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April 20, 2011
SANDRA M. CABRERA, PLAINTIFF,v.MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
Plaintiff Sandra M. Cabrera seeks to overturn the final decision of the Commissioner of Social Security ("Commissioner" or "Defendant") denying her application for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act. 42 U.S.C. §§ 416, 423(d). The parties consented to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c), and have now filed cross-motions for summary judgment. After careful review of the record, the Court now denies Plaintiff's motion and grants the Commissioner's motion.
Plaintiff applied for DIB on March 8, 2007, alleging that she became disabled on January 5, 2005 from carpal tunnel syndrome, arthritis, and swelling in the joints and hands. (R. 139, 159.) The Social Security Administration ("SSA") denied the application initially on April 26, 2007, and again on reconsideration on August 1, 2007. (R. 72-73, 78-82, 88-91.) Pursuant to Plaintiff's timely request, Administrative Law Judge ("ALJ") Mona Ahmed held an administrative hearing on March 18, 2009. The ALJ heard testimony from Plaintiff, who appeared with counsel, and from vocational expert ("VE") Frank M. Mendrick.
A little more than four months later, on July 27, 2009, the ALJ found that Plaintiff is capable of performing a significant number of unskilled sedentary jobs available in the national economy and, thus, is not disabled. (R. 16-25.) The Appeals Council denied Plaintiff's request for review on May 24, 2010, and Plaintiff now seeks judicial review of the ALJ's decision, which stands as the final decision of the Commissioner. (R. 1-3.)
Plaintiff challenges that decision on the grounds that the ALJ made flawed assessments regarding her residual functional capacity and her credibility, and relied on improper VE testimony. As explained below, the Court finds substantial evidence to support the ALJ's conclusions, including that Plaintiff is capable of frequent handling and fingering, her complaints of pain lack overall consistency and are not fully credible, and there are a significant number of jobs available that she can perform.
Plaintiff was born on July 18, 1965, and was 44 years old at the time of the ALJ's decision. (R. 154). She has a high school education and lives with her husband and two children. (R. 33, 166). Plaintiff worked for nearly 13 years as a general manager of a first aid supply company for school nurses, but her position was eliminated on November 30, 2004. (R. 157, 183). She did not work after that date, and claims that she became disabled shortly thereafter on January 5, 2005.
A. Medical History
1. Carpal and Cubital Tunnel Syndrome
Plaintiff first complained of pain and numbness in both hands and wrists when she saw her family physician, Dr. Robert Winiecki, on January 5, 2005.*fn1 (R. 598). Dr. Winiecki referred Plaintiff to Dr. Christopher R. Glock of M&M Orthopaedics, Ltd., who examined her on February 4, 2005 and diagnosed "[r]ight-sided double crush syndrome with costoclavicular and carpal tunnel syndrome, as well as cubital tunnel on the right," "periclinical left wrist carpal tunnel syndrome," and "bilateral thumb trigger digits." (R. 258-60). Dr. Glock recommended Aleve, wrist braces and physical therapy. (R. 260-61). On February 25, 2005, Dr. Glock administered a steroid injection to help alleviate Plaintiff's pain, and instructed her to return in four weeks. He indicated that her "work status remains full, although she is currently not at work." (R. 258).
Plaintiff next saw Dr. Glock on March 25, 2005. She reported good relief from the injection and said that she was "happy" with the 20% to 30% improvement she felt. (R. 255-57). At a follow-up visit on April 22, 2005, Plaintiff decided to proceed with a right carpal tunnel release in the hopes of achieving more permanent relief. (R. 253-55). Dr. Glock performed the procedure on May 10, 2005, and six days later on May 16, 2005, Plaintiff was healing well and "very happy with how [the procedure] is working so far." (R. 252, 279-80). Plaintiff remained on "off work" status until June 20, 2005 when she returned to "full" work status pending a left carpal tunnel release. (R. 250-51).
On July 7, 2005, Dr. Glock performed surgery on Plaintiff's left wrist. (R. 277-78). A few days later, on July 11, 2005, she was doing "very well" but still had some numbness and tingling in the middle, ring and small fingers of her left hand. (R. 247-48). Dr. Glock's colleague, Dr. Andrew Kim, removed Plaintiff's stitches on July 20, 2005, and on August 22, 2005, Dr. Glock released her to return to regular work activities. Plaintiff was still experiencing symptoms in her middle, ring and small fingers, however, and Dr. Glock stated that she "may very well require surgical treatment for the right cubital tunnel." (R. 245, 247).
