Rozgowski v. Callahan

982 F. Supp. 660, 1997 U.S. Dist. LEXIS 18748, 1997 WL 718809
CourtDistrict Court, E.D. Missouri
DecidedSeptember 25, 1997
DocketNo. 4:96CV1194 CDP
StatusPublished

This text of 982 F. Supp. 660 (Rozgowski v. Callahan) 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
Rozgowski v. Callahan, 982 F. Supp. 660, 1997 U.S. Dist. LEXIS 18748, 1997 WL 718809 (E.D. Mo. 1997).

Opinion

MEMORANDUM AND ORDER

PERRY, District Judge.

This is an action under 42 U.S.C. § 405(g) for judicial review of the defendant’s final decision denying the plaintiffs application for disability insurance benefits under Title II of the Social Security Act. Both parties have moved for summary judgment.

Procedural History

On August 4, 1993, plaintiff Patricia Roz-gowski filed an application for disability insurance benefits pursuant to Title II of the Social Security Act, 42 U.S.C. § 401 et seq. alleging a disability by reason of a ruptured disc, pinched nerve, nervous disorder, and depression. (Tr. 11, 141). The application was denied initially on October 29, 1993 (Tr. 97-100) and upon reconsideration on March 29, 1994 (Tr. 69-72). Plaintiff requested a hearing which was held on June 1, 1994, before Administrative Law Judge (“ALJ”) H. Lloyd Kelley, III. The ALJ determined that plaintiff was not under a disability at any time during which she met the special earnings requirement. (Tr. 8-24). The Appeals Council denied review of the ALJ’s determination on February 9, 1996. (Tr. 4-5). Thus, the decision of the ALJ stands as the final determination of the Commissioner.

Evidence Before the Administrative Law Judge

Evidence before the ALJ consisted of plaintiffs testimony at the June 1, 1994 hearing, documents from her medical providers and hospital records, and forms she completed in pursuing benefits. In addition, plaintiff submitted a list of medications and her work history at the request of the ALJ. There was no testimony by a Vocational Expert.

A. Plaintiff’s Testimony

At the time of the hearing, plaintiff was fifty-two years old. She testified that she was married and lived in the City of St. Louis with her husband and thirty-two year old son. (Tr. 38, 53-54). Their home is a one-story house. (Tr. 54). Plaintiff attended high school for three months. (Tr. 48). Her husband is employed outside the home as a cement finisher, but does not work during the winter. (Tr. 62, 65).

With respect to her work history, plaintiff testified that her longest period of employment was two years during which she worked at the St. Louis zoo. Plaintiff testified that she began her employment there in May 1980 and worked for approximately a year and a half, before taking a two-year leave. While employed at the zoo, plaintiff worked at the concession stand. She also worked cleaning the primate house. Plaintiff worked at McDonald’s in 19922 until she injured her back. (Tr. 41).

Plaintiff testified that, at the time of the hearing, Dr. Mario Alonso, M.D., had been treating her for two or three years for high blood pressure. (Tr. 44). She testified that the medication “helps quite a bit” to keep her blood pressure under control. Plaintiff stated that Dr. Alonso also prescribes medication for an underactive thyroid. Plaintiff testified that she has required thyroid medication for approximately twenty-four years and will continue to need it throughout her lifetime.

Plaintiff complained of having dizzy spells daily which require her to rest. She also stated that she had blurred vision and experienced a “flash” from the side of her eye. She had acquired reading glasses two years before the hearing but had “procrastinated” about returning to the eye doctor. (Tr. 45-47).

[663]*663Plaintiff testified that she is also treated by Dr. Abraham Hawatmeh, who performed two bladder operations and prescribes medication for ongoing bladder problems. (Tr. 51). She has office visits with him every- six months. (Tr. 52). Dr. Smith, plaintiffs gynecologist, performed a hysterectomy in 1982 and prescribes hormones. (Tr. 51, 45). The record contains no documents from Drs. Ha-watmeh or Smith.

Plaintiff testified that she had been treated for depression for twenty-seven years by psychiatrist Dr. Rolf Krojanker, M.D. Plaintiff testified that she had a “nervous breakdown” at age 26 and was hospitalized four or five times. According to her testimony, plaintiffs longest hospitalization lasted three months. (Tr. 38-40). Her last hospitalization was approximately fifteen years before the hearing, (Tr. 66), and was due to withdrawal from Valium. (Tr. 50-51). Dr. Kro-janker advised plaintiff to attend Recovery Incorporated, a weekly support group. She testified that she has attended sporadically since 1972. In the previous two years, she had attended eight sessions. Dr. Krojanker also invited her to attend a weekly therapy group at Lutheran Hospital, but she has attended only a few times. (Tr. 56-58).

Plaintiff testified that in 1991,3 while working at McDonald’s, she injured her back and received treatment at St. Anthony’s Hospital. Plaintiff testified that she was seen by Drs. O’Day, Rifldn, and Mishkin. (Tr. 41-43). She received physical therapy at St. Anthony’s for two weeks following her back injury and was prescribed exercises to complete at home. She testified that she discontinued the exercises because they were too painful and caused her to become upset and cry. (Tr. 60-61). Currently, plaintiff periodically receives pain medication from Dr. Alonso. (Tr. 65).

Plaintiff testified that because of her back injury she is unable to lift her grandchildren or walk much distance, and she has a lot of back pain. Plaintiff stated that she can use a vacuum but “she has to sit in between and does not do it that often.” She testified that her husband usually does the vacuuming and laundry. (Tr. 43, 64). Plaintiff claims that the depression prevents her from functioning and that when the depression does not interfere, the back pain .requires her to lie down or sit. (Tr. 44).

Plaintiff testified that she can sit for about one-half hour before she experiences pain down the side and back of her left leg. She also experiences pain from her lower back to her neck. (Tr. 48). Similarly, she can stand for one-half hour before experiencing pain in her lower back. She shifts her weight from one leg to the other to alleviate the pain in her left leg. (Tr. 58). Plaintiff also claims to have pain in her lower back and up toward her neck which causes her to have problems going up and down stairs, pulling things toward her, and lifting things. Sometimes the pain extends across her back. (Tr. 48-49). Plaintiff testified that she tried one day to do laundry but that on her third trip up the basement stairs, the pain in her lower back was so severe she had to crawl up the stairs. (Tr. 49). Plaintiff can walk about two or three blocks, but then has to rest for about half an hour, due to pain and shortness of-breath. (Tr. 58-60). Plaintiff can lift five pounds but does not know whether she can lift ten pounds.

Plaintiff testified that she is five feet, two inches tall and weighs 240 pounds. Her ideal weight is 120 pounds. She has weighed 220 pounds or more for the past ten years. Her doctors all advised her to lose weight. She testified that a dietician once told her she was “borderline diabetic” and needed to control her weight, but' instead of losing weight she gained an additional seventy pounds. She attributes some of the weight gain to the antidepressant medication she took in the past. (Tr. 52-53).

Plaintiff holds a driver’s, license but drives infrequently. She becomes frightened when driving.

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982 F. Supp. 660, 1997 U.S. Dist. LEXIS 18748, 1997 WL 718809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rozgowski-v-callahan-moed-1997.