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FREISMUTH v. ASTRUE, 920 F.Supp.2d 943 (2013)

Court: District Court, E.D. Wisconsin Number: infdco20130201j53 Visitors: 32
Filed: Jan. 31, 2013
Latest Update: Jan. 31, 2013
Summary: ORDER J.P. STADTMUELLER, District Judge. He who knows not and knows not he knows not: he is a fool — shun him. He who knows not and knows he knows not: he is simple — teach him. He who knows and knows not he knows: he is asleep — wake him. He who knows and knows he knows: he is wise — follow him. German Proverb * * * * * * Once again, the Court is charged with the unenviable task of deciding yet another in an exceptionally long line of Social Security cases run amok. This line of cas
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ORDER

J.P. STADTMUELLER, District Judge.

He who knows not and knows not he knows not: he is a fool — shun him. He who knows not and knows he knows not: he is simple — teach him. He who knows and knows not he knows: he is asleep — wake him. He who knows and knows he knows: he is wise — follow him. German Proverb * * * * * *

Once again, the Court is charged with the unenviable task of deciding yet another in an exceptionally long line of Social Security cases run amok. This line of cases — the result of what might be charitably described as a wholly dysfunctional administrative process within the Social Security Administration — has continued to grow, bringing with it a skyrocketing number of remands. Moreover, the shortcomings associated with the administrative process are all too often exacerbated by the United States Attorney's submissions to the Court, which give every appearance of simply parroting the client agency's words without any serious independent legal analysis or thoughtful review. To be sure, this is hardly an effective strategy to defend the indefensible.

In the end, perhaps the Court's concerns are best captured in the relevant historical data associated with Social Security cases filed in the Eastern District of Wisconsin, dating back to 2009.1 This data reflects the following facts:

• in 2009, 78 Social Security cases were filed, of which 57, or 73%, were remanded; • in 2010, 99 Social Security cases were filed, of which 70, or 71%, were remanded; • in 2011, 121 Social Security cases were filed, 115 of which have been concluded to date-and 97, or 84%, have been remanded; and • in 2012, 135 Social Security cases were filed, 40 of which have been concluded to date-and 33, or 83%, have been remanded.

As those figures show, both the number of filings and the rate of remand continue to rise.2

Accompanying that rise has been a deluge of taxpayer dollars paid out in the form of attorneys' fees to counsel for prevailing plaintiffs pursuant to the Equal Access to Justice Act (EAJA). These fees totaled $371,483 for 2009 cases; $392,797 for 2010 cases; $456,501.78 for the concluded 2011 cases; and $66,027 for the concluded 2012 cases. In the aggregate, to date these EAJA fees amount to 1.3 million dollars.

But that amount does not even begin to cover all of the expenses associated with dealing with these Social Security appeals. As if the attorneys' fees were not enough, the government — again through taxpayer dollars — must also cover the salaries and associated administrative expenses of the court, the court's staff, and the government's lawyers, all of whom have roles in the appeal process. The pre-appeal administrative process entails its own costs, including the salaries and expenses of the many administrative law judges and other staff tasked with various roles in making the initial determination of eligibility for Social Security benefits.

It does not end there, for beyond the matter of the staggering economic costs, there is also the matter of the personal and emotional cost endured by applicants. Those individuals must suffer the seemingly unending frustration of having their cases, not unlike the one before the court today, drag on for years with no ultimate resolution in sight. Indeed, the Court and the government must also be aware that, in the final analysis, a remand based upon a flawed administrative process, standing alone, provides no assurance that the applicant will ultimately secure a favorable eligibility determination.

Now on to the case at hand. The plaintiff in this matter, Jennifer Freismuth, filed her Social Security appeal on February 3, 2012. (Docket #1). In it, she challenges Administrative Law Judge Mary Everstine's finding that she was not disabled during the relevant time period in question. (Docket # 1). The parties have fully briefed the matter, and it is now ripe for decision. (Docket # 7, # 12, # 13). As the reader may have intuited from the foregoing discussion, the Court finds that ALJ Everstine erred in reaching her decision, and the Court must, accordingly, vacate and remand this matter.

1. BACKGROUND

Due to the significant volume of medical evidence in this case, as well as the complicated procedural history, the Court will address the background in two separate sections. In order to provide context for the basis of the plaintiff's disability claims, the Court will first address the procedural history followed by a discussion of the relevant evidence.

1.1 Procedural History

Ms. Freismuth filed her application for SSD benefits on November 22, 2004, alleging that she had been disabled since October 19, 2001.3 (Tr. 93-95). Her claims were denied both initially and upon reconsideration. (Tr. 75-78, 82-85).

Ms. Freismuth requested an ALJ hearing on April 4, 2006, and eventually appeared before ALJ John Moreen on September 5, 2008. (Tr. 74, 561-84). ALJ Moreen determined that Ms. Freismuth could perform a significant number of light jobs and, therefore, determined that she was not disabled. (Tr. 38-55).

The Appeals Council reviewed ALJ Moreen's determination, at Ms. Freismuth's request, and on December 16, 2009, remanded the matter for a new ALJ hearing and decision. (Tr. 30-32).

Pursuant to that remand, ALJ Everstine conducted a second ALJ hearing on August 23, 2010. (Tr. 585-608). Ms. Freismuth testified at that hearing, as did vocational expert Sharon Spaventa. (Tr. 585-608).

After taking that testimony and examining the evidence of record, ALJ Everstine determined that, as of Ms. Freismuth's date last insured (March 31, 2007), Ms. Freismuth could still perform a significant number of light jobs and therefore was not disabled. (Tr. 10-22). The ALJ's decision is discussed further in Part 1.3 of this Order.

Ms. Freismuth requested review of ALJ Everstine's decision, but on December 6, 2011, the Appeals Council declined to review the matter. (Tr. 4-6). The decision of ALJ Everstine4 thus became final, and Ms. Freismuth appealed the matter to this Court.

1.2 Evidence and Testimony Before the ALJ

1.2.1 Medical Evidence

Ms. Freismuth's alleged disability in this matter occurred over a long period of time, extending past her March 31, 2007, date last insured. Thus, the Court will separate the medical evidence occurring before March 31, 2007, and that occurring afterwards, as one of the issues in this case revolves around the date last insured. Furthermore, in each time period, Ms. Freismuth received both physiological and psychological treatment.

1.2.1.1 Pre-March 31, 2007 Medical Evidence

Ms. Freismuth's medical problems at issue in this case began in October of 2000. (Tr. 295). At that time, she began to complain of neck pain, hearing loss, and dizziness; a subsequent medical test indicated dysfunction involving her saccade eye movement control system. (Tr. 295).

On October 16, 2000, Ms. Freismuth began to see Dr. M.A. Strigenz, who conducted an MRI showing abnormalities and trauma in Ms. Freismuth's brain. (Tr. 194-95, 281). Dr. Strigenz prescribed Valium and Claritin to Ms. Freismuth, but Ms. Freismuth's hearing loss and balance problems continued. (Tr. 280-81).

Thus, on December 21, 2000, Dr. Strigenz performed surgery on Ms. Freismuth's right ear; then, on July 19, 2001, Dr. Phillip Wackym performed an additional ear surgery. (Tr. 169-60, 191-92). While these surgeries provided Ms. Freismuth some temporary relief, her hearing did not improve entirely. (Tr. 161, 276-77). Dr. Wackym determined that further surgery would not be useful, and thus recommended that Ms. Freismuth use a hearing aid. (Tr. 161).

Then, several years later, on November 5, 2004, Ms. Freismuth returned to Dr. Strigenz. (Tr. 263). At that time, she complained of continuing imbalance, vertigo, and nausea, for which Dr. Strigenz prescribed Xanax and Allegra. (Tr. 263). Nonetheless, Ms. Freismuth's hearing loss and dizziness problems continued into 2005 and 2007, and were noted by Dr. Strigenz at follow-up appointments in those years. (Tr. 228-33, 235-38).

Also in November of 2004, Ms. Freismuth began to see Dr. Nancy Goranson for psychological treatment. (Tr. 174-79). Dr. Goranson diagnosed major depressive disorder and recommended therapy and use of Lexapro. (Tr. 178-79). Dr. Goranson completed a questionnaire at the Social Security Administration's request on February 1, 2005; at that time, Dr. Goranson noted that Ms. Freismuth's depressive disorder had continued for approximately four years. (Tr. 171-73). Dr. Goranson's diagnosis of major depressive disorder was confirmed by a second treating doctor, Dr. Thomas Altepeter, on January 16, 2007.5 (Tr. 338-40).

Throughout this period, Ms. Freismuth had several other doctors, as well, treating her brain problems. On December 21, 2004, Dr. Kenneth Viste informed the Social Security Administration that Ms. Freismuth received regular treatment for seizure disorder and depression. (Tr. 306). On July 5, 2005, Dr. Lori Pierquet evaluated Ms. Freismuth at the request of the Social Security Administration, and reported major depression, seizure disorder, hearing problems, vertigo, and several other impairments; from those symptoms, Dr. Pierquet determined that Ms. Freismuth's ability to work would be limited. (Tr. 196-201). Then, on July 8, 2005, Dr. Xian-feng Gu diagnosed Ms. Freismuth with well-controlled seizures and prescribed multiple medications over several months of treatment.6 (Tr. 299-302).

As to Ms. Freismuth's physical well-being, Dr. Gina Everson took over treatment in October of 2005. (Tr. 253). Ms. Freismuth complained of the following problems: continued hearing loss, regular headaches, neck pain, left hand pain, fatigue, and vertigo (the latter as a result of taking her antibiotic medications). (Tr. 422). At that time, Dr. Everson diagnosed a right trapezius strain, headaches, tenosynovitis, vertigo, seizures, and fatigue. (Tr. 254). Dr. Everson prescribed naproxen to help with Ms. Freismuth's trapezius strain. (Tr. 254). At Ms. Freismuth's October 26, 2005 follow-up appointment, Dr. Everson noted Ms. Freismuth's progress. There was no improvement in Ms. Freismuth's trapezius strain from taking the Naproxen. (Tr. 252).

1.2.1.2 Post-March 31, 2007 Medical Evidence

Ms. Freismuth returned to Dr. Everson on December 28, 2007, complaining of aches and fatigue. (Tr. 413). Dr. Everson ordered an MRI of Ms. Freismuth and, in January of 2008, determined that Ms. Freismuth was suffering from mild degenerative disease in her back. (Tr. 410-11). In the same month, Dr. Everson diagnosed Ms. Freismuth with diffuse myalgias consistent with fibromyalgia, and stated that depression likely contributed to those symptoms; Dr. Everson prescribed Trazodone and Flexeril to Ms. Freismuth, referred her to physical therapy, and suggested that she seek psychiatric treatment. (Tr. 392, 548).

