Grabill v. Commissioner of Social Security
Filing
17
OPINION: Defendant Commissioner's Motion for Summary Affirmance (d/e 15 ) is ALLOWED, Plaintiff Grabill's Brief in Support of Motion for Summary Judgment (d/e 12 ) is DENIED. The decision of the Commissioner is AFFIRMED. THIS CASE IS CLOSED. Entered by Magistrate Judge Tom Schanzle-Haskins on 9/19/2017. (ME, ilcd)
E-FILED
Tuesday, 19 September, 2017 02:47:25 PM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS, SPRINGFIELD DIVISION
EVA M. GRABILL,
Plaintiff,
v.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
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No. 16-cv-3099
OPINION
TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE:
Plaintiff Eva M. Grabill appeals from the Defendant Commissioner of
Social Security’s final decision on her application for Social Security
Disability Insurance Benefits (DIB) under Title II of the Social Security Act
and Supplemental Security Income Disability Benefits (SSI) under Title XVI
of the Social Security Act. 42 U.S.C. §§ 416(i), 423, 1381a, and 1382c
(collectively Disability Benefits). This appeal is brought pursuant to 42
U.S.C. §§ 405(g) and 1383(c). Grabill has filed a Brief in Support of Motion
for Summary Judgment (d/e 12), and Defendant Commissioner has filed a
Motion for Summary Affirmance (d/e 15). 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
Page 1 of 25
entered May 4, 2016 (d/e 8). For the reasons set forth below, this Court
recommends that the decision of the Commissioner be AFFIRMED.
STATEMENT OF FACTS
Grabill was born on September 15, 1959. She secured her GED in
1993. Grabill previously worked as a secretarial assistant and a
telemarketer. She last worked on January 15, 2012. Grabill suffers from
degenerative disc disease, facet arthritis, status post cervical spinal
surgery, bilateral chronic venous insufficiency the lower extremities, chronic
obstructive pulmonary disease (COPD), and obesity. Grabill last met the
requirements for insured status for DIB on December 31, 2013 (Date Last
Insured). Certified Transcript of Proceedings before the Social Security
Administration (d/e 10) (R.), at 14, 36, 37, 170, 193. A claimant will be
entitled to DIB only if she was disabled before her Date Last Insured. 42
U.S.C. §§ 423(a)(1)(A), (c)(1); 20 C.F.R. § 404.131; Briscoe ex rel. Taylor
v. Barnhart, 425 F.3d 345, 348 (7th Cir. 2005); Stevenson v. Chater, 105
F.3d 1151, 1154 (7th Cir.1997).
On February 17, 2012, Grabill saw Dr. Taylor Moore, O.D., for lower
back pain. Grabill weighed 193 pounds and had a Body Mass Index (BMI)
of 36.91. On examination, Grabill had bilateral SI joint tenderness, and
negative straight-leg testing. The remainder of her examination was
Page 2 of 25
normal. Dr. Moore stated that Grabill could not take NSAID1 pain relievers
because of a previous nephrectomy.2 Dr. Moore prescribed Tramadol.
R. 371-72.
On March 1, 2012, Grabill saw Dr. Moore again for lower back pain.
Grabill reported that she has had chronic back pain for five years. She
reported that the pain had gradually gotten worse.
According to Grabill,
the pain was moderate to severe and worse when walking long distances.
She said the pain occasionally radiated to her legs bilaterally. Dr. Moore’s
examination of Grabill was normal. Dr. Moore ordered x-rays and
prescribed muscle relaxants and NSAIDs. R. 368-70.
On March 2, 2012, x-rays of Grabill showed degenerative disc
disease of the lumbar spine. R. 358. On March 16, 2012, x-rays of Grabill
showed degenerative disc disease of the cervical spine. R. 359.
