Rummerfield v. Commissioner of Social Security
Filing
17
ORDER entered by Judge Sara Darrow on September 29, 2014. Plaintiff Denys Rummerfield's 11 Motion for Summary Judgment is GRANTED, and Defendant Commissioner's 14 Motion for Summary Affirmance is DENIED. The decision of the Commissioner is reversed, and this case is remanded to the Social Security Administration for further proceedings consistent with this order. (JD, ilcd)
E-FILED
Monday, 29 September, 2014 10:20:01 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
ROCK ISLAND DIVISION
DENYS RUMMERFIELD,
Plaintiff,
v.
CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. 4:13-cv-04012-SLD
ORDER
Plaintiff Denys Rummerfield appeals the final decision of Defendant Carolyn W. Colvin,
Acting Commissioner of the Social Security Administration (“the Commissioner”), denying her
applications for Disability Insurance Benefits (“DIB”) and Supplemental Security Income
(“SSI”) under the Social Security Act, 42 U.S.C. §§ 401–433, 1381–1383f. This matter comes
before the Court on the Plaintiff’s Motion for Summary Judgment, ECF No. 11, and Defendant’s
Motion for Summary Affirmance, ECF No. 14. For the following reasons, the Court GRANTS
Plaintiff’s Motion for Summary Judgment and DENIES Defendant’s Motion for Summary
Affirmance.
BACKGROUND
Rummerfield filed applications for DIB and SSI on August 27, 2009, alleging that she
became disabled as of March 1, 2005. R. 19. Both applications were denied on November 10,
2006. Id. Rummerfield requested reconsideration; her claims were denied a second time on July
1
20, 2010. Id. She requested a hearing, which was held via video conference on August 30,
2011, before Administrative Law Judge (“ALJ”) Shreese M. Wilson. Id. Rummerfield testified
at the hearing, as did her sister, Deanne Jones, and a vocational expert, Ronald Malik. R. 44–78.
ALJ Wilson found that Rummerfield had five severe impairments: degenerative disc
disease, chronic obstructive pulmonary disease (“COPD”), a cerebral aneurysm with headaches,
obesity, and an affective mood disorder. R. 22. The ALJ found that these impairments or
combination thereof did not meet or medically equal the severity of one of the listed impairments
in 20 C.F.R. §§ 404, Subpart P, Appendix 1 (20 C.F.R. §§ 404.1520(d), 404.1525, 404.1526,
416.920(d), 416.925, and 416.926) (“Listing of Impairments”). Id. ALJ Wilson also found that
Rummerfield retained the residual functional capacity (“RFC”) to perform “light work” as
defined in 20 C.F.R. §§ 404.1567(b), 416.967(b), with the following additional limitations:
[Rummerfield must] never climb ladders, ropes or scaffolds, she can occasionally
crawl or climb ramps or stairs, she must avoid concentrated exposure to irritants
such as dusts, fumes, odors, gases and poor ventilation, and she can perform no
more than simple, routine, repetitive-type tasks in an environment free of fastpaced production requirements with no more than occasional contact with the
general public, co-workers or supervisors.
R. 23. Based Malik’s testimony, ALJ Wilson found that there were a significant number of jobs
in the national economy that Rummerfield could perform, such as marker and assembly press
operator. R. 28. As a result of this analysis, the ALJ found that Rummerfield was not disabled
from March 1, 2005, through the date of her decision, September 19, 2011. Id. On December
14, 2012, the Appeals Council denied Rummerfield’s request for review, making the ALJ’s
decision final. R. 1. Rummerfield filed the instant action on February 14, 2013, requesting the
Court’s review of the ALJ’s decision pursuant to 42 U.S.C. § 405(g).
2
LEGAL FRAMEWORK
I.
District Court Review of the ALJ Decision
A court’s function on review is not to try the case de novo or to supplant the ALJ’s
findings with the court’s own assessment of the evidence. See Schmidt v. Apfel, 201 F.3d 970,
972 (7th Cir. 2000); Pugh v. Bowen, 870 F.2d 1271, 1274 (7th Cir. 1989). Instead, the court’s
role is to determine whether the ALJ’s findings were supported by substantial evidence and
whether the proper legal standards were applied. See Cannon v. Apfel, 213 F.3d 970, 975 (7th
Cir. 2000). To determine whether substantial evidence exists, the court reviews the record as a
whole but does not reconsider facts, reweigh evidence, resolve conflicts in evidence, or decide
questions of credibility. See id. (citing Williams v. Apfel, 179 F.3d 1066, 1072 (7th Cir. 1999)).