Ms. Freismuth then began seeing additional doctors for both sleep difficulties and fibromyalgia. In February of 2008, Ms. Freismuth began to see Dr. Elliot Phillips, a sleep specialist. (Tr. 381). Over the course of several meetings, Dr. Phillips diagnosed Ms. Freismuth with several sleep-related disorders and prescribed both Provigil and Adderall. (Tr. 374, 381-82, 400-01, 404, 427, 433-40). Also, in March of 2008, Dr. Elizabeth Bensen began to treat Ms. Freismuth for fibromyalgia-related symptoms. (Tr. 541). Dr. Bensen diagnosed generalized pain with mood symptoms and advised that Ms. Freismuth discontinue her physical therapy. (Tr. 541). Eventually, in July of 2008, Dr. Bensen prescribed Celebrex to treat Ms. Freismuth's pain; two months later, Ms. Freismuth reported that Celebrex was not effective. (Tr. 535, 537).

In September of 2008, Drs. Phillips, Bensen, and Everson evaluated Ms. Freismuth's ability to work, and determined that Ms. Freismuth would likely have extreme difficulty finding work. (Tr. 435-39, 457, 535). Due to Ms. Freismuth's sleep problems, Dr. Phillips estimated that she would need hourly 15- to 30-minute breaks during an 8-hour day, and that she would typically be absent from work more than three times per month. (Tr. 439). In additional evaluations, Drs. Phillips and Everson found that Ms. Freismuth suffered from multiple impairments that caused interrelated physical and mental problems that would significantly impair her ability to work. (Tr. 441-45, 446-53).

Ms. Freismuth's pain and sleeping problems continued through 2010, and throughout that time Ms. Freismuth continued to visit Dr. Everson. (Tr. 455, 483, 548-50). In 2010, Dr. Everson stated that Ms. Freismuth continued to be impaired as a result of symptoms that had been present since October of 2001. (Tr. 550).

1.2.2 Testimony at the ALJ Hearing

Ms. Freismuth testified before the ALJ and stated that she worked for several years as an administrative assistant, but was permanently laid off from her job in 2001, around the onset of her disability. (Tr. 567-68). After being laid off, Ms. Freismuth found another job, but was laid off after three weeks, because the company found that she could not learn the work requirements quickly enough. (Tr. 567). Thus, Ms. Freismuth filed for disability benefits, alleging that she suffered from: problems with memory, concentration, and following written instructions; fibromyalgia; narcolepsy; seizures; hearing loss; and vertigo. (Tr. 93-95, 567-69, 571-72, 592). Ms. Freismuth also testified more specifically that she had dizziness with standing or walking (but could walk for ten to fifteen minutes or sit for thirty minutes), that she could lift and carry a twenty-pound object a short distance, that she could sit for thirty minutes but would be restless during that period, and that she had lost her hearing in her right ear. (Tr. 567-69, 571-72, 592). Ms. Freismuth states that she does most of the housework (excepting vacuuming or lifting-related tasks such as laundry) and grocery shopping. (Tr. 573, 578).

The vocational expert, Ms. Saventa, then testified before the ALJ. (Tr. 603-08). The ALJ posed a hypothetical to Ms. Saventa, asking how many jobs would be available to an individual with Ms. Freismuth's limitations and qualifications. (Tr. 603-04). Specifically, the ALJ noted that the hypothetical person would have Ms. Freismuth's educational background and work experience. (Tr. 603-04). The ALJ also limited the hypothetical person's abilities further, to include only simple and repetitive tasks requiring light work, with only occasional stooping, crouching or crawling; without any climbing of ladders, balancing, working from unprotected heights, or operating hazardous machinery; and not requiring excellent hearing. (Tr. 603-04). Taking all of those qualifications and limitations into account, the vocational expert determined that the hypothetical person could likely perform 8,200 jobs in the region as a marker and 5,200 jobs in the region as a hotel room cleaner. (Tr. 604).

Ms. Freismuth's representative then questioned the vocational expert as to whether such hypothetical person would be able to work those jobs if he or she would be likely to miss work three times each month. (Tr. 604-05). The representative also asked whether the person would be able to perform those jobs if he or she required unscheduled breaks of thirty to forty minutes. (Tr. 605). As to both questions, the vocational expert conceded that the hypothetical person could not work the marker or cleaner jobs if either of the additional limitations were imposed. (Tr. 604-05).

1.3 ALJ's Decision

Having considered the above-discussed evidence and testimony of the parties, the ALJ made several determinations. First, the ALJ determined that Ms. Freismuth had not performed substantial gainful activity since her onset date, and that her date last insured was March 31, 2007. (Tr. 15). Second, the ALJ identified several severe mental and physical impairments, including hearing loss, vertigo, major depressive disorder, head trauma with controlled seizures, and degenerative disc disease of the spine. (Tr. 15-16). Third, the ALJ considered whether Ms. Freismuth suffered from any marked limitations of criteria in Listing 12.04 (affective disorders); she determined that Ms. Freismuth did not have any impairment or combination thereof that met or equaled the listed impairments. (Tr. 11, 17-18).

Next, and most importantly for this review, the ALJ determined that, as of the March 31, 2007, date last insured, Ms. Freismuth retained the residual functional capacity (RFC) to perform light work with a substantial number of limitations.7 (Tr. 15-21). In reaching that finding, the ALJ found that Ms. Freismuth's testimony was not credible with regards to the intensity, persistence, and limiting effects of her symptoms. (Tr. 19). The ALJ based that credibility determination on the fact that Ms. Freismuth had worked until 2001, despite suffering her initially-disabling injury in 1992. (Tr. 19). Relatedly, the ALJ noted that Ms. Freismuth had stated that her symptoms improved in early 2001 before losing her job, only to change her tune in late 2001 following her layoff. (Tr. 19). The ALJ pointed out that, in reality, Ms. Freismuth's symptoms did not contribute to her loss of work — rather, she was let go as a result of downsizing. (Tr. 19). From that evidence, the ALJ gleaned that Ms. Freismuth retained her capacity to work following her 2001 layoff, and that her testimony otherwise was not credible. (Tr. 19). The ALJ buttressed that determination by pointing to reports of Ms. Freismuth's health care providers in which they suggested she find work. (Tr. 19-20).

Based on these determinations, the ALJ found that Ms. Freismuth's severe impairments would prevent her from performing her past relevant work. (Tr. 21).

Nonetheless, the ALJ determined that Ms. Freismuth retained the RFC to perform a significant number of other light jobs, and therefore was not disabled. (Tr. 21).

2. DISCUSSION

Ms. Freismuth offers the Court several reasons to overturn the ALJ's decision. First, she argues that the ALJ did not accord appropriate weight to the medical evidence in this case. (Pl.'s Br. 17-21). Second, Ms. Freismuth takes issue with the ALJ's determination that Ms. Freismuth's testimony lacked credibility. (Pl.'s Br. 21-24). Finally, she alleges that the testimony of the vocational expert was flawed. (Pl.'s Br. 24-25). If the Court finds that any one of those alleged errors is present in the ALJ's decision, the Court must reverse that decision.

2.1 Weight of Medical Evidence

Despite having grouped them all into one section of her brief, Ms. Freismuth has made several distinct arguments for reversal based on medical evidence. She first alleges error in the weight accorded to Dr. Everson's medical opinion. (Pl.'s Br. 17-19). Next, she argues that the ALJ erred by failing to accord weight to Dr. Phillips' opinion. (Pl.'s Br. 19-20). And, finally, Ms. Freismuth points out that the ALJ's RFC determination was not based upon a medical opinion, and states that such failure constitutes error. (Pl.'s Br. 20-21).

2.1.1 Dr. Everson's Medical Opinions

"A treating physician's opinion that is consistent with the record is generally entitled to `controlling weight.' ... An ALJ who chooses to reject a treating physician's opinion must provide a sound explanation for the rejection." Jelinek v. Astrue, 662 F.3d 805, 811 (7th Cir.2011) (citing 20 C.F.R. § 404.1527(d)(2)).

Here, the ALJ stated that she gave little weight to Dr. Everson's medical opinions. (Tr. 20). Specifically, the ALJ noted that Ms. Freismuth only visited Dr. Everson twice before her March 31, 2007, date last insured, and that in those two visits Ms. Freismuth presented very mild impairments. (Tr. 20-21). Furthermore, the ALJ disregarded all of Dr. Everson's opinions occurring after the date last insured, holding that those opinions did not relate to the insured period. (Tr. 20-21).

The ALJ erred in rejecting Dr. Everson's post-date last insured opinions. The Appeals Council remanded the first ALJ decision with specific instructions to consider a Multiple Impairment Questionnaire that was submitted by Dr. Everson on October 2, 2008. (Tr. 31). The Appeals Council also demanded that the ALJ obtain additional medical evidence, including statements from medical sources, regarding Ms. Freismuth's impairments. (Tr. 31-32). Those instructions make clear that the Appeals Council considered evidence established after the date last insured to be relevant to the ALJ's determination. Furthermore, as a simple matter of logic, even if medical evidence (such as the post-date last insured opinions of Dr. Everson) did not exist at the date last insured, that fact standing alone does not mean that such evidence lacks probative value as to a plaintiff's pre-date last insured impairments. See, e.g., Estok v. Apfel, 152 F.3d 636, 640 (7th Cir.1998) (stating that retrospective medical opinions should be considered if corroborated with evidence contemporaneous to the eligible period), Allord v. Barnhart, 455 F.3d 818, 822 (7th Cir.2006). For these reasons, the Court must conclude that the ALJ failed to provide an adequate explanation for rejecting Dr. Everson's post-date last insured opinions. The Court is thus obliged to find that the ALJ erred in that respect.

As to the ALJ's discounting the weight afforded to Dr. Everson's predate last insured opinions, the Court finds that such action was appropriate and supported by a sound explanation. In that respect, the ALJ offered substantial reasons for discounting the weight of those opinions, such as the fact that Ms. Freismuth's symptoms were mild and seemed to be improving and also that Dr. Everson saw Ms. Freismuth only twice in the relevant time period. (Tr. 20-21). Dr. Everson's pre-date last insured opinions were based on a mere two visits within the same month, during which time the patient's health was in flux-hardly a strong baseline from which to determine Ms. Freismuth's state of health. Thus, the Court must conclude that the ALJ provided a firm rationale for discounting those pre-date last insured opinions. Therefore, such action was not in error.

2.1.2 Dr. Phillips' Medical Opinions

The ALJ discarded Dr. Phillips' medical opinions entirely, which was an error. So long as medical opinions from treating physicians are corroborated by evidence from the insured period, they should be given weight, even if they were not rendered before the date last insured. Estok, 152 F.3d at 640.

Dr. Phillips' opinions are consistent with evidence of fatigue existing before the date last insured, and therefore should have been considered by the ALJ. Id. Dr. Everson assessed Ms. Freismuth and noted fatigue in October of 2005.8 (Tr. 254). Thus, Dr. Phillips' opinions are consistent with symptoms exhibited by Ms. Freismuth during the insured period. As such, under Estok and 20 C.F.R. § 404.1527(d)(2)-(6), the ALJ should have considered Dr. Phillips' opinions; her decision to outright disregard such evidence constitutes an error. 152 F.3d at 640.

2.1.3 ALJ's RFC Determination

Ms. Freismuth's last argument regarding the ALJ's consideration of the medical evidence relates to the ALJ's RFC determination: Ms. Freismuth alleges that the ALJ did not base that determination on any medical opinion in the record. (Pl.'s Br. 20).