On March 16, 2012, Grabill saw Dr. Moore. Grabill reported trouble
sleeping due to back pain. At this time, Grabill was 5 feet 1.25 inches tall
and weighed 191 pounds, for a BMI of 35.6. She reported that
cyclobenzaprine improved her sleep. Dr. Moore reviewed the x-rays and
1
NSAID is an acronym for a non-steroidal anti-inflammatory drug which includes over-the-counter
medications such as aspirin and ibuprofen, and prescription drugs such as Celebrex and Daypro.
2
A nephrectomy is a surgical removal of a kidney. Dorland’s Illustrated Medical Dictionary (32d ed.2012)
(Dorland’s’), at 1240.
Page 3 of 25
recommended physical therapy. R. 365-66. Grabill underwent four weeks
of physical therapy, three sessions per week. R. 393-420.
On June 13, 2012, Grabill saw Dr. Moore. Dr. Moore noted a positive
Hoffmann’s sign on the left upper extremity.3 Dr. Moore assessed cervical
radiculopathy and neck pain. R. 360.
On June 28, 2012, Grabill completed a Function Report-Adult form.
R. 212-19. Grabill stated that she could not stand for long periods of time
and could not lift more than five pounds without severe pain and losing
feeling in her hands. She stated that when she woke up, she took her
medications and performed exercises learned from physical therapy. She
lived with her family. She reported that she prepared the food for the
family, but later stated that friends helped her with cooking and cleaning.
She said she could not sleep because of the pain. She took care of
herself, but had trouble dressing and getting in and out of the bath tub.
She indicated she had to sit down from time to time while she cooked. She
washed dishes, but had to sit down while washing them. She did not do
any yardwork because such activities caused pain in her back and neck.
She went shopping once a month for food and household needs. She
sewed, but was unable to sew every day like she did in the past. She
3
The test for Hoffmann’s sign is performed by nipping the nail of the index, middle, or ring finger. A
positive sign indicates increased excitability of a nerve, usually the ulnar nerve. See Dorland’s, at 1430,
1712.
Page 4 of 25
spent time daily with friends and attended church regularly. She said she
could walk one block before she had to rest for five to ten minutes. R. 21219.
On August 27, 2012, state agency physician Dr. C.A. Gotway, M.D.,
completed a Residual Functional Capacity Assessment of Grabill. Dr.
Gotway opined that Grabill could lift 20 pounds occasionally and 10 pounds
frequently, stand and/or walk six hours in an eight-hour workday, and sit six
hours in an eight-hour workday; and should avoid concentrated exposure to
extreme heat, cold, humidity, fumes, odors, dusts, gases, and poor
ventilation. Dr. Gotway opined that Grabill had no other physical limitations
on her functional capacity. R. 67-69, 92-93.
On September 17, 2012, Grabill saw Dr. Moore. Dr. Moore noted
that Grabill’s neck pain was better, but she had worsening intermittent
paresthesias4 of the upper extremities. On examination, Grabill’s motor
exam was normal and her pulmonary exam was normal. R. 424.
On November 6, 2012, Grabill underwent an anterior cervical
discectomy and fusion with allograft. On November 16, 2012, Grabill saw
Dr. Moore. Grabill reported some neck pain and severe muscle spasms
after the surgery. Grabill reported that the paresthesias improved after the
4
Paresthesias is an abnormal sensation typically tingling or a pin prick sensation caused chiefly by
pressure on or damage to peripheral nerves.
Page 5 of 25
surgery. Grabill had an apneic episode under anesthesia. Grabill also
reported chronic fatigue. Dr. Moore ordered a sleep study. R. 421. The
sleep study showed COPD and sleep apnea. R. 433.
On December 1, 2012, Grabill completed another Function ReportAdult form. R. 243-53. She lived with her family. She said others helped
her with housework and cooking. She reported that she took more time to
care for herself and dress herself. She said she helped prepare some
meals, but could not prepare all meals by herself. She stated that she did
“light household work” but the work took “all day” because she had to rest
often. She shopped for food once a month. She said she could not draw
or sew anymore because her hands “would lock up.” She reported that she
spent time with others daily and went to church weekly. She opined that
she could lift no more than five pounds, walk a block before she needed to
rest for ten minutes. R. 243-48.