Dr. Glock relocated his practice after that time so Plaintiff started seeing Dr. Brian A. Murphy of M&M Orthopaedics on August 31, 2005. Dr. Murphy diagnosed right cubital tunnel syndrome and recommended surgical intervention. (R. 244-45). Plaintiff underwent right subcutaneous ulnar nerve transposition on September 13, 2005. (R. 275-76). At a follow-up visit with Dr. Murphy on September 26, 2005, Plaintiff was "doing quite well," and reported that the "numbness and tingling in her fingers have almost resolved completely."
(R. 242-43). On October 24, 2005, Dr. Murphy indicated that with respect to Plaintiff's right hand, he "would be happy to allow her to return to work." She still exhibited symptoms in her left hand, however, and Dr. Murphy instructed her to return in four to six weeks for further assessment. (R. 241-42).
By December 2005, Plaintiff was still experiencing left hand numbness and tingling, and a December 16, 2005 nerve conduction study was "suggestive of very early minimal ulnar compressive mononeuropathy on the left." (R. 269-70). Dr. Murphy concluded that Plaintiff would benefit from a left subcutaneous ulnar nerve transposition to address her left cubital tunnel syndrome. (R. 240). Dr. Murphy performed the surgery on January 12, 2006, and on February 24, 2006, Plaintiff reported only occasional pain when she engaged in significant lifting, and stated that the numbness and tingling had resolved completely. Dr. Murphy released Plaintiff to "her full duties at work" at that time. (R. 238, 273-74).
On April 4, 2006, Dr. Jeffrey E. Coe examined Plaintiff in connection with a workers' compensation claim she had filed based on "[r]epetitive trauma to both hands." (R. 128, 597-605). Plaintiff exhibited normal range of motion in her elbows, normal range of motion in her wrists except for a five degree loss of radial and ulnar deviation on the left side, negative Tinel's and Phalen's signs*fn2 at the right wrist, negative Phalen's sign and equivocal Tinel's sign at the left wrist with only localized tingling, grossly intact sensation with associated tingling dysesthesia*fn3 on the flexor surface of the left first through fifth fingers, grossly intact peripheral pulses of the upper extremities, and left hand tingling and pain with grip strength testing. (R. 602-04). Five months later, on September 26, 2006, Plaintiff settled her workers' compensation claim. The settlement order indicated that Plaintiff was "temporarily totally disabled from 5/10/05-6/20/05; 7/11/05-8/19/05; 9/13/05-2/26/06." (R. 128-29).
2. Treatment for Elbow, Back and Neck Pain (Dr. Karlsson)
On October 26, 2006, Plaintiff had a lumbar spine radiograph that showed multilevel degenerative changes, most pronounced at the L5-S1 level. (R. 505). Plaintiff sought treatment again shortly thereafter on November 16, 2006 due to upper and lower back pain. (R. 237-38). Dr. Troy R. Karlsson of M&M Orthopaedics observed that Plaintiff was significantly overweight and discussed weight loss options with her. On examination, Plaintiff had motor strength of 5/5, full sensation, symmetric reflexes to her lower extremities, and negative straight leg raise signs. Dr. Karlsson noted that she had "significant degenerative disc disease at several levels with disc space narrowing and end plate osteophytes," and he recommended a course of physical therapy and back exercises. (Id.).
Plaintiff returned to Dr. Karlsson on November 27, 2006 complaining of occasional pain in her right hand, and an absence of full function in her left hand. (R. 236). Dr. Karlsson observed "a Tinel sign along the course of the ulnar nerve near the wrist," "intact intrinsic function," "mildly positive Spurling test,"*fn4 and no changes in sensation with flexion compression test. (R. 237). He stated that Plaintiff "may have an overlay of cervical radiculopathy" in addition to prolonged healing of the ulnar nerve, but recommended observation only unless further problems arose. (Id.). Shortly thereafter, on December 11, 2006, Plaintiff called Dr. Karlsson because her neck and back pain were constantly at a level of 8 or 9 out of 10. Plaintiff reported taking only Lodine at that time, and Dr. Karlsson advised her to add Ultracet. (R. 236).
