Moore v. Astrue

851 F. Supp. 2d 1131, 2012 WL 1086469
CourtDistrict Court, N.D. Illinois
DecidedApril 3, 2012
DocketNo. 10 C 7972
StatusPublished
Cited by60 cases

This text of 851 F. Supp. 2d 1131 (Moore 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
Moore v. Astrue, 851 F. Supp. 2d 1131, 2012 WL 1086469 (N.D. Ill. 2012).

Opinion

MEMORANDUM OPINION AND ORDER

JEFFREY COLE, United States Magistrate Judge.

The plaintiff, Nellie Moore, seeks review of the final decision of the Commissioner (“Commissioner”) of the Social Security Administration (“Agency”) denying her application for Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act (“Act”), 42 U.S.C. § 423(d)(2). Ms. Mueller asks the court to reverse and remand the Commissioner’s decision, while the Commissioner seeks an order affirming the decision.

I.

PROCEDURAL HISTORY

Ms. Moore applied for DIB on December 26, 2007, alleging that she has been disabled since January 1, 2001, due to hereditary hemolytic anemias — or sickle cell anemia — and discogenic and degenerative disorders of the back (Administrative Record (“R”) 45, 80). Her application was denied initially and upon reconsideration. (R. 51, 58). Ms. Moore then filed a timely request for hearing in pursuit of her claim on August 5, 2008. (R. 60).

An administrative law judge (“ALJ”) convened a hearing on August 5, 2009, at which Ms. Moore, not represented by counsel, appeared and testified. (R. 24-44). At this hearing, James Radke testified as a vocational expert. (R. 40-43). On January 4, 2010, the ALJ issued an unfavorable decision, denying Ms. Moore’s application for DIB because she retained the capacity to perform her past sedentary work as a general office clerk. (R. 15-20). The ALJ’s decision became the Commissioner’s final decision on October 18, 2010, when the Appeals Council denied Ms. Moore’s request for review. (R. 1-3). See 20 C.F.R. §§ 404.955; 404.981. Ms. Moore appealed that decision by filing suit in this Court under 42 U.S.C. § 405(g), and both parties consented to jurisdiction here pursuant to 28 U.S.C. § 636(c).

II.

THE RECORD EVIDENCE

A.

The Vocational Evidence

Ms. Moore was born on April 18, 1961, making her forty-nine years old at the time of the ALJ’s decision. (R. 45). She finished a semester of college, but has no other vocational or specialized training. (R. 29). Ms. Moore is 5'2" tall and weighs 217 pounds. (R. 28). She has work experience in a commercial bakery, in data entry, and general office work. (R. 41). For the purpose of receiving DIB, Ms. Moore’s insured status expired September 30, 2003. (R. 45). She has to prove she [1135]*1135was disabled prior to that time. 42 U.S.C. § 423(c); Martinez v. Astrue, 630 F.3d 693, 699 (7th Cir.2011).

B.

The Medical Evidence

Ms. Moore contends that she is eligible for DIB due to her sickle cell anemia. (.Plaintiffs Brief, at 2).1 Additionally, she contends that she is obese and has hypertension, which should be taken into account as well. (Plaintiff’s Brief, at 10-13)

As it stands now, the record, although voluminous, contains precious little evidence to demonstrate what Ms. Moore’s condition was prior to September 30, 2003. In fact, in her brief, Ms. Moore is able to unearth just three pages of medical notes pertaining to that time from the 600-page medical record. (Plaintiffs Brief at 3, 11). On March 12, 2001, Ms. Moore was suffering from a bout of bronchitis. (R. 587-88). Her doctor noted that her blood pressure was stable and that she had sickle cell disease. (R. 587-88). By April 3rd, Ms. Moore’s bronchitis had resolved and she was in no pain; her blood pressure was again within normal limits. (R. 588). On April 25th, Ms. Moore had a follow-up examination for her sickle cell disease. At the time, the doctor noted that his “pt feels fíne [no] complaints,” but said her typical crisis pain occurred in all joints. (R. 589). Ms. Moore had a normal echocardiogram on May 4th. (R. 603). On August 31st, Ms. Moore had a check up for her blood pressure, which was 132/94. She denied any problems with dizziness or vision; she had no edema. (R. 594). On September 14th, her blood pressure was 128/76 and, again, she was asymptomatic. (R. 594). Also in September, Ms. Moore was diagnosed with a cataract in her right eye. (R. 616). Vision was normal in her left eye but 20/50 in her right. (R. 608). With a small myopic shift, she was able to see 20/30. (R. 608). It was determined that she would be treated conservatively. (R. 616).

That appears to be all the medical evidence from the time prior to September 2003. It’s certainly all the evidence — actually more — that Ms. Moore cites in her brief. After 2001, there is no record of any treatment until 2005. In January of that year, Ms. Moore had an appointment for a check up with a new doctor. She related how she worked out of her home scheduling appointments for her husband’s carpet cleaning business. (R. 226). She had no pain or distress; blood pressure was 120/84 and “well controlled on current medications.” (R. 226-27). In November of 2005, Ms. Moore sought treatment for right wrist pain that she thought was due to sickle cell crisis. Hematology revealed it was unrelated. (R. 222). She had a full range of motion in her wrist and some mild tenderness. Blood pressure was normal and it was noted that her hypertension was benign. (R. 222-223). She was diagnosed with DeQuervain’s tenosynovitis — an inflammation of the thumb tendons — and given a splint. (R. 223). About a month later, she had a steroid injection. (R. 449). At that time, she still had full range of motion and mild tenderness. (R. 449). Ms. Moore points to no other evidence in her brief. (Plaintiff’s Brief, at 14, n. 10). She cites no record of any treatment for a sickle cell crisis at any time. Although she claims there is evidence in the record that her blood pressure and obesity exacerbate her condition, the evidence she cites says nothing of the kind. (Plaintiffs Brief at 3-4, citing R. 164, 166, 589, 592-94). Hypertension is invariably referred to as benign. And, although Ms. Moore is clearly [1136]*1136obese at about 200 pounds, no doctor appears to have referred to it as an issue— certainly not in any of the records Ms. Moore cites.

The only mentions of any treatment for sickle cell crisis — and indeed, any reference to a specific incident whether treatment was sought or not or whether sickle cell crisis was confirmed or not — comes from the Commissioner’s brief. In August of 2006, Ms. Moore had right hip pain caused by a trip to St. Louis where the heat was extreme. (R. 369). There was no weakness or numbness, or pain with rotation of the hip. (R. 372-73).

Ms. Moore complained of sickle cell crisis manifesting as right shoulder pain in January 2007. (R. 299). At the time, it was said she had infrequent admissions for crises, but that they had become more common in the previous year. (R. 297, 209). In August of 2007, Ms. Moore sought treatment for a sickle cell crisis. It was precipitated by an upper respiratory infection and manifested as pain in her right hip. She had a full range of motion in her hip without discomfort. (R. 216).

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Cite This Page — Counsel Stack

Bluebook (online)
851 F. Supp. 2d 1131, 2012 WL 1086469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-astrue-ilnd-2012.