On December 21, 2012, Grabill underwent a pulmonary function test.
Grabill had an FEV1 of 1.44 liters, 60% of predicted; FVC of 2.06 liters,
72% of predicted.5 Bronchodilator therapy showed significant
improvement. Grabill’s FEV1 improved to 1.58 liters and her FVC
5
“FEV1 means force expiratory volume in the first second of a forced expiratory maneuver.” “FVC means
forced vital capacity.” 20 C.F.R. Part 404, Subpart P, Appendix 1, § 3.00.C.10 & 11.
Page 6 of 25
improved to 2.43 liters. The test showed moderate obstruction with
significant change post-bronchodilator therapy. R. 460.
On January 3, 2013, x-rays showed stable, satisfactory alignment
and appearance of Grabill’s surgical fusion of C4-5 and C5-6. R. 461.
Grabill underwent another course of physical therapy. R. 439-56.
On January 22, 2013, state agency physician Dr. Richard Smith,
M.D., completed a Physical Residual Functional Capacity Assessment of
Grabill. Dr. Smith agreed with Dr. Gotway’s opinions in his August 2012
assessment. R. 92-93, 101-02.
On March 12, 2013, Grabill saw Dr. Moore. Grabill complained of
continuing neck pain and, in addition, lower extremity pain. Grabill reported
that she had begun having headaches. She reported that the therapy
helped her. On examination, Grabill had increased swelling and redness in
her lower extremities, but she could ambulate without assistive devices and
she could fully bear her weight on both legs. Grabill’s motor and pulmonary
examinations were normal. Dr. Moore continued Grabill’s medications and
recommended continuing to perform the exercises from physical therapy.
R. 435.
On April 12, 2013, Grabill saw Dr. Moore. Grabill reported left ankle
pain and cramps in her lower extremities at night. Grabill had been
Page 7 of 25
wearing compression stockings. The stockings improved the swelling in
her legs. At this visit, Grabill weight 232 pounds 4 ounces and had a BMI
of 43.29. Grabill’s pulmonary examination was normal. R. 499-500. An
ex-ray of the ankle showed soft tissue swelling, but was otherwise
negative. R. 466. Dr. Moore told Grabill to continue wearing compression
stockings. R. 499.
On May 30, 2013, Grabill saw Dr. Moore for headaches. Grabill
reported that she had been having headaches since the neck surgery.
Grabill reported, “The headaches were debilitating, and pretty much every
morning.” R. 496. Dr. Moore prescribed nortriptyline and strongly advised
Grabill to increase her activity, decrease caffeine intake and avoid MSG.
Dr. Moore also told Grabill to stop taking ibuprofen due to stomach upset.
R. 496.
On August 26, 2013, Grabill saw Dr. Anne Degreve, D.O.,
complaining of numbness and tingling in her arms bilaterally when she
leaned on her elbows. She did not have any loss of grip strength and the
numbness did not awaken her at night. She had intact sensation to light
touch and pinprick. Her pulmonary examination was normal. Dr. Degreve
recommended consultation with an orthopedic surgeon. R. 492.
Page 8 of 25
On October 17, 2013, physiatrist Dr. Maria Espejo, M.D., examined
Grabill and performed a nerve conduction/EMG study on her upper
extremities. On examination, Grabill could ambulate within normal limits,
she had normal muscle bulk and tone in her upper extremities, normal
sensory and reflex tests in the upper extremities, and negative Hoffmann’s,
Spurling’s, and Phalen’s tests bilaterally.6 The nerve conduction/EMG
study showed results were normal. R. 464-65.
