Ludwig v. Astrue
1:12-cv-06910
| N.D. Ill. | Mar 27, 2014Background
- Ludwig applied for Title II disability benefits with alleged onset July 13, 2007; application denied and then denied on reconsideration.
- Administrative hearing held Sept. 15, 2010, with supplemental hearing Mar. 8, 2011; ALJ issued June 6, 2011 finding not disabled.
- Appeals Council denied review; federal court review filed Aug. 28, 2012; case remanded.
- Medical history includes cardiomyopathy, ICD implanted after 2003 arrest, migraines, fatigue, and anxiety.
- Treating cardiologist Dr. Gordon reported disabling chest pain, fatigue, migraines, and memory issues; MRI and MR testing showed varied cardiac findings.
- RFC determined sedentary with environmental and task restrictions; great weight given to Dr. Slodki’s testimony over treating physician.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight accorded to treating physician | ALJ failed to give controlling weight to Gordon | ALJ properly weighed treating opinions | Remand for reevaluation of treating opinions |
| Fatigue and migraine analyses | fatigue/migraine evidence not adequately addressed | Fatigue/migraine not medically determinable impairment | Remand to consider fatigue/migraine together with other impairments |
| Chest pain evaluation | ALJ selectively ignored reports of chest pain | ALJ relied on substantial evidence | Remand for fuller review of chest pain evidence and its functional impact |
| Mental impairment analysis | ALJ inadequately evaluated anxiety/mocus problems | No disabling mental impairment | Remand for reconsideration of mental impairment in light of evidence |
| Cumulative impairment consideration | Migraine plus cardiac issues may be disabling in combination | No combination finding of disabling impairments | Remand to consider combined effects of impairments |
Key Cases Cited
- Campbell v. Astrue, 627 F.3d 299 (7th Cir. 2010) (treating-source rule requires good reasons for discounting opinions)
- Ketelboeter v. Astrue, 550 F.3d 620 (7th Cir. 2008) (rejecting overly sympathetic disability assessments without substantial basis)
- Roddy v. Astrue, 705 F.3d 631 (7th Cir. 2013) (ALJ must provide evidentiary basis for negative assessment of treating opinions)
- Denton v. Astrue, 596 F.3d 419 (7th Cir. 2010) (cannot cherry-pick evidence in discounting a treating physician)
- Kastner v. Astrue, 697 F.3d 642 (7th Cir. 2012) (substantial evidence standard; bridge between evidence and conclusion)