Payne v. Colvin

216 F. Supp. 3d 876, 2016 WL 6092631, 2016 U.S. Dist. LEXIS 144650
CourtDistrict Court, N.D. Illinois
DecidedOctober 19, 2016
DocketNo. 14 C 1233
StatusPublished
Cited by12 cases

This text of 216 F. Supp. 3d 876 (Payne 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
Payne v. Colvin, 216 F. Supp. 3d 876, 2016 WL 6092631, 2016 U.S. Dist. LEXIS 144650 (N.D. Ill. 2016).

Opinion

Memorandum Opinion and Order

Honorable Edmond E. Chang, United States District Judge

Napoleon Payne brought this action for judicial review of the Commissioner’s denial of his application for Supplemental Security Income and Disability Insurance Benefits.1 Payne claims that he suffers from chronic pain in his wrists, leaving him unable to work and therefore eligible for disability benefits under the Social Security Act, 42 U.S.C. § 423. R. 1, Compl.2 The issue in this case is whether the Administrative Law Judge correctly established the onset date of Payne’s disability. Payne avers that he became disabled on June 1, 2006, but the Administrative Law Judge found that Payne did not become disabled until April 26, 2011. So Payne filed this motion to reverse and remand the Administrative Law Judge’s decision, arguing that the Administrative Law Judge failed to follow the Commissioner’s regulations and rulings, thereby committing an error of law. For the reasons set forth below, Payne’s motion is granted and the matter is remanded for further proceedings.

I. Background

Payne first applied for disability benefits on January 3, 2009. R. 10, Administrative Record (“AR”) at 33. In his application, he alleged a disability onset date of June 1, 2006.3 Id. at 33, 176, 187. Payne’s application initially was denied on January 26, [880]*8802010, and denied again on reconsideration on May 17, 2010. Id. at 33. He then requested a hearing in front of an Administrative Law Judge, which was held on March 8, 2012. Id. Following the hearing, the Administrative Law Judge issued an opinion establishing Payne’s disability onset date as April 26, 2011 and granting Payne’s application for benefits after that date, but denying his request for benefits before that date.4 Id. at 33-40. The Appeals Council declined Payne’s request for review on July 31, 2013, rendering the Administrative Law Judge’s ruling the final decision of the Commissioner. Id. at 1; see Villano v. Astrue, 556 F.3d 558, 561-62 (7th Cir. 2009). Payne filed his Complaint with this Court in February 2014, seeking review of the Administrative Law Judge’s decision. See Compl.

A. Factual Background

The Administrative Record supplies the factual background of this case. At the time of his hearing in front of the Administrative Law Judge, Payne was 50 years old and had some high school education.5 AR at 71, 100, 176, 227. From 1986 to 1987, Payne worked as a bus driver.6 Id. at 223. After that, Payne started working as a cable television installer in 1989, a job that frequently required him to climb ladders and lift 25-pound weights. Id. at 242. In 1993, while on the job, Payne fell from a ladder, cracking his skull and breaking both of his arms. Id. at 247. He was hospitalized for several weeks and underwent reconstructive surgery on both wrists. Id. at 305. Payne continued to work as a cable installer until 1999,7 and also started working as a delivery truck driver in 1997.8 Id. at 223. His duties as a truck driver included restocking food products inside a trailer and unloading the products off of the truck. Id. at 224. Sometime in 2005 or 2006, Payne’s employer “let [him] go because [he] couldn’t perform the duties” anymore. Id. at 71-72. Payne has been unemployed since then.

Payne claims that he became disabled on June 1, 2006 because, as of that date, the pain and impairment caused by the bilateral arthrodesis9 of his wrists rendered him [881]*881unable to work. AR at 35. But because of the scarcity of his medical records before 2011, there is no documentation of exactly what medical impairments he had on this date.10 Payne does provide notes from a visit to Dr. Antony George in September 2009.11 Id. at 297-302. Although the purpose of the visit was to address Payne’s complaints of headache-related pain, Dr. George noted that Payne also suffered from “chronic wrist pain.” Id. at 300. The Administrative Record also states that Payne was treated at Oak Park Medical in January and March 2010, but the Record does not contain treatment notes from either of those visits. Id. at 256. In the Record, Payne claims that he was treated by Drs. Hegde and Vest from 2010 to 2012 and Dr. Sarpy from 2011 to 2012. Id. at 283.

In November 2009, Payne underwent a consultative examination with Dr. Anand Lai in connection with his application for disability benefits. AR at 305-14. In his post-examination report, Dr. Lai stated that Payne had “atrophy of the wrist muscles,” limitations in flexion and extension in both wrists, and moderate to severe difficulty gripping and squeezing. Id. at 309, 312. At the examination, Payne also reported headaches and poor vision, which he was doing little to treat due to his inability to afford glasses or pain medication. Id. at 305. Dr. Lai recorded that Payne had stuttered for most of his life, but his speech at the time of the examination was normal. Id. at 313. Dr. Lai concluded that Payne’s condition consisted of: restriction in the range of motion of both wrists; partial atrophy and chronic pain in both wrists; impaired vision; post-traumatic cephalalgia12; history of depression; peripheral arterial disease; stuttering; and history of headaches. Id. at 314.

Payne also underwent a psychiatric examination as part of his claim for disability benefits. He saw Dr. Ana Gil in December 2009. AR at 315-19. Dr. Gil concluded that Payne had moderately severe depressive disorder and noted that he stuttered when he spoke. Id. at 318-19.

State agency physician Dr. Young-ja Kim completed a Physical Residual Function Capacity Assessment of Payne in January 2010. AR at 334-41. The assessment noted that Payne could frequently lift and/or carry ten pounds; occasionally lift and/or carry twenty pounds; sit, stand, or walk about six hours in an eight-hour workday; and push or pull without limitation. Id. at 335. According to Dr. Kim’s assessment, Payne could occasionally climb stairs, stoop, kneel, crouch crawl, and balance, but could never climb ladders, ropes, or scaffolds. Id. at 336. He also had difficulty with gross and fine manipulation. Id. at 337. Finally, Dr. Kim recorded that Payne had limited ability to see faraway objects but did not have communicative limitations. Id. at 337-38.

In April 2011, Payne was found to have an “acute fracture in the distal left ulna” (that is, a fracture in his forearm, closer to the wrist than the elbow). AR at 346. When Payne visited Dr. Dinraj Hegde in May 2011, the doctor recorded that Payne had a fractured forearm and chronic pain [882]*882syndrome but the pain was not affecting Payne’s activity level. Id. at 371-72. Payne had follow-up appointments in May and June 2011 for his fracture. Id. at 345-46.

Payne’s next examination was with Dr. Vest in October 2011. AR at 363-68.

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Bluebook (online)
216 F. Supp. 3d 876, 2016 WL 6092631, 2016 U.S. Dist. LEXIS 144650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-colvin-ilnd-2016.