On November 22, 2013, Grabill saw Dr. Degreve for chronic back
pain. Grabill reported that the pain started at her neck surgery incision and
radiated down her back. Grabill reported that the pain made her eyes
water. She said that she had tried muscle relaxers, amitriptyline, flexeril,
NSAIDs, and Tylenol, and nothing helped. Grabill reported that the pain
limited her daily activity. Grabill had no weakness no decreased range of
motion, and no decreased sensation. Grabill also could ambulate. R. 490.
On examination, Dr. Degreve found full range of motion in all extremities,
intact sensation, and negative straight leg testing. Dr. Degreve noted,
“Pain out of proportion of exam. Multiple tender points bilat.” R. 491. Dr.
Degreve changed Grabill’s medication to Lyrica and prescribed additional
physical therapy. R. 490.
6
Spurling’s test is test for radiculopathy. See Dorland’s, at 1900. Phalen’s test is a test for carpal tunnel
syndrome. See Dorland’s, at 1896.
Page 9 of 25
On February 3, 2014, Grabill saw Dr. Degreve for back pain. Grabill
was having problems getting her insurance to approve the prescription for
Lyrica. Dr. Degreve prescribed gabapentin, and told Grabill to increase her
activities of daily living as she was able. R. 487. On examination, Grabill
had a normal gait and did not use assistive devices to ambulate. Grabill’s
sensory exam and motor examination were normal.
On March 19, 2014, Grabill saw Dr. Degreve complaining of low back
pain when walking, and also swelling feet. The back pain was worse after
walking and first thing in the morning. Grabill reported that her strength
was fine. On examination, Dr. Degreve ordered x-rays of Grabill’s lumbar
spine. R. 483. The x-rays showed minimal anterolisthesis at L5-S1 and
minimal degenerative disc disease of the lumbar spine. R. 471.
On April 10, 2014, Grabill saw Dr. Degreve for cold symptoms and a
rash. Dr. Degreve could hear Grabill wheeze from across the examination
room. On examination, Dr. Degreve found diffuse wheezing and basilar
rales in Grabill’s right lung. Grabill weighed 242 pounds and had a BMI of
45.35 at this examination. Dr. Degreve assessed pneumonia and
prescribed azithromycin and prednisone. R. 480-82. On a follow-up
examination on April 15, 2014, Dr. Degreve found expiratory wheezes over
Page 10 of 25
the upper lobes of Grabill’s lungs bilaterally. R. 478. Dr. Degreve ordered
a pulmonary function test.
On April 17, 2014, pulmonologist Dr. Najappa Somanna, M.D.,
performed another pulmonary function test on Grabill. Her FEV1 was 1.53
liters, 65% of predicted and her FVC was 2.31 liters, 81% of predicted.
Grabill showed no improvement after bronchodilator therapy. Dr. Somanna
concluded:
IMPRESSION: Patient has moderate obstruction on spirometry
with no significant change postbronchodilator therapy. Lung
volumes are normal and the diffusion capacity of the lung for
carbon monoxide (DLCO) is mildly impaired. When compared
to the prior lung functions from December of 2012, there has
been some improvement in the FVC.
R. 473.
On April 23, 2014, Grabill saw Dr. Degreve for low back pain. Grabill
reported that her medications, including gabapentin and cyclobenzaprine,
were not helping. Grabill reported that she stopped using the
cyclobenzaprine because it caused headaches. Grabill’s pulmonary
examination was normal. Grabill’s motor exam was normal for her upper
and lower extremities. Dr. Degreve noted bilateral lumbar muscle spasms
and restricted range of motion in the lumbar area secondary to pain.
R. 476.
Page 11 of 25
THE EVIDENTIARY HEARING
On July 14, 2014, the Administrative Law Judge (ALJ) held an
evidentiary hearing in this case. Grabill appeared in person with her
attorney. Vocational expert Suzanne Hollander also appeared. R. 29.
