Hunt v. Colvin

Filing 19

OPINION (See Written Opinion): Plaintiff Yauseaffe Hunt's Motion for Summary Judgment (d/e 9 ), is ALLOWED, and Defendant Commissioner of Social Security's Motion for Summary Affirmance (d/e 12 ) is DENIED. The decision of the Commissioner is REVERSED and REMANDED for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). All pending motions are denied as moot. THIS CASE IS CLOSED. Entered by Magistrate Judge Tom Schanzle-Haskins on 3/15/2016. (VM, ilcd)

E-FILED

Tuesday, 15 March, 2016 03:12:45 PM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS, SPRINGFIELD DIVISION
YAUSEAFFE HUNT,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of
Social Security,
Defendant.

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No. 14-cv-3098

OPINION
TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE:
Plaintiff Yauseaffe Hunt appeals from the denial of his application for
Supplemental Security Income Disability Benefits (SSI) under Title XVI of
the Social Security Act. 42 U.S.C. §§ 1381a and 1382c. This appeal is
brought pursuant to 42 U.S.C. §§ 405(g) and 1383(c). Hunt has filed a
Motion for Summary Judgment (d/e 9), and Defendant Commissioner of
Social Security has filed a Motion for Summary Affirmance (d/e 12). The
parties consented, pursuant to 28 U.S.C. § 636(c), to proceed before this
Court. Consent to the Exercise of Jurisdiction by a United States
Magistrate and Reference Order entered December 31, 2015 (d/e 18).
For the reasons set forth below, the Decision of the Commissioner is
REVERSED and REMANDED.
Page 1 of 30

STATEMENT OF FACTS
Hunt was born on August 21, 1974. He completed the twelfth grade
in school. He took some special education courses in math and social
studies. He previously worked as an athletic director, community worker,
and fundraiser supervisor. He last worked in the second quarter of 2011.
Hunt earned a total of $4,300.00 in the first and second quarters of 2011.
Certified Transcript of Proceedings before the Social Security
Administration (d/e 7) (R.), 31, 35, 122, 242, 487.
Hunt suffers from cocaine-induced cardiomyopathy; congestive heart
failure; Level III obesity; hypertension; obstructive sleep apnea; periodic leg
movement disorder; chronic obstructive pulmonary disorder (COPD);
umbilical hernia status post-surgical repair; diabetes mellitus, Type II; and
adjustment disorder with depressed mood. R. 12.
On October 7, 2010, Hunt went to see a Physician’s Assistant Kendra
Bowen at Centralia Family Health Center in Centralia, Illinois. Hunt’s blood
pressure was 196/125, his pulse was 108, and he weighed 295.5 pounds.
On examination, Bowen heard pulmonary wheezing and rhonchi. Bowen
sent Hunt to the emergency room because of dangerously high blood
pressure. R. 399-400. The parties do not cite to any medical records from

Page 2 of 30

Hunt’s visit to the emergency room on that date. The Court has also not
found any records of an emergency room visit on or about that date.
On March 7, 2011, Hunt saw cardiologist Dr. Malik Rahim, M.D., with
complaints of shortness of breath. Early in the morning on the following
day, Hunt experienced severe chest pain. Early on March 8, 2011, Hunt
went to the emergency room at St. Mary’s Good Samaritan Hospital in
Centralia, Illinois (Good Samaritan). Hunt reported that he smoked a pack
of cigarettes a day. Hunt also had a history of chronic cocaine abuse.
R. 382. Hunt was diagnosed with an acute myocardial infarction, or heart
attack. Dr. Malik Rahim performed an echocardiogram which showed
severe cardiomyopathy, global hypokinesia with low ejection fraction of
20%, concentric hypertrophy and diastolic dysfunction. 1 R. 378. At Hunt’s
request, Dr. Rahim transferred him to a higher level care facility, Barnes
Jewish Hospital in St. Louis, Missouri (Barnes Jewish). R. 383.
On March 8, 2011, Hunt was admitted to Barnes Jewish. R. 290,
298. Hunt was six feet tall and weighed 292.4 pounds. Cocaine use was
presumptively positive on the drug screen. Hunt had a history of high blood
pressure and cocaine use. Hunt reported shortness of breath for two
months prior to this episode. Hunt also reported two pillow orthopnea with
1

Hypokinesis means abnormally decreased motion. 20 C.F.R. Part 404, Subpart P, Appendix 1,
§ 4.00C.15(c)

