The opinion of the court was delivered by: Shadur, District Judge.
MEMORANDUM OPINION AND ORDER
As invariably occurs in these actions, which come to this Court on the
administrative record and a decision by Secretary, the parties have filed
what they have labeled cross-motions for summary judgment. In fact,
however, Aviles' motion is "to remand his case to the Secretary of [sic
— should be `for'] further administrative review," and Secretary
Mem. 13 n. 2 essentially concedes the propriety of a remand. For the
reasons stated in this memorandum opinion and order, this case is
remanded to Secretary for further proceedings consistent with this
Aviles, who was 43 years old at the time of the Hearing, was born in
Puerto Rico. He has an eighth-grade education and is literate in
Spanish, but his English is apparently poor (the Hearing was conducted
through an interpreter). Since 1967 he has held jobs with five firms in
the Chicago area, most recently as a line assembler with Stern
Electronics ("Stern") from February 1978 to June 1982. On June 17, 1982
Stern laid him off because he was missing work two or three days a week.
Aviles claims disability because he suffers from hypertension, gout and
arthritis, which produce disabling headaches, dizziness and an inability
to walk. He testified he was regularly missing work at Stern because he
was "sick on [his] feet and [he] could not work a full week" (R. 33).
Aviles submitted a handwritten note (R. 110) from his physician, Dr.
that Mr. EDILBERTO AVILES Treated by me since
1/6/78 for HYPERTENSION & polyarthritis. BP up
sometimes to 180/115[.] [L]ast time seen on
12/8/83 his BP was 150/100[.] Taking MODURETIC
one a day and INDOCIN. . . .
Dr. Bacalla's October 7, 1983 consultative examination (R. 97-100) also
found Aviles' blood pressure was 150/100 (it is worth noting Aviles, 5'5
1/4" tall, then weighed in at 197 pounds). Dr. Bacalla went on to find:
1. Aviles was "without any significant evidence of
2. Aviles' history of chest pain was "not typical of
angina pectoris," and a chest x-ray showed "normal
heart size without any evidence of pulmonary
3. Aviles gave a history of gout attacks occurring
once or twice per month, involving the knees and feet
and occasionally the right upper extremity.
4. "On examination of this patient, he is able to
ambulate with minimal limp towards the right side but
independently. There was tenderness over the dorsum of
the right foot. There were no signs of acute
inflammation during the examination. The rest of the
joints in both upper and lower extremities revealed no
significant bony deformity or restriction of movement
of the joint. The SM4-12 revealed an elevated uric
acid of 9.4 mgs."
Gout by history with possible gouty arthritis.
On July 25, 1984 Dr. Rumilla examined Aviles (R. 136-40) and found his
gout was "getting better" and "will be better" with diet and medication.
His weight was 209 pounds and his blood pressure was 160/100, but his
EKG, urinalysis and heart were normal.
On August 27, 1984 Aviles received emergency room treatment at Cook
County Hospital. His blood pressure was 164/130, his left knee was
swollen and very painful to the touch and there was slight edema in the
left ankle (R. 132). Aviles was advised to take colchicine and Aldomet,
follow a low-salt diet and return in three days for another examination
(R. 133). Aviles did not return until November 1, 1984,*fn2 when his
blood pressure was 160/110 and the diagnosis reflected uncontrolled
hypertension, lower back strain and a history of gout (the work-up for
gout was not completed due to Aviles' noncompliance) (R. 134-35).
At the Hearing Aviles testified he could not exercise, could walk only
half a block at a time (R. 38), had a lot of headaches on top of his
head, could not bend over and had to use crutches in the morning because
of pain in his feet (R. 40). He said in his present condition he could
not sit or stand for an eight-hour work day (R. 41).
Applying the Statutory Framework
To establish entitlement to disability benefits, a claimant must show
he or she is "disabled." Act § 216(i)(1), 42 U.S.C. § ...