decision. I. A. Plaintiff was born on August 30, 1964 (R. 234), and was 48 years old when she claims she

became disabled. (R. 234). She has a ninth-grade education, and a sporadic work history, briefly holding jobs at the night desk of hotels, in manufacturing, and in inventory. (R. 302). Most of these were through a temp agency. (R. 38). The only job she’s had that lasted more than a few months was in a pharmaceutical plant. (R. 302). While she alleges an array of impairments, she seems to claim the most of her trouble is due to her knees, and to a lesser extent, to carpal tunnel syndrome. At about 420 pages, the medical record in this case is of average heft as these cases go and, as is usually the case as well, precious little of it has anything to do with whether the plaintiff is

disabled or not. Indeed, the plaintiff, herself, indicates through citations to the record in her brief that not even 20 pages of the record matter to her claim that she is unable to work. [Dkt. # 16, at 3- 4]. A summary of the relevant evidence follows. Plaintiff began seeing Dr. Randon Johnson for right knee pain in December 2013. (R. 409). Plaintiff indicated she had had right knee surgery in 1998 and 2006. (R. 409). While there was mild swelling and mild crepitus in the knee, range of motion was normal, there was no tenderness, no sign of tear, and the knee was stable. (R. 409). X-rays revealed some medial compartment narrowing. (R. 410). The doctor administered a corticosteroid injection. (R. 410). That worked for about four

months, but in April 2014, plaintiff returned and reported that her right knee pain was returning. (R. 412). Again, there was no tenderness, full range of motion, mild swelling and mild crepitus. (R. 412). Plaintiff also reported that her left knee was now locking, and while range of motion was 2 nearly normal, McMurray’s test suggested a possible meniscus tear. (R. 412). X-rays of the left knee were normal (R. 412), but an MRI of the left knee did reveal a meniscus tear. (R. 414). Plaintiff opted for another injection over surgery on the right knee in June 2014, but did elect surgery to repair the meniscus on the left. (R. 414-15). Surgery was scheduled for June 26, 2014 (R. 415),

but was apparently cancelled for some reason – there are no records – and plaintiff’s brief indicates she changed her mind about it. [Dkt. # 16, at 3]. Everything appears to have been fine with plaintiff’s knees until November 2015. [Dkt. #16, at 3]. At that time, a right knee exam revealed mild tenderness, mild swelling, and full range of motion. (R. 551). There was mild tenderness and swelling in the left knee with full range of motion as well. Both knees were stable. (R. 551). Surgery wasn’t an option at that time because plaintiff was undergoing Hepatitis C treatment. (R. 553). Bilateral injections were administered. (R. 551).

In January 2016, examination was much the same, although there was no longer any swelling, and plaintiff indicated that the injections had been successful. (R. 553). Plaintiff returned in March 2016 complaining of left knee pain and wanted to have arthroscopic surgery, which was scheduled for March 7th. (R. 554). By June 2016, surgical portals were well-healed, and she had full weight- bearing capacity, and used crutches to walk. (R. 554). There was mild swelling and tenderness, and a slight reduction of range of motion from 130 degrees to 115. (R. 554). As of December 2016, Dr. Johnson again reported that plaintiff had full weight-bearing on both knees, but chose to use a crutch to walk. (R. 753). By January of 2016, she had discarded the practice. (R. 553).

In January 2017, plaintiff was reporting moderate pain, but was not taking anything for the symptoms. (R. 723). A left knee x-ray in February 2017 showed that osteoarthritis and narrowing of the medial compartment had progressed in the previous three years. (R. 754). MRI showed grade 3 IV chondromalacia. (R. 734). Then there is plaintiff’s bilateral carpal tunnel syndrome. In January 2015, plaintiff reported numbness and tingling in her left arm. (R. 496). She had fallen in November 2014, (R. 496), and underwent left carpal tunnel surgery in July 2015. (R. 400). Follow-up in November revealed mild

swelling, but normal range of motion without difficulty in elbow and fingers. (R. 550). Then it was right hand numbness. In September 2016, examination revealed plaintiff could move her fingers without difficulty, but there was a positive Tinel’s sign and positive Durjkan’s test suggesting carpal tunnel syndrome. (R. 555). She had right carpal tunnel release surgery in November 2016. (R. 753). At follow-up in December, she reported some mild pain and numbness. There was some mild swelling, but she could move her fingers without difficulty. (R. 753). B.

After an administrative hearing – at which plaintiff, represented by counsel, and a vocational expert testified – the ALJ determined plaintiff was not disabled. The ALJ found that plaintiff had the following severe impairments: carpal tunnel syndrome and degenerative joint disease of both knees. (R. 17). The ALJ noted that the plaintiff also suffered from Hepatitis C and cervical spine disorder, but found these impairments were not severe. (R. 17). He said that the Hepatitis C was treated conservatively and studies showed that there was only a small disc herniation in plaintiff’s neck at C6 and mild disc bulging at C4-5 and C6-7. (R. 17). The ALJ also found that plaintiff’s depression was non-severe, causing no more than mild limitations in understanding, remembering

and applying information; interacting with others; concentrating, persisting, or maintaining pace; and adapting or managing herself. (R. 18).

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

Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
United States v. 5443 Suffield Terrace, Skokie, Ill.
607 F.3d 504 (Seventh Circuit, 2010)
Spiva v. Astrue
628 F.3d 346 (Seventh Circuit, 2010)
McKinzey v. Astrue
641 F.3d 884 (Seventh Circuit, 2011)
Edison W. Miller v. John F. Lehman, Jr.
801 F.2d 492 (D.C. Circuit, 1986)
Jelinek v. Astrue
662 F.3d 805 (Seventh Circuit, 2011)
Steven Arnold v. Jo Anne B. Barnhart
473 F.3d 816 (Seventh Circuit, 2007)
Roberta Skinner v. Michael J. Astrue, Commissioner
478 F.3d 836 (Seventh Circuit, 2007)
Bradley Shideler v. Michael Astrue
688 F.3d 306 (Seventh Circuit, 2012)
Nelms v. Astrue
553 F.3d 1093 (Seventh Circuit, 2009)
Berger v. Astrue
516 F.3d 539 (Seventh Circuit, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
Mena v. Saul, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mena-v-saul-ilnd-2019.