Page 3 of 30

several episodes where he was short of breath and had to sit up. R. 290.2
Electrocardiograms (ECG) on March 8, 2011, and March 9, 2011, were
abnormal. R. 293, 297. A chest x-ray showed mild cardiac enlargement
and, also, fusion of two lower thoracic vertebral bodies. R. 296. Blood
tests on March 10, 2011, showed Hunt’s hemoglobin was slightly low.
R. 285.
On March 9, 2011, cardiologist Dr. Ronald J. Krone, M.D., performed
a left coronary angiogram, right coronary angiogram, and left heart
catheterization. R. 290. Dr. Krone found severely elevated left ventricle
end diastolic pressure (LVEDP); severe hypokinesis in the ventricles with
ejection fraction of less than 30%; but no coronary artery disease.
Dr. Krone assessed non-ischemic cardiomyopathy.3 Dr. Krone
recommended medical therapy with restriction of known cardiac toxins.
R. 291. Dr. Krone prescribed Coreg, isosorbide mononitrate, and
spironolactone for Hunt’s heart condition; and hydralazine and Lisinopril for
his high blood pressure. R. 301.
On March 9, 2011, Hunt also underwent another echocardiogram.
The test showed a left ventricle end diastolic diameter (LVEDD) of 7.4 cm.

2

Orthopnea is shortness of breath on lying flat. 20 C.F.R. Part 404, Subpart P, Appendix 1,
§ 4.00D.2(b)(i).
3
Ischemic heart disease is caused by a narrowing of coronary arteries that restricts blood flow to the
heart. 20 C.F.R. Part 404, Subpart P, Appendix 1, § 4.00E.1.

Page 4 of 30

Normal was less than 5.7 cm. The test showed an ejection fraction of 24%.
The test showed severe global left ventricle (LV) systolic dysfunction. The
report noted that a risk of sudden cardiac death exists with an ejection
fraction of less than 35%. R. 294.
On March 25, 2011, Hunt filed his application for SSI. Hunt alleged
that he became disabled on January 31, 2011 due to two prior heart
attacks, diabetes, high blood pressure, and a hernia. R. 53, 107, 149, 10,
113, 140, 152.
On April 5, 2011, Hunt went to the emergency room at Good
Samaritan with shortness of breath and chest pain. R. 314. An ECG was
abnormal, similar to the March 8, 2011 ECG. R. 313. Hunt was admitted
on April 6, 2011. A screening test was positive for cocaine. R. 310, 365.
Hunt admitted that he had used cocaine. R. 309. An echocardiogram on
April 6, 2011, showed diffuse hypokinesis, LVEDD of 7.5 cm, and an
ejection fraction of 20% to 25%. R. 311-12.
On April 6, 2011, Hunt told Dr. Rahim that he felt better. Dr. Rahim
assessed chest pain with slight elevation of troponin in the setting of
cocaine abuse, non-ischemic cardiomyopathy, congestive heart failure, and
hypertension.4 Hunt was discharged on April 6, 2011. Dr. Rahim restarted

4

Excessive levels of troponin enzymes in the blood may indicate myocardial damage. See R. 524.

Page 5 of 30

Hunt’s cardiac and blood pressure medications. Dr. Rahim also noted,
“The patient had been advised multiple times to stop using cocaine, as that
is most likely the cause of his nonischemic cardiomyopathy, and he is high
risk of mortality if he keeps on using cocaine. The patient understands it
and agrees for not using cocaine again.” R. 310.
On April 13, 2011, Hunt underwent a sleep study at Good Samaritan
conducted by Dr. Lubna Javed, M.D. Dr. Javed found that Hunt suffered
from severe obstructive sleep apnea. R. 418-19. Dr. Javed recommended
using a Continuous Positive Air Pressure (CPAP) machine while sleeping
at night and weight reduction. Dr. Javed advised Hunt to “abstain from
driving, operating heavy machinery, and other activities requiring full
concentration until sleep disorder is adequately treated.” R. 430.
On May 2, 2011, Hunt completed a Function Report—Adult Form.
R. 176-83. Hunt reported that he lived alone in an apartment. He reported
that in a typical day, he took his medications at 7:00 a.m. and lay back
down until 10:00 a.m.; Hunt reported that during the day he ate, watched
television, and stayed in the house unless he had a doctor’s appointment;
in the evening, he took the rest of his medications at 7:00 p.m., and went to
bed at 9:00 p.m. R. 177. Hunt reported that he took care of his personal
needs, but tasks took additional time. He reported that he needed
Page 6 of 30

reminders to shave and to take his medications. He reported his only
cooking consisted of using a microwave oven to heat frozen dinners. He
reported that he did laundry daily, and he swept and mopped the floors
twice a week. R. 178. He reported that he did not do yardwork. He
reported that he did not go shopping. R. 178-79. He reported that his only
social activities were talking to friends on the phone and visiting with friends
who stopped by his house. R. 180. He reported that, “I’m supposed to
wear a CPAP machine at night, but he did not have income or insurance to
get one” R. 183.
On May 18, 2011, Dr. Julio Pardo, M.D. completed a Physical
Residual Functional Capacity (RFC) Assessment of Hunt. R. 432-39.
Dr. Pardo opined that Hunt could lift ten pounds occasionally and less than
ten pounds frequently; stand and/or walk at least two hours in an eight-hour
work day; sit for six hours in an eight-hour work day; occasionally climb
stairs and ramps, stoop, kneel, crouch, and crawl; frequently balance; and
never climb ladders, ropes, or scaffolds. Dr. Pardo opined that Hunt RFC
was not otherwise limited. Dr. Pardo opined that Hunt suffered from
medically determinable impairments of coronary heart disease, Type II
diabetes mellitus, nonischemic cardiomyopathy, benign essential
hypertension, umbilical hernia and severe sleep apnea. Dr. Pardo opined
Page 7 of 30

