Zayed v. Barnhart

278 F. Supp. 2d 908, 2003 U.S. Dist. LEXIS 14619, 2003 WL 22015837
CourtDistrict Court, N.D. Illinois
DecidedAugust 21, 2003
Docket03 C 0378
StatusPublished

This text of 278 F. Supp. 2d 908 (Zayed 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
Zayed v. Barnhart, 278 F. Supp. 2d 908, 2003 U.S. Dist. LEXIS 14619, 2003 WL 22015837 (N.D. Ill. 2003).

Opinion

MEMORANDUM OPINION AND ORDER

DENLOW, United States Magistrate Judge.

I. INTRODUCTION

Plaintiff, Naji B. Zayed (“Claimant”), seeks judicial review of the decision of the Commissioner of Social Security (“Commissioner”) finding him not disabled and denying him Supplemental Security Income (“SSI”) benefits under 42 U.S.C. *911 § 405(g). This case is before the Court on cross-motions for summary judgment. Claimant argues that the Administrative Law Judge (“ALJ”) ignored medical and psychological evidence in determining that Claimant could perform a significant range of medium work, and finding a significant number of appropriate jobs in the national economy. For the following reasons, Claimant’s motion for summary judgment is denied, and the Commissioner’s motion for summary judgment is granted.

II. BACKGROUND FACTS

A. PROCEDURAL HISTORY

Claimant filed an application for SSI on June 1, 2000 alleging that he had been disabled since March 10, 2000. R. 81. His application was denied on September 14, 2000. R. 26. His application was denied again, R. 25, after he requested a reconsideration of the initial determination. R. 80. Claimant requested a hearing before an ALJ on January 24, 2001. R. 39. A hearing was held before ALJ B. Carleton Bailey, Jr. on December 20, 2001. R. 270-90. Claimant was represented by counsel at the hearing. R. 270. In addition to the Claimant, Dr. Earnest Mond testified as the medical expert (“ME”). R. 282-88. Ms. Sisilia Zayed, the Claimant’s wife, and Ms. Gleeann Curr, a vocational expert (“VE”), appeared but did not testify. R. 270, 289.

A supplemental hearing was held on May 16, 2002. R. 291-333. Claimant was again represented by counsel. R. 291. Claimant, Dr. Larry Kravitz, the ME, and Dr. Richard Hamersma, the VE, testified at the hearing. R. 291-333. The ALJ issued a decision on July 25, 2002 finding the Claimant not disabled and denying benefits. R. 13-22. Claimant filed a request for review of the AL J’s decision with the Appeals Council on September 14, 2002, R. 9, which denied review on December 6, 2002. R. 6. Thus, the ALJ’s decision became the final decision of the Commissioner. 42 U.S.C. § 1383(c)(3); 20 C.F.R. § 416.1455.

Claimant filed a complaint seeking review of the final decision of the Commissioner in this Court on January 17, 2003. The case is now before the Court on cross-motions for summary judgment.

B. HEARING TESTIMONY

1. Claimant’s Hearing Testimony

Claimant testified at both the original and supplemental hearings before the ALJ. R. 279-83, 295-314. Claimant was born on July 29, 1947 and was fifty-four years old at the time of the hearings. R. 279. He was born in Palestine and emigrated to the United States in 1969. Id. Claimant has three children; one in college, and an adult daughter and teenage son living at home. R. 296. He pays rent on the an apartment with his daughter’s help. Id. Claimant’s wife is employed as a housekeeper through public aid. R. 296-97. Claimant attended school through the sixth grade in Palestine. R. 299. He reads Arabic, but reads only enough English to understand the newspaper headlines. R. 299. He can not make change at a grocery store. Id.

Claimant’s last employer was American United, a taxi cab company. R. 300. While he was required to make change at this job, he often made mistakes. Id. He worked as a cab driver for this company from January of 1999 through March of 2000. Id. He worked twelve hours per day, until he quit in March 2000 due to chest pain. Id. Claimant went to the emergency room where the doctors diagnosed no heart problems but indicated that he suffered from depression. Id. He had a neurological consultation, and was sent for physical therapy and to a psychiatrist. Id.

*912 Before his employment as a cab driver, the Claimant worked at odd jobs, including stocking shelves at the grocery store and working as a salesman at flea markets. R. 301. He stopped working at the grocery store because he became irritable and nervous around people. Id.

Claimant gained fifty-five pounds after quitting smoking. R. 280. Since quitting, Claimant feels that he has increased arguing with his family and become less active socially. R. 280-81. Smoking reduced Mr. Zayed’s anxiety which is worsened by his coffee consumption of approximately twenty-seven cups per day. R. 281. At the time of the second hearing, Claimant had gained approximately fifteen more pounds R. 295.

Claimant experienced back pain and prostate problems that began in March of 2001. R. 283. Although Claimant was treated successfully for his prostate problems, the problem recurred. Id. His back pain was not relieved after the treatment of his prostate. Id.

Claimant has problems sleeping. R. 303. He goes to sleep at approximately 11:00 p.m., R. 317, and wakes up at approximately 2 a.m. without returning to sleep. R. 303. He begins drinking coffee when he gets up and had approximately nine cups before the supplemental hearing with the ALJ. R. 317. He explained how much he enjoys coffee and indicated that he could not live without it. Id. His doctors have recommended that he stop drinking coffee and begin exercise. R. 304. Claimant exercises in his room by stretching with a rubber band, R. 304, 306, and taking walks outside early in the morning. R. 306.

Claimant does not do any household chores, but sits in his room all day watching TV. R. 305. His wife reminds him to complete personal hygiene tasks. Id. He becomes very irritated when grocery shopping, and taking public transportation. Id. Claimant also experiences chest pain and begins to sweat when he drives for longer than thirty minutes. R. 318. Although able to use public transportation, Claimant becomes irritated because he thinks people are looking at him and sometimes misses his stop. R. 307, 318-19.

In addition to chest pain and anxiety, Claimant suffers from back pain. R. 307. His back pain is not constant, but becomes worse with increased periods of sitting. Id. Claimant experiences chest pain when he becomes irritated-approximately three times per day. R. 308. Claimant took Vioxx in the past for the neck pain, but currently does stretches to help. Id. He takes Selexa for his back pain which has improved his condition. Id. He indicated, however, that the most comfortable position for him is lying down on his side. Id. Claimant also takes Flomax and Prosear for his prostate, Lipitor, Effexor, and Zy-prexa. R. 308-09. Claimant indicated that the Zyprexa has made him eat more and gain weight. R. 309. Claimant gauged the effectiveness of his medications at about fifty per cent. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
278 F. Supp. 2d 908, 2003 U.S. Dist. LEXIS 14619, 2003 WL 22015837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zayed-v-barnhart-ilnd-2003.