Substantial evidence is defined as such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion.
See Richardson v. Perales, 402 U.S. 389, 401 (1971);
Henderson v. Apfel, 179 F.3d 507, 512 (7th Cir. 1999). Even if reasonable minds could differ
concerning a disability determination, the ALJ’s decision must be affirmed if it is adequately
supported. See Elder v. Astrue, 529 F.3d 408, 413 (7th Cir. 2008). Indeed, “[t]he findings of the
Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be
conclusive.” 42 U.S.C. § 405(g); Powers v. Apfel, 207 F.3d 431, 434 (7th Cir. 2000).
Although great deference is afforded to the determination made by the ALJ, the court
does not “merely rubber stamp the ALJ’s decision.” Scott v. Barnhart, 297 F.3d 589, 593 (7th
Cir. 2002) (citations omitted). Rather, the ALJ’s decision must “sufficiently articulate their
assessment of the evidence to assure us that they considered the important evidence and to
enable us to trace the path of their reasoning.” Id. at 595 (quoting Hickman v. Apfel, 187 F.3d
683, 689 (7th Cir. 1999)). The ALJ has a duty to “minimally articulate his or her justification for
3
rejecting or accepting specific evidence of disability.” Scheck v. Barnhart, 357 F.3d 697, 700
(7th Cir. 2004) (citing Steward v. Bowen, 858 F.2d 1295, 1299 (7th Cir. 1988)).
Further, the ALJ’s decision must build an accurate and logical bridge between the
evidence and the ultimate conclusions. Parker v. Astrue, 597 F.3d 920, 921 (7th Cir. 2010);
Scott, 297 F.3d at 595. “Although the ALJ need not discuss every piece of evidence in the
record, he must confront the evidence that does not support his conclusion and explain why it
was rejected.” Indoranto v. Barnhart, 374 F.3d 470, 474 (7th Cir. 2004) (citing Kararsky v.
Barnhart, 335 F.3d 539, 543 (7th Cir. 2002)). If there is an error of law, “reversal is, of course,
warranted irrespective of the volume of evidence supporting the factual findings.” Schmoll v.
Harris, 636 F.2d 1146, 1150 (7th Cir. 1980).
II.
Entitlement to Benefits
In order to be entitled to DIB and SSI, a claimant must show that his inability to work is
medical in nature and that he is totally disabled. 1 Economic conditions, personal factors,
financial considerations, and attitudes of employers are irrelevant in determining whether a
claimant is eligible for disability benefits.
See 20 C.F.R. §§ 404.1566, 416.966.
The
establishment of disability under the Social Security Act is a two-step process.
First, the claimant must be suffering from a medically determinable physical or mental
impairment, or combination of impairments, which can be expected to result in death, or which
has lasted or can be expected to last for a continuous period of not less than 12 months. 42
U.S.C. § 1382c(a)(3)(A). Second, there must be a factual determination that the impairment
renders the claimant unable to engage in any substantial gainful employment. See McNeil v.
1
The standards for establishing a disability in order to receive DIB and SSI are materially the same. Compare 20
C.F.R. §§ 404.1500–404.1599 (DIB) with 20 C.F.R. §§ 416.900–416.998 (SSI).
4
Califano, 614 F.2d 142, 143 (7th Cir. 1980). This factual determination is made by using a fivestep test. See 20 C.F.R. §§ 404.1520, 416.920.
The five-step test requires the ALJ to evaluate whether the claimant:
1) Has not, during the relevant time period, performed any substantial gainful
activity;
2) Suffers from an impairment that is severe or whether a combination of his
impairments is severe;
3) Suffers from an impairment which matches or is substantially equivalent to an
impairment in the Listing of Impairments;
4) Is unable to perform his former occupation; and
5) Is unable to perform any other work within the national economy.