that Hunt’s May 2, 2011, Function Report “should be considered partially
credible.” R. 437.
On May 19, 2011, the Commissioner’s examiner completed a
Disability Determination and Transmittal form. The examiner determined
that Hunt was not disabled. The examiner listed a primary diagnosis of
chronic ischemic heart disease and a secondary diagnosis of diabetes
mellitus. The examiner relied on Dr. Pardo’s RFC determination in
reaching this conclusion. R. 53.
On June 17, 2011, Hunt went to Good Samaritan with complaints of
chest pain. His troponin test was positive. An echocardiogram showed
ejection fraction of 20%. A stress test showed maximal heart rate of 137
beats per minute with exercise, dilated left ventricle, and ejection fraction of
20% to 25%. Hunt was given medications Lisinopril and Coreg for dilated
cardiomyopathy. R. 513.
On July 7, 2011, Hunt saw Physician Assistant Bowen for a follow up
visit for his diabetes and high blood pressure. Bowen listed diabetes,
hyperlipidemia, obesity, cocaine abuse, hypertension, coronary artery
disease, cardiomyopathy, sleep apnea, and smoking as active problems.
Hunt reported using a CPAP for his sleep apnea. Hunt denied any chest
pain. R. 480. Bowen noted that Hunt had a history of noncompliance with
Page 8 of 30

his medication, but Hunt reported that he was compliant at this time with his
blood pressure medications. R. 480-81. Hunt denied any illegal drug use,
but Bowen stated that drug screen was positive for cocaine. R. 481.
Bowen advised Hunt to work on his diet to control his diabetes and to
continue using his CPAP. R. 482.
On September 12, 2011, Hunt’s mother Jana L. Hunt completed a
Function Report—Adult—Third Party form. R. 199-206. Jana Hunt
reported that Hunt lived in a house with his cousin. She reported that Hunt
has a six month old son. She reported that Hunt was depressed and tired.
She reported that he slept with a “C-pak.” R. 200. She reported that he
sometimes needed to be reminded to take his medications. She reported
that Hunt cooked sometimes, but sometimes he “just does not feel like it.”
R. 201. She reported that Hunt performed household chores of cleaning,
laundry, and ironing, but the chores took a little longer because Hunt
became tired easily. R. 201. She reported that Hunt went outdoors daily
for fifteen to twenty minutes. He did not drive because he did not have a
car or a driver’s license. He went shopping regularly. She reported that
Hunt used to work with youth, but he was not able to anymore. She
reported that Hunt went to church and to sporting events such as high
school football games. R. 203.
Page 9 of 30

On September 16, 2011, Hunt saw Physician’s Assistant Bowen for
low back pain. Bowen noted that x-rays showed degenerative joint
disease. Bowen noted that Hunt denied drug use, but drug screen was
positive for cocaine. Bowen identified cocaine abuse as one of Hunt’s
active problems. Hunt denied that he had any shortness of breath or chest
pain. Hunt reported that he was out of refills of his cardiac and blood
pressure medications. Hunt denied chest pain or shortness of breath. On
examination, Hunt’s blood pressure was 118/70, his pulse was 96, his heart
rate and rhythm were normal and his lungs were clear. R. 478. Bowen
assessed a sprain of the back/degenerative joint disease. Bowen refilled
Hunt’s blood pressure and cardiac prescriptions and recommended
physical therapy for the back pain. R. 476-79.
On November 13, 2011, Hunt completed another Function Report—
Adult form. R. 211-13. Hunt’s mother Jana Hunt filled out the form for
Hunt. R. 213. Hunt reported that he lived in a house with family. Hunt
reported that he wore a “C-pak” while sleeping. R. 211. He reported that
he had an eight-month old son. Hunt reported that he spent time with his
son at his mother’s house or at his own residence. Hunt reported that he
did not need reminders to take care of his personal needs, but sometimes
needed reminders to take his medications. R. 211-12. Hunt reported that
Page 10 of 30

he cooked meals weekly. Sometimes he prepared something simple and
sometimes he prepared complete meals. Cooking took more time that it
used to. Hunt reported that he did his own laundry as needed. R. 213. He
reported that he could not do heavy lifting. He went shopping for “things
that are mandatory to have.” R. 214. He did not know how long shopping
trips took. R. 214. He watched sports on television. He sometimes
attended small social gatherings with family and friends. He regularly
attended church and sporting events. R. 215.
On December 7, 2011, Hunt saw agency psychologist Dr. Fred D.
Klug, Ph.D., for a consultative psychological evaluation. R. 487-91.
Dr. Klug assessed Hunt with adjustment disorder with depressed mood.
Dr. Klug found that Hunt’s immediate memory and long-term memory were
intact, but his short-term memory was impaired; his attention span was
adequate; his concentration was fair; his overall intellectual functioning
appeared to be borderline with poor reasoning ability, thinking, insight, and
judgment. R. 490.
On December 26, 2011, psychologist Dr. Tyrone Hollerauer, Psy.D.,
prepared a Psychiatric Review Technique. Dr. Hollerauer opined that Hunt
had adjustment disorder with depressed mood, but his impairment from his
mental disorder was non-severe. R. 492-505.
Page 11 of 30

