Arnold v. Commissioner of Social Security
Filing
23
OPINION: Defendant Commissioner's Motion for Summary Affirmance (d/e 19 ) is ALLOWED, Plaintiff Arnold's Brief in Support of Motion for Summary Judgment (d/e 16 ) is DENIED, and the decision of the Defendant Commissioner is AFFIRMED. THIS CASE IS CLOSED.(SEE WRITTEN OPINION.) Entered by Magistrate Judge Tom Schanzle-Haskins on 3/11/2019. (GL, ilcd)
E-FILED
Wednesday, 13 March, 2019 02:13:51 PM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS, SPRINGFIELD DIVISION
MELISSA A. ARNOLD,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
Defendant.
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No. 17-cv-3248
OPINION
TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE:
Plaintiff Melissa A. Arnold appeals from the denial of her application
for Social Security Disability Insurance Benefits (DIB) under Title II and
Supplemental Security Income (SSI) under Title XVI of the Social Security
Act (collectively Disability Benefits). 42 U.S.C. §§ 416(i), 423, 1381a and
1382c. This appeal is brought pursuant to 42 U.S.C. §§ 405(g) and
1383(c). Arnold filed a Brief in Support of Motion for Summary Judgment
(d/e 16) (Brief). The Defendant Commissioner filed a Motion for Summary
Affirmance (d/e 19). The parties have consented to proceed before this
Court. Consent to the Exercise of Jurisdiction by a United States
Magistrate Judge and Reference Order entered March 14, 2018 (d/e 13).
Page 1 of 44
For the reasons set forth below, the decision of the Defendant
Commissioner is AFFIRMED.
STATEMENT OF FACTS
Arnold was born on December 19, 1962. She graduated from high
school. She last worked in September 2013. Arnold suffers from diabetes
mellitus, asthma, chronic intermittent diarrhea, degenerative disc disease
status post spinal surgery, lumbar scoliosis, osteoarthritis, obesity,
depression, personality disorder, and anxiety disorder. R. 18, 20-21, 106,
967, 1006. Arnold filed for her applications for Disability Benefits on
December 27 and 30, 2013. She alleged that she became disabled on
December 26, 2013.1
On June 14, 2013, Arnold went to Transitions of Western Illinois
(Transitions) for a mental health assessment. R. 580-92. The record
indicates that she went to Transitions because she had been convicted of a
felony and was required to do so as a mandatory condition of a 24-month
term of probation. R. 629. At that time, Arnold had a depressed affect with
feelings of worthlessness. Arnold’s speech and concentration were normal,
and her thought process was circumstantial. R. 588. Arnold was
1
Arnold previously applied for Disability Benefits on September 9, 2008. She alleged she became
disabled on May 30, 3008. An evidentiary hearing was held on July 29, 2010. R. 39-101. On January 12,
2011, an Administrative Law Judge determined that she was not disabled. R. 148-57. The record does
not indicate the outcome of any appeals.
Page 2 of 44
diagnosed with major depressive disorder and personality disorder not
otherwise specified.2 R. 589-90. Thereafter, Arnold received regular
mental health counseling and treatment at Transitions through at least the
spring of 2016. See R. 571-625, 676-722, 1127-65.
On August 27, 2013, Arnold had an MRI of her left knee and x-rays of
both knees. She reported constant pain in her knees. She said she rolled
her knee three years earlier. The MRI showed advanced tricompartment
osteoarthritis with deep cartilage loss, subchondral bone changes and
multiple osteochondral loose bodies; and knee joint effusion and synovitis.
R. R. 530. The x-rays showed osteoarthritis in both knees, with the left
greater than the right, and bilateral joint effusions, greater in the left than
the right. R. 531.
On September 13, 2013, Arnold saw her counselor at Transitions. R.
608-11. Arnold was doing well, stable, and had no complaints. R. 608.
Her mental status examination was normal. The counselor found that her
2
Arnold was assigned a Global Assessment of Functioning (GAF) score of 49. A GAF score is an
assessment of the overall level of functioning of an individual. A GAF score of 41 to 50 indicates serious
symptoms or serious functional limitations. American Psychiatric Association, Diagnostic and Statistical
Manual of Mental Disorders (4th ed. text rev. 2000) (DSM-IV-TR), at 34. The American Psychiatric
Association no longer recommends the use of GAF scores. American Psychiatric Association, Diagnostic
and Statistical Manual of Mental Disorders (5th ed. 2013) (DSM-5), at 16. The ALJ did gave little weight to
GAF scores in her decision. R. 29. Arnold does not challenge this aspect of the ALJ’s decision. The
Court, therefore, will not otherwise include GAF scores in this Statement of Facts.
Page 3 of 44
major depressive disorder and personality disorder were stable. R. 609.
The counselor said to continue current medications. R. 610.
On September 26, 2013, Arnold went to the Community Outreach
Clinic operated by Blessing Hospital in Quincy, Illinois. She saw nurse
practitioner Julie Barry, CNP. Arnold went to the clinic for a preoperative
clearance check before left knee arthroscopy with debridement. Arnold
weighed 232 pounds. She was alert and oriented. She had no joint
edema, full range of motion in all extremities. She reported discomfort in
her right shoulder with full range of motion. She had equal strength in all
extremities. R. 550.
On November 15, 2013, Dr. George Crickard III, M.D., performed a
left knee arthroscopy with partial medical meniscectomy to treat a left
medial meniscal tear. Dr. Crickard performed the surgery on an outpatient
basis. Dr. Crickard noted that “no untoward findings were seen: during the
surgery,” but also noted that the knee had other arthritic changes that
existed in the knee. R. 520.
On December 11, 2013, Arnold saw nurse practitioner Barry for onemonth follow-up after left knee arthroscopy. R. 554. Arnold reported that
her knee was better after the surgery. Arnold said “there was still a pop in
it at times.” Arnold reported increased pain and decreased range of motion
Page 4 of 44
in her right shoulder. She said she had less edema in her ankles. She
stated that she had some pain and cramping in her back. On examination,
Arnold had pain with range of motion in her right shoulder, but no pain on
palpation. Arnold was post-operative physical therapy for her left knee.
Barry added therapy for her shoulder to the therapy order. R. 554.
On December 19 2013, Arnold saw her counselor at Transitions. R.
604-07. Arnold was doing well, stable, and had no complaints. R. 604.
Her mental status examination was normal. The counselor found that her
major depressive disorder and personality disorder were stable. R. 605.
The counselor said to continue current medications. R. 606.