Indeed, an ALJ cannot reject every medical opinion in a given record in reaching an RFC determination. Suide v. Astrue, 371 Fed.Appx. 684 (7th Cir.2010) (establishing that an ALJ may not substitute his or her lay opinion for all other medical sources in record), Eakin v. Astrue, 432 Fed.Appx. 607 (7th Cir.2011).

Here, the ALJ did just that — she reached an RFC determination that is not wholly based on any medical opinion in the record. The Commissioner argues that the ALJ's RFC determination is consistent with the opinion of state agency physician Dr. Baumblatt (Def.'s Br. 13), but then goes on to acknowledge that the RFC is only "generally" consistent with Dr. Baumblatt's less restrictive determination that Ms. Freismuth could perform light work. (Tr. 216-23). In the Court's opinion, it seems that the ALJ merely split the difference between Dr. Baumblatt's opinion and the plethora of medical evidence discussed above that documents Ms. Freismuth's multiple impairments. The ALJ addressed only Dr. Everson's medical opinions in detail before reaching the RFC determination; little other medical evidence was discussed. Given the large amount of evidence available and the lack of adequate discussion of a large portion of that evidence, the Court must conclude that the ALJ substituted her opinion for those of the other medical sources in the record. Such substitution constitutes reversible error. Suide, 371 Fed.Appx. 684.

2.2 Credibility Determination

In evaluating a claimant's testimony regarding pain and other subjective matters, an ALJ must follow a two-step process: first, the ALJ must determine whether the complained-of symptoms are consistent with objective medical evidence in the record; and, second, the ALJ must evaluate the claimant's credibility regarding the specific contours of that pain (such as intensity, persistence, and effects). Social Security Ruling 96-7p (interpreting 20 C.F.R. § 404.1529).

Here, there is no question that the ALJ completed the first of those steps — the ALJ stated that the objective evidence "could reasonably be expected to cause the alleged symptoms." (Tr. 18).

At the second step of the evaluation, though, the ALJ erred. To begin, the ALJ used inappropriate language at that step in determining that Ms. Freismuth's statements were not credible to the extent they were inconsistent with the RFC. The exact language that the ALJ used has been roundly criticized by the Seventh Circuit as meaningless boilerplate. See, e.g., Bjornson v. Astrue, 671 F.3d 640, 645-647 (7th Cir.2012).

Furthermore, even disregarding that meaningless language, the ALJ's credibility determination here was deeply flawed. For example, the ALJ found it very relevant that Ms. Freismuth had worked for several years after a 1992 car crash before becoming disabled, and that Ms. Freismuth had been laid off (as opposed to having left due to her condition) from her job. (Tr. 19). Yet, the ALJ neglected to mention that Ms. Freismuth had been in a second car crash in 2000 that could very well have precipitated additional impairments. Furthermore, there is evidence that Ms. Freismuth was having significant problems at her job prior to being laid off in 2001. (Tr. 575). And, while Ms. Freismuth's ability to perform household chores may be somewhat inconsistent with her reported impairments, there is a vast difference between performing limited amounts of non-exertional household chores and being able to work for eight hours per day, several days per week. Hughes v. Astrue, 705 F.3d 276, 278-79 (7th Cir.2013) (citing Bjornson, 671 F.3d at 647; Craft v. Astrue, 539 F.3d 668, 680 (7th Cir.2008); Gentle v. Barnhart, 430 F.3d 865, 867-68 (7th Cir.2005); Rogers v. Commissioner of Social Security, 486 F.3d 234, 248-49 (6th Cir.2007); Draper v. Barnhart, 425 F.3d 1127, 1131 (8th Cir. 2005)). In sum, the ALJ seems to have disregarded some important evidence that weighs against her RFC determination and to have overvalued the evidence that she did rely on.

Given those errors, as well as the ALJ's use of disfavored language, the Court must conclude that the ALJ erred in making her credibility determination.

2.3 Vocational Expert Testimony

Ms. Freismuth's final argument centers around the hypothetical questions posed by the ALJ to the vocational expert to determine Ms. Freismuth's ability to work. (Pl.'s Br. 24-25). On this point, Ms. Freismuth argues that the ALJ presented the vocational expert with a hypothetical that did not take all of the medical evidence into consideration. (Pl.'s Br. 24-25). The Court agrees.

An ALJ's hypotheticals to a vocational expert must take into account all of a claimant's limitations. Stewart v. Astrue, 561 F.3d 679, 684 (7th Cir.2009).

Here, the ALJ's hypothetical failed to include limitations for frequent breaks, frequent absences, and mental limitations. (Tr. 603-08). There are numerous medical opinions in the record in this matter, practically all of which acknowledge that Ms. Freismuth would need frequent breaks. (Tr. 201, 438-39, 444, 451-52). And, while the ALJ failed to include a frequent-break limitation in his hypothetical questions, the VE testified (pursuant to one of Ms. Freismuth's questions) that no jobs would exist for an individual needing to take frequent breaks, as would likely be required in Ms. Freismuth's case. There is also a significant bundle of evidence concerning Ms. Freismuth's mental limitations in concentration, persistence, and pace, as well as in daily living and social functioning; the ALJ included only a limitation that Ms. Freismuth be limited to simple and repetitive tasks. (Tr. 17, 603). From these problems, it is quite clear to the Court that the ALJ simply disregarded much of the record in forming her hypothetical questions.

Thus, given that the ALJ ignored many of Ms. Freismuth's limitations, the Court is obliged to determine that her decision was in error. Stewart, 561 F.3d at 684.

3. CONCLUSION

This case is not a close one. Whereas Social Security appeals often exist in a grey area, with much of an ALJ's decision correct with some minor errors, here the ALJ's decision is absolutely riddled with errors. In reality, the Court has little idea as to why the Commissioner chose to defend this case on appeal. Not only were there multiple problems with the ALJ's decision that were readily apparent to the Court, but it also appears that the Commissioner's attorneys elected to spend very little time and effort writing the brief in defense of the ALJ's decision. The Commissioner's brief includes an error of fact on the dispositive matter of Dr. Phillips' opinion (misidentifying the onset of Ms. Freismuth's fatigue). More telling, other than a passing reference to the standard of review, the government's brief does not include a single citation to case law in its legal analysis of the administrative record.

If the Commissioner is not going to put forth an adequate effort to defend an ALJ's decisions, why defend them at all? To the Court it is quite apparent that a thorough early evaluation by the Commissioner would have disclosed that this case should have never proceeded to the point of formal briefing, given the glaring errors in the ALJ's decision. Frankly, with a very full case load, the Court finds it insulting to be continually called upon to review these cases, when the Commissioner's counsel can neither appropriately screen them nor adequately brief them. As earlier noted in this decision, reversals of ALJ determinations in Social Security cases have absolutely skyrocketed. The record in this case amply demonstrates why: the Commissioner continues to engage in the Sisyphean task of defending a significant number of ALJ decisions, without first giving appropriate consideration to the merits of such defenses. The Court fully expects that this untenable situation will be remedied post haste, and in a manner that insures that both the Social Security Administration and the U.S. Attorney's office devote their respective resources to defending ALJ decisions that truly have merit. If not — at the risk of stating the obvious — they will soon find themselves in very deep trouble.

Given the significant errors in the ALJ's decision, as noted above, the Court is obliged to vacate the decision of the ALJ and remand this case for further proceedings consistent with this opinion.

Accordingly,

IT IS ORDERED that the opinion of the ALJ be and the same is hereby VACATED and REMANDED for further proceedings consistent with this opinion.

The clerk of court is directed to enter judgment accordingly.

Appendix

Disposition Profile-Social Security Cases Eastern District of Wisconsin 2009-2013

Summary

2009 2010 Total Cases Filed: 78 Total Cases Filed: 99 Closed Cases: 78 Closed Cases: 99 Remanded: 57 Remanded: 70 Affirmed: 16 Affirmed: 23 Dismissed/Other: 5 Dismissed/Other: 6 Total Attys' Fees: $371,483.19 Total Attys' Fees: $392,797.00* Total Costs: $4,209.10 Total Costs: $5,943.11 2011 2012 Total Cases Filed: 121 Total Cases Filed: 135 Closed Cases: 115* Closed Cases: 40* Remanded: 97 Remanded: 33 Affirmed: 11 Affirmed: 5 Dismissed/Other: 7 Dismissed/Other: 2 Total Attys' Fees: $456,501.78* Total Attys' Fees: $80,177.08* Total Costs: $7,623.27* Total Costs: $1,777.00* 2013 Total Cases Filed: 17* Closed Cases: 0* Remanded: 0 Affirmed: 0 Dismissed/Other: 0 Total Attys' Fees: $0.00* Total Costs: $0.00* * As of January 31, 2013

                                  2009 Social Security Cases

Date        Case No./Judge            Case Title                      Disposition                                   Disp.       Attorneys'
Filed                                                                                                               Date        Fees/Costs

03/06/06    06-CV-0273-CNC            Nelms v. Astrue                 Remanded by the Seventh Circuit                03/31/09   $31,191.82/IFP
03/27/09

09/01/06    06-CV-0933-JPS            McKay v. Astrue                 Vacated/Remanded                               12/08/10   $11,310.30/IFP
04/06/09

04/01/08    08-CV-0284-LA             Sucharski v. Astrue             Reversed/Remanded                              09/25/09   $10,248.25/$350.00
02/10/09

05/21/08    08-CV-0450-RTR            Ross v. Astrue                  Remanded by the Seventh Circuit                09/22/09   $11,976.80/IFP
09/15/09

01/06/09    09-CV-0024-WCG            Baker v. Astrue                 Remanded on Parties' Joint Motion              06/26/09   None

01/08/09    09-CV-0036-LA             Christel v. Astrue              Reversed/Remanded                              07/24/09   $3,000.00/IFP

01/08/09    09-CV-0041-JPS            Smith v. Astrue                 Vacated/Remanded                               03/02/10   $7,194.88/$350.00

01/13/09    09-CV-0055-CNC            Nieves Rivera v. Astrue         Affirmed                                       12/20/10   N/A

01/14/09    09-CV-0060-LA             Mattison v. Astrue              Reversed/Remanded                              08/21/09   Motion Denied/$350.00

01/14/09    09-CV-0061-RTR            Jones v. Astrue                 Affirmed                                       07/17/09   N/A

01/16/09    09-CV-0072-AEG            Thao v. Astrue                  Remanded on Parties' Joint Motion              08/17/09   $4,200.00/IFP

02/09/09    09-CV-0130-LA             Lopez v. Astrue                 Dismissed                                      11/30/09   IFP/Pro se

02/13/09    09-CV-0147-CNC            McCormick v. Astrue             Remanded on Parties' Joint Motion              09/15/09   $10,870.25/$350.00

02/19/09    09-CV-0173-RTR            Segalle v. Astrue               Remanded                                       02/04/10   $3,524.41/IFP

02/20/09    09-CV-0178-JPS            Spiva v. Astrue                 Remanded by the Seventh Circuit                02/14/11   $17,408.22/$677.99
01/28/11

02/25/09    09-CV-0203-LA             Joseph v. Astrue                Remanded on Parties' Joint Motion              07/28/09   $3,534.00/IFP