On December 29, 2011, Dr. Charles Wabner, M.D., reviewed and
reaffirmed Dr. Pardo’s assessment of Hunt’s physical RFC. R. 506-08.
Dr. Wabner opined that the medical evidence covering the period since
Dr. Pardo’s RFC assessment “does not change the initial RFC.” R. 508.
On December 30, 2011, the Commissioner’s examiner again
completed a Disability Determination and Transmittal form. The examiner
determined on reconsideration that Hunt was not disabled. The examiner
listed the primary diagnosis as chronic ischemic heart disease and the
secondary diagnosis as diabetes mellitus. The examiner relied on
Dr. Wabner’s review and reaffirmation of Dr. Pardo’s RFC assessment.
R. 54.
On April 5, 2012, Hunt went to an office visit at Good Samaritan.
Hunt was noncompliant in taking his medications for his heart condition.
R. 513.
On April 10, 2012, Hunt went to the emergency room at Good
Samaritan with complaints of chest pain. R. 536. His drug screen test was
negative. R. 546. He was given aspirin, Zofran, and morphine. His
condition improved with the Zofran and morphine. At discharge, his blood
pressure was 135/84 and his pulse was 60. R. 536-541. Blood test

Page 12 of 30

showed that Hunt’s red blood cell count, hemoglobin and hematocrit were
below normal. R. 547.
On October 2, 2012, Hunt went to the emergency room at Good
Samaritan with complaints of cough, chest pain, shortness of breath on
exertion, and mild ankle edema. Hunt was assessed with acute bronchitis
and was admitted. Cardiologist Dr. Erik Funk, M.D., treated Hunt.
Dr. Funk noted that Hunt’s cardiac enzymes were generally flat but serum
troponin values were slightly elevated. His blood pressure was 152/90, and
his pulse was 96. A chest x-ray demonstrated congestive heart failure.
Blood test showed that Hunt’s red blood cell count, hemoglobin and
hematocrit were below normal. R. 511-514, 521, 531-33.
Hunt was discharged on October 4, 2012. Dr. Funk’s discharge
diagnosis was atypical chest pain with secondary diagnoses of
nonischemic cardiomyopathy, uncontrolled hypertension, medication
noncompliance, obesity, and Type II diabetes. Hunt was given antibiotics
for the bronchitis and his other medications due to his lack of funds. The
discharge notes indicate that Hunt agreed to apply for Medicaid. Dr. Funk
recommended placement of a single chamber internal cardioverterdefibrillator device once Hunt secured medical coverage. R. 511-14.

Page 13 of 30

On January 7, 2013, the Administrative Law Judge (ALJ) held an
evidentiary hearing in this case. R. 26-52. The ALJ conducted the hearing
in Evansville, Indiana. Hunt and his attorney appeared by videoconference
from Illinois. Vocational expert Matthew Sprong appeared by telephone.
R. 28.
Hunt testified first at the hearing. Hunt testified that he was thirtyeight years old, he completed the twelfth grade, and he did not have a
driver’s license. Hunt was six feet tall and weighed 295 pounds. R. 32.
Hunt testified that he lived with his girlfriend and three children ages three,
six, and nine.5 R. 33.
Hunt testified that he worked as a coach or athletic director at a youth
center. Hunt also testified that he performed various jobs for which he was
paid by the Illinois Department of Rehabilitation Services. Hunt testified
about stopping this work, “I think the reason why I stopped is because I
was trying to apply for disability, and I didn’t want to mess my disability
chances up.” R. 36.
Hunt testified that he spent a typical day, “Sitting down, watching TV,
and dozing off here and there.” R. 37. He testified that he typically got up
about 7:30 or 8:00 a.m. Hunt testified that he typically dozed off about six

5

Hunt did not testify whether he was a parent or guardian of any of the children.