Grabill testified that she was separated from her husband. She lived
in a house with four of her five children. Two of the children were under
eighteen years of age. She secured a GED in 1993. R. 34-35. Grabill
testified that she became disabled on January 15, 2012 when she lost her
job as a secretarial assistant. She missed a week of work due to severe
headaches. R. 34. She worked as a telemarketer before the secretarial
assistant job. R. 36-38.
Grabill testified that she was unable to work because of pain and lack
of feeling in her extremities, “I lose feeling in my hands and in my arms,
sometimes even in my legs. I’m in constant pain. And sometimes it’s so
bad I can’t even get up.” R. 38. The pain went from her lower back up to
her neck. She said that sometimes she felt like she was choking. R. 55.
She said that about once a week she could not get out of bed due to the
pain. R. 39.
Grabill said that physical therapy helped a great deal with the pain.
She said that since her November 2012 neck surgery she gained so much
Page 12 of 25
weight that the exercises were hard to do. She said her pain medications
made her lightheaded. R. 40. She stated that she also became
lightheaded when she bent over to pick objects off the floor. R. 41.
Grabill opined that she could lift a maximum of ten pounds, sit for
twenty minutes at a time, stand for thirty minutes at a time, and walk for half
a block. She said that she could sit for three hours a day and stand for four
hours a day. R. 41, 54. She testified that she could stand at the stove or
sink for five minutes at a time. She took showers because she could not
get into the tub. She said she could stand in the shower for ten minutes
and the hot water helped alleviate her pain. She could not reach to put her
hair in a ponytail, but she could brush her hair. R. 41-43.
Grabill testified that on bad days, she stayed in bed. She said that
she had bad days at least twice a week. R. 54. Grabill also said that she
daily walked half a block to the bus stop. She took the bus to her medical
appointments. R. 41, 54. Grabill testified that she had difficulty preparing
food for meals. She said her hands cramped up if she peeled potatoes.
Grabill testified that her daughter washed the dishes. R. 44.
Grabill related that she fell often. She said that during the year
preceding the hearing, she fell at least three times a month. She said she
spent time with her three grandchildren, but one of her sons or daughters
Page 13 of 25
was always present in case she had a problem. Grabill testified that she
had not gone to church in the last year due to her condition. R. 44-45.
Grabill said that she still sewed with a sewing machine. She had to
take breaks to get up and move around while sewing. She made doll
clothes for her grandchildren. She said it took her a month to make one doll
outfit. She said sewing took so long because her hands cramped up. She
also could not thread the machine because of a lack of coordination. Grabill
testified that the doctors did not know why she had problems with her
hands. R. 45-46.
Grabill said that after her November 2012 surgery, her legs and feet
started to swell. She testified that her whole body swelled. She said that
her hands were swollen at the hearing. She testified that the doctors did
not know why she had this swelling. R. 47. Grabill said that the swelling
was worst below her knees. She said her legs swelled daily. She stopped
wearing compression stockings because they cut off her circulation. She
said that she wrapped her legs daily due to the swelling. Her best friend
helped her wrap her legs. She also lay in bed and elevated her legs above
her head. She said that for the last three weeks she elevated her legs for
an hour twice a day. R. 48-49. She also indicated she elevated her legs
Page 14 of 25
once a day before that. She started elevating her legs about two months
after the November 2012 surgery. R. 50.
Grabill testified that she had shortness of breath. She took Symbicort
and Spiriva daily and used an albuterol nebulizer three times a day. Each
nebulizer treatment took twenty minutes. R. 51-52.
Grabill said she had mild sleep apnea. Due to the sleep apnea, she
had to sleep on her side. Grabill stated that she napped daily and had
trouble sleeping at night. She usually woke up three times a night. R. 5253.
Grabill indicated she had headaches regularly. She said, “By the end
of the day, every day I have a slight headache.” She stated that at least
twice a week she woke up with a severe headache that kept her in bed all
day. R. 55.
