Roades v. Astrue

861 F. Supp. 2d 983, 2012 WL 966973, 2012 U.S. Dist. LEXIS 38263
CourtDistrict Court, E.D. Missouri
DecidedMarch 21, 2012
DocketNo. 4:10CV1892 TIA
StatusPublished
Cited by4 cases

This text of 861 F. Supp. 2d 983 (Roades v. Astrue) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roades v. Astrue, 861 F. Supp. 2d 983, 2012 WL 966973, 2012 U.S. Dist. LEXIS 38263 (E.D. Mo. 2012).

Opinion

MEMORANDUM AND ORDER

TERRY I. ADELMAN, United States Magistrate Judge.

This matter is before the Court under 42 U.S.C. §§ 405(g) and 1383(c)(3) for judicial review of the denial of Plaintiffs applications for Disability Insurance Benefits under Title II of the Social Security Act and for Supplemental Security Income benefits under Title XVI of the Act. The parties consented to the jurisdiction of the undersigned pursuant to 28 U.S.C. § 636(c).

I. Procedural History

On February 9, 2009 1, Plaintiff filed applications for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”). (Tr. 77-87) Plaintiff alleged disability beginning July 7, 2007 due to Type I Diabetes, Ketoacidosis, Neuropaty, Hep. C Tumors, Hashimotos Disease, Rheumatoid Arthritis, Tachycardia, Retinopathy, Fibroid Tumors, Alopecia Areata, and High Cholesterol. (Tr. 38, 77) Plaintiffs applications were denied on March 6, 2009, after which Plaintiff requested a hearing before an Administrative Law Judge (ALJ). (Tr. 35-42, 45) On March 15, 2010, Plaintiff appeared and testified at a hearing before an ALJ. (Tr. 21-34) In a decision dated June 8, 2010, the ALJ determined that Plaintiff had not been under a disability from July 7, 2007 through the date of the decision. (Tr. 6-17) The Appeals Council denied Plaintiffs Request for Review on September 8, 2010. (Tr. 1-3) Thus, the decision of the ALJ stands as the final decision of the Commissioner.

II. Evidence Before the ALJ

At the hearing before the ALJ, Plaintiff was represented by counsel. Upon examination by the ALJ, Plaintiff testified that she in a home in St. Ann, Missouri with her husband and daughter. She had a GED, and she completed cosmetology school as well. However, Plaintiff had not been licensed in cosmetology since 1986. She last received unemployment benefits in 2004 or 2005, after working for Keystone Automotive Group. (Tr. 24-25)

When the ALJ noted medical records indicating that Plaintiff was working in 2008, Plaintiff testified that her last date of employment was July 7, 2007. Plaintiff worked for Fenders and More beginning [986]*986in 1998. The company was later purchased by Keystone Automotive. The ALJ then instructed Plaintiffs attorney to clarify hospital records indicating that Plaintiff worked for Fenders and More as of October 2008. (Tr. 25-26)

The Plaintiff further testified that she received worker’s compensation sometime around 1988 for a short period of time. Plaintiff never attended vocational rehabilitation. She had not been in jail, nor had she ever been charged with a DUI or hospitalized for alcohol or drug abuse. (Tr. 26-27)

With regard to Plaintiffs physical impairments that allegedly prevent her from working, Plaintiffs attorney listed those impairments as insulin-dependent diabetes mellitus, rheumatoid arthritis, and peripheral neuropathy. Plaintiff stated that she was diagnosed with diabetes in January 2007 and rheumatoid arthritis in May 2008. She had been diagnosed with, but not treated for, hepatitis C. (Tr. 27-28)

Upon questioning by her attorney, plaintiff testified that she was able to drive a car but had difficulty doing so. She stated that some days would be unsafe for her to drive because she could not turn her neck from right to left due to rheumatoid arthritis. In addition, she had trouble getting in the car because she was wobbly and had difficulty opening the handles. Plaintiff testified that she experienced 20 bad days in a typical month, which were days she could not close her hands to grab a pan or turn a door knob. She also experienced shaky knees and had trouble getting up and down. (Tr. 28-29)

The ALJ then continued to query the Plaintiff. She still smoked cigarettes but only smoked about 4 cigarettes a day with the aid of the patch. However, at the end of 2008, Plaintiff continued to smoke a pack of day. Further, Plaintiff stated that although she was unable to turn a door knob, Plaintiff could still light a cigarette. (Tr. 29-30)

Plaintiff also testified that she had always been compliant with her medications. However, the ALJ pointed out medical records indicating that Plaintiff was hospitalized because she was noncompliant with her insulin. Plaintiff stated that she did not have a doctor treating her with insulin at that time. (Tr. 30)

Upon further questioning by her attorney, Plaintiff stated that she was referring to moving from sitting to standing positions when she stated she could not get up and down. Her knees were equally wobbly, which she attributed to lack of muscle. In addition, Plaintiff stated that she vomited from methotrexate, which she took for rheumatoid arthritis. She took the medication once a week but could not keep anything in her stomach for 3 mornings during that week. Other side effects included feeling “drugged” from Vicodin, her pain medication. (Tr. 30-32)

In a post-hearing addendum, the ALJ noted that Plaintiff was very inconsistent with her answers during the hearing. In addition, medical notes showed a questionable diagnosis of rheumatoid arthritis because she did not have the physical signs. Further, the record was unclear as to when Plaintiff stopped working. (Tr. 32-33)

Plaintiff completed a Function Report— Adult on February 21, 2009. She stated that from the time she woke up until going to bed, she took her medication then fixed something to eat about 2 to 3 hours later. On days when it was painful and difficult to walk or use her hands or arms, Plaintiff would merely get dressed. On good days, she picked up around the house. She could perform activities for about 4 hours before she was exhausted. She ate lunch and took several naps. Her husband made dinner. Plaintiff ate with her family, [987]*987watched television, and went to bed. She woke up about 10 times a night to go to the bathroom. Plaintiff took care of her dog and cat with help from her husband and daughter. Before her condition, Plaintiff could cook, clean, do yard work, shop, and volunteer. She had strength and never had to worry about good and bad days. Aside from no longer being able to perform these activities, her condition caused sleep problems because she constantly had to use the bathroom, and she was unable to find a comfortable position due to pain. With regard to personal care, Plaintiff had problems with zippers, buttons, and bra clasps. She could not sit in the tub because she had trouble pulling herself out. In addition, she had trouble getting out her medications and using insulin syringes. (Tr. 117-18)

Further, Plaintiff reported that she needed reminders to take care of her personal needs and grooming. Specifically, she kept a calendar to remind her to take her medications. She was able to prepare meals. On good days, she could make bacon and eggs, along with other meals. However, her family helped her lift pans. Normally, she fixed leftovers. Plaintiff prepared meals about once or twice a week. She started cooking early because she took 3 to 4 hours to prepare a meal. Before her condition, she cooked large suppers daily. (Tr. 119)

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Cite This Page — Counsel Stack

Bluebook (online)
861 F. Supp. 2d 983, 2012 WL 966973, 2012 U.S. Dist. LEXIS 38263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roades-v-astrue-moed-2012.