Ruiz v. Barnhart

518 F. Supp. 2d 1007, 2006 WL 4942076
CourtDistrict Court, N.D. Illinois
DecidedOctober 30, 2006
Docket05 C 6098
StatusPublished

This text of 518 F. Supp. 2d 1007 (Ruiz v. Barnhart) 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
Ruiz v. Barnhart, 518 F. Supp. 2d 1007, 2006 WL 4942076 (N.D. Ill. 2006).

Opinion

MEMORANDUM OPINION AND ORDER

MICHAEL T. MASON, United States Magistrate Judge.

Plaintiff, Valentina . Ruiz (“Ruiz” or “claimant”), has brought a motion for summary judgment seeking judicial review of the final decision of the Commissioner of Social Security (“Commissioner”). The Commissioner denied Ruiz’s claim for Disability Insurance Benefits (“DIB”) under the Social. Security Act (“Act”), 42 U.S.C. §§ 216(1) and 223. The Commissioner filed a cross-motion for summary judgment asking the, court to uphold the decision of the Administrative Law Judge. The court has jurisdiction -to hear this matter pursuant to 42 U.S.C. § 405(g). For the reasons set forth below, Ruiz’s motion for summary judgment is granted in part and denied in part, the Commissioner’s cross-motion for summary judgment is denied, and the case is remanded for further proceedings consistent with this opinion.

BACKGROUND

Procedural History

Ruiz filed her application for DIB on July 8, 2002. (R. 140-42). . In her application, she alleged an onset date of December 28, 2001. (R. 140). Ruiz’s claim was initially denied on August 27, 2002 and was denied upon reconsideration on December 26, 2002. (R. 92-95, 102-105). On March 18, 2003, Ruiz filed her request for a hearing. (R. 109). Although Ruiz’s request for a hearing was untimely, good cause was. shown for the delay and the ALJ proceeded with the hearing on July 2, 2003. (R. 38-87, 106-108, 115-22). A supplemental hearing was held on October 16, 2003 in Evanston, Illinois before ALJ Cynthia Bretthauer (“ALJ”). (R. 24-37, 129-39). On April 16, 2004, the ALJ issued a written decision denying Ruiz’s request for *1010 benefits. (R. 13-23). On April 28, 2004, Ruiz filed a request for review of the ALJ’s decision. (R. 12). The Appeals Council denied Ruiz’s request for review on August 26, 2005 at which time the ALJ’s decision became the final decision of the Commissioner. (R. 6-8); Zurawski v. Hatter, 245 F.3d 881, 883 (7th Cir.2001). Ruiz subsequently filed this action.

Medical Evidence

On November 5, 2001, Ruiz saw Dr. Eugene Lopez for problems she was having with her hands and low back pain. 1 (R. 218). Dr. Lopez reported that the problem with Ruiz’s hands was getting worse and was causing her to drop things. (Id.). Following the exam, Dr. Lopez put claimant on light duty with a five-pound maximum nonrepetitive work restriction. (Id.). Dr. Lopez prescribed splints for Ruiz to wear on her hands, ordered an MRI of her lumbar spine, and referred her to Dr. Bruce Montella for further evaluation and treatment. (Id.).

An MRI of Ruiz’s lumbar spine was performed on December 22, 2001. (R. 219, 305). The MRI showed that minimal scoliosis was present and at the L3-4 and L4-5 levels, early degenerative changes were seen with some mild loss of normal hydration of their individual nucleus pulposis. (R. 219). Also present at the L3-4 and L4-5 levels, were posterior disc bulges or herniations indenting the ventral surfaces of the thecal sac. (Id.). Narrowing of the right lateral recess at the L4-5 level was also present. (Id.). The remaining discs appeared intact. (Id.).

On December 28, 2001, Dr. Montella saw Ruiz and ordered her to remain off of work until he released her. (R. 299). Ruiz saw Dr. Montella again on January 17, 2002 for back pain and radiating leg pain that she began experiencing following an on-the-job injury, while she was working at Starbucks, that occurred on October 24, 2001. (R. 220). Her pain began with an onset of back pain, followed by radiating right leg, lateral thigh and lateral calf pain. (Id.). Her symptoms include numbness and tingling which is persistent, daily, constant, and worsens with bending, lifting, twisting, increasing exertion and with an onset of fatigue. (Id.).

Dr. Montella examined Ruiz and found her to be well developed and well-nourished. (Id.). Dr. Montella reviewed Ruiz’s MRI and noted that it revealed an L4-5 disc herniation and L3-4 disc bulges. (Id.). Dr. Montella also found that Ruiz’s back injury in October 2001 led to a disc herniation which was the cause of her back and radiating leg pain. 2 (Id.). He recommended treatment including maximizing non-operative management with activity modification, anti-inflammatories and physical therapy. (R. 221, 228). Dr. Mon-tella indicated that based on his objective assessment of Ruiz’s functional capacity at the time, he believed it unreasonable for Ruiz to participate at work in any way. (R. 221, 300).

On January 21, 2002, Dr. Lopez renewed his five-pound maximum lifting restriction that he originally ordered on November 5, 2001. (R. 301). Additionally, he restricted Ruiz to non-repetitive work with varied activities and also noted that she was currently off of work at that time due to a spinal ailment as prescribed by another doctor. (Id.).

*1011 On January 29, 2002, Ruiz attended physical therapy at the Joyner Sports Medicine Institute (“Joyner”). (R. 229). She complained of increasing pain in her lower back and increasing pain and numbness in her right leg which was limiting her activities. (R. 230). She described her pain as throbbing spasms with numbness and tingling. (Id.). An objective exam revealed that Ruiz had poor sitting posture and 50 percent of normal flexion that was limited by pain. (Id.). She had difficulty standing, lifting, walking, and cleaning. (R. 231). She had tightness in her hamstrings and piriformis, muscle spasms in the L/S region, and was unable to tolerate extension exercises. (Id.). The physical therapist noted that Ruiz had good rehabilitation potential. (Id.).

On February 7, 2002, claimant saw Dr. Montella for difficulties that she was having with her back and radiating leg pain. (R. 222). Dr. Montella noted that Ruiz was improving with non-operative management. (Id.). He continued her physical therapy but found that it would be unreasonable for her to work in any way at that time. (R. 222, 228, 302).

On February 7, 8 and 12, 2002, Ruiz attended physical therapy at Joyner. (R. 229). Ruiz complained of lower back pain and right leg pain. (Id.). Joyner recommended further treatment to decrease her pain and increase her flexibility and strength. (R. 229, 294).

Dr. Mark N. Levin performed an independent medical examination (“IME”) of claimant on February 14, 2002. (R. 244-49). At that time, Ruiz’s main complaint was low back pain, with sharp pain going into her right buttock and down her right leg. (Id.). She complained to Dr.

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Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
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417 F. Supp. 2d 949 (N.D. Illinois, 2006)
Strittmatter v. Schweiker
729 F.2d 507 (Seventh Circuit, 1984)

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Bluebook (online)
518 F. Supp. 2d 1007, 2006 WL 4942076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruiz-v-barnhart-ilnd-2006.