Preview:

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION PATRICIA BOWMAN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) )

Case No. 1:11CV100 CDP

MEMORANDUM AND ORDER This is an action under 42 U.S.C. Section 405(g) for judicial review of the Commissioner's final decision denying the application of Patricia Bowman for Disability Insurance Benefits under Title II of the Social Security Act. Bowman alleges that she is disabled because she suffers from diabetes, peripheral neuropathy, hypertension, non-Hodgkins lymphoma, and a stroke in her right eye. Because I find that the decision denying benefits was supported by substantial evidence, I will affirm the decision. Procedural History Bowman applied for disability insurance benefits on April 22, 2008, alleging a disability onset date of April 20, 2008. The claim was initially denied on June 6, 2008. Bowman appealed and a hearing was held before the

Administrative Law Judge on December 7, 2009. The ALJ denied her claim on March 10, 2010. The Appeals Council of the Social Security Administration denied Bowman's request for review on on April 15, 2011. Thus, the decision of the ALJ stands as the final decision of the Commissioner. Evidence Before the Administrative Law Judge Testimony Bowman was born on June 22, 1952, and so was 57 years old at the time of the ALJ's ruling. Although she quit school in the eighth grade, she has a G.E.D. She previously worked as a certified nurse's aide, a medical technician, a machine operator, and a sewing machine operator. Bowman testified that on April 20, 2008, she had a stroke in her eye, resulting in double vision, and she has not worked since. She had surgery to correct double vision, and although it was corrected for the most part, she still sees double when she is tired of if she covers her eyes a certain way. Bowman wears contacts daily and cannot recall the last time she had her vision checked. Plaintiff submitted to an ad hoc vision test during the hearing, and from a distance of 10 feet, could read two words on an object about one third of an inch in size. Plaintiff can read the paper using reading glasses. Plaintiff stated that her vision worsens when her blood sugar is high.
2

Plaintiff testified that she did not go back to work because she has balance issues that cause her to fall frequently. Because of the falls and balance issues she uses a cane. She said she can no longer do the lifting that is needed to be a nurse's assistant. She testified that she can walk a short distance, approximately 150 feet, but that she is limited by pain in her feet and legs associated with low potassium, for which she takes medication. She estimated that she could stand continuously for about 15 minutes, and sit for about 30 minutes continuously. Anything more than that hurts her back. Bowman estimated that she can lift no more than a gallon of milk, because her arms and her back hurt. She can do household chores, but they take her approximately twice as long as they ordinarily would take. Bowman stated that she can drive short distances, and does not drive farther because her legs hurt if she does. Bowman testified that her most significant medical issue currently is her diabetes, which is causing neuropathy in her feet and legs, even though she is on an insulin pump and checks her blood sugar about eight times per day. Plaintiff testified that she struggles with low potassium, though she is on medication. She stated that she takes her medication regularly, but it upsets her stomach. Plaintiff reported that her potassium levels are checked every three months. She testified that she was hospitalized for low potassium in October 2007.
3

Plaintiff stated that she also has high blood pressure and depression, for which she takes medication. She explained that she was diagnosed with nonHodgkins lymphoma in 2006. She had surgery to excise the affected lymph node and is no longer under treatment for cancer. In describing her prior work, Plaintiff testified that as a sewing machine operator, she serged and made coats. She testified that it was seated work that did not involve much lifting

Download 6849.pdf

Missouri Law