Pippins v. Callahan

981 F. Supp. 1088, 1997 U.S. Dist. LEXIS 7777, 1997 WL 305297
CourtDistrict Court, N.D. Illinois
DecidedMay 30, 1997
DocketNo. 96 C 5497
StatusPublished

This text of 981 F. Supp. 1088 (Pippins v. Callahan) 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
Pippins v. Callahan, 981 F. Supp. 1088, 1997 U.S. Dist. LEXIS 7777, 1997 WL 305297 (N.D. Ill. 1997).

Opinion

MEMORANDUM AND ORDER

MORAN, Senior District Judge.

Plaintiff George Pippins appeals the final decision of John J. Callahan, Acting Com[1089]*1089missioner of Social Security (Commissioner), denying Pippins’ application for disability insurance benefits (DIB) and supplemental security income (SSI) under Titles II and XVI of the Social Security Act. 42 U.S.C. §§ 423, 1382. Pippins argues that the administrative law judge who decided his ease failed to fully and fairly develop the record, and as a consequence made a decision unsupported by substantial evidence. The Appeals Council compounded this error, Pippins argues, by denying review of the decision, and therefore we should reverse it and remand the case for further proceedings. As is usual in Social Security cases, we are now faced with cross motions for summary judgment pursuant to Fed.R.Civ.P. 56(a) For the reasons stated below, plaintiffs summary judgment motion is granted, and the Commissioner’s is denied.

BACKGROUND

Plaintiff was bom on April 13, 1942, and attended school until the seventh grade. He worked as an operator of plating machines from 1964 to 1967, and from 1969 to 1993. From 1967 to 1969 he served honorably in the armed forces. In 1993 Pippins lost his job as a plater, apparently because the poor state of his health made it impossible for him to continue performing his duties. His claimed infirmities include liver problems, memory loss, diabetes, shortness of breath, severe body aches (particularly in the extremities), weight loss, nausea, seizures, incontinence, depression, and alcoholism.

After his discharge, plaintiff received unemployment and welfare benefits for a time, and he applied for disability benefits from the Veterans Administration and the Social Security Administration. In 1995 the VA granted Pippins a non-service-connected disability pension of $600 a month, finding that “[t]he evidence shows the veteran is unable to secure and follow a substantial gainful occupation due to disability.” Plaintiffs Social Security application met a different fate, however. Both his original application and his request for reconsideration were rejected. On October 23, 1995, plaintiff had a hearing before a visiting judge from Cincinnati (ALJ). The ALJ found that plaintiff had engaged in substantial gainful activity during the period in which he claimed to be disabled, and so he denied the application. The Appeals Council denied Pippins’ request for a review of the ALJ’s decision, and Pippins filed a timely complaint in the district court pursuant to 42 U.S.C. § 405(g).

The hearing before the ALJ was notable in several respects. First of all, the ALJ paid very little attention to the medical aspects of plaintiffs claim, asking him relatively few questions about his claimed infirmities. Rather, he focused primarily on plaintiffs financial situation. Pippins testified that he received approximately $630 per month in income: $600 from the VA and $30 from odd jobs he did around the neighborhood. Pippins also testified that he had some savings from his job, but that he had spent them by the time of the hearing. As for expenses, Pippins said he paid about $400 to his sister every month for rent, food, and household expenses, although this varied from month-to-month, and in some months she lent him money. He also testified that he consumed substantial amounts of alcohol, cigarettes and drugs. The ALJ found that at the height of his substance abuse, Pippins was spending $860 per month for these activities, although by the time of the hearing his substance-related expenses had dropped to $365 per month.

Throughout the hearing the ALJ took a rather condescending attitude toward the plaintiff. One example will suffice. At one point in the hearing plaintiff testified that he had last used heroin shortly after he had been discharged from the armed services. He stated several times that he had not used heroin in 20 years, but could not state the exact year in which he quit. When the ALJ tried to pin him down to a specific date, Pippins responded “I don’t remember, you know.” To which the ALJ responded, “Well, I might conclude you shot up this morning ---- if you can’t remember, I guess that’s what I’d have to guess.” This colloquy gives a sense of the hearing’s overall tone. The ALJ made plaintiff come up with detailed estimates of the amounts and prices of the drugs and alcohol he consumed, and then used any discrepancies in those numbers, or any inability to remember them, as indication of a lack of credibility. Ultimately, the ALJ [1090]*1090found that plaintiffs drug and alcohol expenses, combined with the money he paid to his sister, exceeded his claimed income. Given the discrepancies in these numbers (which the ALJ made plaintiff pull from thin air), the ALJ found that plaintiff must be lying about engaging in substantial gainful activities. This finding was the sole basis for the ALJ’s denial of plaintiff’s claim.

DISCUSSION

Summary judgment is appropriate when there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Renovitch v. Kaufman, 905 F.2d 1040, 1044 (7th Cir.1990). The movant must point to those portions of the record which demonstrate the absence of any genuine issue of material fact, Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986), and the reviewing court must draw all reasonable inferences against summary judgment. See e.g., Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970); Bank Leumi Le-Israel, B.M. v. Lee, 928 F.2d 232, 236 (7th Cir.1991).

Our ability to review the final decision of the Commissioner of Social Security is quite limited. We may only reverse the Commissioner’s decision when it is based upon an error of law or is not supported by substantial evidence. 42 U.S.C. § 405(g); Ehrhart v. Secretary of Health and Human Serv., 969 F.2d 534, 538 (7th Cir.1992); Prince v. Sullivan, 933 F.2d 598, 601 (7th Cir.1991); Burnett v. Bowen, 830 F.2d 731, 734 (7th Cir.1987). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389

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Related

Adickes v. S. H. Kress & Co.
398 U.S. 144 (Supreme Court, 1970)
Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Sullivan v. Zebley
493 U.S. 521 (Supreme Court, 1990)
Curtis v. Sullivan
764 F. Supp. 119 (N.D. Illinois, 1991)
Dotson v. Shalala
1 F.3d 571 (Seventh Circuit, 1993)
Renovitch v. Kaufman
905 F.2d 1040 (Seventh Circuit, 1990)

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Bluebook (online)
981 F. Supp. 1088, 1997 U.S. Dist. LEXIS 7777, 1997 WL 305297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pippins-v-callahan-ilnd-1997.