On December 15, 2006, Plaintiff saw Dr. Karlsson again for her upper shoulder and back pain, plus additional pain down the right leg and left arm. (R. 235). Plaintiff continued to exhibit motor strength of 5/5 to her lower extremities, symmetric reflexes and no gross loss to the upper extremities. She had some discomfort with a straight leg raise test on the right into the thigh, however, and pain between her shoulder blades. (R. 235-36). Dr. Karlsson ordered an MRI of the cervical spine, which Plaintiff had on December 21, 2006. The test was negative for disc herniation, and the left-sided neural foramina appeared patent. At the same time, there was "posterior lateral right sided spur which narrows the right sided neural foramina C3-C4 level." (R. 271-72). An MRI of the lumbar spine performed the same day showed multilevel small disc bulges but no herniation. The test further revealed "mild right sided neural foraminal narrowing at the L5-S1 level secondary to far lateral disc bulging." (R. 300-01, 323-24).
Dr. Karlsson reviewed the MRI results with Plaintiff on December 29, 2006. He noted "some slight neuroforaminal narrowing" at L5-S1 and "mild narrowing" at C3-C4, but "[n]o severe changes." (R. 235). On physical examination, Plaintiff exhibited motor strength of 5/5, full sensation, symmetric reflexes and negative straight leg raise signs. Dr. Karlsson determined that in the absence of evidence of severe disc herniations or bulges, Plaintiff's treatment should focus on pain management. (Id.).
3. Continued Treatment for Elbow, Back and Neck Pain (Drs. Cavalenes, DePhillips and Chami)
On January 4, 2007, Plaintiff started seeing Dr. Mark P. Cavalenes of Community Orthopedics. Her "biggest problem" at that time was low back and left elbow pain, though she also complained of residual numbness in three fingers of her left hand. (R. 298). Dr. Cavalenes diagnosed pain syndrome, arthritis of the elbow, fibromyalgia, and status-post bilateral carpal tunnel syndrome and ulnar nerve transpositions. He recommended a short course of cortisone, with an injection to her elbow. (R. 297). One week later, on January 11, 2007, Plaintiff's back was not any better and she could barely flex to mid-calf. Her left arm and elbow were 25% to 30% better, however, and she had full range of motion from 0 to 140 degrees. (R. 296). Dr. Cavalenes observed that Plaintiff's grip strength in her left hand was actually stronger, she had full wrist flexion-extension, and supination-pronation was 90/90 without any discomfort. He gave Plaintiff another elbow injection and recommended observation. (Id.).
By January 25, 2007, Plaintiff's elbow discomfort was no better. Dr. Cavalenes diagnosed "[r]esolving elbow arthritis and persistent lateral epicondylitis [inflammation of a rounded projection at the end of a bone]," and gave her another cortisone injection. (R. 294). Plaintiff's elbow pain returned on February 8, 2007, and this time Dr. Cavalenes diagnosed hypersensitivity secondary to inflammation in the elbow, chronic pain syndrome, and "[l]ateral epicondylitis, resolving, left arm." (R. 291). Plaintiff received another injection in her elbow, and Dr. Cavalenes referred her to Dr. George E. DePhillips for a neurosurgical consultation. (R. 291, 463). On February 12, 2007, Dr. DePhillips opined that Plaintiff had degenerative disc disease at multiple levels of her spine as well as inflammation, and stated that her only option was epidural steroid injections. (R. 463).
When Plaintiff saw Dr. Cavalenes again on February 22, 2007, her right arm was 20% better, and she had full range of motion from 0 to 140 degrees with only mild discomfort with the last 20 degrees of flexion, as well as full pronation and supination of 90/90. Dr. Cavalenes diagnosed "[p]ain syndrome resolving inflammatory process secondary to nerve transposition both elbows more on the left than the right." (R. 288).
The next day, on February 23, 2007, Plaintiff started seeing Dr. Antoine Chami of Pain Care Specialists, L.L.C., for help with her back and neck pain. Dr. Chami found that Plaintiff's lower back was nontender to palpation, but she had "significant decrease in range of motion to extension at less than 10 degrees and forward flexion at approximately 30 to 45 degrees." Left-sided flexion elicited mid low back pain, right-sided flexion caused radiating pain into the right buttock, and Plaintiff exhibited an antalgic gait favoring the right side. (R. 310). A straight leg raise test was positive bilaterally at 45 degrees on the left with mid low back pain, and 30 to 45 degrees on the right with radiating pain in the right buttock and hip. Plaintiff could elevate on her heels and toes without limitation, however, and had full motor strength of 5/5, intact sensation "in all the major dermatomes of the lower extremity," and deep tendon reflexes of 2 (normal) on both sides. (R. 311). Dr. Chami diagnosed degenerative disc disease and lumbosacral radiculopathy, and proceeded with a trial of selective nerve root injections at L5-S1. (R. 308-09, 311).
