United States District Court, C.D. Illinois, Springfield Division
REGINA L. CAWTHON, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
RICHARD MILLS, U.S. District Judge
L. Cawthon seeks review, pursuant to 42 U.S.C. § 405(g),
of the administrative law judge's decision denying her
application for disability insurance benefits.
are motions for summary judgment filed by both parties.
motion is allowed.
case is remanded.
Regina L. Cawthon was born in 1983 and alleges an onset date
of July 16, 2008. At the May 10, 2012 hearing before the
administrative law judge (“ALJ”), the Plaintiff
testified she is 5'1" tall and 196 pounds. She is
married but separated from her husband and lives with her
eight-year old son. The Plaintiff lives in a public housing
apartment and is not employed and has no current source of
income. She finished the eleventh grade and obtained her GED.
Plaintiff testified she had last worked on July 16, 2008,
when she was injured while working at Jones Poultry, where
she had worked for approximately a year. She injured her back
lifting boxes of chicken. The Plaintiff received steroid
injections, which helped, and takes hydrocodone as
prescribed. Since the injury, the Plaintiff has looked for
work in the fast food industry or as a waitress but was not
to working at Jones Poultry, the Plaintiff worked at the
front desk of Heritage Inn and Suites for approximately three
months. She testified she had also worked at Ozark Land gift
shop for several months where she made t-shirts using a press
and worked as a cashier. The Plaintiff also previously worked
as a banquet waitress at a hotel at Lake of the Ozarks
Country Club serving people in the hotel restaurant. She also
testified she worked as a laborer in a factory.
Plaintiff testified that, on an average day, she wakes up and
has to sit for at least 25 to 30 minutes because it
“feels like pins and needles in the morning.” She
helps her son get ready for school and then lays down for an
hour before showering. The Plaintiff gets dressed and sits
for awhile. She pulls a chair up to the sink and does the
dishes sitting down. Her son helps with some chores and, on
weekends, her husband comes over and sweeps or mops. The
Plaintiff states she cannot stand for more than seven to ten
minutes at a time.
Plaintiff testified she has one good friend who comes over
and visits. She is able to shop at Wal-Mart because there are
benches where she can sit. She usually sends her husband or
mother to do her grocery shopping.
Plaintiff testified that she had problems standing at work
during her last few months at Jones Poultry. The pain in her
feet, hands, legs and arms had gotten worse. Her psoriasis
had gotten worse as well.
Plaintiff likes to draw, do crafts with her son, watch movies
and go fishing if it is flat enough for her to use chairs and
keep her feet up. She smoked a pack to a pack-and-a-half of
cigarettes per day. She does not drink or use drugs but did
go to rehab six years ago for meth use, which she used ...