Mills v. Colvin

959 F. Supp. 2d 1079, 2013 WL 4083288, 2013 U.S. Dist. LEXIS 117502
CourtDistrict Court, N.D. Illinois
DecidedAugust 14, 2013
DocketNo. 12 C 5896
StatusPublished
Cited by6 cases

This text of 959 F. Supp. 2d 1079 (Mills v. Colvin) 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
Mills v. Colvin, 959 F. Supp. 2d 1079, 2013 WL 4083288, 2013 U.S. Dist. LEXIS 117502 (N.D. Ill. 2013).

Opinion

MEMORANDUM OPINION AND ORDER

RUBEN CASTILLO, Chief Judge.

Anthony Mills (“Plaintiff’) brings this action pursuant to the Social Security Act (the “Act”), 42 U.S.C. § 405(g), seeking judicial review of the final decision of the Commissioner of the Social Security Administration1 (“SSA”) denying Plaintiffs application for Supplemental Security Income (“SSI”) based on disability. Plaintiff requests that the decision of the Administrative Law Judge (“ALJ”) be set aside or, in the alternative, that the matter be reversed and remanded for further proceedings. Presently before the Court is the Commissioner’s motion for summary judgment. For the reasons set forth below, the Commissioner’s motion is denied, and the case is remanded for further proceedings consistent with this opinion.

RELEVANT FACTS2

Plaintiff was born on June 16, 1963, and is a resident of Chicago, Illinois. (A.R. 93.) Plaintiffs most recent employment history includes working as a sales associate, a stock clerk, and a loan processor at a bank. (A.R. 49-54, 210.) Plaintiff filed a claim for SSI on September 17, 2008. (A.R. 95.) Plaintiff’s claim was denied on October 27, 2008. (A.R. 97-101.) Plaintiff filed for reconsideration on January 12, 2009, but his request for reconsideration was denied on June 2, 2009. (A.R. 106.) Plaintiff requested an SSA hearing on July 6, 2009. (A.R. 111.) That hearing was held before an ALJ on August 23, 2010. (A.R. 46.) On November 18, 2010, the ALJ issued a decision denying Plaintiffs claim for SSI benefits. (A.R. 39.)

1. Medical Evidence

Plaintiff suffers from several medical issues, including sickle cell trait, congestive heart failure, hypertension, lower extremity edema, chronic kidney disease, and asthma. (A.R. 258, 291, 676.) Plaintiff alleges that the symptoms brought on by these impairments, including fatigue, shortness of breath, and his need to elevate his feet, prevent him from working. (A.R. 84.)

Plaintiffs relevant medical history began on May 30, 2008, when he was hospitalized at Mercy Hospital and Medical Center (“Mercy”) complaining of shortness of breath for the prior two to three days. (A.R. 249-50.) Plaintiff was diagnosed with congestive heart failure, a scrotal infection, and lower extremity edema. (A.R. 272-308.) The attending physician, Dr. Theo[1082]*1082dore Christou, noted that Plaintiffs edema was caused by his congestive heart failure. (A.R. 272)

Plaintiff was evaluated by Dr. Sujatha Neerukonda on October 22, 2008. (A.R. 675.) Dr. Neerukonda opined that Plaintiff suffered from congestive heart failure, sickle cell trait, uncontrolled hypertension, and an abdominal hernia. (A.R. 682.) Dr. Neerukonda found that Plaintiffs capacity to walk, push, pull, climb, and perform activities of daily living was reduced by 20-50%. (A.R. 679.) Further, Dr. Neerukonda found that Plaintiff could lift no more than twenty pounds at a time with frequent lifting of up to ten pounds. (Id.)

Plaintiff was hospitalized at Provident Hospital of Cook County (“Provident”) on January 5, 2009, again complaining of shortness of breath. (A.R. 716.) Plaintiff was diagnosed with congestive heart failure, hypertension, and lower extremity edema. (Id.) While at Provident, Plaintiff was advised to elevate his lower extremities to reduce the swelling caused by his edema. (A.R. 702.)