An affirmative answer at steps 1, 2, or 4 leads to the next step of the test. An affirmative
answer at steps 3 or 5 leads to a finding that the claimant is disabled. Conversely, a negative
answer at any point, other than at step 3, stops the inquiry and leads to a determination that the
claimant is not disabled. Zurawski v. Halter, 245 F.3d 881, 886 (7th Cir. 2001). A negative
answer at step 3 requires the ALJ to proceed to step 4, where the ALJ will make a finding about
the claimant’s RFC based on all relevant medical and other evidence. 20 C.F.R. § 404.1520(e).
The RFC “measures the claimant’s capacity to engage in basic work activities. If the claimant’s
RFC permits him to perform his prior work, benefits are denied.” Bowen v. New York, 476 U.S.
467, 471 (1986) (citing 20 C.F.R. §§ 404.1520(e), 416.920(e)). If, on the other hand, the
claimant cannot perform his past relevant work, then the RFC is used in step 5 to determine
whether the plaintiff can adjust to other work. 20 C.F.R. § 404.1520(e).
The claimant has the burden of production and persuasion at steps 1 through 4. But once
the claimant shows an inability to perform past work (step 4), the burden shifts to the
5
Commissioner to show that the claimant is able to engage in some other type of substantial
gainful employment (step 5). Tom v. Heckler, 779 F.2d 1250, 1252–53 (7th Cir. 1985).
DISCUSSION
Rummerfield argues the ALJ ignored substantial record evidence or made findings
contrary to the evidence concerning her COPD, aneurysm and headaches, obesity, and frequent
hospitalization.2 Pl.’s Mot. Summ. J. 2–3, ECF No. 11.
I.
COPD
Rummerfield argues that the ALJ ignored a 2005 physician’s report noting Rummerfield
had been hospitalized for COPD at least 40 times in the prior three years. Pl.’s Mot. Summ. J. 2
(citing R. 421).3 The ALJ does not specifically mention these 40 hospital visits, but she “need
not provide a written evaluation of every piece of evidence.” Rice v. Barnhart, 384 F.3d 363,
371 (7th Cir. 2004). The ALJ does discuss several medical findings from 2005 to 2009 to
support her conclusion that Rummerfield’s COPD did not foreclose all work ability. R. 24. In
particular, the ALJ cited: a January 2009 pulmonary function study noting “moderate” COPD, a
“mild reversible obstructive unrestricted pattern,” and symptoms “well above listing” level, R.
706–10; progress notes from Rummerfield’s visits to the Community Health Care clinic from
2007 through 2009 showing “only intermittent breathing problems” and wheezing, and no rales,
rhonchi, edema, cyanosis, or clubbing, see R. 831–49; an indication by a Genesis Health Group
treating source that Rummerfield retained “full ability to work” following June 2009
2
Rummerfield also argues that the ALJ’s finding some ability to work on her part is contrary to the evidence,
specifically an April 27, 2005 Disability Certificate. Pl.’s Mot. Summ. J. 3–4. The Certificate, however, had no
applicability to Rummerfield’s work ability for purposes of awarding DIB or SSI benefits. Rummerfield must
demonstrate an inability to work due to an impairment lasting for 12 consecutive months in order to qualify for
benefits. See 42 U.S.C. § 423(d)(1)(A). The Certificate by its own terms permitted Rummerfield to return to work
on May 16, 2005. R. 614.
3
Rummerfield also argues that the ALJ ignored additional attempts by doctors to admit Rummerfied, which she
refused. Pl.’s Mot. Summ. J. 2. However, the hospital record Rummerfield cites in support related to her September
3, 2005 admission for “altered mental status,” not COPD symptoms. R. 472–74.
6
hospitalization due to respiratory issues, R. 904; and a July 2009 pulmonary function test
showing, again, “moderate” obstruction, R. 911. This evidence is consistent with the ALJ’s
conclusion that, while Rummerfield undeniably suffered from COPD, her symptoms did not
“prevent all work,” R. 24. Further, Rummerfield does not proffer records from each of these 40
visits showing their results and indicating their connection to her COPD. The ALJ’s failure to
specifically address the 40 alleged hospitalizations—whose individual circumstances may or
may not have supported disabling COPD, or even have all related to Rummerfield’s COPD—is
not erroneous given her marshaling of substantial available evidence in support of her
determination. See Cannon, 213 F.3d at 975.
