Sandra Sikorski v. Nancy A. Berryhill

690 F. App'x 429
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 10, 2017
Docket16-4028
StatusUnpublished
Cited by16 cases

This text of 690 F. App'x 429 (Sandra Sikorski v. Nancy A. Berryhill) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sandra Sikorski v. Nancy A. Berryhill, 690 F. App'x 429 (7th Cir. 2017).

Opinion

ORDER

Sandra Sikorski, a 52-year old who suffers from Crohn’s disease, obesity, depression, and degenerative joint disease in her neck, appeals the district court’s judgment upholding the denial of her application for disability insurance benefits. An administrative law judge found that, despite her impairments, she retained the residual functional capacity to perform her past work as a shipping checker. In reaching this conclusion, however, the ALJ did not make sufficient factual findings about the length of time that Sikorski, who struggled with diarrhea as a result of her Crohn’s disease, needed for bathroom visits. Because we cannot evaluate whether the ALJ accounted for all of the necessary limitations on her ability to work, we reverse and remand for further proceedings.

In 2011 Sikorski applied for disability insurance benefits based on her Crohn’s disease and a litany of other ailments (bulging discs in her neck, arthritis in her .knees and hands, attention-deficit disorder, and depression) that, she said, rendered her unable to work. Sikorski, a high school graduate, previously worked as a part-time collection-agency agent (1997-1998), a full-time customer service representative/ shipping checker for a warehouse (2005-2007), and most recently a part-time customer service representative for a repair and towing company (2008-2009).

Sikorski’s medical records date back to 2005, when she was hospitalized because of abdominal pain and an irritated gallbladder and diagnosed with Crohn’s disease. (She said at that time that she already had suffered from Crohn’s disease for 16 years.) About two weeks after be *431 ing discharged, she developed a complete obstruction in one part of her colon, necessitating what she described as a colon resection. Sikorski said that after this procedure, her diarrhea symptoms “steadily seemed to have gotten a little bit worse.” Her frequent bowel movements became such a significant problem that in 2007 she had to leave her warehouse job; her need to go to the bathroom so often, she said, made it not “worth it” to work full-time.

Over the next four years, Sikorski had continued physical difficulties. In 2008 her gallbladder had to be removed and in 2010 she struggled with neck pain (caused by herniated disks in her lower neck and a painful condition of compressed nerves in her spine) and said that she could no longer work. In 2011 she aggravated her neck pain after a fall, for which she received anti-inflammatory and pain-relieving drugs.

Meanwhile her Crohn’s disease worsened. She returned in mid-2011 to the office of her treating physician, Dr. Nader Aziz, whose staff reported that she had “constant pain and diarrhea” and that she needed six to nine bathroom visits during the day. She was prescribed Apriso, a drug that reduces swelling in the colon. At this appointment, she also was assessed as having attention-deficit disorder (it is not clear from the treatment records what led to this determination) and received a prescription for Vyvanse, a central nervous stimulant, to help her focus her attention.

■ In the fall of 2011, she was evaluated by several doctors in connection with her application for disability benefits and found to have mild mental and physical limitations. She was first examined by an internal medicine physician, who determined that she had mild tenderness in her neck and abdomen and reported that she had diarrhea eight to ten times per day. She then met with a psychologist, who ruled out attention-deficit disorder and deficits in her cognitive abilities, but assessed her as having “some periods of [depression] related to gastrointestinal problems.” Si-korski next visited a psychiatrist, who concluded that her attention deficit hyperactivity disorder did not create a “severe impairment” and caused only “[m]ild” restrictions in activities of daily living and *‘[m]ild” difficulties in social functioning and maintaining concentration. She finally was seen by another doctor, who assessed her physical limitations and determined that she could frequently lift or carry 25 pounds, could sit, stand, or walk for “about 6 hours in an 8-hour workday,” and required no restrictions on what she could push or pull.

In late 2011 the Social Security Administration denied Sikorski’s disability application. She requested reconsideration.

Over the next year, Sikorski continued to report diarrhea and intermittent abdominal pain caused by her Crohn’s disease. She also had bouts with depression.

At her hearing before an administrative law judge in 2018, Sikorski testified about her continuing difficulties relating to her Crohn’s disease and other conditions. She testified that despite trying six different medications, her Crohn’s disease still gave her stomach pain and made her have six to nine sudden episodes of diarrhea each day, requiring bathroom visits of five to ten minutes. She said that her diarrhea began getting worse before her colon surgery in 2005 and became progressively more frequent between 2003 and 2013. She also testified about her neck pain, which she described as a “constant dull” pain that is “tolerable,” and her knee pain, which prevented her from walking more than a block. Regarding her depression, she reported that she was taking two prescrip *432 tions and had seen a psychologist for about a year.

The ALJ then questioned an impartial medical expert, a clinical psychologist, who testified that Sikorski’s major depressive and attention deficit disorders were not severe impairments and created only mild limitations on her activities of daily living, social functioning, and concentration.

The ALJ asked a vocational expert to consider the possible employment opportunities for a person of Sikorski’s age, education, work experience, and particular physical limitations (who could not climb ladders, ropes, or scaffolds, and must only occasionally climb ramps or stairs, stoop, balance, crouch, crawl, or kneel), and the VE concluded that this person could perform Sikorski’s last full-time job as a shipping checker. When the ALJ added the limitation that this person’s work station must be “in proximity to a restroom,” the VE responded that the question was “difficult to answer” because he could not generalize about the location of bathrooms for shipping checker and other jobs. The VE testified that employees generally were allowed five-minute bathroom breaks every two hours but that a person requiring ten-minute breaks would not be able to find “competitive work.”

The ALJ applied the five-step analysis in 20 C.F.R. § 404.1520(a)(4), and found Sikorski not disabled. The ALJ determined that she had not engaged in substantial gainful activity since the alleged onset date of April 1, 2010 (step one); that her Crohn’s disease, degenerative joint disease in her cervical spine, and her obesity were severe impairments (step two); that these impairments did not equal a listed impairment (step three); that she had the residual functional capacity to perform light work, with the limitations of only occasionally climbing stairs, ramps, balancing, crouching, crawling, stooping, or kneeling and never climbing ladders, ropes, or scaffolds; and that she could perform her past job as a shipping checker (step four).

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