02/27/09    09-CV-0212-LA             Thompson v. Astrue              Dismissed                                      03/30/10   IFP/Pro se
                                Ratulowski v. Commissioner Social

03/10/09    09-CV-0270-AEG           Security Administration          Affirmed                                       10/19/09   N/A

03/12/09    09-CV-0281-RTR            Corson v. Astrue                Affirmed                                       02/10/10   N/A

03/23/09    09-CV-0313-WEC            Hudson v. Astrue                Reversed/Remanded                              03/25/10   $11,344.60

04/03/09    09-CV-0358-JPS            Roquemore v. Astrue             Vacated/Remanded                               03/10/10   $5,300.00/IFP

04/09/09    09-CV-0367-WCG            Dobrecevich-Voelkel v.          Remanded                                       03/03/11   $7,386.65/IFP

01/26/10                              Astrue

04/10/09    09-CV-0372-JPS            Powell v. Astrue                Remanded on Parties' Joint Motion              10/08/09   $5,250.00/IFP

04/15/09    09-CV-0392-LA             Ramos v. Astrue                 Reversed/Remanded                              11/27/09   $8,431.50/IFP

05/06/09    09-CV-0464-LA             Lunsford v. Astrue              Reversed/Remanded                              04/02/10   $6,750.00

05/08/09    09-CV-0472-JPS            Washington v. Astrue            Affirmed                                       08/19/10   N/A

05/12/09    09-CV-0483-LA             Stitch v. Astrue                Affirmed                                       01/31/10   N/A

05/13/09    09-CV-0485-CNC            Emanuele v. Astrue              Reversed/Remanded                              03/17/11   IFP/Pro se

05/22/09    09-CV-0523-WCG            Kemp v. Astrue                  Affirmed                                       09/30/10   N/A

05/27/09    09-CV-0534-WCG            Vander Linden v. Commissioner   Reversed/Remanded                              04/07/10   $6,000.00/IFP
                                      Social Security Adminstration

05/28/09    09-CV-0537-CNC            Reynolds v. Astrue              Remanded                                       07/21/10   $5,500.00/$350.00

06/01/09    09-CV-0547-JPS            Phillips v. Astrue              Vacated/Remanded                               08/10/11   $5,500.00
11/23/10

06/04/09    09-CV-0559-WCG            Leverance v. Astrue             Remanded on Government's Motion                09/20/10   IFP/Pro se

06/04/09    09-CV-0560-CNC            Vander Meulen v. Astrue         Reversed/Remanded                              03/13/12   $6,478.75/IFP

06/11/09    09-CV-0582-RTR            Krucky v. Astrue                Remanded on Parties' Joint Motion              11/23/09   $5,394.81/IFP

06/16/09    09-CV-0594-PJG            O'Brien v. Astrue               Affirmed                                      09/03/10    N/A

06/19/09    09-CV-0615-LA             Flores v. Astrue                Remanded on Government's Motion               10/19/09    None

06/24/09    09-CV-0626-RTR            Boldon v. Astrue                Affirmed                                      01/22/10    N/A

06/26/09    09-CV-0629-JPS            Carr v. Astrue                  Affirmed                                      07/30/10    N/A

07/07/09    09-CV-0665-CNC            Winters v. Astrue               Reversed/Remanded                             09/08/10    $5,685.64/IFP

07/14/09    09-CV-0688-PJG            Banks v. Astrue                 Remanded                                      09/27/10    $4,500.00/IFP

07/16/09    09-CV-0695-RTR            McDonald v. Astrue              Remanded on Parties' Joint Motion             01/08/10    None

07/22/09    09-CV-0717-LA             Jones v. Astrue                 Remanded on Parties' Joint Motion             01/23/10    $5,197.50/IFP

07/22/09    09-CV-0719-PJG            Le Vaughn v. Astrue             Remanded                                      09/30/10    $2,874.00/$350.00

07/23/09    09-CV-0721-RTR            Larson v. Astrue                Reversed/Remanded                             08/16/10    $4,638.62

07/24/09    09-CV-0727-RTR            Zirzow v. Astrue                Remanded                                      01/22/10    $7,713.0/IFP

08/03/09    09-CV-0754-RTR            Mercier v. Astrue               Remanded                                      02/03/10    $5,300.00/IFP

08/11/09    09-CV-0773-RTR            Jemison v. Astrue               Reversed/Remanded                             08/19/10    $8,397.00/IFP

08/13/09    09-CV-0784-JPS            Mott v. Astrue                  Remanded on Government's Motion               03/09/11    $12,725.93/$160.99
03/02/11

08/14/09    09-CV-0791-CNC            Lengling v. Astrue              Dismissed on Government's Motion              12/10/10    IFP/Pro se

08/17/09    09-CV-0798-JPS            Alicea v. Astrue                Remanded on Government's Motion               10/28/09    IFP/Pro se

08/19/09    09-CV-0803-JPS            Troop v. Astrue                 Vacated/Remanded                              09/24/10    $5,877.50/IFP

08/21/09    09-CV-0812-JPS            Thompson v. Astrue              Vacated/Remanded                              07/16/10    None

09/10/09    09-CV-0868-CNC            Jones v. Astrue                 Affirmed                                      10/31/11    N/A

09/10/09    09-CV-0874-RTR            Walker v. Astrue                Remanded                                      05/19/10    $5,100.00/IFP

09/11/09    09-CV-0876-RTR            Lashley v. Astrue               Dismissed on Government's Motion              04/14/10    IFP/Pro se

09/15/09    09-CV-0888-CNC            Kampe v. Astrue                 Vacated/Remanded                              03/31/12    $6,056.77/$350.00

09/16/09    09-CV-0893-WCG            Harder v. Astrue                Remanded on Government's Motion               05/21/10    $6,350.00

09/17/09    09-CV-0897-WCG            Birling v. Social Security      Stayed pending plaintiff's release from       08/16/10    N/A
                                      Administration                  prison

09/17/09    09-CV-0900-WEC            Woods v. Astrue                 Reversed/Remanded                             09/29/10    $4,264.13/IFP

09/21/09    09-CV-0912-LA             Weber v. Astrue                 Reversed/Remanded                             05/11/10    $5,700.00/IFP

09/21/09    09-CV-0914-WEC            Rodriguez v. Astrue             Affirmed                                      09/01/10    N/A

09/23/09    09-CV-0918-PJG            Carr v. Astrue                  Affirmed                                      09/23/10    N/A

09/29/09    09-CV-0938-PJG            Gallagher v. Astrue             Affirmed                                      09/30/10    N/A

09/30/09    09-CV-0947-CNC            Freeman v. Astrue               Reversed/Remanded                             09/16/11    $17,068.37/$350.00

10/02/09    09-CV-0953-JPS            Jefferson v. Astrue             Vacated/Remanded                              08/03/10    $7,047.50/IFP

10/13/09    09-CV-0978-CNC            Watts v. Astrue                 Remanded on Parties' Joint Motion             05/07/10    $1,900.00

10/19/09    09-CV-0990-WCG            Kirk v. Astrue                  Affirmed                                      12/02/10    N/A

10/28/09    09-CV-1020-JPS            Caraballo v. Astrue             Vacated/Remanded                              03/07/11    Motion for Fees Denied

11/04/09    09-CV-1040-WEC            Wright v. Astrue                Reversed/Remanded                             01/12/11    $6,900.00

11/12/09    09-CV-1067-AEG            Levins v. Astrue                Reversed/Remanded                             05/10/10    $13,158.75/IFP

11/12/09    09-CV-1068-PJG            Holzem v. Astrue                Remanded                                      03/15/11    $6,645.75/IFP

11/17/09    09-CV-1084-WCG            Haase v. Astrue                 Affirmed                                      08/27/10    N/A

11/24/09    09-CV-1101-LA             Kadletz v. Astrue               Reversed/Remanded                             07/26/10    $8,571.00/IFP
12/03/09    09-CV-1120-AEG            Schott v. Astrue                Remanded on Parties Joint Motion              03/18/10    None

12/07/09    09-CV-1128-WCG            Vanderloop v. Astrue            Reversed/Remanded                             11/15/10    $7,000.00

12/21/09    09-CV-1163-WCG            Monroe v. Astrue                Remanded                                      03/09/11    $8,564.48/$435.02

12/31/09    09-CV-1197-WCG            Robinson v. Astrue              Remanded by the Seventh Circuit               11/15/11    $16,452.00/$135.10
10/13/11

                                     2010 Social Security Cases

Date        Case No./Judge            Case Title                      Disposition                                   Disp.       Attorneys'
Filed                                                                                                               Date        Fees/Costs

11/05/07    07-CV-0983-CNC           Bell v. Astrue                   Affirmed                                      04/21/11    N/A
02/24/10

06/15/06    06-CV-0697-RTR           Bauer v. Astrue                  Remanded by the Seventh Circuit               04/26/10    $30,746.7/$412.08
04/12/10

12/03/07    07-CV-1079-JPS           D.R v. Astrue                    Dismissed on Government's Motion              04/21/11    IFP/Pro se
10/14/10

01/14/10    10-CV-0037-RTR           Clark v. Astrue                  Reversed/Remanded                             10/27/10    $5,700.00/IFP

01/21/10    10-CV-0053-LA            Nobel v. Astrue                  Dismissed                                     08/04/10    IFP/Pro se

07/19/10    10-CV-0602-RTR           Burdick v. Astrue                Reversed/Remanded                             01/31/11    $7,250.25/IFP

02/02/10    10-CV-0088-RTR           Bates v. Astrue                  Affirmed                                      07/21/10    N/A

02/03/10    10-CV-0092-WCG           Borland v. Astrue                Reversed/Remanded                             12/17/10    $6,000.00/$463.91

02/10/10    10-CV-0119-LA            Hadley v. Astrue                 Affirmed                                      08/26/10    N/A

03/03/10    10-CV-0175-WCG           Su Nemun v. Astrue               Remanded                                      03/24/11    $8,066.48/IFP

03/12/10    10-CV-0212-WEC           McLaughlin v. Astrue             Reversed/Remanded                             02/09/11    $8,744.29/IFP

03/13/10    10-CV-0213-WEC           Anderson v. Astrue               Remanded on Parties' Joint Motion             09/16/10    $5,440.00/IFP

03/22/10    10-CV-0240-LA            Wiersma v. Astrue                Reversed/Remanded                             12/08/10    $7,242.00/$350.00

03/24/10    10-CV-0246-WEC           Kott v. Astrue                   Affirmed                                      03/07/11    N/A

03/24/10    10-CV-0248-RTR           Bufford v. Astrue                Reversed/Remanded                             11/17/10    $7,500.00/IFP

03/30/10    10-CV-0272-JPS           Earl v. Astrue                   Vacated/Remanded                              03/17/11    $6,514.32/IFP

04/07/10    10-CV-0290-CNC           Costello v. Astrue               Remanded on Parties' Joint Motion             10/04/10    $4,781.88/IFP

04/20/10    10-CV-0338-JPS           Blanchard v. Astrue              Vacated/Remanded                              03/07/11    $7,167.66/IFP

04/23/10    10-CV-0353-LA            Nash v. Astrue                   Reversed/Remanded                             01/20/11    $8,488.00/IFP