II.
Cerebral Aneurysm and Headaches
Rummerfield argues that the ALJ ignored her precipitous weight loss over three weeks in
2005, her chronic headaches, and her brain aneurysm in finding her not disabled. Pl.’s Mot.
Summ. J. 2–3.
In assessing the credibility of Rummerfield’s claims regarding the debilitating effects of
her various physical pains, the ALJ noted the absence of “[u]sual objective signs of severe pain,
such as abnormal weight loss.” R. 25. However, a physician noted on November 10, 2005, that
Rummerfield reported losing 20 pounds over the prior three weeks, R. 425, and Rummerfield
testified at her hearing that she had involuntarily lost about 62 pounds in the preceding 11
months due to “stomach problems” resulting from lack of “proper medical care,” R. 48. The
ALJ did not discuss this evidence, and does not cite any evidence to support her finding that
Rummerfield suffered no abnormal weight loss. The Commissioner argues that the weight loss
is irrelevant to Rummerfield’s impairments at issue because the treating doctor at the time
suggested it was due to a bacterial infection. Def.’s Mem. in Supp. Mot. Summ. Affirm. 10,
7
ECF No. 15. However, the physician made no such finding. She suggested that the abdominal
pain and diarrhea that Rummerfield was simultaneously experiencing could be rooted in a
bacterial infection given Rummerfield’s recent antibiotic use, but concluded that the etiology of
her symptoms “is uncertain at this point in time.” R. 426. More to the point, the ALJ makes no
such effort to explain Rummerfield’s weight loss on these grounds, ignoring evidence of it
entirely, and therefore the Court would be merely speculating if it found that the ALJ discounted
this evidence on the Commissioner’s proposed basis. Even if the ALJ found this evidence
unpersuasive, she had a duty to explain her reason for rejecting evidence that squarely
contradicted a finding that she cited no evidence to support. See Indoranto, 374 F.3d at 474.
Contrary to Rummerfield’s theory that the ALJ misinterpreted the evidence to find that
she had no aneurysm, Pl.’s Mot. Summ. J. 2, the ALJ did note the September 3, 2008 MRI
physician’s report confirming the existence of the aneurysm. R. 25. The ALJ observed that the
report described a “tiny basilar tip aneuryism,” and stated that Rummerfield had a history of this
condition and was reporting the “worst headache of [her] life.” R. 25, 820. However, the ALJ
did not explain how Rummerfield’s aneurysm did or did not contribute to her physical condition
and work limitations, perhaps believing that “tiny” implied “harmless” and spoke for itself. See
R. 25. The physician, however, made no such implication: while he did not observe “abnormal
enhancement” in the regions visible, he noted he that had trouble seeing some arteries, and
recommended “comparison with outside studies” to “evaluate for changes.” R. 820. Nor does
the rest of the record clearly convey that the aneurysm is totally innocuous. While a state
consulting physician noted that the aneurysm “has been too small to require treatment,” R. 961,
other evidence implies that Rummerfield’s obesity has prevented potential treatment, see R. 23,
and at least one physician connected the aneurysm to the headaches Rummerfield suffered, see
8
R. 61. Since she identified Rummerfield’s aneurysm as a severe impairment, the ALJ’s failure to
discuss its implications for Rummerfield’s ability to work is concerning.
Similarly, the ALJ noted and then failed to explain the significance of apparently chronic
headache symptoms. The ALJ recited the timeline of Rummerfield’s treatment for headache
pain, which appeared to be falling in severity and frequency until a dramatic reversal in July
2007, when, the ALJ notes, Rummerfield said she had headaches all the time. R. 25. Finally,
the ALJ notes that Rummerfield received treatment in February and April 2008 for headache
pain. Id. One would expect the ALJ to explain how the apparent resurgence in intensity of
Rummerfield’s headaches nevertheless does not mean she was disabled, but the ALJ instead
moves on to discuss Rummerfield’s obesity and credibility. See id. The Court cannot trace the
path of the ALJ’s reasoning from her evidentiary narrative to her finding that Diaz was not
disabled. See Scott, 297 F.3d at 593.