Page 14 of 30

or seven times from the time he woke up until 5:00 p.m. He testified that
he slept forty-five minutes to an hour each time he dozed off. Hunt testified
that on his bad days, he does not get out of bed. He testified that he
stayed in bed all day about three to four days a week. Hunt testified as to
the reason for his sleepiness, “Tired. Somewhat pain too, and my
breathing.” R. 38.
Hunt testified that he experienced shortness of breath with any
movement. He testified that he did few chores during the day, “I might
wash a few dishes. That’s about it. I don’t do too much because I ain’t to
do like I want to do.” R. 39. Hunt testified that he could not do anything
more than a few dishes because he could not stand “because my ankles
swell up quick.” R. 39. Hunt testified that his ankles were swollen at the
hearing as a result of walking from the parking lot to the hearing room.
Hunt testified that he experienced numbness in his feet when they swelled.
R. 39-40. Hunt testified that he elevated his feet to control the swelling.
R. 40.
Hunt testified that he did not sleep at night. Hunt testified that he no
longer used a CPAP because he could not afford it. R. 40.
Hunt testified that he went to school events when he was able. R. 41.

Page 15 of 30

Hunt testified that he had chest pain sometimes if he overexerted
himself. Hunt controlled the pain by taking medicine and relaxing. R. 42.
Hunt testified that he had not used cocaine in a long time. Hunt
testified that he did not use cocaine after the second time he went into the
hospital for heart problems. R. 43. Hunt testified that he took his medicine
as prescribed. R. 44. Hunt said he went without his medications in the
past because of the cost. He testified that he went without medication for
six months once. He testified, “And that cause me to have the first heart
attack.” R. 45. Hunt testified that after his second heart attack, he went
without his medication for three months once due to the cost. R. 45.
Vocational expert Sprong then testified. The ALJ asked Sprong the
following:
Please assume a younger individual who has a high school
education, shares the past, relevant work, and has the following
residual functional capacity: could perform the physical
exertional demands of sedentary work as defined by the
regulations; could occasionally climb ramps and stairs but could
never climb ladders, ropes, or scaffolding; could frequently
balance; could only occasionally stoop, kneel, crouch, and
crawl. Would there be any unskilled occupations an individual
with this profile and residual functional capacity could perform?
R. 47. Sprong opined that such a person could work as surveillancesystem monitor, with16,800 such jobs in existence nationally, and 600 in
Illinois; call-out operator, with 16,000 in existence nationally, and 600 in
Page 16 of 30

Illinois; ad addresser or addresser, with 25,200 in existence nationally, and
720 in Illinois. Sprong testified that these were representative samples of
the jobs that such a person could perform. R. 47-48.
The ALJ refined his hypothetical question:
[Y]ou should further consider that the individual should also
avoid concentrated exposure to hazards such as exposed
moving machinery that’s used to cut or grind and that fails to
stop when human contact is lost, unprotected heights, or the
operation of . . . motor vehicle equipment. And that the
individual should avoid concentrated exposure to fumes, odors,
dusts, gas, areas of poor ventilation. So the individual could
not work in settings with levels of respiratory irritants similar to
what you might find in a chemical plant, a farm, or an
automotive garage. Is there change in the result?
R. 48. Sprong testified that individual could still perform the three jobs he
previously identified. R. 48.
The ALJ added a third set of limitations to the hypothetical question:
For question three, if you consider that the individual, due to a
moderate degree of difficulty maintaining concentration,
persistence, or pace, could understand, remember, and carry
out rote or routine instructions that would require the exercise of
little independent judgment or decision making for two-hour
work segments but couldn’t [follow complex or detailed
instructions].”
R. 49. Sprong opined that such person could not perform the call-out
operator position. Sprong opined that such a person could perform the job
of clerk/document preparer, with 98,000 such jobs in existence nationally,
and 3,500 in Illinois. R. 49.
Page 17 of 30

The ALJ then asked Sprong to assume the person needed two
additional unscheduled, fifteen-minute breaks a day due to fatigue. Sprong
opined that such a person could not work. R. 49-50. The ALJ then
concluded the hearing.
THE DECISION OF THE ALJ
On February 5, 2013, the ALJ issued his decision. The ALJ followed
the five-step analysis set forth in Social Security Administration Regulations
(Analysis). 20 C.F.R. §§ 404.1520, 416.920. Step 1 requires that the
claimant not be currently engaged in substantial gainful activity. 20 C.F.R.
§§ 404.1520(b), 416.920(b). If true, Step 2 requires the claimant to have a
severe impairment. 20 C.F.R. §§ 404.1520(c), 416.920(c). If true, Step 3
requires a determination of whether the claimant is so severely impaired
that he is disabled regardless of his age, education and work experience.
20 C.F.R. §§ 404.1520(d), 416.920(d). To meet this requirement at Step 3,
the claimant's condition must meet or be equal to the criteria of one of the
impairments specified in 20 C.F.R. Part 404 Subpart P, Appendix 1
(Listing). 20 C.F.R. §§ 404.1520(d), 416.920(d). If the claimant is not so
severely impaired, the ALJ proceeds to Step 4 of the Analysis.
Step 4 requires the claimant not to be able to return to his prior work
considering his age, education, work experience, and Residual Functional
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Capacity (RFC). 20 C.F.R. §§ 404.1520(e) and (f), 416.920(e) and (f). If
the claimant cannot return to his prior work, then Step 5 requires a
determination of whether the claimant is disabled considering his RFC,
age, education, and past work experience. 20 C.F.R. §§ 404.1520(g),
404.1560(c), 416.920(g), 416.960(c). The claimant has the burden of
presenting evidence and proving the issues on the first four steps. The
Commissioner has the burden on the last step; the Commissioner must
show that, considering the listed factors, the claimant can perform some
type of gainful employment that exists in the national economy. 20 C.F.R.
§§ 404.1512, 404.1560(c); Weatherbee v. Astrue, 649 F.3d 565, 569
(7th Cir. 2011); Briscoe ex rel. Taylor v. Barnhart, 425 F.3d 345, 352 (7th Cir.
2005).
The ALJ found that Hunt met his burden at Steps 1and 2. He has not
engaged in substantial gainful activity since he applied for SSI on March
25, 2011. The ALJ found that his employment in the first two quarters of
2011 did not reach the level of substantial gainful activity. The ALJ also
found that Hunt suffered from severe impairments of cocaine-induced
cardiomyopathy; congestive heart failure; Level III obesity; hypertension;
obstructive sleep apnea; periodic leg movement disorder; chronic
obstructive pulmonary disorder (COPD); umbilical hernia status postPage 19 of 30

