Unger v. Barnhart

507 F. Supp. 2d 929, 2007 U.S. Dist. LEXIS 63508, 2007 WL 2410070
CourtDistrict Court, N.D. Illinois
DecidedAugust 27, 2007
Docket05 C 2780
StatusPublished
Cited by4 cases

This text of 507 F. Supp. 2d 929 (Unger 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
Unger v. Barnhart, 507 F. Supp. 2d 929, 2007 U.S. Dist. LEXIS 63508, 2007 WL 2410070 (N.D. Ill. 2007).

Opinion

MEMORANDUM OPINION AND ORDER

MICHAEL T. MASON, United States Magistrate Judge.

Sandra Unger (“Claimant”) has brought a motion for summary judgment seeking *931 judicial review of the final decision of the Commissioner of Social Security (“Commissioner”). The Commissioner denied Claimant’s request for Disability Insurance Benefits under the Social Security Act (“Act”), 42. U.S.C. §§ 416(1) and 423. The Commissioner filed a cross-motion for summary judgment asking that we uphold the decision of the Administrative Law Judge (“ALJ”). We have jurisdiction to hear this matter pursuant to 42 U.S.C. § 405(g). For the reasons set forth below, Claimant’s motion for summary judgment is granted, the Commissioner’s motion is denied and this case is remanded for further proceedings consistent with this opinion.

BACKGROUND

I. Procedural History

Claimant filed an application for Disability Insurance Benefits (“DIB”) on August 26, 2002. (R. 54-56). In her application, she alleged an onset date of July 31, 1990. (R. 54). Her application was denied initially on October 28, 2002 and again on July 7, 2003 after a timely request for reconsideration. (R. 30-33, 35-38). Claimant then requested a hearing on August 4, 2003. (R. 41). The hearing was held on September 15, 2004 before ALJ Richard J. Boyle. (R. 296). Claimant testified at the hearing as well as Medical Expert (“ME”) Dr. John Cavenagh. (R. 300-11). ALJ Boyle issued a written decision denying Claimant’s request for benefits on December 2, 2004. (R. 12-20). The ALJ found that Claimant did not become disabled prior to the expiration of her date last insured (“DLI”), June 30, 1996. 1 (R. 20). The Appeals Council then denied Claimant’s request for review on March 29, 2005 and ALJ Boyle’s decision became the final decision of the Commissioner. (R. 5-7); Estok v. Apfel, 152 F.3d 636, 637 (7th Cir.1998). Claimant subsequently filed this action in the district court.

II. Medical Evidence

Claimant was diagnosed with poliomyelitis, a viral infection affecting the central nervous system, in 1956. (R. 155, 255). She was three years old at the time. (Id.). Soon after her diagnosis, Claimant reported that she underwent fascia transplant surgery. (R. 255). For the next several years, Claimant wore leg braces. (Id.).

Claimant visited Sherman Hospital for x-rays in August of 1980 and again in October of 1984. The x-ray dated August 14, 1980 indicates marked deformities of Claimant’s lumbar spine and pelvis as well as poorly developed iliac bones. (R. 283). This x-ray report also notes the presence of rotatory scoliosis in the lumbar region of the spine. (Id.). The x-ray dated October 5,1984 states that there is a considerable degree of deformity of the rib cage on account of marked dorsolumbar kyphosco-liosis (an outward curvature of the lumbar spine). (R. 282).

On December 1, 1989, Claimant saw her cardiologist, Dr. Timothy Wang, at the Valley Medical and Cardiac Clinic. (R. 125). Dr. Wang noted Claimant’s history of polio, five previous back operations, and multiple leg operations “to correct the ravages of her polio.” (Id.). Dr. Wang noted that Claimant’s physical examination was unremarkable “except for her multiple muscular skeletal problems.” (Id.). At the time of Dr. Wang’s examination, Claimant was already taking Vasotec for hypertension. (Id.). Dr. Wang performed a cardiac examination, an electroeardio- *932 gram, and an echocardiogram on Claimant and concluded that she did not suffer from any organic heart problems. (Id.). However, in light of Claimant’s hypertension and history of palpitations, Dr. Wang prescribed Inderal. (Id.).

Claimant complained of severe left hip pain and had an x-ray of her left hip and spine taken on April 25, 1994. (R. 281). The x-ray showed severe scoliosis of the lumbar spine, deformity of the pelvis, extensive spondylosis and mild arthritic changes in the left hip consistent with a finding of right sacroiliitis. (Id.).

Claimant saw Dr. Wang again on May 4, 1994. (R. 119, 124). Dr. Wang noted Claimant’s “severe scoliosis.” (R. 119). He further noted that she was “moderately obese” and had put on weight since her last visit in 1991. (R. 119,124). Dr. Wang also reported that Claimant’s heart palpitations were “quite well controlled” by the Inderal he had prescribed to her in 1989. (R. 119). Dr. Wang also noted that Claimant had complained of “pain in the hips when she walks” and had subsequently cut back on exercising. (Id.). Dr. Wang advised Claimant to continue to exercise and recommended a stationary bicycle as the best method of exercise in light of Claimant’s hip problems. (Id.). He then renewed Claimant’s prescriptions of Inderal for heart palpitations and Vasotec for blood pressure. (Id.).

An x-ray dated February 26, 1996 indicates marked kyphoscoliosis of the thora-columbar spine. (R. 280).

Claimant returned to Dr. Wang’s office on several occasions during the period from 1996 to 1999. On July 12, 1996, Dr. Wang noted an increase in Claimant’s cholesterol level and made an initial recommendation of diet changes. (R. 123). On June 11, 1997, Dr. Wang prescribed a series of medications including Monopril, Me-toprolol, Dyazide and Lipitor to control her cholesterol levels. (R. 121). In a report dated April 23, 1999, Dr. Wang indicated that Claimant’s EKGs had not changed since her first visit in 1989 and she exhibited no evidence of a previous myocardial infarction. (R. 117). He also noted Claimant’s long standing history of scoliosis secondary to previous polio. (Id.). He encouraged Claimant to lose weight and recommended regular exercise in light of her skeletal abnormalities. (Id.).

Claimant saw her new primary treating physician, Dr. Akhileswari Yeshwant, for the first time on April 1, 1999. (R. 186). At that time, Dr. Yeshwant reported that Claimant was 4' 8" and weighed 186 pounds. (R. 187). Dr. Yeshwant noted Claimant’s kyphoscoliosis and indicated that she may suffer from postpolio syndrome. (Id.). On May 11,1999, Dr. Yesh-want noted that Claimant’s weight had increased to 188 pounds and she complained of no longer being able to walk a block. (R. 185). Dr. Yeshwant recommended Claimant gradually increase the length of her walks and suggested she avoid fats and red meat. (Id.).

Claimant visited Dr. Yeshwant again on August 3, 1999 complaining of pain in her lower back that radiated down her left leg. (R. 184). Dr. Yeshwant diagnosed Claimant as suffering from both sciatica and a lumbar sprain and prescribed rest, limited exercise, and painkillers including Advil and Naprosyn. (Id.). Dr. Yeshwant noted that Claimant stated she “babysits her granddaughter”. (Id.).

Claimant was seen at the Emergency Room at Provena St.

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507 F. Supp. 2d 929, 2007 U.S. Dist. LEXIS 63508, 2007 WL 2410070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/unger-v-barnhart-ilnd-2007.