The Commissioner argues that the ALJ did account for Rummerfield’s headaches in her
later discussion of relevant credibility factors, such as Rummerfield’s non-use of strong
painkillers, noncompliance with recommended headache treatment, an attending physician’s
disbelief of her symptoms, her failure to pursue other treatment options, and her daily activities.
Def.’s Mem. in Supp. Mot. Summ. Affirm. 10–11.
The ALJ could validly discredit Rummerfield’s pain claims if he found her incredible.
See Prochaska v. Barnhart, 454 F.3d 731, 738 (7th Cir. 2006). An ALJ should determine
credibility on the basis of several factors, including “the objective medical evidence, the
claimant’s daily activities, allegations of pain, aggravating factors, types of treatment received
and medication taken, and functional limitations.” Simila v. Astrue, 573 F.3d 503, 517 (7th Cir.
2009) (citations and internal quotation marks omitted). An ALJ’s credibility determination is
9
subject to reversal only if it is so unexplained or unsupported as to be “patently wrong.” Id.;
Jones v. Astrue, 623 F.3d 1155, 1160 (7th Cir. 2010).
In light of the supporting evidence the ALJ cites—particularly that at least some of
Rummerfield’s doctors refused to prescribe strong painkillers and Rummerfield failed to follow
their alternative pain-relieving recommendations, such as taking other medication or visiting a
pain clinic, see R. 832, 836—the Court cannot say that the ALJ’s decision to discredit the extent
of pain alleged by Rummerfield was “patently wrong.” See Jones, 623 F.3d at 1160. To the
extent the potentially disabling effects of Rummerfield’s headaches and other physical pain is
supported only by her subjective claims, the ALJ did not err in discounting it.
However, an ALJ need determine the credibility of testimony regarding symptoms only
to the extent that the alleged symptoms “are of a greater severity than can be shown by objective
medical evidence alone.”
See SSR 96-7p. Rummerfield’s symptoms are also potentially
supported by objective medical evidence establishing that Rummerfield indeed had an aneurysm.
The ALJ did not address the impact of the objectively established aneurysm on Rummerfield’s
headaches and resulting work limitations.
The ALJ failed to even “minimally articulate” a
justification for disregarding Rummerfield’s aneurysm, see Scheck, 357 F.3d at 700, despite her
duty to address this evidence tending to oppose her finding of no disability, see Indoranto, 374
F.3d at 474. Cf. Goins v. Colvin, No. 13-3729, 2014 WL 4073108, at *4 (7th Cir. 2014) (noting
that an ALJ is not “free to ignore medical problems that may be causing the symptoms the
claimant is alleging”).
Accordingly, this case must be remanded for the ALJ to explain the impact of
Rummerfield’s weight loss and aneurysm on the ALJ’s findings regarding Rummerfield’s
impairments and the limitations they impose on her ability to work.
10
III.
Obesity
Even though obesity is no longer listed as an impairment itself, an ALJ must consider the
effect of a claimant’s obesity in determining the severity of her impairments. See Castile v.
Astrue, 617 F.3d 923, 928 (7th Cir. 2010) (citing SSR 02-1p). An ALJ must undertake “an
individualized assessment of the impact of obesity on an individual’s functioning when deciding
whether the impairment is severe.” SSR 02-1p. However, an ALJ’s failure to explicitly address
obesity is harmless error where the claimant does not connect obesity to her inability to work and
the ALJ adopts the recommendations of physicians who considered the obesity. Prochaska v.
Barnhart; 454 F.3d 731, 737 (7th Cir. 2006); Skarbek v. Barnhart, 390 F.3d 500, 504 (7th Cir.
2004).
Treating physicians routinely characterized Rummerfield as obese, and the record
includes a specific finding of morbid obesity on January 19, 2006, which noted that Rummerfield
weighed 249 pounds at a height of 61 inches.
R. 710.
The ALJ apparently agreed that
Rummerfield suffers from obesity, but her analysis on point offers only the cryptic fragment:
“Obesity . . . 61 inches 222 pounds (Exhibit 31F) 249 pounds (Exhibit 20F).”4 R. 25. This bare
notation provides the reviewing Court with no insight into the ALJ’s reasoning regarding
Rummerfield’s obesity, see Scott, 297 F.3d at 593, and does not establish that the ALJ performed
the requisite “individualized assessment” of the impact of Rummerfield’s obesity on the severity
of her impairments. See SSR 02-1p.