On January 6, 2014, Arnold saw a physical therapist for her joint pain
in her shoulder and left knee. R. 1656-58. Arnold told the therapist that
she was doing better until she got sore from delivering newspapers. The
therapist noted, “Disposition: was doing well until started walking through
snow delivering papers.” R. 1656. The therapist noted that Arnold
generally had strength in her shoulders and lower extremities ranging from
-4/5 to 4/5. R. 1656-57.
On January 14, 2014, Arnold saw a physical therapist. R. 1666-68.
Arnold rated her shoulder pain at 7 out of 10, and her knee pain at 5 out of
10. Arnold said that climbing stairs “0-10 minutes” and walking “0-10
Page 5 of 44
minutes” were factors that aggravated her pain. Arnold said that she was
“Doing well today” and was “sore from walking a lot yesterday.” R. 1666.
On examination, Arnold had an abnormal, stiff knee gait, moderate. Her
left knee was “hypermobile.” Her lower bilateral extremity muscle strength
was 4/5 in except for -4/5 in her knee extensions. R. 1666-67. The
therapist guided Arnold through a set of exercises. Arnold tolerated the
therapy with minimal complaints of pain and difficulty. R. 1668.
On January 28, 2014, Arnold saw physician’s assistant Steven
Dement, P.A., for a corticosteroid injection in her knee. Arnold reported
she had aching in her knee, but was still participating in physical therapy
and performing her exercise program. She rated the pain in her knee at 7
out of 10 and said the pain was intermittent. Dement gave her the
injection. R. 476-77.
On February 6, 2014, Arnold went to Blessing Hospital emergency
room. She reported that two days earlier she slipped and fell on ice while
delivering newspapers. Since then, she had nausea and lower back pain.
She said her pain was moderate. R. 518. X-rays of her lumbar spine
showed spondylolisthesis at L4 on L5 without obvious spondylotic defect,
moderate progressive degenerative narrowing at that level; mild narrowing
at L5-S1 that was stable, and marginal osteophytic spurring at the L1-2
Page 6 of 44
level that was stable. There were also stable degenerative changes in the
sacroiliac joints. R. 538. A head CT scan showed no acute intracranial
abnormality and no evidence of a skull fracture. R. 539. Arnold’s condition
improved and she was released from the emergency room. R. 519.
In February 2014, Arnold completed a Function Report—Adult form.
R. 366-73. Arnold stated that she could not work because she had
problems standing, sitting, and walking; she could not lift more than 10
pounds; she had problems gripping with her right hand; she had a short
attention span; and “sometimes my other personality comeout (sic).” R.
366. Arnold said that in a typical day, she got up, dressed, ate breakfast,
talked to her mother, and ate lunch. She said after lunch she spent time
with a friend two to three times a week or else she took short walks or read.
She made supper and watched television in the evening. R. 367.
Arnold said she slept four to five hours a night. She said her pain
interfered with her sleep. Arnold said she made all her meals from scratch
because she was allergic to chemicals in prepared foods. She stated that
she took two to three hours to cook each day, with breaks. Cooking took
longer, according to Arnold, because of her limited ability to stand. Arnold
did dusting, vacuuming, and dishes. She said she pulled weeds in her
yard. She said she sometimes needed encouragement to do these tasks
Page 7 of 44
“sometime when my body is really hurting or to remember to do it.” R. 368.
She said she did not do some housework and yardwork because she had
trouble bending due to pain.
Arnold stated that she went outside every day except when she was
sick or the weather was bad. She did not drive because she did not have a
driver’s license. She took public transportation. She shopped for medicine
and shopped for groceries two to three times a month. R. 369. She
regularly went to church. R. 370.
Arnold said she read books and magazines daily, watched television
daily, and worked puzzles when she could find one. She had problems
sitting still which made it hard to concentrate and did not go out “as much
as she should” due to her impairments. R. 269-70.
Arnold said that she could lift 10 pounds and walk three blocks. She
said her back became tight after standing for 20 minutes. She could not
squat, and she hurt when bending or kneeling. She also said she had
weakness in her right hand. R. 371. Arnold said she could follow written
and spoken instructions, and authority figures made her nervous but she
got along with them. She said she took walks to handle stress and used a
cane when her knees bothered her. R. 372.
Page 8 of 44
On February 27, 2014, Arnold saw her physical therapist for her left
shoulder and left knee. R. 1697-99. Arnold rated her pain currently at 8/10
with activity. Arnold said that currently her right side was sorer than the
left. She said she “[h]ad been on her feet all morning.” On examination,
her lower extremities bilaterally had mild restrictions on flexibility and
muscle strength that ranged from +3/5 to 5/5 depending on the motion.
Arnold’s knee extensions were +4/5 and her knee flexions were 5/5 on the
left and +4/5 on the right. R. 1697. Arnold tolerated the therapy session
with minimal complaints of pain and difficulty. R. 1698.
On March 13, 2014, Arnold saw state agency psychologist Dr. Frank
Froman, Ed.D., for a mental status examination. R. 627-33. Dr. Froman
had examined Arnold before. R. 627. Dr. Froman assessed chronic mild
major depressive disorder; and mixed personality disorder with borderline,
inadequate, dependent and antisocial traits. Dr. Froman opined that Arnold
“appears able to perform simple one or two step assemblies at a
competitive rate, as long as she is able to sit down. She feels that her
walking is limited to no more than three blocks before she ‘crashes.’” Dr.
Froman opined that Arnold could relate “modestly, but accurately” to
others; and understand oral and written instructions. Dr. Froman stated,
Page 9 of 44
“As long as the job would not be too stressful for her, I believe that she
would be able to function competitively.” R. 630.
Dr. Froman noted that Arnold told him that she had been convicted of
a felony, and that she had been fired from her last job because of the
felony. Arnold told Dr. Froman that she was serving a 24-month term of
probation with mandatory counseling at Transitions. R. 629.
On March 18, 2014, Arnold saw her counselor at Transitions. R596Arnold was doing well, was stable, with no complaints. R. 596-99. Her
mental status examination was normal. The counselor found that her major
depressive disorder and personality disorders were stable. R. 597. The
counselor said to continue current medications. R. 598.
On April 19, 2014, Arnold saw state agency physician Dr. Raymond
Leung, M.D., for a consultative examination. R. 636-42. Arnold said that
she had arthritis all over. She had pain from scoliosis in her spine. She
said she had injections in her low back, but they did not work to relieve the
pain. She said that physical therapy did not work and her pain medication
did not work. She indicated that she did not use a cane or walker. Arnold
stated that she could walk three blocks and lift 10-15 pounds. Arnold
stated that she currently helped deliver newspapers. R. 636.
Page 10 of 44
On examination, Arnold was 66 1/8 inches tall and weighed 226
pounds. She was alert and oriented. Her memory was intact and her fund
of knowledge was normal. Arnold walked with a mild limp. She could walk
50 feet unassisted. She could tandem, heel, and toe walk. She could
squat ½ way down and had difficulties hopping on her right leg. Arnold had
decreased range of motion in her knees, cervical spine, and lumbar spine.
