Smith v. Colvin

931 F. Supp. 2d 890, 2013 WL 1137188, 2013 U.S. Dist. LEXIS 38329
CourtDistrict Court, N.D. Illinois
DecidedMarch 19, 2013
DocketCase No. 11 C 7034
StatusPublished
Cited by2 cases

This text of 931 F. Supp. 2d 890 (Smith v. Colvin) 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
Smith v. Colvin, 931 F. Supp. 2d 890, 2013 WL 1137188, 2013 U.S. Dist. LEXIS 38329 (N.D. Ill. 2013).

Opinion

MEMORANDUM OPINION AND ORDER

MILTON I. SHADUR, Senior District Judge.

Dayna Charlayne Smith (“Smith”) seeks judicial review pursuant to the Social Security Act (“Act”),1 more specifically 42 U.S.C. §§ 405(g) and 1388(c)(3), of the final decision of then Commissioner of Social Security Michael Astrue (“Commissioner”) 2 denying Smith’s claim for social [892]*892security disability income (“SSDI”) and supplemental security income (“SSI”). Smith has moved for summary judgment under Fed.R.Civ.P. (“Rule”) 56 or alternatively to remand for further proceedings, while Commissioner seeks affirmance of her decision through her own motion for summary judgment. For the reasons stated in this memorandum opinion and order, Smith’s motion to remand is granted, while Commissioner’s motion for a summary judgment of affirmance is denied.

Procedural Background

On February 10, 2009 Smith filed an application for SSDI and SSI, alleging an onset of disability on December 23, 2008 (R. 13). Those claims were initially denied on June 19, 2009, and Smith’s appeal for reconsideration was also denied on January 8, 2010(i<i). Smith then filed a request for a hearing on January 12, 2010(id), and Administrative Law Judge Kimberley Nagle (“ALJ Nagle” or simply “the ALJ”) held that hearing on February 17, 2011 (R. 33).

On March 2, 2011 ALJ Nagle ruled that Smith was not disabled because her impairments did not meet or medically equal any of the impairments listed in the regulations (R. 16). Furthermore, the ALJ concluded that Smith’s impairments were also not disabling after concluding that a significant number of jobs that Smith could perform existed in the national economy (R. 25). Smith requested review by the Appeals Council, but her request was denied on August 4, 2011 (R. 1), rendering ALJ Nagle’s ruling the final decision of the Commissioner (id). On October 5, 2011 Smith filed this action.

General Background

Smith, born on February 3,1964, was 47 years old when ALJ Nagle determined that she was not disabled (R. 173). She has been married since 1997, but at the time of her application she stated that she and her husband had separated (id). Smith has two young daughters for whom she cares with the aid of her sister Michelle Abrams (“Abrams”) (R. 226, 262).

Smith has a high school education and had also completed two years of college before ceasing her education in 1985 (R. 207). Since 1985 Smith has worked primarily in the insurance industry, but in recent years she has worked at various jobs in the retail industry (R. 213). Most recently, from September to December 2008 she worked as a fragrance model for a retail store, passing out perfume samples to potential customers (R. 214).

Smith’s application for disability benefits asserted that several medical conditions prevent her from working. That application identified the causes of her inability to work as kidney failure, liver cirrhosis, gall bladder issues, alcoholic hepatitis and depression (R. 174-75). Smith asserts that those conditions severely restrict her ability to work.

Medical Evidence

Smith’s medical records show a longstanding diagnosis of depression and alcoholism dating back to at least December 1997 (R. 654). Smith’s medical problems were substantially enhanced beginning in early 2008, leading to numerous hospital and doctor visits since that time. In March 2008 Smith began complaining of vomiting, diarrhea and loss of appetite. Smith’s primary physician Dr. Corinna Wojcik diagnosed her with diarrhea, weight loss, depressive disorder and enlarged lymph nodes (R. 305).

[893]*893In October 2008 Smith went to the hospital with complaints of nausea, vomiting and diarrhea. During that visit the doctors noted that Smith suffered from alcohol abuse (R. 486). Soon after that visit Smith entered an alcohol rehabilitation program at Linden Oaks for five days in December 2008 (R. 347).

In January 2009 Smith again went to the hospital with complaints of abdominal pain that had lasted a week. Diagnosing physician Dr. Keith Monson identified her as suffering from renal failure and an inflamed gallbladder (R. 344-45). Dr. Monson specifically assessed Smith as suffering from alcoholism and elevated liver enzymes, which were likely the result of alcoholic cirrhosis, as well as inflammation of the gallbladder (R. 477). Two other doctors at the hospital — Robert King and Anis Rauf — concluded that Smith suffered from poor appetite, a 30-pound weight loss, chronic vomiting, chronic diarrhea and abdominal pain (R. 339). Based on those conclusions Drs. King and Rauf diagnosed Smith with acute renal failure, hypertension, depression, alcohol abuse, chronic diarrhea and anemia (id.).

Later that month Smith underwent testing on her gallbladder, confirming that it was indeed inflamed (R. 474). Then in March 2009 Dr. Monson diagnosed Smith with inflammation of the gallbladder as well as an umbilical hernia, and he performed a surgical operation to remove her gallbladder and repair the hernia (R. 322).

By that time Smith had filed her disability benefits claim with the Social Security Administration. As a result she underwent a psychological evaluation in late May 2009 to assess her mental health status to aid in the adjudication of her claim (R. 409). In her evaluation Dr. Kelly Renzi found Smith’s concentration to be “average” and her memory to be “poor.” Smith said that she had no complications understanding directions and that her mood was depressed. In her conclusion Dr. Renzi diagnosed Smith as meeting the criteria for a depressive disorder and alcohol dependence (R. 411).

In June 2009 Smith underwent another mental health evaluation conducted by Dr. Patricia Beers (R. 413). Dr. Beers found that Smith had “mild” limitations in both her daily living activities and in maintaining social functioning (R. 423). She also found that Smith had a “moderate” limitation in maintaining concentration, persistence or pace and that she had also suffered one or two episodes of decompensation' — each of extended duration (id.). Dr. Beers concluded that Smith suffered moderate limitations in her ability to understand and remember detailed instructions, her ability to carry out detailed instructions and her ability to maintain attention and concentration for an extended period of time (R. 427). Lastly, Dr. Beers found Smith to have moderate limitation in her ability to set realistic goals or make plans independently of others (R. 428).

Dr. Beers’ diagnosis concluded that Smith suffered from an affective disorder characterized by loss of interest in activities, appetite disturbance, decreased energy and difficulty in concentration or thinking (R. 416). She also diagnosed Smith with a substance addiction disorder (id.). Based on her findings and diagnosis, Dr. Beers concluded (R. 425):

Claimant is able to perform basic household chores appropriately. Her social skills are intact. Her memory is somewhat limited; however, other cognitive functions remain intact. Memory difficulties suggest she is best suited to simple one-to-two step tasks and could accomplish more routine tasks. Adaptive capacities remain grossly intact.

[894]*894Dr.

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Bluebook (online)
931 F. Supp. 2d 890, 2013 WL 1137188, 2013 U.S. Dist. LEXIS 38329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-colvin-ilnd-2013.