04/27/10    10-CV-0360-RTR           Lowe v. Astrue                   Reversed/Remanded                             11/19/10    $6,200.00/IFP

04/28/10    10-CV-0365-LA            McGee v. Astrue                  Reversed/Remanded                             01/27/11    $6,406.00/IFP

04/30/10    10-CV-0376-RTR           Frischmann v. Astrue             Remanded on Parties' Joint Motion             10/12/10    $5,150.00/IFP

05/03/10    10-CV-0380-AEG           Trossen v. Astrue                Reversed/Remanded                             12/06/10    $5,865.00/$350.00

05/14/10    10-CV-0420-CNC           Drake v. Astrue                  Reversed/Remanded                             09/15/11    $7,200.00/IFP

05/19/10    10-CV-0431-LA            Graham v. Astrue                 Remanded on Parties' Joint Motion             12/23/10    $4,259.05/IFP

05/24/10    10-CV-0450-WEC           Tritz v. Astrue                  Reversed/Remanded                             08/24/11    $6,629.00/$350.00

05/25/10    10-CV-0451-LA            Sherrod v. Astrue                Affirmed                                      01/25/11    N/A

05/26/10    10-CV-0454-WCG           Varga v. Astrue                  Reversed/Remanded                             02/02/11    $7,975.71/$350.00

05/27/10    10-CV-0457-WCG           Matzke v. Astrue                 Remanded                                      09/07/11    None

05/27/10    10-CV-0458-LA            Turner v. Astrue                 Remanded on Parties' Joint Motion             01/05/11    $4,503.66/IFP

05/28/10    10-CV-0461-WEC           McNeil v. Astrue                 Remanded on Parties' Joint Motion             11/18/10    $4,400.00/IFP

06/08/10    10-CV-0478-AEG           Terlecki v. Astrue               Affirmed                                      12/20/10    N/A

06/08/10    10-CV-0480-PJG           Cherry v. Astrue                 Dismissed                                     11/10/10    IFP/Pro se

06/08/10    10-CV-0481-PJG           Colister v. Astrue               Remanded                                      03/30/12    $7,000.00/IFP

06/16/10    10-CV-0506-WEC           Bilello v. Astrue                Dismissed on Government's Motion              07/08/11    IFP/Pro se

06/16/10    10-CV-0507-AEG           Steffen v. Astrue                Reversed/Remanded                             04/26/11    $1,904.76

06/17/10    10-CV-0509-LA             Starting v. Astrue              Remanded on Parties' Joint Motion             12/20/10    $6,885.25/$350.00

06/22/10    10-CV-0518-WEC            Maki v. Astrue                  Affirmed                                      09/12/11    N/A

06/25/10    10-CV-0527-PJG            S v. Astrue                     Remanded on Parties' Joint Motion             04/06/11    $4,507.48/$100.71

07/02/10    10-CV-0547-PJG            Burr v. Astrue                  Affirmed                                      08/15/11    N/A

07/02/10    10-CV-0548-AEG            Dulmes v. Astrue                Reversed/Remanded                             05/04/11    None

07/07/10    10-CV-0559-RTR            Ney v. Astrue                   Reversed/Remanded                             01/28/11    $7,500.00/IFP

07/08/10    10-CV-0565-WEC            Schmidt v. Astrue               Affirmed                                      09/20/11    N/A

07/13/10    10-CV-0582-LA             S v. Astrue                     Reversed/Remanded                             03/18/11    $7,000.00/IFP

07/14/10    10-CV-0589-AEG            Cook v. Astrue                  Remanded on Parties' Joint Motion             12/30/10    $3,091.48/$350.00

07/14/10    10-CV-0592-RTR            Knight v. Astrue                Affirmed                                      06/07/11    N/A

07/15/10    10-CV-0595-JPS            Loubriel v. Astrue              Remanded on Parties' Joint Motion             03/18/11    $3,917.25/IFP

07/16/10    10-CV-0599-JPS            Tohl v. Astrue                  Vacated/Remanded                              09/01/11    $6,918.25/$366.62

07/19/10    10-CV-0603-JPS            Kirkeeng v. Astrue              Remanded on Parties' Joint Motion             01/11/11    $18,734.97/$350.00

07/22/10    10-CV-0619-AEG            Cueller v. Astrue               Reversed/Remanded                             05/05/11    $1,684.98

07/26/10    10-CV-0632-JPS            Nelson v. Astrue                Remanded on Parties' Joint Motion             12/08/10    None

07/26/10    10-CV-0635-RTR            Jones v. Astrue                 Remanded on Government's Motion               11/29/11    $5,000.00/$383.17

08/03/10    10-CV-0659-WEC            Mandella v. Astrue              Reversed/Remanded                             10/17/11    $3,850.00/IFP

08/06/10    10-CV-0671-LA             Kastner v. Astrue               Remanded on Parties' Joint Motion             01/06/11    $4,500.00/IFP

08/10/10    10-CV-0679-LA             Schill v. Astrue                Remanded on Parties' Joint Motion             02/22/11    $5,189.08/IFP

08/10/10    10-CV-0680-RTR            Meeks v. Astrue                 Reversed/Remanded                             05/11/11    $7,416.97/IFP

08/11/10    10-CV-0682-LA             Balde v. Astrue                 Affirmed                                      08/04/11    N/A

08/12/10    10-CV-0684-LA             Hanson v. Astrue                Affirmed                                      04/09/11    N/A

08/18/10    10-CV-0712-CNC            Gray v. Astrue                  Affirmed                                      08/10/12    N/A

08/24/10    10-CV-0719-RTR            Prescott v. Astrue              Affirmed                                      05/10/11    N/A

08/23/10    10-CV-0722-PJG            Potter v. Astrue                Dismissed                                     02/16/11    IFP/Pro se

08/26/10    10-CV-0732-WCG            Sweetalla v. Astrue             Remanded on Parties' Joint Motion             01/21/11    $5,078.09/IFP

08/26/10    10-CV-0733-JPS            Brown v. Astrue                 Remanded on Parties' Joint Motion             02/23/11    $3,100.00/IFP

09/01/10    10-CV-0754-RTR            Scott v. Astrue                 Reversed/Remanded                             05/13/11    $8,555.08/IFP

09/10/10    10-CV-0780-JPS            Washington v. Astrue            Remanded on Parties' Joint Motion             02/04/11    $4,553.78/IFP

09/17/10    10-CV-0806-WCG            Haferbecker v. Astrue           Affirmed                                      07/05/11    N/A

09/26/10    10-CV-0838-CNC            Cameron v. Astrue               Remanded on Parties' Joint Motion             01/31/12    $6,845.50/IFP

09/27/10    10-CV-0839-RTR            Nelson v. Astrue                Remanded on Parties' Joint Motion             03/02/11    $4,787.91/IFP

09/28/10    10-CV-0846-PJG            Toles v. Astrue                 Remanded on Parties' Joint Motion             04/01/11    $5,994.94/$350.00

09/30/10    10-CV-0856-CNC            Bronnson v. Astrue              Reversed/Remanded                             08/24/12    $7,733.88/$366.62

10/01/10    10-CV-0858-WCG            Schultz v. Astrue               Reversed/Remanded                             10/12/11    None

10/15/10    10-CV-0920-JPS            Exum v. Astrue                  Affirmed                                      11/28/11    N/A

10/19/10    10-CV-0939-JPS            Coppersmith v. Astrue           Vacated/Remanded                              12/16/11    None

10/19/10    10-CV-0940-CNC            Mathes v. Astrue                Reversed/Remanded                             03/31/12    None

10/26/10    10-CV-0957-WEC            Roberts v. Astrue               Reversed/Remanded                             03/30/12    IFP/Pro se

10/27/10    10-CV-0965-WEC            Smith v. Astrue                 Reversed/Remanded                             12/20/11    $1,200.00

10/31/10    10-CV-0973-AEG            Lucas v. Astrue                  Affirmed                                     05/09/11    N/A

11/10/10    10-CV-1001-WCG            Follett v. Astrue               Remanded                                      03/28/12    $7,057.25/$350.00

11/10/10    10-CV-1002-LA             Koepp v. Astrue                 Reversed/Remanded                             07/22/11    None

11/15/10    10-CV-1018-RTR            Stachura v. Astrue              Reversed/Remanded                             06/09/11    IFP/Pro se

11/15/10    10-CV-1020-CNC            Nettesheim v. Astrue            Remanded on Parties' Joint Motion             08/14/12    $8,918.50/IFP
                                                                                                                               (Motion Pending)
11/16/10    10-CV-1021-WEC            Ford v. Astrue                  Reversed/Remanded                             07/05/12    $4,100.00/IFP

11/17/10    10-CV-1027-LA             Cox v. Astrue                   Reversed/Remanded                             08/12/11    $5,604.84/IFP

11/18/10    10-CV-1028-AEG            Staffaroni v. Astrue            Affirmed                                      07/28/11    N/A

11/23/10    10-CV-1050-AEG            Laabs v. Astrue                 Reversed/Remanded                             05/25/11    $6,788.05/IFP

11/24/10    10-CV-1056-WCG            Reinke v. Astrue                Affirmed                                      01/20/12    N/A

11/24/10    10-CV-1059-LA             Minett v. Astrue                Dismissed on Parties' Joint Motion            04/06/11    None

11/27/10    10-CV-1067-WCG            Retlick v. Astrue               Reversed/Remanded                             03/27/12    $7,921.75/$350.00

12/06/10    10-CV-1093-PJG            Parker v. Astrue                Remanded on Parties' Joint Motion             06/02/11    None

12/10/10    10-CV-1116-WEC            Stewart v. Astrue               Reversed/Remanded                             01/30/12    $7,631.94/IFP

12/10/10    10-CV-1119-WCG            Meiers-Petersen v. Astrue       Reversed/Remanded                             03/30/12    $8,400.00/$350.00

12/13/10    10-CV-1122-WEC            Johnstone v. Astrue             Reversed/Remanded                             01/23/12    $5,634.00/IFP

12/17/10    10-CV-1138-WEC            Rodriguez v. Astrue             Affirmed                                      02/21/12    N/A

12/20/10    10-CV-1143-WEC            Tucker v. Astrue                Affirmed                                      08/06/12    N/A

12/20/10    10-CV-1145-LA             Pfund v. Astrue                 Affirmed                                      08/26/11    N/A

12/22/10    10-CV-1152-LA             Hoffman v. Astrue               Reversed/Remanded                             07/27/11    $6,347.01/IFP

12/22/10    10-CV-1154-JPS            Harris v. Astrue                Affirmed                                      09/29/11    N/A

12/29/10    10-CV-1170-JPS            Willis v. Astrue                Vacated/Remanded                              01/25/12    $5,000.00/IFP

12/30/10    10-CV-1181-WCG            Versteegh v. Astrue             Remanded on Parties' Joint Motion             06/23/11    $4,214.00/IFP

                                     2011 Social Security Cases

Date        Case No./Judge           Case Title                      Disposition                                   Disp.       Attorneys'
Filed                                                                                                               Date        Fees/Costs

01/28/11    11-CV-0119-CNC           Smith v. Astrue                  Voluntarily Dismissed                         02/09/11    N/A