Plaintiff was evaluated by Dr. Charles Kenney, a State agency physician, on May 28, 2009. (A.R. 772.) Dr. Kenney completed a physical residual functional capacity (“RFC”) assessment that identified a primary diagnosis of congestive heart failure and a secondary diagnosis of hypertension. (A.R. 765.) Dr. Kenney reported that Plaintiff could occasionally lift twenty pounds and frequently lift ten pounds, could stand and walk for six hours in an eight-hour workday, could sit for about six hours in an eight-hour workday, and had no limitations in terms of pushing and pulling. (A.R. 766.) Dr. Kenney did not explain or identify any evidence that supported his conclusion. (Id.)

Plaintiffs treating physician, Dr. Naveed Mallick, completed a cardiac RFC assessment on July 1, 2009. (A.R. 798.) Dr. Mallick noted that he had treated Plaintiff since January 2009. (A.R 793.) Dr. Mallick reported that Plaintiff suffered from the following symptoms: chest pains, edema, shortness of breath, and fatigue. (Id.) Additionally, Dr. Mallick noted that Plaintiff was capable of performing a low-stress job, as long as Plaintiff was allowed up to four absences a month. (A.R. 794, 797.) Dr. Mallick opined that Plaintiff could frequently lift less than ten pounds, occasionally lift ten pounds, and rarely lift twenty pounds. (A.R. 796.) Dr. Mallick opined that Plaintiffs exertional limitations required that he be able to shift from sitting to standing at will, elevate his legs for 10% of a normal workday, and take three or four fifteen-minute breaks during the day. (Id.) Dr. Mallick did not indicate the height of Plaintiffs leg elevation or how long Plaintiff could sit and stand in a normal workday. (A.R. 796.)

Dr. Mallick completed a second cardiac RFC assessment on August 23, 2010, and modified his findings from the previous year. (A.R. 810.) In 2010, Dr. Mallick noted that Plaintiff suffered from the following symptoms: shortness of breath, fatigue, and weakness. (Id.) The doctor opined that Plaintiff could sit for approximately two hours and stand for two hours in an eight-hour workday and that he required a ten-minute break every hour. (A.R. 811.) Dr. Mallick repeated his finding that Plaintiff would need a job where he could shift between sitting, standing, and walking at will. (Id.) Dr. Mallick opined that during a typical workday, Plaintiffs symptoms were frequently severe enough to interfere with the attention and concentration he would need to perform even simple work tasks. (Id.) Dr. Mallick adjusted his original findings with regard to Plaintiffs leg elevation limitations, finding that Plaintiff needed to elevate his legs for 15%, rather than 10% of the day. (A.R. 812.) Additionally, Dr. Mallick noted that Plaintiff needed to elevate his legs to waist [1083]*1083level. (Id.) Dr. Maffick found that Plaintiff could occasionally lift less than ten pounds, rarely lift ten pounds, and never lift twenty or fifty pounds. (Id.)

II. The ALJ Hearing

ALJ José Anglada conducted the SSA hearing on August 23, 2010. (A.R. 46.) Plaintiff appeared in person and was represented by his attorney, Sally Horton. (Id.) A vocational expert (“VE”), Richard Hamersma, provided additional testimony. (Id.)

A. Plaintiffs Testimony

Plaintiff testified that he lives alone in a subsidized apartment and has completed one year of college. (A.R. 48-49.) Plaintiff testified that the last time he worked was in May 2007, as a sales associate at a department store. (A.R. 49-50.) From March 1990 until December 1997, Plaintiff processed loan payments as a credit clerk at Citicorp. (A.R. 51-56.) In this position, Plaintiff was sometimes required to lift boxes that weighed ten to fifteen pounds, but he testified that he used a cart when he had to carry more than one box. (A.R.

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Cite This Page — Counsel Stack

Bluebook (online)
959 F. Supp. 2d 1079, 2013 WL 4083288, 2013 U.S. Dist. LEXIS 117502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mills-v-colvin-ilnd-2013.