Newell v. Astrue

869 F. Supp. 2d 875, 2012 WL 1405731, 2012 U.S. Dist. LEXIS 56080
CourtDistrict Court, N.D. Illinois
DecidedApril 23, 2012
DocketNo. 11 C 1907
StatusPublished
Cited by17 cases

This text of 869 F. Supp. 2d 875 (Newell 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
Newell v. Astrue, 869 F. Supp. 2d 875, 2012 WL 1405731, 2012 U.S. Dist. LEXIS 56080 (N.D. Ill. 2012).

Opinion

MEMORANDUM OPINION AND ORDER

MICHAEL T. MASON, United States Magistrate Judge.

Plaintiff, Charles A. Newell (“Newell” or “claimant”), has brought a motion for summary judgment [26] seeking judicial review of the final decision of the Commissioner of Social Security (“Commissioner”) denying his claim for disability insurance benefits under the Social Security Act, 42 U.S.C. §§ 416(i) and 423(d). The Commissioner filed a cross-motion for summary judgment asking that we uphold the decision of the Administrative Law Judge (“ALJ”) [34]. We have jurisdiction to hear this matter pursuant to 42 U.S.C. § 405(g). For the reasons set forth below, claimant’s motion is granted and the Commissioner’s motion is denied. This case is remanded to the Social Security Administration for further proceedings consistent with this Opinion.

I. BACKGROUND

A. Procedural History

Newell filed his application for disability insurance benefits on December 7, 2007 alleging disability beginning January 1, 2003 due to injuries he sustained to his right leg in a motor vehicle accident. (R. 76.) His date last insured was March 31, 2004. (Id.) Newell’s application was de[878]*878nied initially on April 11, 2008 and again on reconsideration on July 9, 2008. (R. 78-82, 89-92.) Newell then requested a hearing, which was held on July 27, 2009 before ALJ Jose Anglada. (R. 25-73.) At the hearing, both Newell and Vocational Expert (“VE”) Thomas Grzesik testified. (Id.) On September 15, 2009, ALJ Anglada issued his written decision denying claimant’s application for benefits. (R. 10-21.) The Appeals Council denied Newell’s request for review on February 24, 2011, making ALJ Anglada’s decision the Commissioner’s final decision. (R. 1-3); Estok v. Apfel, 152 F.3d 636, 637 (7th Cir.1998). Claimant subsequently filed this action in the district court on March 18, 2011.

B. Medical Evidence

1. Treating Physicians

On July 8, 2003, Newell reported to the emergency room (“ER”) of Morris Hospital in Morris, Illinois after he was involved in a motor vehicle accident. (R. 339.) As he explained to the ER staff, Newell was struck sideways by a moving vehicle while he was sitting at rest on his motorcycle. (Id.) He arrived at the ER five hours later complaining of abrasions to his right leg. (Id.) An x-ray of Newell’s right knee and leg showed that he had not sustained a fracture, though some deformity of the proximal metaphysis of the tibia suggested an old fracture that had healed. (R. 345.) The x-ray also indicated early degenerative changes to the medial knee compartment and an early spur formation to the medial tibia. (Id.) ER physician Dr. Marc Crockett examined Newell and found that he had a normal gait, normal range of motion in the neck, and a normal back with no tenderness. (R. 340.) Newell’s right leg showed two large hematomas on the lower front, but he retained good motor and sensory functioning in his limbs. (Id.) Dr. Crockett diagnosed Newell with an acute right leg contusion resulting from a motor vehicle accident and recommended that he keep the leg elevated for one to two days. (Id.) Newell was released after being advised to take over-the-counter pain medication and to follow up with his family doctor in two to three days. (Id.)

Newell followed these instructions by consulting his regular physician, Dr. Charles Comfort, on July 10, 2003. (R. 319.) Dr. Comfort noted that his right leg was red and swollen, and he recommended that Newell take the prescription pain drug Vicodin to relieve his discomfort. (Id.) One week later on July 17, 2003, Newell visited Dr. Comfort once again. (R. 320.) This time, Newell’s leg had improved from red to yellow, and Dr. Comfort noted that he was feeling better overall. (Id.) On August 5, 2003, Newell complained to his physician that his right knee felt as if it were going to swell and that he had a burning sensation in the right leg. (Id.) Dr. Comfort referred Newell to an orthopedist, Dr. Meyer, but Newell did not follow up on this recommendation. (R. 320-21.) Instead, he returned to see Dr. Comfort several weeks later on September 11, 2003. (R. 321.) His physician noted that Newell was still walking with pain, but significant improvements were seen; the wounds had “healed,” the leg looked “great,” and a full range of motion was observed. (Id.) Overall, Dr. Comfort found that Newell was “90% better.” (Id.)

Unfortunately, as the wounds caused by his vehicular accident were healing, Newell was also suffering from feelings of depression. On December 4, 2003, he consulted with psychiatrist Dr. Mary Cherian complaining that he was “fighting being depressed all the time.” (R. 207.) Newell reported that he was anxious, angry, and irritable, and that he had broken two teeth by force of the muscle tension in his jaw. (Id.) Dr. Cherian noted that Newell felt “overwhelmed” with his home life and ex[879]*879perienced significant tensions with his wife, who was also Dr. Cherian’s patient. (Id.) Newell stated that he had difficulty sleeping and was taking Tamezepam to help him sleep about five hours each night.1 (Id.) He was no longer “enjoying his life” because he could not do his normal activities when he was always worrying about his wife. (Id.) Newell was able to concentrate. (Id.) He had recently lost thirty pounds. (Id.) As Dr. Cherian indicated, Newell was a Vietnam veteran who suffered from disturbing memories, though he did not have flashbacks. (R. 208.) He had some suicidal ideation with a depressed mood and a “sad, tearful” affect. (R. 208, 210.) Dr. Cherian diagnosed Newell as having a major depressive disorder with a seasonal component, anxiety, and post-traumatic stress syndrome (“PTSD”). (R. 210.) The psychiatrist indicated that Newell was not able to afford psychotherapy, and she began his treatment by prescribing 25 mg of Zoloft for one week, and 50 mg thereafter. (Id.)

Newell returned to see Dr. Cherian on January 8, 2004. (R. 206.) Although he was “not back to normal,” Dr. Cherian determined that he was a “little better” after several weeks of treatment on medication. (Id.) He was less nervous and depressed, though he was still experiencing a sense of “impending doom.” (Id.) Dr. Cherian decreased the dosage of Ambien and doubled the level of Zoloft to 100 mg per day. (Id.) By February 9, 2004, Newell’s condition had again improved. (R. 205.) He was calmer and less overwhelmed, and Dr. Cherian noted that he no longer felt suicidal. (Id.) He was still anxious and sad, however, and she increased the level of Zoloft once again to 150 mg per day. (Id.) Newell consulted Dr. Cherian a final time on March 22, 2004. (R. 204.) His mood and affect were better than before, with less irritability. (Id.) Although he still experienced problems with worry, Dr. Cherian determined that his nervousness had improved to a level of four or five out of ten. (Id.)

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Cite This Page — Counsel Stack

Bluebook (online)
869 F. Supp. 2d 875, 2012 WL 1405731, 2012 U.S. Dist. LEXIS 56080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newell-v-astrue-ilnd-2012.