Vocational expert Hollander then testified. The ALJ asked Hollander
the following hypothetical question:
Let me ask you some hypothetical questions. And consider a
hypothetical individual who could perform light work;
occasionally lift 20 pounds, on a regular basis able to lift 10;
standing and walking six hours in an eight-hour workday; able
to sit two hours in an eight-hour workday with normally allotted
work breaks; this individual should avoid concentrated
exposure to temperature extremes, humidity, fumes, odors,
gases, and poor ventilation. Would you be able to identify
past work was at the sedentary level so I'm not going to ask
Page 15 of 25
about that one, but could you identify any work that could be
performed under that hypothetical?
R. 57. Hollander testified that the person could perform the jobs of
information clerk, with 1,800 such jobs in Illinois and 50,000 nationally;
counter clerk, with 490 such jobs in Illinois and 13,000 nationally; and
storage facility clerk, with 4,000 such jobs in Illinois and 125,000 nationally.
R. 57-58.
The ALJ asked Hollander the following:
Q I want to ask you some additional limitations here. And I'm
going to reduce this person to lifting 10 pounds frequently and
occasionally; they can sit for 20 minutes at a time and then
would need to stand for five minutes at a time, for a total of two
hours in an eight-hour workday of standing and walking; and
sitting six hours in an eight- hour workday; this individual should
also avoid concentrated exposure to temperature extremes,
humidity, fumes, odors, gases, and poor ventilation; however,
this individual should elevate their legs over their head two
times per day, for an hour each time. Would they be able to
perform any work you could identify with that limitation?
R. 58. Hollander opined that such a person could not work. R. 58.
Hollander also opined that a person could not work if she needed extra
work breaks, including two breaks of an hour a day. R. 58-59. Hollander
opined that such a person could not work if she was absent from work
three times a month. R. 59. The ALJ concluded the hearing.
Page 16 of 25
THE DECISION OF THE ALJ
The ALJ issued her decision on August 28, 2014. 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 one of the impairments (a
Listing) specified in 20 C.F.R. Part 404 Subpart P, Appendix 1 (Listings).
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
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),
Page 17 of 25
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 Grabill met her burden at Steps 1 and 2 of the
Analysis. She had not engaged in substantial gainful activity and she
suffered from the severe impairments of degenerative disc disease, facet
arthritis, chronic venous insufficiency of the bilateral lower extremities,
COPD, and obesity. R. 14. The ALJ determined at Step 3 that Grabill’s
impairments or combination of impairments did not meet or equal a Listing.
R. 15-16.
At Step 4, the ALJ determined that prior to April 1, 2014, Grabill had
the RFC to perform light work with the following additional limitations:
[S]he could lift 20 pounds occasionally and 10 pounds
frequently, stand and walk 6 hours, and sit 2 hours in an 8-hour
workday with normal work breaks. She could not tolerate
concentrated exposure to temperature extremes, humidity,
fumes, odors, gases, and poor ventilation.
Page 18 of 25
R. 16. The ALJ determined that on and after April 1, 2014, Grabill had the
RFC to perform sedentary work with the following additional limitations:
[S]he can lift 10 pounds frequently and occasionally, stand and
walk 2 hours, and sit 6 hours in an 8-hour workday. She can
only sit 20 minutes at a time before needing to stand for 5
minutes at a time. She cannot have concentrated exposure to
temperature extremes, humidity, fumes, odors, gases, and poor
ventilation. She would need two extra work breaks per workday
lasting one hour at a time to rest.
R. 19, 21. The ALJ explained why she determined that Grabill’s RFC
changed on April 1, 2014:
In reaching this conclusion, the undersigned finds that
beginning on April 1, 2014, the claimant's allegations regarding
her symptoms and limitations are generally credible. By April
2014, the claimant presented to Dr. Degreve with wheezing
from across the room with diffuse wheezing and basilar rales.