The Commissioner maintains that the ALJ’s failure to adequately address Rummerfield’s
obesity is harmless error. The Commissioner maintains that the ALJ considered the opinions of
4
The ALJ elsewhere notes evidence that Rummerfield’s aneurysm was inoperable due to her obesity. R. 23. The
Commissioner argues that this means that the ALJ did indeed consider her obesity. Def.’s Mem. in Supp. Mot.
Summ. Affirm. 12. Not only does this passing reference fall short of the requisite “individualized assessment,” see
SSR 02-1p, but it suggests that Rummerfield’s obesity had a compounding effect on the aneurysm, which only
heightens the need for the ALJ to address whether and how Rummerfield’s obesity increased the severity of her
impairments.
11
consulting state agency physicians, who considered Rummerfield’s obesity in finding that she
could nevertheless do light work. Def.’s Mem. in Supp. Mot. Summ. Affirm. 12 (citing R. 712,
961).
However, the ALJ expressly held that these physicians’ opinions “were not given
significant weight” because they lacked the benefit of reviewing the most recent medical
evidence or assessing Rummerfield’s credibility at a hearing. R. 27. The Commissioner argues
that, nevertheless, the ALJ “considered” their opinions, and that is sufficient. Id. (citing Hisle v.
Astrue, 258 F. App’x 53, 37 (7th Cir. 2007) (noting that Seventh Circuit has recognized harmless
error where ALJ fails to address obesity “but arrives at a final conclusion after reviewing the
medical opinions of physicians familiar with the claimant’s obesity”)). Unpublished Hisle did
not indicate how much reliance is denoted by “reviewing,” but the precedential opinions Hisle
cites found harmless error where the ALJ “specifically predicated his decision on,” Prochaska,
454 F.3d at 737, or “adopted,” Skarbek, 390 F.3d at 504, the obesity-examining physicians’
opinions. By contrast with these cases, the ALJ’s summary mention here of the state physicians’
opinions does not suggest that she accorded them any measure of deference. Therefore, the
harmless error exception where an ALJ relies on the opinions of physicians who did consider
obesity is inapplicable.5
The Commissioner additionally argues, without reference to any authority, that to the
extent obesity exacerbated Rummerfield’s impairments, such exacerbation would necessarily be
reflected in medical evidence concerning those conditions. See Def.’s Mem. in Supp. Mot.
Summ. Affirm. 12.
To the extent that this argument interprets the harmless error rule to
encompass an ALJ’s reliance on any medical evidence that conceivably could have been
influenced by a claimant’s obesity, the Court declines to adopt an interpretation so far outside the
5
While Rummerfield does not expressly argue the impact of her obesity on her ability to work, see, e.g., Prochaska,
454 F.3d at 737, the Commissioner cites no cases where this failure itself, absent the ALJ’s reliance on a physician’s
opinion taking obesity into account, is sufficient to support a harmless error finding.
12
scope of the Seventh Circuit’s defined exception. Further, under the Commissioner’s logic, the
regulatory requirement that an ALJ specifically address obesity would be duplicative and
pointless—any potential effect the obesity has on a claimant’s work ability would already be
reflected in one or more of her impairment’s effects on her functional capacity. Accordingly, on
remand, the ALJ must perform the requisite “individualized assessment” of the effect of obesity
on Rummerfield’s work limitations. See SSR 02-1p.
IV.
Frequent Hospitalization
Rummerfield takes issue with the ALJ’s treatment of her record of frequent
hospitalization on two bases: (1) she claims that the ALJ had no evidentiary basis for finding that
many of these visits were frivolous, and (2) she argues that, given the frequency of her visits and
the testimony of the vocational expert, the ALJ erred in finding that any employment was
possible. See Pl.’s Mot. Summ. J. 3–4.