surgical repair; diabetes mellitus, Type II; and adjustment disorder with
depressed mood. R. 12. The ALJ rejected Dr. Hollerauer’s opinion that
Hunt had no severe mental limitations in light of Hunt’s subjective reporting
and Dr. Klug’s mental status examination. R. 14.
The ALJ found that Hunt’s impairments or combination of
impairments did not meet or equal any Listing. The ALJ considered the
following Listings: 3.02 for COPD; 4.04 for ischemic heart disease; 3.10 for
sleep apnea; 9.00 for diabetes; and 12.04 for affective disorders such as
depression and 12.09 for substance addiction disorder. The ALJ found that
Hunt’s mental impairments resulted in mild limitations on performing
activities of daily living and social functioning and moderate limitations on
concentration, persistence, and pace. R. 14.
At Step 4, The ALJ found that Hunt had the RFC to perform
sedentary work except that he: (1) could (a) only occasionally climb ramps
and stairs; (b) never climb ladders, ropes, or scaffolding; (c) only frequently
balance; occasionally stoop, kneel, crouch, and crawl; (2) must avoid (a)
concentrated exposure to hazards such as unprotected heights; (b) the
operation of commercial motor vehicle equipment; (c) exposure to hazards
such as moving machinery used to cut or grind and that fails to stop when
human contact is lost; and (d) exposure to fumes, odors dusts, gases and
Page 20 of 30

areas of poor ventilation; and (3) is limited to jobs which only require him to
understand, remember, and carryout rote or routine instructions that require
the exercise of little independent judgment or decision making for two-hour
work segments, but not if the tasks are detailed or complex. R. 15.
In reaching this conclusion, the ALJ relied on Hunt’s activities of daily
living reported by him and his mother in the three Function Report forms.
The ALJ found that Hunt could dress himself, take care of his personal
hygiene, cook meals, do laundry, shop, ride in a car, attend social
gatherings, and regularly go to church and sporting events. R. 16. The
ALJ found that his reported level of activity “requires a level of mental
capacity, tolerance for exertion and postural movements, and fine/gross
manipulations abilities consistent with performing certain unskilled
sedentary work.” R. 16.
The ALJ relied on Dr. Pardo’s RFC determination for the postural
limitations in the RFC. The ALJ, however, put less weight on Dr. Pardo’s
opinion that Hunt could perform light work in light of the clinical findings in
the medical record and Hunt’s subjective reporting of his limitations.
R. 18.
The ALJ found that his impairments were not as disabling as Hunt
claimed, in part, because he regularly failed to comply with his prescribed
Page 21 of 30

regimen of medication and because of his repeated use of illegal drugs and
alcohol. The ALJ found that Hunt’s cardiac condition was controlled with
medication. The ALJ found that Hunt’s cardiac events resulted “from the
claimant’s failure to take medications and his chronic cocaine use.” The
ALJ found that Hunt’s intermittent chest pain was controlled with
medication and relaxation, and his ankle edema was alleviated by elevating
his feet. R. 17.
The ALJ accommodated Hunt’s breathing difficulties and COPD by
restricting him to jobs that avoided exposure to “respiratory irritants.” R. 17.
The ALJ further discounted Hunt’s testimony about difficulty breathing in
light of his testimony that he smoked a pack of cigarettes a week. R. 17,
18.

