Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Fidell v. Berryhill

United States District Court, S.D. Indiana, New Albany Division

March 1, 2017

ELGIN W. FIDELL, Plaintiff,
v.
NANCY A. BERRYHILL[1], Acting Commissioner of the Social Security Administration, Defendant.

          ENTRY ON JUDICIAL REVIEW

          TANYA WALTON PRATT, JUDGE United States District Court

         Plaintiff Elgin W. Fidell (“Mr. Fidell”) requests judicial review of the final decision of the Commissioner of the Social Security Administration (the “Commissioner”), denying his applications for Social Security Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act (the “Act”), and Supplemental Security Income (“SSI”) under Title XVI of the Act. For the following reasons, the Court REMANDS the decision of the Commissioner for further consideration.

         I. BACKGROUND

         A. Procedural History

         On June 25, 2012, Mr. Fidell filed an application for DIB, and on June 30, 2012, an application for SSI, alleging an amended disability onset date of May 24, 2011, due to back pain. (Filing No. 13-3 at 83.) His applications were denied initially and on reconsideration. (Filing No. 13 at 32.) In July and December 2014, Mr. Fidell testified at a hearing before an Administrative Law Judge (“ALJ”). (Filing No. 13-3 at 54; Filing No. 13-3 at 70.) On January 23, 2015, the ALJ issued a decision finding that Mr. Fidell was not disabled under the Act. (Filing No. 13.) The Appeals Council denied Mr. Fidell's request for review on January 19, 2016, making the ALJ's decision the final decision of the Commissioner for purposes of judicial review. (Filing No. 13 at 9.) On March 18, 2016, Mr. Fidell filed this action for judicial review of the ALJ's decision pursuant to 42 U.S.C. § 405(g). (Filing No. 1.)

         B. Factual History

         Mr. Fidell was born in November 1963. (Filing No. 13 at 85.) At the time of his alleged amended disability onset date, he was 47 years old, and he was 52 years old at the time of the ALJ's decision. At his hearing, Mr. Fidell testified that he completed schooling through the tenth grade (Filing No. 13-3 at 76). Prior to the onset of his alleged disability, Mr. Fidell had an employment history of working as a fast food worker, pizza delivery driver, machine operator, and tire technician, (Filing No. 13 at 104).

         Dr. Shuyan Wang (“Dr. Wang”) conducted a consultative examination of Mr. Fidell on August 10, 2012. (Filing No. 13-1 at 33-38.) Mr. Fidell complained of shortness of breath, back pain, and neuropathy that caused him difficulty in walking. (Filing No. 13-1 at 35.) Mr. Fidell stated that he walked with the assistance of a rolling walker. (Filing No. 13-1 at 35.) He told Dr. Wang that with it, he could walk 15 to 20 feet, and without it, about 10 feet. (Filing No. 13-1 at 35.) As relevant here, Dr. Wang made several conclusions:

When he gives the history, he stated that he can only walk 10 feet without the walker. He seems unable to walk without the walker at all during the examination.
It is not consistent with the history (Filing No. 13-1 at 35);
….
I am not sure of the effort for the fine finger manipulation testing… He did not give effort for bilateral hand subjective grip strength testing. He states it is due to hands pain. He is able to hold the walker tightly to get up from sitting and get on and off the examination table. It is not consistent with bilateral hand grip strength testing, (Filing No. 13-1 at 37); ….
His performance during the examination is not quite consistent with his history. His performance during the examination is not quite consistent at different times. I am not sure of the effort…Additional information is needed regarding the back pain and neuropathy. (Filing No. 13-1 at 38.)

         Mr. Fidell was under the care of his treating physician, Abdelmessiah (Michael) Guirguis M.D., (“Dr. Guirguis”) from (at least) 2011 through the time of Mr. Fidell's hearing. (Filing No. 13-1 at 122.) On July 3, 2014, Dr. Guirguis filled out an “IME Doctor's Estimate of Physical Capacities” form (“IME form”), which instructed the physician to “complete the following items based on [his] clinical evaluation of the claimant and other testing results.” (Filing No. 13-2 at 103.) Dr. Guirguis indicated that Mr. Fidell could, during an eight-hour workday: sit for one hour at a time; stand for less than ten minutes at a time; and walk for two to three minutes at a time. (Id.) Dr. Guirguis indicated that during an eight-hour workday, Mr. Fidell could sit for a total of four hours, but left the questions blank regarding how many hours Mr. Fidell could stand or walk. (Id.) Dr. Guirguis also reported that Mr. Fidell could “seldom” lift or carry objects, but he left blank the sections designating what weight Mr. Fidell could lift or carry. (Id.)

         Dr. Guirguis also made the following indications, by checking boxes corresponding with each question:

Mr. Fidell could not use his hands for repetitive tasks, such as grasping, pushing and pulling, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.