Plaintiff went for a follow-up visit with Dr. DePhillips on March 14, 2007. She reported that her last steroid injection did not relieve her lower back pain, which she described as a level 7 to 8 out of 10, and she complained of neck and interscapular pain and pain radiating into both upper extremities. Her leg pain had improved significantly, however, and she planned to start physical therapy for her neck pain and degenerative cervical disc disease. Although he had only seen Plaintiff once before, Dr. DePhillips opined that she was "not capable of gainful employment and is permanently disabled." (R. 462).
Plaintiff began physical therapy with ATI on March 20, 2007, but was ultimately discharged on June 28, 2007 because she was not progressing. (R. 471-75). In the meantime, on March 22, 2007, Plaintiff returned to Dr. Cavalenes and reported continued discomfort in her left arm, a "little" discomfort in her right arm, but no forearm pain. She also complained of "some pain and stiffness in her hand," which Dr. Cavalenes believed was "more just inflammation." Dr. Cavalenes found moderate tenderness over the medial epicondyle on the left, mild tenderness on the right, and slight tenderness over the left lateral epicondyle. He diagnosed painful ulnar nerve transposition and suggested Plaintiff try Lyrica to help with the pain. (R. 367).
On April 6, 2007, Dr. Chami administered additional nerve root injections. (R. 306-07). Less than two weeks later, on April 19, 2007, Plaintiff told Dr. Cavalenes that her pain was 40% better overall, but she had started having increased pain in her right shoulder. Dr. Cavalenes determined that Plaintiff had moderate to severe tenderness in the trapezius (shoulder), levator scapular (neck), and rhomboid (back) muscles. He instructed her to continue taking Lyrica and return in six weeks. (R. 365).
Plaintiff saw Dr. DePhillips on May 7, 2007, complaining of lower back pain radiating into the right posterior thigh to the knee. She described the pain as a level of 7 to 8 out of 10 notwithstanding her February 2007 steroid injections. Dr. DePhillips noted that Plaintiff complained of neck pain, headaches and numbness in both upper extremities, and that she was undergoing physical therapy. He recommended that she consult with Dr. Glock*fn5 regarding lumbar disc decompression treatments, and have another epidural cervical steroid injection for her neck pain. (R. 461, 492). Dr. Chami administered the cervical intra-laminar epidural steroid injection on May 18, 2007. (R. 389-90).
On May 24, 2007, Plaintiff presented to Dr. Cavalenes with increased discomfort in her elbow, explaining that she was taking Lyrica less frequently. Dr. Cavalenes found continuing tenderness over the left medial epicondyle, the right carpometacarpal joint, and the flexor tendons volarly at the metacarpophalangeal joint of the long and ring fingers. He diagnosed diffuse inflammatory process and told Plaintiff to start taking Lyrica three times a day again. (R. 363). Shortly thereafter on June 6, 2007, Plaintiff complained to Dr. DePhillips that she was still experiencing neck pain, headaches, bilateral shoulder pain that was worse on the right side, and interscapular pain. Dr. DePhillips recommended an MRI of the thoracic spine plus additional epidural and trigger point injections. (R. 461, 491).
Dr. Chami administered another cervical intra-laminar epidural injection on June 14, 2007. (R. 384-85). Plaintiff's June 28, 2007 MRI was negative for disc herniation, but at an appointment on July 2, 2007, Dr. DePhillips said that it showed disc degeneration at the T7-T8 and T8-T9 levels. He explained to Plaintiff that surgery was "definitely a last resort," and recommended that she "begin treatment" with Dr. Glock though, as noted, he had relocated his practice and had stopped seeing Plaintiff in August 2005. (R. 461, 584).
4. Treatment for Back and Neck Pain (Dr. Patel)
On March 4, 2008, Plaintiff started seeing Dr. Udit Patel at the Pain & Spine Institute. She complained of chronic pain primarily in the mid cervical and lumbar spine, radiating to both shoulders and upper arms, as well as the right buttock, right posterior thigh, right calf and right foot. Plaintiff described the pain as constant and moderate in intensity, with an aching, burning and stabbing sensation. She also noted some numbness and weakness in her legs. Dr. Patel found Plaintiff to have "back pain (chronic), joint stiffness and myalgias [muscle pains]," and paresthesia (numbness or tingling) in the right lower extremity. (R. 522). He diagnosed low back pain, lumbar radiculopathy and spinal osteoarthritis, and worked to streamline her medications. In addition to Lyrica, Dr. Patel prescribed the long-acting narcotic Avinza (morphine), along with Cymbalta and Norco. (R. 523).