Arnold had no muscle atrophy. Arnold’s pinch, arm, and grip strength was
5/5. Her leg strength was 4+/5. Arnold had no difficulty getting on and off
the examination table. She had no edema in her lower extremities. R. 638.
Dr. Leung’s impression was arthritis and minimal scoliosis with decreased
range of motion in her spine and knees. R. 639.
April 24, 2014, Arnold saw Dr. Maria Espijo, M.D., for a follow up. R.
644-47. Dr. Espijo gave Arnold a transforaminal epidural steroid injection
at L4-L5 in her lumbar spine in March 2014. R. 1019-20. Arnold saw Dr.
Espijo early for her follow up because Arnold complained of persistent
weakness in her lower extremities. Dr. Espijo noted, however, “It is
interesting, however, that she walked 8 blocks to come to the clinic today.”
R. 645. Arnold reported that she had no pain immediately after the
injection, but the pain began to return the next day. Arnold did not report
any numbness. She said that she had more pain and weakness. R. 645.
Page 11 of 44
On examination, Arnold had a slightly antalgic gait with complaints of knee
pain. The muscles in the lower extremities were normal except for slight
pain inhibited weakness due to knee pain. Arnold’s sensory nerves were
normal. Dr. Espijo increased Arnold’s muscle relaxants. Dr. Espijo stated
that Arnold’s lower extremity weakness was not radicular, but came from
her pain. Dr. Espijo recommended a referral to a spine surgeon. Arnold
said her primary healthcare provider was looking for a surgeon for her left
knee. R. 64.
On May 13, 2014, state agency psychologist Dr. Linda Lanier, Ph.D.,
prepared a Psychiatric Review Technique and Mental Residual Functional
Capacity Assessment. R. 167-69; 172-74. Dr. Lanier found that Arnold
suffered from affective disorders (depression) and personality disorders.
Dr. Lanier opined that, due to her mental impairments, Arnold had mild
restrictions on activities of daily living and moderate difficulties in
maintaining concentration, persistence or pace; but no difficulties in social
functioning and no episodes of decompensation. R. 168. Dr. Lanier
opined that Arnold was moderately limited in her ability to complete a
normal workday and workweek without interruption, or to perform at a
consistent pace. Dr. Lanier opined that Arnold’s ability to maintain
sustained concentration may be affected by depression. Dr. Lanier said
Page 12 of 44
that Arnold was moderately limited in her ability to interact with the public,
and moderately limited in her ability to accept instructions and criticism
from supervisors, and in her ability to get along with coworkers. Dr. Lanier
explained that Arnold had a lowered social tolerance due to her mental
impairments. R. 172-73.
Dr. Lanier concluded:
[Claimant] has the cognitive ability to remember general work
procedures, and retains the capacity to understand and
remember moderately complex instructions.
She has attention and concentration necessary to persevere at
and complete those operations for time periods usually
expected in the work force. She retains the capacity to maintain
a schedule and be on time. She would need only common
supervision. She has the pace and endurance necessary to
fulfill a normal workday and week on a consistent basis, to
perform at a consistent acceptable rate, and would require only
common numbers and lengths of rest breaks.
She has lowered social tolerance due to depression and
personality disorder but can relate appropriately in socially
undemanding settings with low stress demands that require
only brief superficial interactions and with reduced interpersonal
contact away from the general public.
She retains the capacity to adapt to simple changes in daily
routines, and the capacity to be aware of and self -protective of
common hazards. She retains the capacity to utilize public
transportation to and from a place of work.
R. 173.
Page 13 of 44
On May 20, 2014, state agency physician Dr. Richard Lee Smith,
M.D., prepared a Physical Residual Function Assessment of Arnold. R.
170-72. Dr. Smith opined that Arnold could lift 20 pounds occasionally and
10 pounds frequently; stand and/or walk six hours in an eight-hour
workday; sit six hours in an eight-hour workday; and frequently climb ramps
or stairs, stoop, kneel, crouch, and crawl; and never climb ladders, ropes,
and scaffolds. Dr. Smith also said that Arnold should avoid concentrated
exposure to extreme cold, heat, humidity, fumes, dusts, odors, gases, and
poor ventilation. R. 170-71.
On July 23, 2014, Arnold saw orthopedic nurse practitioner Nicollette
Haubrich, ANP, FNP-BC for bilateral knee pain. R. 739-42. Arnold said
she had the pain for three to four years. She said she fell when she
stepped on some acorns. Arnold said the pain was a “constant achy pain
with muscle spasm in the left leg only.” Arnold indicated she had catching
in her left knee a couple of times a day. Arnold said standing, walking,
twisting, squatting, going up and down stairs, and sometimes sitting
aggravated her pain. Arnold said that physical therapy did not work and an
injection in the left knee did not work to relieve the pain. Arnold said that
she walked with a cane since the springtime in 2014. R. 740.
Page 14 of 44
On examination, Arnold’s knees were tender to palpation; the
alignment of the patella in the left knee was lateral; the quadriceps and
hamstring muscles had 5/5 strength bilaterally; the left knee was positive
for valgus stress; and both knees were positive for varus stress and patella
SLR with knee flexion/extension crepitus. R. 741-42. Haubrich diagnosed
bilateral knee pain, greater on left; moderate right and severe left
tricompartmental osteoarthritis; overweight; and borderline diabetic.
Haubrich prescribed a knee brace and recommended alternating heat and
ice on the affected area, to continue home exercises, and to continue her
medication. Arnold wanted to consider a steroid injection in the right knee.
R. 742.
On September 22, 2014, Arnold saw orthopedic surgeon Dr. Khaled
J. Saleh, M.D., F.A.C.S., for bilateral knee pain. R. 735-36. Arnold said
the left knee bothered her the most. She said she had pain in her left knee
when she walked and when she went up and down stairs. She had
difficulty squatting. Dr. Saleh noted, “She had difficulty walking for her job,
which is helping someone with their paper route.” R. 735. On examination,
Arnold was 67 inches tall, weighed 233.6 pounds, and had a body mass
index (BMI) of 36.66. R. 736. Arnold’s left knee had significant opening of
the medial compartment on valgus stress; significant decrease in range of
Page 15 of 44
motion; and her patella crepitus was sometimes painful. Dr. Saleh
assessed bilateral knee arthritis, left greater than right. Dr. Saleh
discussed a total knee replacement, but said that she needed to lose 20
pounds and get her blood sugar under control first. R. 736.