01/01/11    11-CV-0001-RTR           Petrillo v. Astrue               Remanded on Parties' Joint Motion             04/14/11    $1,050.00/IFP

01/05/11    11-CV-0008-RTR           Modjewski v. Astrue              Reversed/Remanded                             10/12/11    $6,700.00/IFP

01/06/11    11-CV-0012-JPS           Johnson v. Astrue                Vacated/Remanded                              11/08/11    $5,612.74/IFP
03/14/11

01/11/11    11-CV-0026-JPS           Hartman v. Astrue                Vacated/Remanded                              03/07/12    $5,750.00/$350.00

01/12/11    11-CV-0029-JPS           Rockwell v. Astrue               Vacated/Remanded                              01/06/12    None

01/12/11    11-CV-0031-LA            Rogers v. Astrue                 Remanded on Parties' Joint Motion             06/29/11    $5,070.00/IFP

01/25/11    11-CV-0081-WEC           McAlister v. Astrue              Reversed/Remanded                             08/27/12    $2,400.00

02/03/11    11-CV-0128-RTR           Majerus v. Astrue                Reversed/Remanded                             08/18/11    $3,415.50/IFP

02/03/11    11-CV-0129-RTR           Conrardy v. Astrue               Affirmed                                      08/17/11    N/A

02/04/11    11-CV-0139-WCG           Aulik v. Astrue                  Remanded on Parties' Joint Motion             09/01/11    $4,616.62/$350.00

02/07/11    11-CV-0149-LA            Berry v. Astrue                  Remanded on Parties' Joint Motion             07/21/11    $4,620.00/$366.62

02/08/11    11-CV-0152-LA            Roth v. Astrue                   Remanded                                      09/26/11    None

02/09/11    11-CV-0157-RTR           Allen v. Astrue                  Reversed/Remanded                             10/13/11    $7,900.00/IFP

02/14/11    11-CV-0165-NJ            Martinez v. Astrue               Reversed/Remanded                             02/03/12    $1,500.00

02/14/11    11-CV-0168-WCG           Everard v. Astrue                Remanded on Parties' Joint Motion             08/01/11    $3,552.50/$366.62

02/17/11    11-CV-0180-WCG           Rodriguez v. Astrue              Remanded on Parties' Joint Motion             09/15/11    $5,000.00/IFP

02/22/11    11-CV-0196-RTR           Schrank v. Astrue                Reversed/Remanded                             08/29/11    None

02/25/11    11-CV-0212-LA            Hayes v. Astrue                  Reversed/Remanded                             09/14/11    $7,450.00/IFP

03/01/11    11-CV-0224-WEC           Mrstik v. Astrue                 Reversed/Remanded                             03/26/12    $7,700.00/$350.00

03/03/11    11-CV-0231-LA            Hanke v. Astrue                  Reversed/Remanded                             10/24/11    $6,200.00/$533.54

03/02/11    11-CV-0235-JPS           Allen v. Astrue                  Vacated/Remanded                              02/23/12    $6,683.38/IFP

03/04/11    11-CV-0243-PJG           Kiefer v. Astrue                 Affirmed                                      03/27/12    N/A

03/09/11    11-CV-0248-CNC           Smith v. Astrue                  Reversed/Remanded                             08/07/12    $4,900.00/$27.27

03/10/11    11-CV-0253-RTR           Van Atta v. Astrue               Reversed/Remanded                             11/16/11    $5,400.00/$350.00

03/15/11    11-CV-0263-WCG           Roberts v. Astrue                Remanded on Parties' Joint Motion             08/16/11    $1,000.00/$366.62

03/17/11    11-CV-0271-RTR           Fuentes v. Astrue                Reversed/Remanded                             06/25/12    $7,144.61/IFP

03/18/11    11-CV-0275-JPS           Westbrook v. Astrue              Vacated/Remanded                              03/13/12    $7,493.31/IFP

03/18/11    11-CV-0276-WCG           McCartney v. Astrue              Reversed/Remanded                             05/29/12    $8,528.75/IFP

03/21/11    11-CV-0282-NJ            Hefter v. Astrue                 Affirmed                                      09/30/12    N/A

03/23/11    11-CV-0289-WEC           Houston v. Astrue                Remanded on Parties' Joint Motion             10/03/11    $4,480.00/IFP

03/28/11    11-CV-0306-JPS           Rowe v. Astrue                   Vacated/Remanded                              02/10/12    $4,300.00/IFP

03/29/11    11-CV-0307-JPS           Young v. Astrue                  Vacated/Remanded                              04/30/12    $4,900.00/$350.00

03/31/11    11-CV-0317-WCG           Lockwood v. Commissioner Social  Remanded                                      08/01/12    $7,500.00/IFP
                                     Security Administration

04/05/11    11-CV-0327-WEC           Clayhiggs v. Astrue              Remanded on Parties' Joint Motion             11/08/11    $4,771.25/IFP

04/05/11    11-CV-0328-NJ            Shavlik v. Astrue                Affirmed                                      01/20/12    N/A

04/09/11    11-CV-0338-JPS           Perez v. Astrue                  Vacated/Remanded                              04/25/12    $6,714.80/IFP

04/18/11    11-CV-0368-CNC            Caraballo v. Astrue             Reversed/Remanded                             08/21/12    $3,776.12/IFP

04/26/11    11-CV-0399-WCG            Francart v. Astrue              Affirmed                                      07/25/12    N/A

04/27/11    11-CV-0403-RTR            Mata v. Astrue                  Voluntarily Dismissed                         08/17/11    N/A

04/27/11    11-CV-0404-NJ             Patterson v. Astrue             Affirmed                                      09/11/12    N/A

04/28/11    11-CV-0410-WEC            Goetsch v. Astrue               Reversed/Remanded                             06/28/12    $4,750.00/$350.00

04/29/11    11-CV-0415-JPS            Woods v. Astrue                 Affirmed                                      04/30/12    N/A

05/02/11    11-CV-0420-WEC            Thibaudeau v. Astrue            Reversed/Remanded                             08/13/12    $7,200.00/IFP

05/09/11    11-CV-0442-CNC            Lunsford v. Astrue              Reversed/Remanded                             09/21/12    Motion Pending

05/12/11    11-CV-0452-CNC            Wieland v. Astrue               Reversed/Remanded                             09/21/12    $7,500.00/IFP

05/17/11    11-CV-0471-PJG            Towle v. Astrue                 Affirmed                                      10/22/12    N/A

05/20/11    11-CV-0487-RTR            Bunting v. Astrue               Reversed/Remanded                             02/08/12    $10,740.13/IFP

05/20/11    11-CV-0488-LA             Smith v. Astrue                 Remanded on Parties' Joint Motion             12/15/11    $5,700.00/IFP

05/21/11    11-CV-0494-CNC            Beckard v. Astrue               Remanded on Government's Motion               09/16/11    None

05/24/11    11-CV-0495-CNC            Tennant v. Astrue               Reversed/Remanded                             09/28/12    IFP/Pro se

05/24/11    11-CV-0498-WEC            Paavilainen v. Astrue           Remanded on Government's Motion               07/26/11    None

05/28/11    11-CV-0513-PJG            Kramer v. Astrue                Remanded                                      09/28/12    $7,500.00/IFP

06/02/11    11-CV-0530-NJ             Valero v. Astrue                Affirmed                                      09/30/12    N/A

06/02/11    11-CV-0532-PJG            Kronberg v. Astrue              Remanded on Parties' Joint Motion             03/13/12    $5,200.00/IFP

06/08/11    11-CV-0552-NJ             Anzalone v. Astrue              Remanded on Parties' Joint Motion             01/06/12    $5,200.00/$350.00

06/20/11    11-CV-0591-NJ             Felske v. Astrue                Reversed/Remanded                             06/01/12    $8,300.00/IFP

06/27/11    11-CV-0622-RTR            Crooms v. Astrue                Dismissed on Government's Motion              09/19/11    IFP/Pro se

06/28/11    11-CV-0627-PJG            Orozco v. Astrue                Remanded on Parties' Joint Motion             02/22/12    $5,480.75/$350.00

07/01/11    11-CV-0639-CNC            Wynn v. Astrue                  Reversed/Remanded                             09/28/12    $6,300.00/$350.00

07/01/11    11-CV-0640-NJ             Spears v. Astrue                Remanded on Government's Motion               02/28/12    $4,000.00/IFP

07/06/11    11-CV-0649-WCG            McAuley v. Astrue               Remanded                                      09/25/12    $7,500.00/IFP

07/08/11    11-CV-0656-PJG            Diaz v. Astrue                  Remanded                                      10/16/12    $4,900.00/IFP

07/11/11    11-CV-0659-CNC            Ivy v. Astrue                   Remanded on Parties' Joint Motion             05/31/12    $5,850.00/IFP

07/18/11    11-CV-0687-WEC            Lehman v. Astrue                Reversed/Remanded                             08/30/12    $6,411.81/IFP

07/20/11    11-CV-0692-JPS            Nolan v. Astrue                 Vacated/Remanded                              04/23/12    $5,500.00/$350.00

08/01/11    11-CV-0729-WEC            Khur v. Astrue                  Reversed/Remanded                             09/27/12    $8,331.22/$362.60

08/04/11    11-CV-0739-LA             Hildebrandt v. Astrue           Reversed/Remanded                             05/03/12    $5,300.00/IFP

08/05/11    11-CV-0741-WCG            Farr v. Astrue                  Remanded                                      09/25/12    None

08/08/11    11-CV-0745-CNC            Branch v. Astrue                Reversed/Remanded                             09/27/12    $6,700.00/IFP

08/08/11    11-CV-0746-NJ             Manske v. Astrue                Remanded on Government's Motion               09/19/11    None

08/09/11    11-CV-0749-LA             Lindsley v. Astrue              Remanded on Parties' Joint Motion             05/03/12    None

08/10/11    11-CV-0756-LA             Witek v. Astrue                 Remanded on Parties' Joint Motion             01/16/12    $5,609.00/IFP

08/14/11    11-CV-0767-RTR            Van Dyke v. Astrue              Remanded on Parties' Joint Motion             04/18/12    $5,740.00/IFP

08/16/11    11-CV-0771-WEC            Minske v. Astrue                Remanded on Government's Motion               12/07/11    IFP/Pro se

08/16/11    11-CV-0773-JPS            Roso v. Astrue                  Vacated/Remanded                              04/11/12    $9,500.00/IFP

08/18/11    11-CV-0783-JPS            Henderson v. Astrue             Remanded on Parties' Joint Motion             02/27/12    $5,500.00/IFP

08/30/11    11-CV-0820-PJG            Miller v. Astrue                Remanded                                      08/22/12    $7,035.75/IFP

08/31/11    11-CV-0832-WCG            DeGoey v. Astrue                Reversed/Remanded                             06/13/12    $4,500.00/$350.00

09/01/11    11-CV-0833-RTR            Williams v. Astrue              Reversed/Remanded                             06/27/12    $6,358.08/IFP

09/02/11    11-CV-0841-NJ             Bruce v. Astrue                 Remanded on    Parties' Joint Motion          04/13/12    $4,500.00/IFP

09/06/11    11-CV-0843-LA             Nealy v. Social Security        Voluntarily Dismissed                         01/24/12    N/A
                                      Administration

