Norris v. Astrue

776 F. Supp. 2d 616, 2011 U.S. Dist. LEXIS 21029, 2011 WL 830714
CourtDistrict Court, N.D. Illinois
DecidedMarch 2, 2011
DocketCase 09-C-7284
StatusPublished
Cited by42 cases

This text of 776 F. Supp. 2d 616 (Norris 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
Norris v. Astrue, 776 F. Supp. 2d 616, 2011 U.S. Dist. LEXIS 21029, 2011 WL 830714 (N.D. Ill. 2011).

Opinion

MEMORANDUM OPINION AND ORDER

SUSAN E. COX, United States Magistrate Judge.

Plaintiff Lucia Norris seeks judicial review of a final decision of the Commissioner of the Social Security Administration (“SSA”) denying her application for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”) under Title II of the Social Security Act (“Act”). 1 Plaintiff filed a Motion for Summary Judgment, seeking a judgment reversing or remanding the Commissioner’s final decision. For the reasons set forth below, plaintiffs motion is granted [dkt. 20],

PROCEDURAL HISTORY

On June 16, 2006, plaintiff filed an application for DIB and SSI, alleging that she became disabled on May 15, 2005. 2 Plaintiffs claim was denied on January 22, 2007. 3 Plaintiff then filed a request for reconsideration, which was denied on May 4. 2007. 4 Thereafter, on June 8, 2007, plaintiff requested a hearing before an Administrative Law Judge (“ALJ”). 5 Plaintiffs request was granted and a hearing took place before ALJ Cynthia Bretthauer on December 5, 2007. 6 Following the hearing, the ALJ issued an unfavorable decision, finding plaintiff was not disabled at any time between May 15, 2005 through the date of decision, February 26, 2008. 7 *619 Plaintiff then filed a request for review of the ALJ’s decision with the Social Security Administration Appeals Council (“Appeals Council”) on March 28, 2008. 8 The Appeals Council denied review of the ALJ’s decision on September 22, 2009. 9 The ALJ’s February 26, 2008 decision, therefore, stands as the final decision of the Commissioner. Plaintiff filed this action on November 19, 2009.

STATEMENT OF FACTS

A. Introduction and Medical Evidence

This subsection is a brief review of the facts in the medical record that the ALJ reviewed at plaintiffs hearing and considered when rendering her decision. These facts provide a brief summary of plaintiffs medical history and the reasons she applied for DIB and SSI.

Plaintiff was born on July 1, 1952, making her fifty-five years old on the date the ALJ issued her final decision. 10 She finished high school, completed two years of college, and her past relevant work included a child care provider, administrative assistant, retail sales clerk, welfare to work counselor, cashier, and park district coordinator. 11 Plaintiff alleged that she became unable to work on May 15, 2005 due to high blood pressure, pulmonary hypertension, type II diabetes, acid reflux, and sudden blackouts. 12

We begin our review of plaintiffs relevant past medical history starting in March of 2005. On March 4, 2005, plaintiff went to Saint Francis Hospital in Evans-ton, Illinois (“the hospital”) and complained of bilateral leg pain and back pain. 13 She complained that she was unable to walk due to the pain. 14 The radiology report performed on that date reflected no recent fracture, dislocation, bone destruction, or joint effusion. 15 Robert G. Zick, M.D. diagnosed plaintiff with a knee strain and prescribed Vicodin. 16

On August 17, 2005, plaintiff went to the emergency room of the hospital complaining of a syncopal episode from the previous night, which is a temporary suspension of consciousness due to generalized cerebral ischemia. 17 The notes of the plaintiffs primary care physician, Pandelis D. Banias, M.D., reflect that plaintiff woke up at 3:30 a. .m., felt dizzy, had a headache, nausea, vomiting, and passed out. 18 She woke up at 5:30 a.m. and could not remember what happened. 19 The notes also indicate that it was the third episode of syncope in the last two months. 20 During the hospital stay, plaintiff did not experience any further episode of weakness or syncope. 21 The hospital’s course of treatment was to keep plaintiff on aspirin and discontinue use of Aggrenox. 22 After three *620 nights in the hospital, plaintiff was discharged on August 20, 2005 23 on the following medications: Aspirin, Motrin, 24 Allegra, 25 Prevacid, 26 Potassium chloride, 27 Lasix, 28 Singulair, 29 Atenolol, 30 Zocor, 31 Actos, 32 and Cyclobenzaprine. 33

Nine days later, plaintiff was admitted to the hospital with complaints of right upper quadrant abdominal pain lasting on and off for about two months. 34 The notes of Dr. Banias reflect that the pain radiated to the back and subsided all by itself. 35 The notes also show that Dr. Banias advised plaintiff to be admitted for gallbladder workup. 36 Additionally, plaintiff complained of another recent syncopal episode. 37 She did not remember having it but was awoken from the floor by her daughter. 38 The notes show that plaintiff had four similar episodes in the past. 39 On September 3, 2005, plaintiff was discharged from the hospital with a low-fat diet and the following medications prescribed to her: Levaquin, 40 Flagyl, 41 Actos, Zocor, Atenolol, Protonix, 42 Ativan, 43

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Bluebook (online)
776 F. Supp. 2d 616, 2011 U.S. Dist. LEXIS 21029, 2011 WL 830714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norris-v-astrue-ilnd-2011.