United States District Court, C.D. Illinois, Springfield Division
Richard Mills United States District Judge.
Joy seeks review of the decision of the Administrative Law
Judge denying her application for disability insurance
benefits and supplemental security income.
are motions for summary judgment filed by both parties.
ALJ's decision is affirmed and summary judgment is
entered in favor of the Commissioner.
Joy was born in 1959 and was 49-years-old at the time of her
alleged onset date. She has a limited education and has past
relevant work as a cashier II, medical record clerk, and
sales clerk. Her alleged onset date is June 1, 2008.
Robert H. Schwartz noted that Plaintiff has not engaged in
substantial gainful activity since June 1, 2008. The ALJ
found that Plaintiff has the following severe impairments:
Hepatitis C with history of symptomatic pelvic pain,
irritable bowel syndrome and mood disorder associated with
depression and anxiety symptoms aggravated by interferon
treatment for Hepatitis C.
further found that Plaintiff did not have an impairment or
combination of impairments that meets or medically equals the
severity of one of the listed impairments in 20 C.F.R. Part
404, Subpart P, Appendix 1 (20 C.F.R. §§
404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925 and
contending that the ALJ's decision should be reversed,
the Plaintiff alleges the ALJ failed to create an accurate
residual functional capacity assessment that incorporated all
of the Plaintiff's impairments. Additionally, the ALJ
failed to properly consider the Plaintiff's subjective
complaints of pain and other symptoms and thus made an
erroneous credibility determination.
Defendant asserts the decision should be affirmed on the
basis that substantial evidence supported the ALJ's
residual functional capacity finding that Plaintiff could
perform a range of work, as long as the work is accommodated
significant mental, exertional and climbing restrictions.
Plaintiff states that she suffers from chronic pain and
symptoms from the irritable bowel syndrome and Hepatitis C.
On November 3, 2008, the Plaintiff went to the emergency room
with crampy abdominal pain and diffuse in her abdomen
associated with diarrhea. The Plaintiff was given IV fluids
and pain medication and was resting comfortably following
April 6, 2009, the Plaintiff went to the emergency room with
complaints of abdominal pain. She was given fluids and pain
medication and was resting comfortably. The Plaintiff states
that she was unable to receive any treatment for Hepatitis C
because of her unstable mental health conditions.
September 2, 2009, emergency room notes show that Plaintiff
reported vomiting and complained of abdominal pain. A review
of symptoms was negative or non-contributory to the
Plaintiff's chief complaint. The Plaintiff was given IV
fluids, antiemetic therapy and pain medication. Upon
reevaluation, the Plaintiff felt better and her abdominal
examination was benign on reevaluation.
December 14, 2009, the Plaintiff went to SIU HealthCare for a
check-up. She reported loss of appetite, diarrhea, vomiting,
abdominal bloating, nausea, constipation, abdominal pain,
back pain, joint swelling, stiffness and joint pain. The
Plaintiff was told to increase her dietary fiber intake and
continue taking Dicyclomine for irritable bowel syndrome. She
was told to see Dr. Speil for Hepatitis C and he would start
treatment soon. Regarding her depression, the Plaintiff had
an upcoming appointment with psychiatrist David S. Resch,
January 20, 2010, the Plaintiff went to the emergency room
with complaints of vomiting and abdominal pain. She received
treatment and had abdominal pain but was resting comfortably
and was discharged.
14, 2010, the Plaintiff went to the emergency room with a
complaint of right upper quadrant pain. She was given ...