The ALJ found that Hunt’s obesity exacerbated the limitations caused

by his cardiovascular and pulmonary conditions, and the restrictions in the
RFC to a limited range of sedentary work were consistent with the
exacerbation caused by his obesity. R. 18.
The ALJ accommodated Hunt’s mental limitations by limiting him to
jobs which only require him to understand, remember, and carry out rote or
routine instructions that require the exercise of little independent judgment
or decision making for two-hour work segments, but not if the tasks are
detailed or complex. The ALJ noted that Dr. Klug found “some deficits in
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concentration and cognitive abilities,” but “Dr. Klug also noted an adequate
attention span, an intact immediate and long-term memory, and a good
new learning ability.” R. 14. The ALJ found that, “The claimant’s
depression and fatigue affect his ability to maintain concentration,
persistence, and pace, to an extent that is consistent with the determined
limitations to task complexity.” R. 18.
In making these findings, the ALJ found that Hunt’s testimony at the
hearing was not credible. The ALJ stated, “The claimant testified to
difficulty sleeping and chronic excessive daytime fatigue; chest pain and
shortness of breath upon exertion; elevated blood pressure; and
swelling/numbness in his ankles with standing and/or walking.” The ALJ
further noted that Hunt testified that “he naps approximately 4 to 5 hours
per day and stays in bed all day 3 to 4 days a week.” The ALJ found that
this testimony was inconsistent with the Function Reports in which he
stated that he was able to “perform all activities of daily living; spend time
with his 8 month old son, maintain interpersonal relationships with his
girlfriend and family; and attend social events and go to church regularly.”
R. 17.
The ALJ also considered the fact that Hunt testified that he quit work
to apply for disability. The ALJ found that there was no evidence of a
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significant deterioration in Hunt’s condition since he quit work. The ALJ
stated, “This evidence raises a question as to whether the claimant’s
continuing unemployment is actually due to his medically determinable
impairments.” R. 17.
The ALJ found at Step 4 that Hunt could not return to his past
relevant work as an athletic director in light of his RFC. R. 18.
At Step 5, the ALJ found that Hunt could perform a substantial
number of jobs in the national economy. The ALJ relied on the MedicalVocational Guidelines, 20 C.F.R. Part 404, Subpart P, Appendix 2, and on
the opinions of vocational expert Sprong that a person with Hunt’s age,
education, experience, and RFC could perform the jobs of surveillance
system monitor, document preparer, and addresser. R. 19. The ALJ,
therefore, concluded that Hunt was not disabled. R. 19-20.
Hunt appealed the ALJ’s decision. On February 14, 2014, the
Appeals Council denied Hunt’s request for review. The decision of the ALJ
then became the final decision of the defendant Commissioner. R. 1. Hunt
then filed this action for judicial review.
ANALYSIS
This Court reviews the Decision of the Commissioner to determine
whether it is supported by substantial evidence. Substantial evidence is
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“such relevant evidence as a reasonable mind might accept as adequate”
to support the decision. Richardson v. Perales, 402 U.S. 389, 401 (1971).
This Court must accept the findings if they are supported by substantial
evidence, and may not substitute its judgment. Delgado v. Bowen, 782
F.2d 79, 82 (7th Cir. 1986). This Court will not review the credibility
determinations of the ALJ unless the determinations lack any explanation
or support in the record. Elder v. Astrue, 529 F.3d 408, 413-14 (7th Cir.
2008). The ALJ must articulate at least minimally his analysis of all
relevant evidence. Herron v. Shalala, 19 F.3d 329, 333 (7th Cir. 1994).
The ALJ must “build an accurate and logical bridge from the evidence to his
conclusion.” Clifford v. Apfel, 227 F.3d 863, 872 (7th Cir. 2000).
In this case, the ALJ did not articulate his analysis at Step 3 of
whether Hunt’s condition met or equaled Listing 4.02 for chronic heart
failure. The ALJ stated in one sentence, without any analysis, “The
claimant’s cardiovascular impairments, singly or in combination, do not
meet Listing 4.04 because the evidence fails to establish the criteria
outlined in 4.04A, B, or C.” R. 13. Listing 4.04 concerns ischemic heart
disease. Hunt had nonischemic cardiomyopathy and congestive heart
failure. R. 291, 310, 437, 511-14. Ischemic heart disease is caused by a
narrowing of coronary arteries that restricts blood flow to the heart. Listing
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4.00E 1. Chronic heart failure is the inability of the heart to pump enough
oxygenated blood to body tissues. Listing 4.00D1. The medical records
consistently indicated that Hunt’s primary heart condition was nonischemic
and resulted in congestive heart failure and an inability to pump
oxygenated blood reflected in the low ejection fraction on March 8 and 9,
2011, April 5, 2011 and June17, 2011. See R. 394, 295, 311, 513. These
conditions were consistent with chronic heart failure. See Listing 4.00D1.
The ALJ, however, failed to even mention the Listing 4.02 for chronic heart
failure.
The ALJ needed to address whether Hunt’s condition met or equaled
Listing 4.02. Listing 4.02 states, in part:
4.02 Chronic heart failure while on a regimen of prescribed
treatment, with symptoms and signs described in 4.00D2. The
required level of severity for this impairment is met when the
requirements in both A and B are satisfied.
A. Medically documented presence of one of the following:
1.
Systolic failure (see 4.00D1a(i)), with left ventricular end
diastolic dimensions greater than 6.0 cm or ejection fraction of
30 percent or less during a period of stability (not during an
episode of acute heart failure); or
....
AND
B. Resulting in one of the following:
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1.
Persistent symptoms of heart failure which very seriously
limit the ability to independently initiate, sustain, or complete
activities of daily living in an individual for whom [a Medical
Consultant], preferably one experienced in the care of patients
with cardiovascular disease, has concluded that the
performance of an exercise test would present a significant risk
to the individual;
20 C.F.R. § Part 404, Subpart P, Appendix 1. Hunt had two heart attacks
in March and April 2011. Those episodes showed ejection fractions of 30
percent or less, but those test results occurred during periods of acute
heart failure, and so, would not appear to meet Listing 4.02A1. Hunt’s June
17, 2011, stress test, however, showed an ejection fraction of 25% at a
time when he was not having a heart attack. R. 513. Hunt had additional
cardiac episodes in April and October 2012.6 Dr. Funk concluded in
October 2012 that Hunt needed an internal cardioverter-defibrillator.
R. 512. Given this evidence, the ALJ should have addressed whether
Hunt’s condition met or equaled the requirements of Listing 4.02A.1,
quoted above.
The Court is not commenting on the merits of whether Hunt’s
condition met or equaled Listing 4.02A.1. The ALJ would need to evaluate
all of the relevant evidence, including matters such as the low ejection
fractions noted above, Hunt’s compliance with his medications, and Hunt’s