The ALJ found a record of “frequent emergency room visits with no significant objective
findings, suggesting that [Rummerfield] uses emergency rooms to treat transient or non-credible
problems.” R. 25. The basis for this finding by the ALJ is unclear, as the one specific “noncredible” example she cites involved a clinic visit and follow-up, not an emergency room visit,
and concerned Rummerfield’s claim of right knee pain. R. 25 (citing R. 836). This claim of
knee pain appears to be an outlier in the record of Rummerfield’s complaints, and is not among
her recurrent impairments that the ALJ found to be severe. See id.; R. 22. A reasonable mind
could not conclude that the majority of Rummerfield’s emergency room visits were frivolous on
such an attenuated basis. See Richardson, 402 U.S. at 401.6
6
The Commissioner points to records of emergency room visits by Rummerfield, in which treating sources did not
find objective evidence of serious conditions, in arguing that the record supported the ALJ’s finding that many of
Rummerfield’s emergency-room visits were for transient or non-credible concerns. See Def.’s Mem. in Supp. Mot.
Summ. Affirm. 7–8. However, the ALJ did not mention these records or advance her argument on their basis, and
13
At Rummerfield’s hearing, a vocational expert testified that there would be no jobs
available to her if she had to miss four days per month due to complications caused by her
impairments. R. 75. Rummerfield testified that she was hospitalized approximately 35 times
between 2001 and 2005, and that she made 15 or 20 hospital visits in the eleven months leading
up to her August 2011 hearing, many of which involved overnight stays. R. 57–58. Allowing
two days per each hospital visit, the latter statistic comes close to establishing an average of four
days per month in the hospital.
And this is just hospital visits: Rummerfield’s several
impairments could force her to miss work for reasons that do not rise to the level of requiring
emergency room trips, such as the severe headaches that, Rummerfield testified, force her to
avoid light and sound, R. 58. Moreover, Rummerfield testified that frequent hospitalization
already caused her to lose at least one job. See R. 57.
While the Court does not view the evidence as necessarily establishing the likelihood that
Rummerfield would miss four or more days of work in a month due to her impairments, her rate
of hospitalization, coupled with other evidence of her symptoms, suggests that this possibility is
plausible. At the least, the ALJ erred by entirely failing to address evidence suggesting that
Rummerfield may meet conditions which the vocational expert indicated would preclude all
work. See Indoranto, 374 F.3d at 474 (noting that ALJ must explain reason for rejecting
evidence that does not support her conclusion). On remand, therefore, the ALJ must at least
minimally address any likelihood that Rummerfield’s impairments would cause her to miss four
or more days of work per month, foreclosing the possibility of employment.
therefore the Court cannot know whether the ALJ’s reasoning paralleled the Commissioner’s argument. See Jelinek
v. Astrue, 662 F.3d 805, 812 (7th Cir. 2011) (“[T]he Commissioner’s say-so is not enough. . . . We have made clear
that what matters are the reasons articulated by the ALJ.”) (emphasis in original).
14
V.
Summary
Even a “sketchy opinion” by an ALJ suffices under the substantial evidence standard if
the opinion indicates that the ALJ “considered the importance evidence” and enables the
reviewing court to trace the ALJ’s reasoning. Brindisi ex rel. Brindisi v. Barnhart, 315 F.3d 783,
787 (7th Cir. 2003).
Here, however, the ALJ fails to explain the significance of certain
limitations, such as Rummerfield’s aneurysm, obesity and potential absenteeism, depriving the
Court of any ability to trace the ALJ’s apparent reasoning that these conditions did not further
limit Rummerfield’s ability to work. See id. In light of these gaps in the analysis, a reasonable
mind would not find the ALJ’s overall conclusion, that Rummerfield is not disabled, to be
adequately supported. See Richardson, 402 U.S. at 401. Accordingly, the Commissioner’s
determination is reversed and this case is remanded to the Social Security Administration for
further proceedings consistent with this opinion.
CONCLUSION
Plaintiff’s Motion for Summary Judgment, ECF No. 11, is GRANTED, and Defendant
Commissioner’s Motion for Summary Affirmance, ECF No. 14, is DENIED. The decision of
the Commissioner is reversed, and this case is remanded to the Social Security Administration
for further proceedings consistent with this order.
Entered this 29th day of September, 2014.
s/ Sara Darrow
SARA DARROW
UNITED STATES DISTRICT JUDGE
15
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?