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Enderle v. Colvin

United States District Court, S.D. Iowa, Davenport Division

March 26, 2014

NICOLAS ALLEN ENDERLE, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant

For Nicolas Allen Enderle, Plaintiff: Hugh M Field, Kate Baratta Mitchell, LEAD ATTORNEYS, BEECHER FIELD WALKER MORRIS HOFFMAN & JOHNSON, WATERLOO, IA.

For Commissioner of Social Security, agent of Carolyn W Colvin, Defendant: William C Purdy, U S Attorney's Office, Des Moines, IA.

OPINION

ROBERT W. PRATT, U.S. District Judge.

Page 929

MEMORANDUM OPINION AND ORDER

Plaintiff, Nicolas Allen Enderle, filed a Complaint in the United States District Court for the Northern District of Iowa on September 11, 2013, seeking review of the

Page 930

Commissioner's decision to deny his claim for Social Security benefits under Title II of the Social Security Act, 42 U.S.C. § § 401 et seq. The case was transferred to the Southern District of Iowa on December 11, 2013. This Court may review a final decision by the Commissioner. 42 U.S.C. § 405(g).

On March 10, 2014, the Commissioner moved to remand this case to give the ALJ the opportunity to fully consider Plaintiff's impairments, to reevaluate medical records and reconsider the medical source evidence, to determine whether Plaintiff meets or equals a listing-level impairment, and to give further consideration to Plaintiff's residual functional capacity. Plaintiff has not resisted the motion to remand. For the reasons set forth below, the Motion is granted.

Plaintiff filed an application for benefits November 15, 2010. Tr. at 106-07. Plaintiff, whose date of birth is March 30, 1978, (Tr. at 106) was 33 years old at the time of the hearing on March 26, 2012, before Administrative Law Judge John E. Sandbothe (ALJ). Tr. at 15-32. The ALJ issued a Notice Of Decision - Unfavorable on May 9, 2012. Tr. at 44-55. The Appeals Council declined to review the ALJ's decision on July 23, 2013. Tr. at 1-6. Thereafter, Plaintiff commenced this action.

In his application for Title II benefits, Plaintiff stated he became unable to work because of his disabling condition on December 4, 2009. Tr. at 160. The ALJ found that Plaintiff is insured for Title II benefits until December 31, 2014. At the first step of the sequential evaluation, the ALJ found that Plaintiff had not engaged in substantial gainful activity after December 4, 2009. At the second step, the ALJ found Plaintiff's severe impairments to be hearing loss, obesity, and irritable bowel syndrome. Tr. at 49. The ALJ found that none of these impairments, alone or in combination, were severe enough to qualify for benefits at the third step of the sequential evaluation. At the fourth step, the ALJ found that Plaintiff retains the residual functional capacity for light work except he is unable to be around hazards and noise above " a normal office," and that he should have constant access to a bathroom. Tr. at 50. The ALJ found that Plaintiff is able to perform his past relevant work as a bagger and customer service representative. Tr. at 54. The ALJ found that Plaintiff is not disabled nor entitled to the benefits for which he applied. Tr. at 55.

EVIDENCE REVIEW

On December 12, 2008, Plaintiff saw Michael J. Malin, M.D. Plaintiff's chief complaint was hearing loss and tinnitus. Plaintiff said the tinnitus was getting worse, especially at night when he took out his hearing aids. It was noted that Plaintiff was also being treated for irritable bowel syndrome, general anxiety disorder, sensorineural hearing loss, asthma and depressive disorder. Tr. at 249. Plaintiff was given information about tolerating and living with tinnitus and a prescription of clonazapam. He was also referred to an ENT physician for treatment of the hearing loss. Plaintiff's weight was noted to be 298 pounds. Tr. at 250. Dr. Malin also renewed Plaintiff's prescription for Lexapro. Tr. at 251.

On February 2, 2009, Plaintiff asked Dr. Malin for a different medication for depression because of the cost of Lexapro. The doctor discontinued Lexapro and prescribed citalopram. The doctor also increased the dosage of clonazepam. ...


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