Butler v. Social Security Administration
1:11-cv-07975
N.D. Ill.Feb 22, 2013Background
- Butler, a 42-year-old at onset date, claimed SSI and DIB based on chronic back and foot pain and obesity.
- She filed SSI on 4/27/2007 and DIB on 4/28/2007, with an onset date of 3/16/2005.
- She had 12th-grade education and prior work history as a waitress or fast food cook.
- ALJ denial occurred after a 12/3/2009 hearing; Appeals Council denial followed in 2010.
- The ALJ found severe impairments but concluded Butler could perform sedentary work as an order clerk, checker, or assembler.
- This federal district court granted summary judgment for Butler and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility determination based on objective evidence | Butler argues ALJ relied on lack of objective support | ALJ credibility supported by inconsistencies and conservative treatment | Remand warranted for credibility analysis |
| Disregard of treating source opinion | Treating physician Snead’s opinion should be given weight | State agency consultants’ opinions more persuasive | Remand to reassess weight of treating source opinion |
| Lack of medical expert at hearing | ME not present; ALJ made independent medical determinations | Record adequate for decision without ME | Remand to consider need for ME or medical evidence clarification |
| Failure to recontact treating source for RFC basis | SSR 96-5p requires recontact if basis unclear | Record sufficiently explains RFC basis | Remand to address basis of RFC and potential recontact |
| Consideration of obesity's effect | ALJ failed to sufficiently discuss obesity’s cumulative impact | Obesity acknowledged; no clear functional limitation established | Remand to better evaluate obesity’s effect on limitations |
Key Cases Cited
- Clifford v. Apfel, 227 F.3d 863 (7th Cir. 2000) (assessment of obesity and other impairments; allied credibility)
- Richardson v. Perales, 402 U.S. 389 (U.S. 1971) (substantial evidence standard for reviews)
- Willis v. Apfel, 116 F. Supp. 2d 971 (N.D. Ill. 2000) (court for evidentiary review nuances in SSA)
- Skarbek v. Barnhart, 390 F.3d 500 (7th Cir. 2004) (obesity considerations and credibility)
- Rousey v. Heckler, 771 F.2d 1065 (7th Cir. 1985) (requirement to avoid improper medical determinations)
- Carradine v. Barnhart, 360 F.3d 751 (7th Cir. 2004) (treatment history and credibility in SSA determinations)