On November 4, 2014, surgeon Dr. Nitin Kukkar, M.D., performed a
transforaminal lumbar interbody fusion surgery at L4-L5 of Arnold’s lumbar
spine. R. 1031-40. On December 18, 2014, Arnold saw Dr. Kukkar for a
follow up. R. 723-24. Arnold said that she was doing very well. Her back
pain was zero 0 out of 10. She said she had some pain in her left leg and
some “very occasional,” “very mild” spasms. She said she was “very, very
happy with the surgery.” Dr. Kukkar said that her neurological examination
on November 4 was “excellent” and she had 5/5 strength in all muscles. R.
724.
On December 16, 2014, state agency psychologist Dr. Tyrone
Hollerauer, Psy.D., prepared a Psychiatric Review Technique and Mental
Residual Functional Capacity Assessment. R. 199-201, 206-08. Dr.
Hollerauer said that, due to her mental impairments, Arnold had mild
restrictions on activities of daily living and moderate difficulties in
maintaining social functioning, but, had no difficulties in maintaining
concentration, persistence or pace, and had no episodes of
Page 16 of 44
decompensation. R. 199. Dr. Hollerauer opined that Arnold was
moderately limited in her ability to complete a normal workday and
workweek. Dr. Hollerauer explained that her depression may affect her
ability to maintain sustained concentration. Dr. Hollerauer found that
Arnold was moderately limited in interacting with the public and getting
along with coworkers. R. 208. Dr. Hollerauer restated verbatim Dr.
Lanier’s concluding opinions quoted above. R. 208.
On December 17, 2014, state agency physician Dr. Charles Wabner,
M.D., prepared two Physical Residual Functional Capacity Assessments,
one Assessment as of the last date that Arnold qualified to receive DIB
benefits September 30, 2014 (Date Last Insured); and a current
Assessment. R. 202-06; see R. 20. Dr. Wabner opined that, as of Arnold’s
Date Last Insured, she could occasionally lift 20 pounds and frequently lift
10 pounds; sit and/or walk six hours in an eight-hour workday; sit six hours
in an eight-hour workday; frequently climb ramps and stairs, stoop, kneel,
crouch, and crawl; never climb ladders, ropes, and scaffolds; and should
avoid concentrated exposure to extreme heat and cold, fumes, odors,
dusts, gases, poor ventilation, and hazards from machinery or heights. R.
202-04. Dr. Wabner opined in his current assessment that, as of
September 30, 2014, Arnold’s residual functional capacity changed from
Page 17 of 44
the Date Last Insured only in that she could now only occasionally climb
ramps and stairs, stoop, kneel, crouch, and crawl. R. 205-06. Dr. Wabner
did not indicate in his current assessment whether Arnold should avoid
extreme heat and cold, fumes, odors, dusts, gases, poor ventilation, and
hazards from machinery or heights.
On December 12, 2014, Arnold saw her counselor at Transitions. R.
676-79. Arnold stated that she was doing all right. Her mental status
examination was normal. R. 677. Arnold denied any symptoms of
depression. She said she was sleeping well. R. 1162.
On December 19, 2014, Arnold saw Dr. Kukkar for a follow up
examination. R. 723-24. Arnold reported that she was doing “very, very
well.” She rated her pain at 0 out of 10. She said that she some “very
occasional” and “very mild” spasms and pain in her left leg. Arnold said she
was very happy with the surgery. X-rays showed the hardware to be in
good position. R. 723. Arnold’s neurological examination was “excellent”
and she had 5/5 strength in all muscles.
On December 19, 2014, Arnold also saw her counselor at
Transitions. R. 680-83. Arnold said that she was having some issues with
her knee, but was doing well. The counselor noted that she was stable. R.
680. Arnold’s mental status examination was normal and her major
Page 18 of 44
depressive disorder was stable. The counselor recommended continuing
her current medications. R. 683.
On February 3, 2015, Arnold saw her counselor at Transitions. R.
1158-61. She said she was doing well. R. 1158. Her mental status
examination was normal. R. 1159. The counselor recommended
continuing her medications. R. 1160.
On March 31, 2015, Arnold saw nurse practitioner Barry. Arnold
described her health as good. Arnold reported that she walked for
exercise. Arnold reported pain in her knees. She wore a brace on her right
knee. Arnold said she was trying to diet to lose weight. She said she had
gassiness and diarrhea several times a week. She said she had no pain,
but mild cramping and loose stools. Arnolds said that dicyclomine helped
with the diarrhea and gassiness. Arnold said that she had joint pain, but no
joint swelling, no stiffness, no back pain, and no muscle weakness. Arnold
reported she had no headaches, no numbness, and no tingling. Arnold
said she had no feelings of depression and was not feeling anxious. R.
1006. On examination, Arnold’s abdomen had normal bowel sound, and
was soft and non-tender. Arnold has a normal gait, normal movement and
full range of motion in all extremities, and normal muscle strength and tone.
Page 19 of 44
Barry noted crepitus in the left knee. Arnold’s spine was normal. Arnold’s
mood and affect were normal. R. 1009.
On April 2, 2015, Arnold saw Dr. Kukkar. R. 921-23. Dr. Kukkar said
that Arnold was doing very well and was back at work full time. Arnold
reported that two weeks before this office visit, she picked up 80 pounds on
her back. Arnold started feeling back pain, but the pain was getting better.
On examination, Arnold’s neurological examination was normal and an xray showed that her surgical hardware was in good position. R. 921.
On May 1, 2015, Arnold saw her counselor at Transitions. Arnold told
the counselor that she was fully recovered from her back surgery. Arnold
said she would like to work. R. 1184.
On June 4, 2015, Arnold went back to see Dr. Kukkar. Arnold
reported that she continued to have back pain, but not as bad as before the
surgery. The pain was always in her back, and the pain worsened with
activity. A CT scan showed some failure of the surgical fusion with
pseudarthrosis and a break-up of the interbody. Dr. Kukkar recommended
a second surgery to repeat the spinal fusion. Arnold agreed to the second
surgery. R. 853-54.
On June 10, 2015, Arnold saw nurse practitioner Barry. Arnold
reported that she walked for exercise. Arnold said she had constant
Page 20 of 44
diarrhea. Arnold said she did not like taking dicyclomine. Arnold told Barry
“stools are less when she takes them but doesn’t remember to take them.”
R. 994. On examination, Arnold’s abdomen had normal bowel sounds and
was soft and non-tender. Arnold had normal gait, no joint swelling, and
normal movement in all extremities, normal muscle strength and tone.
Arnold’s mood and affect were normal. R. 997.