A repeat pulmonary function test showed moderate obstruction
with a FEV1 of 1.53 and FVC of 2.31, unimproved with
bronchodilators, as well as mildly impaired diffusion capacity,
but improved an FVC compared to her prior 2012 test. Later
that month, Dr. Degreve observed normal respiration and
breath sounds, 2+ deep tendon reflexes, normal sensory exam,
normal motor exam, and a negative straight leg raise, but a BMI
of 45.97, bilateral lumbar muscle spasms, and restricted lumbar
range of motion secondary to pain. The undersigned further
notes that from November 2013 to April 2014, the claimant
complained of no pain relief from her medications, including
Gabapentin, cyclobenzaprine, amitriptyline, Flexeril, NSAIDs,
muscle relaxers, and Tylenol, which tends to support a finding
of worsened symptoms as of the established onset date. Due to
the claimant's testimony that she experiences bad days due to
her pain and requires daily naps, the undersigned finds that she
is restricted to sedentary work with a sit/stand option and
requires two extra work breaks per workday lasting one hour at
a time.
Page 19 of 25
Moderate weight is given to the results from the claimant's April
2014 pulmonary function test, which continued to show
moderate obstruction. This is consistent with the claimant's
exams as of the established onset date.
R. 21 (internal citations to the record omitted). The ALJ determined at Step
4 that Grabill could not perform her prior relevant work. R. 21. The ALJ
determined at Step 5 that Grabill could perform a significant number of jobs
in the national economy prior to April 1, 2014, but could not thereafter when
her RFC changed. The ALJ relied on the Medical-Vocational Guidelines,
20 C.F.R. Part 404, Subpart P, Appendix 2 (Guidelines), and the opinions
of vocational expert Hollander that a person with Grabill’s age, education,
experience, and RFC prior to April 1, 2014, could perform the information
clerk, counter clerk, and storage facility rental clerk jobs. R. 22.
The ALJ concluded Grabill was disabled beginning April 1, 2014 (the
Onset Date), but not before that date. R. 23. Grabill’s Date Last Insured
was December 31, 2013. The ALJ, therefore, found that Grabill did not
qualify for DIB, but was disabled for purposes of SSI benefits.
Grabill appealed the decision on the ALJ. On February 11, 2016, the
Appeals Council denied Grabill’s request for review. The ALJ’s decision
then became the final decision of the Commissioner. R. 1. Grabill then
brought this action for judicial review.
Page 20 of 25
ANALYSIS
This Court reviews the Decision of the Commissioner to determine
whether it is supported by substantial evidence. Substantial evidence is
“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). The ALJ must articulate at least minimally her
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).
Grabill raises one issue on appeal. Grabill asserts that the ALJ erred
in finding that her Onset Date was April 1, 2014 rather than before
December 31, 2013 because: (1) the ALJ did not follow the required
analysis and (2) the selection of April 1, 2014 as the Onset Date was not
supported by substantial evidence. The Court finds no error on either
count.
The Social Security Administration set forth the process for
determining a claimant’s Onset Date in Social Security Ruling 83-20 (SSR
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83-20). See Brisco ex rel. Taylor v. Barnhart, 425 F.3d 345, 352 (7th Cir.
2005). The Onset Date “is the first day an individual is disabled as defined
in the Act and the regulations.” SSR 83-20, 1983 WL 31249 at *1. In cases
like this one with slowly progressive impairments, the ALJ must consider
Grabill’s alleged Onset Date, her work history, and medical and other
evidence:
In determining the date of onset of disability, the date alleged
by the individual should be used if it is consistent with all the
evidence available. When the medical or work evidence is not
consistent with the allegation, additional development may be
needed to reconcile the discrepancy. However, the established
onset date must be fixed based on the facts and can never be
inconsistent with the medical evidence of record.
SSR 83-20, 1983 WL 31249 at *3.