6

He also had severe hypertension in 2010. R. 399-400.

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use of cocaine. In addition, the ALJ may also need to consider whether
Hunt’s other impairments (such as COPD, diabetes and obesity), in
combination with his heart condition, equaled the severity of the condition
described in Listing 4.02A.1. If Hunt’s condition met or equaled Listing
4.02A.1, the ALJ would need to determine whether a medical consultant
needs to evaluate whether Hunt could perform an exercise stress test for
purposes of Listing 4.02B.1. There is no evidence of this in the record.
The evidence shows that Hunt had some level of chronic heart
failure. The ALJ was required to determine whether Hunt’s nonischemic
heart condition resulting in chronic heart failure met a Listing. The ALJ said
nothing about the issue. That was error. The error is material and requires
reversal. On remand, the ALJ must analyze the applicability of Listing 4.02
to this case, and articulate that analysis, including the 4.02B.1 requirement
discussed above..
The Commissioner argues that the ALJ did not err because he is not
required to explicitly refer to any particular listing. See Rice v. Barnhart,
384 F.3d 363, 369-70 (7th Cir. 2004). That may be true, but he ALJ must
still minimally articulate his analysis of all of the material evidence. Herron,
19 F.3d at 333. The material evidence here shows a man with a heart

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condition that fits the Listing’s definition of chronic heart failure. A minimal
articulation of the evidence in this case required some explanation at
Step 3 of whether the severity of his impairments met or equaled the 4.02
Listing for chronic heart failure. The ALJ failed to do so. That was error.
The Commissioner argues that Drs. Pardo and Wabner opined that
Hunt’s condition did not meet a Listing. The Court has reviewed their
opinions and finds no discussion of Listings. See R. 432-39, 506-08. The
Commissioner cites the Disability Determination and Transmittal forms as
evidence that Hunt did not meet a Listing. The examiners who completed
those forms erroneously identified Hunt’s primary diagnosis as chronic
ischemic heart disease rather than nonischemic. R. 53-54. Those
examiners committed the same error that the ALJ committed when he
considered the Listing for ischemic heart disease rather than the Listing for
chronic heart failure.
The ALJ erred when he failed to analyze whether Hunt’s heart
condition met or equaled Listing 4.02 for chronic heart failure and to
minimally articulate that analysis. The error is material and requires
reversal and remand for further proceedings.
Hunt raises three other points of error: (1) whether the ALJ erred in
his determination of Hunt’s RFC; (2) whether the ALJ erred in evaluating
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Hunt’s credibility; and (3) whether the decision is supported by substantial
evidence. The resolution of these issues could be affected by the ALJ’s
revised analysis at Step 3. The Court, therefore, will not rule on these
claims of error. The Court notes that the record supported the ALJ’s
determination that Hunt’s testimony at the hearing was contradicted by his
May and November 2011 Function Reports, and by his mother’s
September 2011 Function Report. R. 16.
THEREFORE, Plaintiff Yauseaffe Hunt’s Motion for Summary
Judgment (d/e 9), is ALLOWED, and Defendant Commissioner of Social
Security’s Motion for Summary Affirmance (d/e 12) is DENIED. The
decision of the Commissioner is REVERESED and REMANDED for further
proceedings pursuant to sentence four of 42 U.S.C. § 405(g). All pending
motions are denied as moot. THIS CASE IS CLOSED.
ENTER: March 15, 2016

s/ Tom Schanzle-Haskins
UNITED STATES MAGISTRATE JUDGE

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