On July 7, 2015, Dr. Kukkar performed a repeat fusion surgery on
Arnold at L4-L5. R. 1054-59. On July 23, 2015, Arnold saw Dr. Kukkar for
a follow up. Arnold was doing well. She had some pain on the right side
and buttock. Dr. Kukkar removed the stitches. X-rays showed the
hardware was in excellent position. Neurologic examination was normal
with 5/5 strength in all muscles. R. 846.
On July 21, 2015, Arnold saw a counselor from Transitions. Arnold
said she was feeling more depressed. She said she had been “getting out
to walk and enjoys doing that.” Arnold was in a positive mood. The
counselor said she was able to cope with her symptoms by walking. R.
1201.
On August 4, 2015, Arnold saw her counselor at Transitions. R.
1150-53. She said she was doing well. R. 1150. Her mental status
examination was normal. The counselor adjusted Arnold’s diagnosis to
Page 21 of 44
depression and anxiety, and removed the diagnosis of major depressive
disorder. R. 1152.
On August 7, 2015, Arnold saw Dr. Ochuele Odumosu to establish a
primary care relationship with him. Arnold reviewed her history concerning
her conditions including her surgeries. Arnold also reported chronic
abdominal pains with diarrhea “on and off.” Dr. Odumosu said Arnold was
scheduled for a gastrointestinal (GI) evaluation on August 31, 2015.
On examination, Dr. Odumosu observed that Arnold’s abdomen had
normal bowel sounds, was soft, non-tender, and had no hepatosplenomegaly. Arnold had no joint swelling, normal movement in all
extremities, no joint instability, and normal muscle strength and tone.
Arnold said she used a cane to walk long distances. Arnold’s mood and
affect were normal. R. 983-84.
On August 17, 2015, Arnold saw her counselor at Transitions. Arnold
said she had been cleaning her church as part of her community service
and helping her friend with a paper route. Arnold said, though, that she did
not want to get out of bed somedays. Her counselor encouraged her “to
get up and get moving to help improve her motivation.” R. 1208.
On August 20, 2015, Arnold saw Dr. Kukkar for a follow up. Arnold
reported that she was doing very well except for some right flank pain. She
Page 22 of 44
reported her pain to be mostly at a 2 out of 10 level. She also had
occasional spasms with pain at 8 out of 10. She had 5/5 strength in all of
the muscles in her lower extremities. She walked without support, but still
wore a brace. X-rays showed that the hardware was in excellent position.
R. 839.
August 31, 2015, Arnold saw gastroenterologist Dr. Daniel Moore,
M.D., for a GI evaluation. Dr. Moore noted Arnold’s history of diarrhea. Dr.
Moore noted that dicyclomine reduced the number of bowel movements
and firmed up the bowel movement. Dr. Moore noted that nurse
practitioner Barry noted that Arnold did not like taking dicyclomine and
forgot to take it. R. 967. Arnold told Dr. Moore that she had chronic
intermittent diarrhea for over a year. Arnold kept a food diary for the last
three months. The diary showed diarrhea every four to five days. Arnold
confirmed that dicyclomine helped, but she did not like taking it. She said
she tried over-the-counter probiotics which made the diarrhea worse. R.
967. On examination, Arnold had normal bowel sounds, her abdomen was
soft and non-tender, with no hepato-splenomegaly, no abdominal mass
palpated, and no hernia discovered. Dr. Moore assessed diarrhea and
recommended eating more fiber and to continue the dicyclomine. Dr.
Page 23 of 44
Moore also suggested a more detailed review of her diet to identify possible
causes for the diarrhea. R. 970-71.
On September 4 and 15, 2015, Arnold saw her counselor at
Transitions. Arnold stated that she had improved her motivation to
complete tasks. Arnold stated that she had been working with a friend on
the friend’s paper route. R. 1212-13.
On September 29, 2015, Arnold had an x-ray of her lumbar spine.
The x-ray showed post-surgical changes with mild degenerative changes of
the lumbar spine without evidence of an acute fracture. R. 1113.
On October 1, 2015, Arnold saw Dr. Kukkar for a follow up. R. 81719. Arnold said she had some intermittent mild back pain. She described
the pain as dull and did not radiate. On examination, Arnold’s gait and
station were normal. She had normal strength and tone bilaterally, and her
sensory function was normal. R. 817.
On October 26, 2015, Arnold saw her counselor at Transitions.
Arnold reported that she had not felt depressed lately. Arnold said that
helping at her church and going for walks helped her keep from getting
depressed. R. 1224.
On November 10, 2015, Arnold saw a nurse at Transitions for
medication monitoring. Arnold denied any symptoms of depression. She
Page 24 of 44
said that her mood was good and stable. Arnold said that she was not
having any problems sleeping; in fact, Arnold stated that she was “sleeping
much more than she should be.” R. 1230. Her mental status examination
was normal. R. 1147.
On November 12, 2015, Arnold saw Dr. Kukkar for a follow up. R.
809-12. Arnold stated that a month earlier she started having moderate
mid back pain. At the visit, her pain level was a 1 out of 10. R. 809. On
examination, Arnold’s joints, bones, and muscles appeared normal with
normal strength and range of motion. Dr. Kukkar administered trigger point
injections around the left scapular border. R. 811.
On December 1, 2015, Arnold saw Dr. Odumosu for increased right
knee pain. R. 942-46. Arnold said she had pain in both knees, but the
right was worse than the left. Arnold reported swelling in her right knee for
three weeks and pain for a week and a half. Arnold rated the pain as 8 out
of 10. Arnold said she previously used a knee brace, but could not
currently because of the swelling. R. 942. Arnold said she used a cane to
walk long distances. R. 945. On examination, Dr. Odumosu found no joint
swelling, normal movement in all extremities, no joint instability, and normal
muscle strength and tone. R. 945. Dr. Odumosu referred Arnold back to
the orthopedic surgeon. R. 945.
Page 25 of 44
On December 10, 2015, Arnold saw nurse practitioner Haubrich for
her right knee pain. Arnold reported knee spasms and pain for two weeks
before the appointment. Arnold said her knee pain was 7 out of 10. Arnold
ambulated with a cane. She said knee spasms and pain were waking her
up at night. She said the brace Haubrich prescribed in October 2014 did
not fit any more because of swelling. Arnold asked for a new brace.
Arnold said both knees popped and cracked. She said that she felt
unstable walking; she felt like her knees may give out on her. R. 795. On
examination, Arnold had an antalgic gait. Arnold had painful, restricted
range of motion in her right knee. Arnold’s strength was 5/5 bilaterally in
her quadriceps and hamstrings. X-rays taken December 1, 2015, showed
tricompartmental joint space narrowing, marginal spurring, and small joint
effusion; but, no fracture or dislocation. Haubrich diagnosed
tricompartment osteoarthritis of the knee. Haubrich recommended weight
loss to reduce discomfort, increase range of motion and strength, and
provide a better outcome of any possible surgery. Haubrich indicated that
she would seek a surgeon who would perform a knee replacement.