The ALJ followed the process required by SSR 83-20. Grabill alleged
that her Onset Date was January 15, 2012, the date she stopped working.
The ALJ found that this alleged Onset Date was not supported by the
evidence. The ALJ considered the medical evidence, Grabill’s testimony
and Function Report-Adult forms, as well as other evidence in the file.
The ALJ reasoned that Grabill’s condition progressed to a point that
she became disabled on April 1, 2014. The ALJ identified three factors:
(1) Grabill continued to have moderate obstruction of her breathing
demonstrated by the second April 2014 pulmonary function test; (2)
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beginning in November 2013 Grabill complained that her pain medication
was not effective; and (3) Grabill’s April 2014 physical exam showed that
she had an increased BMI of 45.97, lumbar muscle spasms, and restricted
lumbar range of motion secondary to pain. The ALJ concluded that this
evidence supported the conclusion that her RFC diminished to the point
that she could not work without two hour-long breaks. Vocational expert
Hollander opined that such a person could not work. The ALJ followed the
process required by SSR 83-20; she identified the Onset Date where the
medical evidence and the other evidence supported the conclusion that
Grabill’s impairments progressed to the point that she could not work.
There was no error in failing to follow SSR 83-20.
The ALJ’s conclusion was also supported by substantial evidence.
The ALJ’s RFC determination was supported by the opinions of Drs.
Gotway and Smith; the x-rays that showed a successful surgery on her
neck and only minimal degenerative changes elsewhere; the normal nerve
conduction/EMG study; the numerous examinations that showed normal
range of motion, normal sensation, normal strength, and negative straight
leg testing; as well as the Function Reports that showed a somewhat
higher level of activity in 2012 and 2013. The April 2014 exam showed
reduced range of motion and muscle spasms, as well as a continuingly
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increasing BMI. This exam showed an additional functional limitation that
supported the ALJ’s conclusion that Grabill’s functional abilities had
deteriorated by that point to a level that required a change in her RFC.
Grabill asks the Court to reweigh the evidence. The Court cannot
reweigh evidence. Clifford v. Apfel, 227 F.3d at 869. The Court can only
decide whether the record contains “such relevant evidence as a
reasonable mind might accept as adequate” to support the ALJ’s decision.
Richardson v. Perales, 402 U.S. at 401. A reasonable mind might accept
as adequate the evidence on which the ALJ relied.
Grabill argues that the April 2014 pulmonary function test does not
support setting the Onset Date as April 1, 2014 because the test showed
no material change from the 2012 test. The test by itself would not support
a finding that the Onset Date occurred in April 2014. The two pulmonary
function tests are comparable. The ALJ, however, did not rely on the
pulmonary function test alone. The ALJ also considered the fact that the
pain medication stopped being effective beginning in November 2013 and
the fact that by April 2014 the increased pain caused a limitation in Grabill’s
lumbar range of motion. The ALJ also considered the new symptom of
muscle spasms in April 2014. The ALJ concluded that the continuing
moderate obstruction in breathing, combined with the pain medication’s
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lack of efficacy, the functional change in Grabill’s range of motion, and the
muscle spasms established that Grabill’s impairments had progressed to
the point of disability. The ALJ did not rely solely on the pulmonary function
test.
Grabill accuses the ALJ of intentionally picking the April 2014 Onset
Date to deny Grabill DIB benefits. Grabill presents no evidence to support
this. The Court sees no evidence of bias or improper motive in the record.
THEREFORE Defendant Commissioner’s Motion for Summary
Affirmance (d/e 15) is ALLOWED, Plaintiff Grabill’s Brief in Support of
Motion for Summary Judgment (d/e 12) is DENIED. The decision of the
Commissioner is AFFIRMED. THIS CASE IS CLOSED.
ENTER: September 19, 2017
s/ Tom Schanzle-Haskins
_____
UNITED STATES MAGISTRATE JUDGE
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