09/09/11    11-CV-0854-CNC            McDowell v. Astrue              Remanded on Parties' Joint Motion             03/19/12    $5,400.00/IFP

09/09/11    11-CV-0856-PJG            Fermaint v. Astrue              Remanded on Parties' Joint Motion             03/15/12    $6,314.38/IFP

09/16/11    11-CV-0876-PJG            Stapleton v. Astrue             Reversed/Remanded                             09/11/12    None

09/19/11    11-CV-0877-LA             Schomer v. Astrue, et. al.      Remanded on Parties' Joint Motion             04/10/12    $3,100.00/IFP

09/21/11    11-CV-0887-LA             Washington v. Astrue            Remanded on Parties' Joint Motion             03/08/12    $5,513.41/IFP

09/23/11    11-CV-0896-LA             Ramsey v. Astrue                Dismissed                                     06/07/12    IFP/Pro se

09/26/11    11-CV-0900-RTR            Ash v. Astrue                   Reversed/Remanded                             12/10/12    None

10/04/11    11-CV-0927-JPS            Kazee v. Astrue                 Vacated/Remanded                              05/10/12    $7,034.00/IFP

10/11/11    11-CV-0946-CNC            Neuman v. Astrue                Remanded on Parties' Stipulation              07/12/12    $5,824.31/IFP

10/11/11    11-CV-0951-RTR            Devera v. Astrue                Reversed/Remanded                             06/29/12    $4,565.48/$350.00

10/12/11    11-CV-0955-LA             Phippen v. Astrue               Affirmed                                      05/11/12    N/A

10/17/11    11-CV-0966-LA             Rivera v. Astrue                Reversed/Remanded                             08/01/12    $7,500.00/IFP

10/17/11    11-CV-0970-WCG            Tapia v. Astrue                 Remanded                                      07/31/12    $5,000.00/IFP

10/18/11    11-CV-0971-WEC            Roberts v. Social Security      Reversed/Remanded                             12/17/12    Pro se
                                      Administration

10/24/11    11-CV-0992-RTR            Harvester v. Astrue             Reversed/Remanded                             07/05/12    $7,740.00/IFP

10/24/11    11-CV-0994-PJG            Faul v. Astrue                  Pending

10/25/11    11-CV-1001-PJG            Pfennig v. Astrue               Pending

10/31/11    11-CV-1012-WCG            Martin v. Astrue                Remanded on Parties' Joint Motion             05/22/12    $4,000.00/IFP

10/31/11    11-CV-1015-LA             Mason v. Astrue                 Reversed/Remanded                             05/25/12    $6,300.00/$350.00

11/10/11    11-CV-1035-JPS            Andujal v. Astrue               Remanded on Parties' Joint Motion             06/28/12    $5,918.13/$350.00

11/10/11    11-CV-1037-NJ             Sutter v. Astrue                Reversed/Remanded                             09/10/12    $5,800.00

11/15/11    11-CV-1048-WEC            Cadogan v. Astrue               Reversed/Remanded                             10/12/12    $4,000.00/$350.00

11/17/11    11-CV-1063-LA             Cain-Wesa v. Astrue             Affirmed                                      06/13/12    N/A

11/25/11    11-CV-1083-WCG            Warner v. Astrue                Remanded                                      01/18/13    None

11/28/11    11-CV-1087-RTR            Cerpa v. Astrue                 Reversed/Remanded                             07/05/12    $9,743.75/IFP

12/05/11    11-CV-1104-NJ             Mydlowski v. Astrue             Remanded on Parties' Joint Motion             05/10/12    $2,926.50/IFP

12/07/11    11-CV-1110-PJG            Jubelirer v. Astrue             Remanded on Parties' Joint Motion             06/04/12    $3,467.50

12/12/11    11-CV-1125-CNC            Pickett v. Social               Dismissed on Government's Motion              04/25/12    IFP/Pro se
                                      Security Office

12/16/11    11-CV-1141-RTR            Zainer v. Astrue                Remanded                                      01/23/13    None

12/19/11    11-CV-1143-NJ             Alfano v. Astrue                Voluntarily Dismissed                         04/06/12    N/A

12/20/11    11-CV-1147-PJG            Klasen v. Astrue                Pending

12/20/11    11-CV-1151-RTR            McIntire v. Astrue              Reversed/Remanded                             07/10/12    $6,775.00/$350.00

12/23/11    11-CV-1162-JPS            Van Epps v. Astrue              Vacated/Remanded                              01/14/13    None

12/23/11    11-CV-1165-NJ             Rodriguez v. Social Security    Pending
                                      Administration

12/27/11    11-CV-1169-LA             Rhodes v. Astrue                Remanded on Parties' Joint Motion             06/08/12    $4,398.25/IFP
12/29/11    11-CV-1177-CNC            Johnson v. Astrue               Pending

12/30/11    11-CV-1179-WCG            Menge v. Astrue                 Remanded on Parties' Joint Motion             07/12/12    $4,500.00/IFP

12/30/11    11-CV-1181-NJ             Long v. Commissioner of Social  Pending
                                      Security

                                 2012 Social Security Cases
Date                                                                                                                Disp.       Attorneys'
Filed       Case No./Judge           Case Title                       Disposition                                   Date        Fees/Costs

11/15/07    07-CV-1016-JPS           McCollum v. Astrue               Vacated/Remanded                              10/05/12    $11,000.00/IFP
05/18/12

05/05/08    08-CV-0386-CNC           Chase v. Astrue                  Remanded by the Seventh Circuit               03/31/12    Motion Pending
03/23/12

01/13/12    12-CV-0046-LA            Hunt v. Astrue                   Reversed/Remanded                             08/31/12    $4,514.25/$350.00

01/20/12    12-CV-0055-JPS           Hilkert v. Astrue                Affirmed                                      01/14/13    N/A

01/20/12    12-CV-0056-RTR           Mareno v. Astrue                 Remanded on Government's Motion               10/04/12    $3,564.28/$350.00

01/20/12    12-CV-0057-WCG           Jorgensen v. Astrue              Remanded on Parties' Joint Motion             04/04/12    None

01/26/12    12-CV-0080-WCG           Gerow v. Astrue                  Affirmed                                      01/17/13    N/A

01/27/12    12-CV-0087-NJ            York v. Astrue                   Remanded on Government's Motion               05/09/12    None

01/27/12    12-CV-0089-PJG           Parker v. Astrue                 Pending

02/01/12    12-CV-0108-WCG           Pelnar v. Astrue                 Remanded on Parties' Joint Motion             07/12/12    $3,609.16/IFP

02/02/12    12-CV-0113-LA            Christiansen v. Astrue           Remanded on Parties' Joint Motion             07/02/12    $5,415.00/IFP

02/03/12    12-CV-0114-JPS           Freismuth v. Astrue              Remanded                                      01/31/13

02/06/12    12-CV-0124-RTR           Gaber v. Astrue                  Reversed/Remanded                             12/04/12    None

02/07/12    12-CV-0132-WEC           Lauer v. Astrue                  Affirmed                                      01/11/13    N/A

02/09/12    12-CV-0139-RTR           Crittenden v. Astrue             Remanded on Parties' Joint Motion             07/30/12    $6,053.75/IFP

02/14/12    12-CV-0155-CNC           Bufford v. Astrue                Remanded on Parties' Joint Motion             11/30/12    $7,500.00/IFP

02/15/12    12-CV-0157-WCG           Niemi v. Astrue                  Pending

02/16/12    12-CV-0163-LA            Kidder v. Astrue                 Remanded on Parties' Joint Motion             08/13/12    $7,500.00/$377.00

02/16/12    12-CV-0166-WCG           Jorgenson v. Astrue              Remanded                                      01/23/13    None

02/27/12    12-CV-0201-WEC           Black v. Astrue                  Affirmed                                      01/30/13    N/A

03/16/12    12-CV-0256-PJG           Ross v. Astrue                   Pending

03/27/12    12-CV-0301-WCG           Saunders v. Astrue               Remanded on Parties' Joint Motion             08/30/12    $4,200.00/IFP

03/29/12    12-CV-0312-RTR           Lindsey v. Astrue                Reversed/Remanded                             12/04/12    None

03/29/12    12-CV-0313-JPS           Wudtke v. Astrue                 Remanded on Parties' Joint Motion             11/09/12    $5,566.25/IFP

04/04/12    12-CV-0326-WCG           Senn v. Astrue                   Pending

04/09/12    12-CV-0340-WEC           Schiller v. Astrue               Pending

04/13/12    12-CV-0353-PJG           Troop v. Astrue                  Pending

04/18/12    12-CV-0367-WCG           Ford v. Astrue                   Pending

04/23/12    12-CV-0374-WCG           Freeland v. Astrue               Remanded on Parties' Joint Motion             12/06/12    $6,650.00/$350.00

04/24/12    12-CV-0375-JPS           Gayfield v. Astrue               Vacated/Remanded                              11/09/12    None

04/25/12    12-CV-0382-LA            McGee v. Astrue                  Remanded on Parties' Joint Motion             09/28/12    $5,274.25/IFP

04/30/12    12-CV-0391-JPS           Peterson v. Astrue               Remanded on Parties' Joint Motion             11/27/12    $350.00 (Costs Only)

04/30/12    12-CV-0395-CNC           Pinson v. Astrue                 Pending

05/01/12    12-CV-0400-JPS           Scott v. Astrue                  Pending

05/01/12    12-CV-0406-WEC           Laux v. Astrue                   Pending

05/07/12    12-CV-0451-WCG           Barbeau v. Astrue                Pending

05/09/12    12-CV-0464-JPS           Fulfer v. Astrue                 Vacated/Remanded                              11/09/12    Motion Pending

05/14/12    12-CV-0478-RTR           Morrison v. Astrue               Remanded on Parties' Joint Motion             12/20/12    Motion Pending

05/17/12    12-CV-0492-JPS           Sherod v. Astrue                 Pending

05/17/12    12-CV-0493-RTR           Weston v. Astrue                 Remanded on Parties' Joint Motion             10/04/12    $5,200.00/IFP

05/17/12    12-CV-0498-PJG           Burdick v. Astrue                Remanded on Parties' Joint Motion             12/18/12    Motion Pending

05/18/12    12-CV-0502-CNC           Seilheimer v. Astrue             Pending

05/21/12    12-CV-0503-RTR           Frater v. Astrue                 Remanded on Parties' Joint Motion             01/02/13    Motion Pending

05/23/12    12-CV-0514-WEC           Van Handel v. Astrue             Pending

05/24/12    12-CV-0527-WEC           Diggs v. Astrue                  Pending

05/25/12    12-CV-0535-CNC           Thompson v. Astrue               Pending

05/25/12    12-CV-0538-CNC           Eason v. Astrue                  Remanded on Parties' Joint Motion             01/24/13    None

06/01/12    12-CV-0548-RTR           Clark v. Astrue                  Remanded on Parties' Joint Motion             01/29/13    None

06/03/12    12-CV-0551-JPS           Allen v. Astrue                  Pending

06/05/12    12-CV-0566-JPS           Pendzik v. Astrue                Pending

06/05/12    12-CV-0568-JPS           Brown v. Astrue                  Vacated/Remanded                              12/11/12    None