Haubrich prescribed alternating heat and ice, physical therapy, and
exercise. R. 797.
Page 26 of 44
In December 2015, Arnold participated in regular physical therapy.
Several times during these sessions, Arnold reported significant walking.
On December 15, 2015, Arnold told her therapist that her hip was sore
because she had “walked too much this weekend.” R. 1738. On
December 22, 2015, Arnold stated that her right hip was hurting, but Arnold
“did a lot of walking today.” R. 1741. On December 28, 2015, Arnold
stated that both hips were sore, “but has been doing a lot of walking today.”
R. 1746.
On January 22, 2016, Arnold saw Dr. Odumosu for acid reflux and
high cholesterol. R. 93640. Arnold said she was having pain in her right
shin and had been getting more headaches. Dr. Odumosu noted that
Arnold was wearing a right knee brace. Arnold said that the shin pain was
unrelated to the knee brace. Dr. Odumosu noted that he was prescribing
pain medication for the knee pain. Dr. Odumosu said that Arnold’s
migraine headaches were well controlled with medication. R. 936. On
examination, Arnold had no joint swelling, no joint instability, normal
strength and muscle tone, and normal movement in all extremities. Arnold
used a cane to walk long distances. She walked with a limp. Arnold’s
spine was normal. R. 939.
Page 27 of 44
On February 2, 2016, Arnold saw Dr. Kukkar for a follow up on
Arnold’s back surgery. Arnold’s pain was 0 out of 10. She only complained
of knee pain. X-rays showed a stable L4-L5 fusion with minimal
retrolisthesis L1 on L2. Dr. Kukkar discharged Arnold from his care. R.
805, 1116.
In winter and spring of 2016, Arnold reported to her counselor at
Transitions that she walked to reduce her anxiety. On February 22, 2016,
Arnold told her counselor that she had been going for long walks since the
weather had been good. She stated that going for walks reduced her
anxiety. R. 1251. Her mental status examination on February 22, 2016
was normal. R. 1143. On March 17, 2016, Arnold told her counselor that
she used music and walking exercises to decrease her stress. R. 1257.
On March 21, 2016, and April 5, 2016, Arnold stated that walking and
meditation helped her manage her anxiety. R. 1258, 1260.
THE ADMINISTRATIVE HEARING
On July 28, 2016, an Administrative Law Judge (ALJ) conducted an
evidentiary hearing. R. 102-44. Arnold appeared with her attorney.
Vocational expert Michelle Peters-Pagella appeared by telephone. R. 104.
Arnold testified first. Arnold said she graduated from high school.
She lived with her mother. R. 106, 112. She last worked in 2011 as an
Page 28 of 44
independent contractor delivering newspapers for the Quincy Herald Whig
newspaper. R. 106. Before that, she worked as an aid in a healthcare
facility called Addus Healthcare. She provided care to elderly and disabled
residents. R. 107. Previously, she worked in a kitchen in a care facility.
She washed dishes and helped “get things ready for the next meal.” R.
108. Prior to that she worked as a sales representative and for a facility
that assembled car parts. R. 108-09.
Arnold said she was not working because, “Between my, my back
and my feet and my legs, I have problems standing any long period of
time.” R. 110.
The ALJ asked Arnold if she left Addus Healthcare for health reasons
or other reasons. Arnold said she left for other reasons. Arnold said she
was let go from the company. “They said I had stole some stuff from a lady
which she had given me consent to take home and mend some stuff and
bring it back.” The ALJ asked if that event resulted in any criminal charges.
Arnold said no, only discharge from work. R. 110.
The ALJ asked about references in the file about some legal charges.
Arnold’s attorney said that she had been in legal trouble before. Arnold
stated that she had gone to jail in Quincy, Illinois, in August of 2014.
Page 29 of 44
Arnold said she was there about 30 days. She said “somebody said I stole
a purse out of a car.” R. 137.
Arnold said she has been looking for work since she stopped
delivering newspapers. R. 110. She looked for kitchen work, but was not
sure she could do the work. R. 111.
Arnold indicated she was 5 feet 7 inches tall and weighed 239
pounds. R. 112. She could lift 10 pounds on a regular basis. R.111. She
later indicated that the most weight she could lift was 10 pounds. R. 135.
She stated she went up and down stairs at home one step at a time. R.
111. She could not bend, squat, and stoop without pain. R. 136.
Arnold said she had two surgeries on her back. She testified she had
pain in her back when she walked. R. 113-14. Her back seized up and
she still had back pain after her surgery. She said her back still seized up
occasionally. She explained that when her back seized, “It just tightens up
into a ball.” R. 114. The pain was in the middle of her back, but did not
radiate. R. 114-15. Arnold said her back felt better sometimes when she
sat or stood. She said she changed positions one to two times an hour.
She did not lie down because of her back pain. R. 115.
Arnold testified that she had pain in her right hip when she walked
and stood. She said the pain was “a stabbing and burning sensation.”
Page 30 of 44
Arnold said her left knee needed to be replaced. She had a knee brace
from Haubrich (transcribed phonetically as Holbrook). R. 116. Arnold said
she had to lose weight before she can have the knee replacement. Arnold
said her left knee was not “real stable” when she stood. She could stand
about two to three hours before her left knee started to hurt. Arnold said
she had a brace on her right knee to keep it from going out, but the knee
still hurt. R. 117.
Arnold said that her knee started hurting after she stood for 10 to 15
minutes. She acknowledged that she just said she could stand for two to
three hours. She said her pain depended on what she was doing. She
said that she could just stand for 45 minutes to an hour before her knees
would start to hurt. R. 117-19.
Arnold said she had swelling in her knees and ankles. Once or twice
a week, she elevated her legs in the evening for an hour. R. 120-21.
Arnold indicated she had been elevating her legs for five to 10 years. R.
121. She had arthritis pain in her ankles and had physical therapy for the
pain. R. 121.
Arnold testified about her treatment at Transitions. Arnold said she
had anxiety. She had crying spells four to five times a month. She stopped
eating when she had anxiety attacks. Arnold said she also had panic
Page 31 of 44
attacks. Arnold could not remember what happened during a panic attack
except she got “real stressed out and I don’t eat.” R. 122. She also did not
want to do anything when she had a panic attack. She said she had panic
attacks two to three times per month. R. 123.
Arnold said she had problems with severe diarrhea. She had
diarrhea four to five times a month. The diarrhea lasted up to three days at
a time. She went to the bathroom twice an hour when she had diarrhea.
