Zellweger v. Berryhill

354 F. Supp. 3d 921
CourtDistrict Court, E.D. Illinois
DecidedDecember 17, 2018
DocketNo. 17 CV 50195
StatusPublished
Cited by2 cases

This text of 354 F. Supp. 3d 921 (Zellweger v. Berryhill) is published on Counsel Stack Legal Research, covering District Court, E.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zellweger v. Berryhill, 354 F. Supp. 3d 921 (illinoised 2018).

Opinion

Iain D. Johnston, U.S. Magistrate Judge

Plaintiff Michael Zellweger brings this action under 42 U.S.C. § 405(g), seeking reversal and remand of the Commissioner of Social Security's denial of his claim for social security disability benefits. Once again, despite this Court's doubts that a claimant is disabled, after reviewing the administrative records and parties' briefs, this Court is required to remand the Commissioner's decision because of an insufficiently developed decision. The Court understands the overwhelming work load at the administrative level. But if administrative law judges would simply discharge their duties properly, the cases would not boomerang back to them for a redo - a process that only takes more time and causes the government to pay out thousands of dollars in fees to claimants' counsel. This pattern will continue until either the Commissioner makes changes to the system or the Seventh Circuit relaxes the harmless error and Chenery doctrines in Social Security appeals.

I. BACKGROUND

A. Procedural History

On June 7, 2013, Plaintiff filed an application for Disability Insurance Benefits ("DIB") alleging that he became disabled on October 22, 2008.1 R. 69. He alleged a myriad of disabling conditions: back and neck injuries that had required fusion surgery; carpal tunnel syndrome ; pain and limited movement in his shoulders; tinnitus; moderate to severe pain in his legs, arms, hands, neck, and back; diabetes ; depression; anxiety; and arthritis. R. 64, 82, 174. After his application was denied initially and upon reconsideration, Plaintiff requested a hearing. R. 69, 77-87, 89-90. An administrative law judge ("ALJ") conducted a hearing on February 25, 2016, where Plaintiff (represented by counsel), a medical expert ("ME"), and a vocational expert ("VE") all testified. R. 31-63. Two days before the hearing, Plaintiff amended his alleged disability onset date to August 28, 2013, which corresponded to a cervical MRI that, according to Plaintiff, "showed multiple pathology." R. 243-44; see also R. 17, 34-35.

In a March 21, 2016 written decision, the ALJ denied Plaintiff's request for disability benefits. R. 14-30. In doing so, the ALJ applied the five-step sequential evaluation process required by 20 C.F.R. § 404.1520.

*924R. 18-19. At step one, the ALJ determined that Plaintiff had not engaged in substantial gainful activity from his amended alleged onset date, August 28, 2013, through his date last insured ("DLI"), September 30, 2013. R. 19. At step two, the ALJ found that Plaintiff had the following severe impairments through the DLI : cervical and lumbar degenerative disc disease, diabetes, and carpal tunnel syndrome. Id. At step three, the ALJ determined that, through the DLI, Plaintiff did not have any impairments that met or medically equaled the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 ("the Listing of Impairments"). R. 20. At steps four and five, the ALJ concluded that although Plaintiff could not have performed any of his past relevant work through the DLI, he could have performed other jobs that existed in significant numbers in the national economy. R. 24-26. Thus, the ALJ found that Plaintiff was not disabled from August 28, 2013 through September 30, 2013. R. 26. After the Appeals Council denied review of the ALJ's decision, it became the final decision of the Commissioner and, thus, reviewable by this Court. R. 1-5; see 42 U.S.C. § 405(g) ; Haynes v. Barnhart , 416 F.3d 621, 626 (7th Cir. 2005).

B. Relevant Medical History

The relevant medical history comes primarily from the June-September 2013 time frame. On June 19, 2013, Plaintiff visited his primary care doctor, Dr. Michael Merry, seeking a referral for shoulder pain. R. 41-42, 451. At this visit, Dr. Merry's examination showed, among other things, obesity, "bilateral shoulder pain with restricted range of movements in all aspects" that was "likely related to [Plaintiff's] rotator cuff," and "[n]ormal muscle mass, strength and tone" with "[n]o signs of wasting or muscle loss." R. 454. Dr. Merry referred Plaintiff to the orthopedics department for his musculoskeletal complaints. R. 455. Less than a week later, Plaintiff presented to Dr. John Gluscic for his shoulder pain. R. 456-58. Plaintiff reported radiating shoulder, neck, and back pain and, specifically, radicular pain from his shoulder through his arm to his fifth finger (primarily), with intermittent tingling. R. 458.

In early July 2013, Plaintiff presented to Dr. Kevin Draxinger for follow up regarding his neck and shoulder pain. R. 461-63. At this visit, Dr. Draxinger noted the presence of some cervical degeneration. R. 463. On August 23, 2013, Plaintiff presented again to Dr. Draxinger for follow up on his bilateral shoulder pain. R. 464. Plaintiff reported "aching across the back of the shoulder [ ] going down his arms" and that "[a]t times he cannot move his left arm." R. 466. A physical examination revealed that lateral rotation and bending of the neck was restricted by approximately 20 percent. Id. Dr. Draxinger's impression was that Plaintiff had cervical degeneration status post previous surgery2 for possibly adjacent segment disease and bilateral rotator cuff tendonitis, and he ordered an MRI for Plaintiff's cervical spine. Id.

On August 28, 2013, Plaintiff had a cervical MRI taken, which yielded unremarkable results except at the C5-C7 levels. R. 363-64. Dr. Draxinger subsequently interpreted the MRI as showing a disk bulge or herniation at the C5-C6 level. R. 367. Dr. Draxinger then referred Plaintiff to neurosurgeon Dr. M. Marc Soriano for further consultation. R. 57, 366-67, 549. Dr. Soriano examined Plaintiff in September 2013. R. 549. He interpreted the August 2013 cervical MRI as showing "some transitional degenerative disc disease in the cervical spine above" Plaintiff's C6-C7 fusion. Id.

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Bluebook (online)
354 F. Supp. 3d 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zellweger-v-berryhill-illinoised-2018.