United States District Court, C.D. Illinois, Springfield Division
SCOT E. UNDERWOOD, Plaintiff,
COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant.
Richard Mills United States District Judge
an action for judicial review of a final administrative
decision denying Social Security disability benefits to
Plaintiff Scot E. Underwood. Pending are the Plaintiff's
Motion for Summary Judgment and the Defendant's Motion
for Summary Affirmance.
Scott E. Underwood, who was born in 1967, filed for
Disability Insurance Benefits and Supplemental Security
Income in 2009, alleging he had been disabled since June 15,
2009. The Plaintiff graduated from high school. He was in the
special education program because he could not read or write.
The Plaintiff testified he still is unable to read and write.
He also is unable to perform basic math and cannot make
change. He has work experience as a car detailer.
a hearing, Administrative Law Judge (ALJ) Diane Raese Flebbe
issued a decision on March 15, 2003, finding that Plaintiff
retained the residual functional capacity to perform a
reduced range of light work. The ALJ found that jobs
accommodating the Plaintiff's limitations existed in
significant numbers in the local and national economy and
Plaintiff, therefore, was not disabled.
Appeals Council denied the Plaintiff's request for
review, making the ALJ's decision the final decision of
Plaintiff has a history of back problems, including kyphosis
of his cervical and thoracic spine and degenerative changes
of his cervical, thoracic and lumbar spine. X-rays showed a
“great deal of” degenerative changes at ¶
4-5 and at the midparts of the thoracic and lumbar spine. Dr.
David Mack recommended vocational school, where the Plaintiff
could learn to perform work not involving a lot of bending
September 30, 2009, the Plaintiff underwent a consultative
examination with Vittal Chapa, M.D. The neurological
examination was normal and motor examination revealed no
specific weakness or muscle atrophy.
October 6, 2009, state agency medical consultant Sandra
Bilinsky, M.D., reviewed the medical evidence of record and
opined that Plaintiff could perform light exertional work
with postural and manipulative limitations. On December 2,
2009, state agency medical consultant Towfig Arjmand, M.D.
affirmed that opinion.
September 23, 2011, the Plaintiff underwent another
consultative examination with Dr. Chapa. His gait and
neurological examination were normal. He had full range of
motion in all joints and a negative straight leg raising
test. He was diagnosed with chronic lumbosacral pain syndrome
and history of pulmonary embolus.
20, 2011, the Plaintiff was seen for intake at Mental Health
Centers of Central Illinois and was started on Celexa. On
June 20, 2011, the Plaintiff sought emergency treatment for
suicidal ideation after an attempted overdose. He reported a
depressed mood but did not think he belonged in the
psychiatric unit. He had been depressed because his physical
impairments rendered him unable to do the activities he
usually did. There was no definite diagnosis. He was assigned
a Global Assessment of Functioning of 45 to 50 and was sent
home and prescribed Trazadone.
24, 2011, the Plaintiff reported not taking any medication
and that Celexa did not work. He denied suicidal ideation but
reported feeling depressed and sleeping less. He began taking
Prozac but the next month reported it made him more suicidal.
August 2011, the Plaintiff reported that Wellbutrin caused
him to have nightmares. Trazadone did not help him sleep. The
Plaintiff was prescribed paroxetine and advised to see a
October 5, 2011, the Plaintiff underwent a psychological
evaluation with Stephen G. Vincent, Ph.D. He reported a
history of depression and minimal response to various
antidepressants; he had not taken any medications in two
months. He reported anxiety, guilt, hopelessness and
irritability. His memory was intact and he denied alcohol and
drug problems. He had no difficulties relating to the