Each trip lasted 10 to 15 minutes. She said that she also had cramps and
sudden urges to go. Arnold said she had accidents five times in the last
month when she failed to get to the bathroom in time. She said the
problem had been severe for a year. R. 125-26.
Arnold said she had pain in her shoulder and arms. She said, “I get
shooting pains and a couple of bone chips in [her elbow], so they hit the
nerve wrong and I can lose feeling. It’s all the way up to my hand.” R. 128.
She said that throwing newspapers caused the bone chips. R. 128.
Arnold said she had arthritis in her hands. She said she could type
“somewhat.” She could hunt and peck. She said her fingers got stiff and
sore. She could use her hands about four or five hours before they
became stiff and sore. She said she had no feelings in the fingertips of her
right dominant hand. R. 128-19. She had difficulties picking up small
Page 32 of 44
objects on the floor. She said, “I either have to jam my fingernail on the
floor to do it or literally watch myself pick it up.” R. 129.
Arnold said that her medicines made her dizzy about two to three
times a week. The dizzy spells lasted 30 minutes. She had to sit down
during the spells. R. 130.
Arnold said she did her own grocery shopping. She rode the bus to
the store, and a friend picked her up and drove her home after she finished.
Arnold said she had problems reaching items on the shelves if her back
was hurting. She walked around the store for an hour shopping. She held
onto the grocery cart for support. She sat down at the grocery store and
took two to three breaks while shopping. R. 133.
Arnold said that during a typical day, she helped her mom out with
whatever her mom needed. She sometimes did yard work. She said that
she pulled weeds for about two hours at time, then she had to get up. She
had problems getting on her knees to scrub floors. During an eight-hour
day, she sat about half the time during the day and stood the rest. During
that time, she usually changed positions three to four times. She did not lie
down during the day. R. 134-35. She had no problems dressing herself.
After her first back surgery, she used a shower chair to take a shower. R.
134.
Page 33 of 44
Arnold testified that she stopped driving because she had trouble
concentrating. She said she did not renew her license because she could
not drive. She indicated she did not have trouble concentrating while
reading or watching a television show. R. 131. Arnold later testified that
she told Social Security evaluators that her license was suspended
because she accumulated too many points. She admitted to the evaluators
that she had a “lead foot.” R. 137-38. Arnold said that she was eligible to
have her license reinstated. R. 138.
Vocational expert Peters-Pagella then testified. The ALJ asked
Peters-Pagella the following hypothetical question:
[I] have some hypotheticals for you. The first one asks you to
assume a hypothetical individual of the Claimant 's age,
education and work history, with the residual functioning
capacity that allows the individual to work at a light exertional
level, but with certain limitations. Give me just a moment here
to check something else.
All right. The limitations would include never being
exposed to unprotected heights or hazardous work
environments, never climbing ladders, ropes or scaffolds,
frequently balance, occasionally climb stairs or ramps,
occasionally stoop, kneel or crouch, but never crawl. Engage in
frequent handling, but only occasional fingering and I would
define fingering as manipulating small objects approximately
the size of a paperclip.
....
Limited to remembering and carrying out simple, routine tasks
and making simple work related decisions. We would avoid
production paced tasks. Could have frequent contact with
supervisors and coworkers and occasional contact with the
general public, who would need to limit concentrated exposure
Page 34 of 44
to dusts, fumes and pulmonary irritants to only occasional
basis. And finally, the hypothetical individual would be off task
ten percent of the workday. Should I repeat any of those?
R. 140. Peters-Pagella opined that such a person could not perform
Arnold’s past work, but could perform other jobs that exist in the national
economy. Peters-Pagella testified that such a person could perform jobs
such as sorter, with 180,000 such jobs in the national economy; hand
packaging positions, with 150,000 such jobs in the national economy; and
inspection jobs, with 165,000 such jobs in the national economy. R. 141.
Peters-Pagella said that the person could not work if she was off task
20 percent of the time during the workday. R. 141. Peters-Pagella opined
that the person could not work if handling was reduced to occasional
instead of frequent. Peters-Pagella said that the person would be limited to
sedentary work if she was limited to four hours of sitting and four hours of
standing in a workday. Peters-Pagella said that the person could be absent
a maximum of two days a month. R. 142.
At the end of the hearing the ALJ and Arnold’s attorney had the
following colloquy:
ATTY: Well, I, I would just say -- we want to be careful about
the skills that transfer from prosecuting Attorney to
administrative law, Judge. So we got a little more into some of
the criminal stuff than I typically had in a Social Security
hearing. So –
Page 35 of 44
ALJ: Well –
ATTY: And with the –
ALJ: I felt it was appropriate.
ATTY: No, I know. But with the new SSR, the credibility
determinations are supposed to be kind of removed from the
process.
ALJ: I believe my questions pertained to consistency.
ATTY: Yeah, I'm –
ALJ: Yeah.
ATTY: I just -- trying to -ALJ: Okay.
ATTY: -- do my job.
ALJ: Anything else?
ATTY: No, Your Honor.
ALJ: All right.
R. 143. The hearing concluded.
THE DECISION OF THE ALJ
The ALJ issued her decision on August 31, 2016. R. 18-32. 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
Page 36 of 44
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 she is disabled regardless of her 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 her prior work
considering her 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 her prior work, then Step 5 requires a
determination of whether the claimant is disabled considering her 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
Page 37 of 44
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 Arnold met her burden at Steps 1 and 2. She had
not engaged in substantial gainful activity since September 26, 2013, and
she suffered from the severe impairments of diabetes mellitus, asthma,
degenerative disc disease status post spinal surgery, lumbar scoliosis,
osteoarthritis, depression, personality disorder, and anxiety. R. 20. The
ALJ found at Step 3 that Arnold’s impairments or combination of
impairments did not meet or equal any listing. R. 21-23.
At Step 4, the ALJ found that Arnold had the following RFC:
After careful consideration of the entire record, the undersigned
finds that the claimant has the residual functional capacity to
perform light work as defined in 20 CFR 404.1567(b) and
416.967(b) with the following limitations. The claimant can
occasionally climb ramps or stairs, but never ladders, ropes, or
scaffolds. She must never be exposed to unprotected heights
or hazardous work environments. She can occasionally stoop,
kneel, or crouch. She can never crawl. She can frequently
balance. She can engage in frequent handling and occasional
fingering. She is capable of performing simple, routine tasks
and making simple work-related decisions. She cannot perform
production pace tasks. She can tolerate frequent contact with
supervisors and coworkers and occasional contact with the
public. She can tolerate occasional concentrated exposure to
dust, fumes, and pulmonary irritants. She will be off-task ten
percent of the workday.