06/06/12    12-CV-0572-WEC           Ludwig v. Astrue                 Pending

06/08/12    12-CV-0581-WCG           Bernier v. Astrue                Remanded on Parties' Joint Motion             09/18/12    $3,181.14/IFP

06/15/12    12-CV-0615-NJ            Buhk v. Astrue                   Pending

06/19/12    12-CV-0627-LA            Tenhove v. Astrue                Pending

06/19/12    12-CV-0632-LA            Wolfgram v. Astrue               Affirmed                                      01/18/13    N/A

06/20/12    12-CV-0639-JPS           Behrens v. Astrue                Pending

06/22/12    12-CV-0646-RTR           Garin v. Commissioner Social     Pending
                                     Security Administration

06/22/12    12-CV-0649-RTR           L v. Astrue                      Pending

06/25/12    12-CV-0653-RTR           Dunbar v. Astrue                 Pending

06/28/12    12-CV-0663-RTR           Payment v. Astrue                Pending

06/29/12    12-CV-0671-NJ            Jezwinski v. Astrue              Pending

07/03/12    12-CV-0681-JPS           Broughton v. Astrue              Pending

07/05/12    12-CV-0682-JPS           Cintron v. Social Security       Dismissed on Government's Motion              12/11/12    IFP/Pro se
                                     Administration, et. al.
                                     Dotson v. Commissioner of        Pending

07/05/12    12-CV-0685-LA            Social Security

07/06/12    12-CV-0692-CNC           Beamon v. Social Security        Dismissed on Government's Motion              01/25/13    IFP/Pro se
                                     Administration

07/10/12    12-CV-0701-NJ            Moss v. Astrue                   Pending

07/14/12    12-CV-0722-LA            Mott v. Astrue                   Remanded on Parties' Joint Motion             01/30/13    None

07/16/12    12-CV-0726-LA            Zoephel v. Astrue                Pending

07/17/12    12-CV-0733-JPS           Arnold Simpson v. Astrue         Vacated/Remanded                              01/25/13    None

07/22/12    12-CV-0750-RTR           Klingbeil v. Astrue              Pending

07/24/12    12-CV-0761-PJG           Lahmsen v. Astrue                Pending

07/27/12    12-CV-0771-RTR           Dufresne v. Astrue               Pending

08/02/12    12-CV-0790-JPS           Woods v. Office of Disability    Pending
                                     Adjudication and Review

08/03/12    12-CV-0795-WEC           Herrera v. Astrue                Pending

08/06/12    12-CV-0799-JPS           Wahls v. Astrue                  Pending

08/06/12    12-CV-0800-WEC           Dill v. Astrue                   Pending

08/13/12    12-CV-0821-LA            Brown v. Astrue                  Remanded on Parties' Joint Motion             10/29/12    $949.00/IFP

08/13/12    12-CV-0822-CNC           Hanson v. Astrue                 Pending

08/16/12    12-CV-0834-WEC           Resendez v. Astrue               Pending

08/16/12    12-CV-0836-WCG           Delaney v. Astrue                Pending

08/18/12    12-CV-0842-RTR           Kolp v. Astrue                   Pending

08/22/12    12-CV-0850-RTR           Fenner v. Astrue                 Pending

08/29/12    12-CV-0872-NJ            Hale v. Astrue                   Pending

09/07/12    12-CV-0917-JPS           Grant v. Social Security         Pending
                                     Administration

09/11/12    12-CV-0926-RTR           Schmidt v. Astrue                Pending

09/18/12    12-CV-0956-RTR           Webster v. Astrue                Pending

09/18/12    12-CV-0957-RTR           Smith v. Astrue                  Pending

09/19/12    12-CV-0958-LA            Daniels v. Astrue                Pending

09/20/12    12-CV-0967-RTR           Savignac v. Astrue               Pending

09/21/12    12-CV-0969-LA            Schurr v. Astrue                 Pending

09/25/12    12-CV-0976-NJ            Swinney v. Astrue                Pending

09/25/12    12-CV-0981-NJ            Weckwerth v. Astrue              Pending

10/04/12    12-CV-1008-NJ            Jemison v. Astrue                Pending

10/11/12    12-CV-1044-JPS           Warr v. Astrue                   Pending

10/16/12    12-CV-1055-PJG           Sterken v. Astrue                Pending

10/22/12    12-CV-1072-WCG           Parini v. Astrue                 Pending

10/23/12    12-CV-1079-AEG           Watts v. Astrue                  Pending

10/24/12    12-CV-1080-CNC           Turner v. Astrue                 Pending

10/28/12    12-CV-1090-NJ            Berry v. Astrue                  Pending

10/29/12    12-CV-1092-AEG           Farrell v. Astrue                Pending

10/31/12    12-CV-1102-WCG           Varga v. Astrue                  Pending

10/31/12    12-CV-1104-JPS           Repinski-Engle v. Astrue         Pending

10/31/12    12-CV-1106-PJG           Rosenberg v. Astrue              Pending

11/01/12    12-CV-1114-AEG           Heichler v. Astrue               Pending

11/02/12    12-CV-1118-WCG           Gancarcik v. Astrue              Pending

11/04/12    12-CV-1121-RTR           Paulsen v. Astrue                Pending

11/06/12    12-CV-1130-WCG           Thompson v. Astrue               Pending

11/06/12    12-CV-1131-LA            Stenger v. Astrue                Pending

11/13/12    12-CV-1153-PJG           Piggue v. Astrue                 Pending

11/14/12    12-CV-1159-RTR           Rudolph v. Commissioner of       Pending
                                     Social Security

11/14/12    12-CV-1163-AEG           Rutledge v. Commissioner         Pending
                                     Social Security Administration

11/16/12    12-CV-1169-WEC           Clayton v. Commissioner of       Pending
                                     Social Security

11/21/12    12-CV-1185-JPS           Crowell v. Astrue                Pending

11/26/12    12-CV-1192-WEC           Schuessler v. Astrue             Pending

11/27/12    12-CV-1196-JPS           Salazar v. Astrue                Pending

11/27/12    12-CV-1199-RTR           Whitt v. Astrue                  Pending

11/28/12    12-CV-1203-AEG           Brandt v. Commissioner of        Pending
                                     Social Security

11/29/12    12-CV-1206-WCG           Cantu v. Astrue                  Pending

11/29/12    12-CV-1209-RTR           Goodwin v. Astrue                Pending

11/30/12    12-CV-1216-PJG           Vich v. Astrue                   Pending

12/01/12    12-CV-1219-LA            Cirino v. Astrue                 Pending

12/03/12    12-CV-1221-AEG           Shoffner v. Astrue               Pending

12/03/12    12-CV-1225-AEG           Evans v. Astrue                  Pending

12/05/12    12-CV-1238-PJG           Reichardt v. Astrue              Pending

12/05/12    12-CV-1239-LA            Stockton v. Astrue               Pending

12/07/12    12-CV-1252-WCG           McDaniel v. Astrue               Pending

12/12/12    12-CV-1269-AEG           Hart v. Astrue                   Pending

12/12/12    12-CV-1271-AEG           Schrage v. Astrue                Pending

12/14/12    12-CV-1275-WCG           Van Den Bloomer v. Astrue        Pending

12/14/12    12-CV-1276-LA            Johnson v. Astrue                Pending

12/18/12    12-CV-1285-RTR           McKinney v. Astrue               Pending

12/20/12    12-CV-1299-WCG           Suchocki v. Astrue, et. al.      Pending

12/21/12    12-CV-1302-NJ            Filczer v. Astrue                Pending

12/27/12    12-CV-1311-AEG           Loomis v. Astrue                 Pending
                                 2013 Social Security Cases

Date                                                                           Disp.   Attorneys'
Filed      Case No./Judge   Case Title                           Disposition   Date    Fees/Costs

01/02/13   13-CV-0002-JPS   Gomez v. Social Security Office of   Pending
                            Disability Adjudication and Review

01/04/13   13-CV-0014-AEG   Jones v. Social Security
                            Administration                       Pending

01/07/13   13-CV-0015-LA    Olson v. Astrue                      Pending

01/08/13   13-CV-0024-AEG   Neuberger v. Astrue                  Pending

01/09/13   13-CV-0029-JPS   Williams v. Astrue                   Pending

01/09/13   13-CV-0030-JPS   Triggs v. Astrue                     Pending

01/10/13   13-CV-0033-WCG   Stamper v. Astrue                    Pending

01/15/13   13-CV-0056-JPS   Serbian v. Astrue                    Pending

01/17/13   13-CV-0064-JPS   Nash v. Astrue                       Pending

01/22/13   13-CV-0075-JPS   Kujac v. Astrue                      Pending

01/22/13   13-CV-0076-JPS   Thompson v. Astrue                   Pending

01/25/13   13-CV-0096-RTR   Crammers v. Astrue                   Pending

01/25/13   13-CV-0101-JPS   Evans v. Astrue                      Pending

01/28/13   13-CV-0104-AEG   Carr v. Astrue                       Pending

01/29/13   13-CV-0107-WCG   Kaczrowski v. Astrue                 Pending

01/30/13   13-CV-0110-LA    Andino Ruiz v. Astrue                Pending

01/31/13   13-CV-0112-LA    Grasso v. Astrue                     Pending

FootNotes


1. This data has been drawn from the appendix incorporated as part of this decision.
2. Here, the Court should note that, to its credit, the government has acquiesced in the remand of approximately one third of those cases remanded. Indeed, that fact has helped to reduce the caseload and a portion of the costs associated with these remands. Nonetheless, it also raises an additional question: why do so many of these cases actually require that the claimant institute litigation before the government faces the hard reality that the case must be remanded?
3. It should also be noted that Ms. Freismuth applied for Disability Insurance Benefits and Supplemental Security Income in November of 1992. (Tr. 41). After those claims were denied, she obtained a job and worked until 2001, at which time she now alleges her current alleged disability began to affect her. (Tr. 41, 88).
4. To prevent confusion, the Court notes that from this point forward, it will refer to ALJ Everstine as "the ALJ," without identifying her by name.
5. Dr. Altepeter performed further post-March 31, 2007 testing, which confirmed that Ms. Freismuth's depression was severe and impaired her ability to obtain a job. (Tr. 312-18).
6. In fact, Ms. Freismuth's treatment from Dr. Gu continued into 2009, over which time Ms. Freismuth's symptoms did not substantially improve; Dr. Gu made several changes to Ms. Freismuth's prescriptions. (Tr. 296-302, 385-86,507-08).
7. The ALJ found that Ms. Freismuth could perform light work that did not involve: frequent stooping, crouching, or crawling; climbing ladders; working at unprotected heights; or operating hazardous machinery. (Tr. 15-21). The ALJ also determined that Ms. Freismuth's job should not require excellent hearing or optimal balance, and should be confined to simple and repetitive tasks. (Tr. 15-21).
8. On this point, the Commissioner argues that Ms. Freismuth did not exhibit signs of fatigue during the insured period. (Def.'s Resp. 12). Given the evidence from Dr. Everson's October assessments of Ms. Freismuth, it is clear that the Commissioner is simply wrong on this point.
Source:  Leagle

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