Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Roundy v. Colvin

United States District Court, Northern District of Illinois, Eastern Division

January 9, 2015

JOHN L. ROUNDY, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, [1] Defendant.

MEMORANDUM OPINION AND ORDER

HON. MARIA VALDEZ, United States Magistrate Judge

This action was brought under 42 U.S.C. § 405(g) to review the final decision of the Commissioner of Social Security denying Plaintiff John L. Roundy’s claim for Supplemental Security Income. The parties have consented to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). For the reasons that follow, Roundy’s motion for summary judgment [Doc. No. 15] is denied.

BACKGROUND

I. PROCEDURAL HISTORY

On August 27, 2009, Roundy filed a claim for Supplemental Security Income, alleging a disability onset date of June 24, 2009. The claim was denied initially on December 10, 2009 and upon reconsideration on May 20, 2010. He timely requested a hearing before an Administrative Law Judge (“ALJ”), which was held on April 12, 2011. Roundy personally appeared and testified at the hearing and was represented by counsel. Vocational expert Richard Hamersma also testified at the hearing.

On May 6, 2011, the ALJ denied Roundy’s claim for Supplemental Security Income, finding him not disabled under the Social Security Act. On June 16, 2011, the Social Security Administration Appeals Council denied Roundy’s request for review, leaving the ALJ’s decision as the final decision of the Commissioner and, therefore, reviewable by the District Court under 42 U.S.C. § 405(g). See Haynes v. Barnhart, 416 F.3d 621, 626 (7th Cir. 2005).

II. FACTUAL BACKGROUND[2]

A. Background

Roundy was born on October 14, 1966 and was forty-four years old at the time of the ALJ hearing. He lived in an apartment with his girlfriend and then twelve year-old son. He completed schooling through the ninth grade and has no past relevant work or substantial gainful activity. Roundy claims disability due to impaired function on his right side stemming from a stroke/cerebrovascular accident (“CVA”), as well as mental impairments.

B. Medical Evidence

a. Physical Impairments

Roundy suffered a stroke in June 2009 and was admitted to the University of Chicago Medical Center (“UCMC”). A July 10, 2009 physical indicated that Roundy retained a right facial droop, mild speech impairment, and an antalgic gait. A physician at the UCMC Neurology Clinic noted on July 27, 2009 that Plaintiff had decreased finger tap of the right hand, marked dysmetria with the right arm, a gait with a limp, and required the use of a cane for ambulation.

Similarly, on November 19, 2009, a consultative examination by Dr. Manharlal Tanna concluded that Plaintiff had an abnormal gait as a result of a limp on the right side, and he required a cane for ambulation. The examination further revealed that Plaintiff’s right hand had an 80% ability to make a fist, a 4/5 for grip, and fine dexterity was abnormal with mild difficulties.

Non-examining State agency reviewer Dr. Ernst Bone concluded on December 8, 2009 that Plaintiff can perform sedentary work with the need for an assistive device when emulating.

On August 8, 2010, Roundy went to the UCMC emergency room complaining of chest pains that lasted for two weeks, and he later underwent cardiac studies as a result. He could not complete an exercise stress test as a result of being unable to walk on the treadmill, but he was diagnosed with cerebrovascular disease, borderline-abnormal myocardial perfusion scintigraphy and left ventricular hypertrophy (“LVH”).

Roundy saw Dr. John Schumann at the Booker Community Health Center on September 3, 2010, and he was assessed with CVA, palpitations, opioid dependence, and hypercholesterolemia. Dr. Schumann saw Plaintiff again on January 7, 2011, when he noted right side weakness and memory impairment. Roundy was assessed with status post lacunar thalamic CVA right weakness, some memory impairment, methadone maintenance, hypertension, and controlled hypercholesterol. Roundy saw Dr. Schumann again on March 4, 2011, reporting residual right upper and lower extremity weakness. Dr. Schumann's notes ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.