Page 38 of 44
R. 23. The ALJ relied on several pieces of evidence in the record,
including the following:
Medical records that showed her knee surgery and her second spinal
surgery were successful;
The numerous examination notes that found full range of motion and
normal strength;
The repeated normal mental status examinations at Transitions;
The variety of Arnold’s activities, including reports that she:
o regularly took walks, and at least once walked eight blocks to
get to a doctor’s appointment,
o repeatedly helped deliver newspapers,
o repeatedly helped clean her church building,
o was on her feet all morning on at least one occasion,
o pulled weeds for two hours at a time in her yard,
o performed several types of housework, and
o prepared all of her meals from scratch;
The opinions of Drs. Smith and Wabner; and
The opinions of psychologist Dr. Froman, and to a lesser extent the
opinions of psychologists Drs. Lanier and Hollerauer.
Page 39 of 44
R. 23-28. The ALJ noted Arnold’s complaints of chronic diarrhea, but found
that the condition was adequately treated by the medication dicyclomine
and the allowance of 10 percent off task in the RFC was sufficient to
address any functional effects of this condition. R. 27. The ALJ found that
Arnold’s contrary testimony and Adult Function Reports were not entirely
consistent with the medical evidence and other evidence on which the ALJ
relied. R. 24.
The ALJ found at Step 4 that Arnold could not perform her past work.
R. 30. The ALJ found at Step 5 that Arnold could perform a significant
number of jobs in the national economy. The ALJ relied on the MedicalVocational Guidelines and the opinions of vocational expert Peters-Pagella.
R. 30-31. The ALJ concluded that Arnold was not disabled.
The ALJ also included the following regarding the above-quoted
colloquy at the end of the hearing:
The claimant's representative raised issue with perceived
inappropriate questioning regarding the claimant's legal history.
The undersigned notes that an abundance of evidence in the
record supports a ruling herein without additional discussion of
the inconsistencies between the claimant's testimony and other
evidence of record underlying the questions at issue. It is not
necessary to further respond to or correct the representative's
perceptions or arguments beyond the response already
contained in the hearing record.
R. 27 (internal citation to the record omitted).
Page 40 of 44
Arnold appealed the ALJ’s decision. On August 30, 2017, the
Appeals Council denied her request for review. The decision of the ALJ
then became the final decision of the Defendant Commissioner. R. 1.
Arnold then brought this action for judicial review. Arnold’s representative
has also informed the Court that she filed another application for SSI
disability benefits after the adverse decision before the Commissioner in
this case, and on October 26, 2017, the Commissioner awarded Arnold SSI
disability benefits. Plaintiff’s Reply Brief to Defendant’s Motion for
Summary Judgment (d/e 21).
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 or reweigh the evidence.
Jens v. Barnhart, 347 F.3d 209, 212 (7th Cir. 2003); Delgado v. Bowen, 782
F.2d 79, 82 (7th Cir. 1986). This Court will not review the ALJ’s evaluation
of statements regarding the intensity, persistence, and limiting effect of
symptoms unless the evaluation is patently wrong and lacks any
Page 41 of 44
explanation or support in the record. See Pepper v. Colvin, 712 F.3d 351,
367 (7th Cir. 2014); Elder v. Astrue, 529 F.3d 408, 413-14 (7th Cir. 2008);
SSR 16-3p, 2016 WL 1119029, at *1 (2016) (The Social Security
Administration no longer uses the term credibility in the evaluation of
statements regarding symptoms). 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 is not required to mention every piece of
evidence in her decision, but must “build an accurate and logical bridge
from the evidence to his conclusion.” Clifford v. Apfel, 227 F.3d 863, 872
(7th Cir. 2000).
Substantial evidence supported the ALJ’s decision. All of the
evidence listed above on which the ALJ relied—the opinions of Drs. Smith,
Wabner, Froman, Lanier, and Hollerauer; Arnold’s repeated reports that
she walked regularly, delivered newspapers, and helped clean her church
building; and Arnold’s activities at home including cooking all meals from
scratch, house cleaning, and regular yard work—supported her decision. A
reasonable mind might accept this evidence as adequate to support the
decision. Richardson, 402 U.S. at 401. The decision was supported by
substantial evidence.
Page 42 of 44
Arnold argues that the ALJ’s RFC finding was not supported by
substantial evidence. Arnold argues that the ALJ did not address some
evidence. The ALJ is not required to address every piece of evidence in
her opinion. She must build a logical bridge from the material evidence to
her decision. Clifford, 227 F.3d at 872. The ALJ did that here. Arnold
essentially asks this Court to reweigh the evidence. The Court will not do
this. See Jens, 347 F.3d at 212; Delgado, 782 F.2d at 82.
Arnold argues that the ALJ did not adequately address her chronic
diarrhea in the RFC finding. The Court again disagrees. Arnold testified at
the hearing that she took dicyclomine. She told her doctors that
dicyclomine helped with her diarrhea, but she did not like to take it and
often forgot to take it. R. 969 and 1006. The ALJ could reasonably find
that the diarrhea was adequately controlled by medication and was
consistent with an allowance of 10 percent off task built into the RFC
finding. R. 27. There was no error.
Arnold argues that the ALJ was prejudiced against her because of
her criminal history. The Court disagrees. The Court sees no evidence of
bias. The ALJ asked about inconsistencies between Arnold’s testimony
and information in the record. The ALJ must make findings of fact, and
therefore, should explore inconsistencies in the record. That is all the ALJ
Page 43 of 44
did. The ALJ did not rely on, or even mention these inconsistencies in her
decision, except in her comments, quoted above, addressing the concerns
raised by Arnold’s attorney. The ALJ further followed SSR 16-3p and did
not make a credibility finding. The Court sees no evidence of bias.
Arnold finally raises in rebuttal that the Commissioner found her to be
disabled as of October 26, 2017, as proof that she was disabled on
September 26, 2013. Arnold raised this argument for the first time in
rebuttal. Arnold filed her original Brief before this Court on April 9, 2018,
long after October 2017. Arnold could have and should have included this
argument in her original Brief. The issue is waived. See e.g., Mendez v.
Perla Dental, 646 F.3d 420, 423-24 (7th Cir. 2011).
THEREFORE, IT IS ORDERED THAT Defendant Commissioner’s
Motion for Summary Affirmance (d/e 19) is ALLOWED, Plaintiff Arnold’s
Brief in Support of Motion for Summary Judgment (d/e 16) is DENIED, and
the decision of the Defendant Commissioner is AFFIRMED. THIS CASE IS
CLOSED.
ENTER: March 11, 2019.
s/ Tom Schanzle-Haskins
TOM SCHANZLE-HASKINS
UNITED STATES MAGISTRATE JUDGE
Page 44 of 44
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