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.

Lamore v. Berryhill

United States District Court, W.D. Wisconsin

March 6, 2019

DOUG P. LAMORE, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.

          OPINION AND ORDER

          BARBARA B. CRABB DISTRICT JUDGE

         Plaintiff Doug B. Lamore contends that he has been disabled since March 17, 2014 by Type I diabetes that is hard to control, as well as by unspecified arthralgia and neuralgia. The administrative law judge hearing his claim for disability insurance benefits under the Social Security Act, 42 U.S.C. § 405(g), denied it after concluding that, although plaintiff had the impairments he alleged, he retained the residual functional capacity to perform work at a medium level, with certain qualifications. For the reasons set out in this opinion, I am affirming the administrative law judge's conclusion that plaintiff's impairments do not limit his ability to do medium work.

         The following facts are drawn from the administrative record (AR).

         FACTS

         A. Plaintiff's Social Security Application and Background

         Plaintiff Doug Lamore was born on July 20, 1964 and was 49 on his alleged disability onset date of March 17, 2014. Since then, he has not engaged in substantial gainful activity. He receives long-term disability benefits from a prior employer of $3, 095.00 a month. AR 150-51.

         Plaintiff filed for disability insurance on June 2, 2014, alleging disability resulting from Type I diabetes, unspecified arthralgia and neuralgia. After his claim was denied initially and upon reconsideration, he requested a hearing. An administrative law judge held a hearing on January 3, 2017 and denied plaintiff's claim on February 28, 2017, in a written opinion. AR 19-29. Plaintiff sought review of the decision from the Appeals Council, but his request was denied on February 23, 2018, AR 1-3, making the hearing decision defendant's final decision.

         At the hearing before the administrative law judge, plaintiff testified that he had left his job as a maintenance technician in 2014 because he could no longer control his diabetes and, as a result, was incapacitated three to four times a week from having blood sugar that was either too high or too low, AR 38, and caused him bouts of dizziness and bumping into walls. AR 41. He said that when this was happening, he could do nothing for relief but sit. Id. On one occasion, his dizziness had lasted as long as eight hours. AR 42. He also said he had problems with his hands and feet that were the result of neuropathy and caused him constant pain in his feet and intermittent pain in his hands that made him feel as if pins were stabbing him in the bottoms of his fee or the tips of his fingers, AR 45, and that this reacion tended to occur when he was having an insulin reaction. AR 45. He classified this pain as about a two or four. AR 42.

         Plaintiff also testified that he had kidney disease that had been classified as stage II, but had recently been re-assessed as stage 1, and he had depression that “kept him down” and required medication. Id. Before he stopped working, he had obtained this medication from a pychiatrist, but was now receiving it from Dr. Keller, his primary care physician. AR 39-40.

         Plaintiff said that he had tried to commit suicide in 2013, but had not made any attempts since then, AR 42, although he said he still thought about it approximately once a week. AR 43. He said that he finds the medication he takes for his depression helpful and that he tended to his own personal needs without assistance unless he is having an insulin reaction, in which case he needed his wife's help to help him become steady and get him some food. Id. On a typical day, plaintiff watches out for his daughter, who is autistic, and helps clean up the house and do laundry. AR 44.

         Plaintiff completed high school and spent six months in tech school. From 2001 to 2014, he worked as a maintenance technician, repairing equipment, which sometimes required him to lift as much as 75 pounds. AR 36-37. He left the job to go on disability, when he felt he could no longer do the work because of his diabetes. AR 37, 44.

         B. Plaintiff's Medical History

         Plaintiff has a No. of medical problems, starting with his long history of Type I diabetes mellitus. He is considered a “brittle diabetic, ” because of wide swings in his blood glucose levels, of which he is generally unaware. This is because the dropping levels fail to trigger the secretion of epinephrine, which generates the characteristic symptoms of hypoglycemia. AR 38, 41. He was hospitalized for this problem on August 10, 2015. AR 498. In addition to his diabetes, plaintiff suffers from the severe impairments of unspecified arthralgia (joint pain), AR 39, and neuralgia (abnormal dermal sensation). He also has depressive symptoms that began in 2011.

         Plaintiff also has mild (stage II) kidney disease, chronic recurrent depressive disorder, vitamin D deficiency and other problems, AR 288-89, but he does not contend that any of these is a severe impairment or that it results in any more than minimal limitation on his ability to perform basic mental work activities. He has been seen for his diabetes, arthralgia and neuralgia by Drs. Michael Keller, Mandeep Brar and Nina Guseva.

         1. Dr. Michael Keller, M.D.

         The record includes relevant reports from Dr. Keller of his scheduled contacts with plaintiff for the period from March 2015 through July 26, 2016. For example, he wrote on March 27, 2015, that plaintiff had reported frequent fluctuations in his blood sugar and secondary loss of consciousness, no foot ulcer, but some tingling in his foot. AR 312. On examination, Dr. Keller found that plaintiff had normal gait and station, but “abnormal sensation; mild diminished sensation BL feet.” AR 312. On June 25, 2015, plaintiff's ...


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.