Nichols v. Colvin

10 F. Supp. 3d 896, 2014 WL 222729, 2014 U.S. Dist. LEXIS 6843
CourtDistrict Court, N.D. Illinois
DecidedJanuary 21, 2014
DocketNo. 12 C 9183
StatusPublished
Cited by1 cases

This text of 10 F. Supp. 3d 896 (Nichols 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
Nichols v. Colvin, 10 F. Supp. 3d 896, 2014 WL 222729, 2014 U.S. Dist. LEXIS 6843 (N.D. Ill. 2014).

Opinion

MEMORANDUM OPINION AND ORDER

MATTHEW F. KENNELLY, District Judge:

An Social Security Administration (SSA) administrative law judge (ALJ) denied Delois Nichols’ claim for supplemental security income benefits (SSI), finding she was not disabled. Nichols has appealed the decision. Both Nichols and the Commissioner of Social Security have moved for summary judgment. For the reasons stated below, the Court grants Nichols’ motion, denies the Commissioner’s motion, and remands the case to the SSA for further consideration.

Background

Nichols filed her application for SSI benefits in August 2009. She stated that she suffered from depression, asthma, back problems, arthritis in her knees and shoulder, and headaches, all of which she said had interfered with her ability to work since July 2002. She also stated that she stopped working as a home care provider in April 2006 after falling and breaking her shoulder.

The SSA first denied Nichols’ application in December 2009 and did so again in September 2010. Nichols requested a hearing on her claim before an ALJ; the hearing took place in May 2011 in Chicago. Nichols testified at the hearing, answering questions from both the ALJ and her own attorney, followed by testimony from a vocational expert. Two months later, the ALJ issued his decision that Nichols had not been under a disability since the date of her application. In September 2012, the SSA’s Appeals Council declined to review the ALJ’s decision, making the ALJ’s decision the final commission of the Commissioner. R. I.1

In his opinion, the ALJ applied the five-step sequential evaluation process outlined in the applicable Social Security regulations to determine whether an individual is [899]*899disabled. See 20 C.F.R. § 404.1520(a). At step one, the ALJ determined Nichols had not performed substantial gainful activity since the date of her application in 2009, although she had done some work that did not qualify as substantial and gainful. At step two, he concluded that Nichols had impairments qualifying as severe under 20 C.F.R. § 416.920(c): affective mood disorder, history of anxiety-related disorder, asthma, arthritis, and substance abuse.

At step three, the ALJ found that Nichols’ impairments did not “meet[ ] or medically equal[] one of the listed impairments” in 20 C.F.R. § 404, Subpart P, Appendix 1. R. 25. For physical impairments, the ALJ reported “that all of the listings under the Listing of Impairments were reviewed and considered in conjunction with the entire record,” id., specifically referencing Sections 3.03 (asthma), 1.02 (major dysfunction of a joint), and 1.04 (disorders of the spine). He found that Nichols’ ailments in these areas did “not approach the level of severity set forth in any section of the Listings of Impairments.” Id.

As for Nichols’ mental impairments, the ALJ concluded that they did “not meet or medically equal the criteria of listings 12.04, 12.06, and 12.09.” Id. at 26. In this regard, the ALJ considered whether “paragraph B” criteria were satisfied. Each of the subsections of Part 12 of Appendix 1, including 12.04, 12.06, and 12.09,2 has a paragraph B requiring that the claimant’s disabilities result in at least two of the following:

1. Marked restriction of activities of daily living; or
2. Marked difficulties in maintaining social functioning; or
3. Marked difficulties in maintaining concentration, persistence, or pace; or
4. Repeated episodes of decompensation, each of extended duration.

The ALJ found that Nichols had a mild restriction in her daily living activities, moderate difficulties in social functioning and concentration, persistence, or pace, and found in the record no episodes of decompensation of extended duration.

The ALJ next found that the evidence in Nichols’ case also failed to meet the “paragraph C” criteria. There is a paragraph C in subsections 12.04 and 12.06 listing factors an ALJ can consider instead of the paragraph B factors; he found that Nichols’ record contained “no medically documented history ... of repeated episodes of decompensation, residual disease process resulting in marginal adjustment, or a current history of inability to function outside a highly supportive living arrangement.” Id. at 26-27.

The ALJ went on to consider step 4, which requires him to assess Nichols’ residual functional capacity (RFC) and past relevant work. He concluded that Nichols had the RFC “to perform a range of light work as defined in 20 C.F.R. 416.967(b).” Id. “Specifically,” he wrote,

the claimant can lift/carry 20 pounds occasionally and 10 pounds frequently, stand/walk for about 6 hours in an 8-hour workday, and sit for about 6 hours in an 8-hour workday with normal rest periods. She is unable to work at heights or frequently climb ladders or stairs.... [T]he claimant would be unable to understand, remember, and carry out detailed and complex job instructions. She is not suited for work that requires intense focus and concentration [900]*900for extended periods. She may interact only occasionally with the general public. Additionally, the claimant can only occasionally reach overhead with the non-dominant left upper extremity. .

Id. at 27.

To reach this assessment at step four, the ALJ concluded that although Nichols’ medically determinable impairments could reasonably cause her alleged symptpms, her “statements concerning the intensity, persistence and limiting effects of these symptoms are not credible to the extent they are inconsistent with the above residual functional capacity assessment.” Id. at 28. To reach this finding, he made several factual determinations. First, he reviewed many of Nichols’ own statements about her symptoms, activities, and abilities from various interviews and from the hearing before the ALJ. He then pointed out several inconsistencies in Nichols’ past statements about her abstinence from drugs, and noted that her reports of hallucinations varied in different interviews. He proceeded to state that Nichols “is capable of a range of ‘light’ exertional work,” id. at 29, citing for his finding two reports from consultative examinations performed in November 2009 and June 2010 for the Bureau of Disability Determination Services. See id. at 279-87; 372-75. The ALJ also evaluated Nichols’ mental wellness history, tracking her reported drug and alcohol use and general demean- or from April 2010, when she “beg[a]n seeking persistent therapy,” through April 2011. Id. at 29-30. He again noted the June 2010 consultative examination, where Nichols had normal memory, appearance, judgment, and behavior, and “was appropriate, polite, pleasant, and cooperative.” Id. at 30. In all, the ALJ concluded, Nichols had “experienced significant improvement” with treatment. Id.

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Bluebook (online)
10 F. Supp. 3d 896, 2014 WL 222729, 2014 U.S. Dist. LEXIS 6843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-colvin-ilnd-2014.