Over the course of the next year, Dr. Patel performed a series of Diagnostic Medial Nerve Branch Blocks ("DMBB") and Radiofrequency Ablations ("RFA")*fn6 on Plaintiff's right and left lumbar and thoracic spine. A right-sided lumbar DMBB at L2-L5 on March 12, 2008 provided relief, so Dr. Patel administered the same treatment to the left side on March 18, 2008. (R. 525-30). Plaintiff again reported mild pain relief so Dr. Patel performed a right-sided lumbar RFA at L2-L5 on April 2, 2008. (R. 531-33). By April 18, 2008, Plaintiff's right side had improved by about 30%, and Dr. Patel performed a left-sided lumbar RFA at L2-L5 that day. (R. 534-36). At a follow-up visit on May 2, 2008, Plaintiff reported "some relief of the pain on the left side with minor relief on the right side." (R. 537-38).
On May 16, 2008, Plaintiff told Dr. Patel that she "now feels that the right lumbar side has significantly improved in terms of pain." (R. 539). The left side had also improved but still had "some way to go." Dr. Patel performed a right-sided thoracic DMBB at T8-T11, followed on May 28, 2008 by a right-sided thoracic DMBB at T1-T4. (R. 539-43). Plaintiff was still complaining of some significant upper back pain on June 3, 2008, though she reported being "overall ok." She had a right-sided thoracic RFA at T1-T4 at that time. (R. 544-46).
Plaintiff next saw Dr. Patel on August 6, 2008 when she reported continuing middle back pain. (R. 547-48). On August 13, 2008, she had a right-sided thoracic DMBB at T1-T5. (R. 549-51). Shortly thereafter on August 21, 2008, Plaintiff had an electrodiagnostic nerve study ("EMG"). The test showed very severe impairment () of the left axillary nerve, marked impairment () of the left ulnar nerve, and mild impairment () of the right radial nerve. (R. 552, 581). Also on August 21, 2008, Dr. Patel performed a left-sided thoracic RFA at T1-T5. (R. 553-55). At a follow-up visit on September 8, 2008, Plaintiff stated that her upper thoracic spine had improved and she had "complete resolution of the pinching feeling in her base of neck." She felt that her lower back, however, was "starting to act up again." (R. 556-57). On October 10, 2008, Dr. Patel performed a right-sided lumbar DMBB at L2-L5. (R. 558-60). He followed this with a left-sided thoracic DMBB at T9-T12 on October 15, 2008. At that time, Plaintiff's main complaint was left lower thoracic pain and right lower lumbar pain. (R. 561-63).
Plaintiff achieved relief from the thoracic DMBB but told Dr. Patel on November 10, 2008 that she was experiencing some arthritic-type pain in her wrists, fingers, knees and ankles. (R. 564-65). Nine days later, on November 19, 2008, Dr. Patel performed a right-sided lumbar RFA at L2-L5. (R. 566-68). On January 13, 2009, Plaintiff reported "good relief on the right lumbar levels," and stated that her lower back was "stable." Plaintiff's primary complaint was moderate, constant, aching neck and lower back pain causing headaches, neck stiffness and left upper extremity paresthesia. (R. 569-70). Three days later, on January 16, 2009, Dr. Patel performed a left-sided thoracic RFA at T9-T12. (R. 571-73). The RFA provided good relief of Plaintiff's back pain in the thoracic area, but she still complained of right-sided back and neck pain. (R. 574-75). On February 20, 2009, Plaintiff had a right-sided thoracic RFA at T8-T11. (R. 576-78). Her back pain was better by March 4, 2009, but she reported increased pain over the neck area. (R. 579-80).
Plaintiff's last treatment records consist of MRIs of the cervical and lumbar spine taken on May 14, 2009. The cervical MRI showed a small right paracentral disc protrusion at C3-C4 that "minimally effaces the right lateral aspect of the thecal sac but does not cause significant central canal stenosis." There was moderate right-sided neural foraminal narrowing at C3-C4, but the left neural foramen was "widely patent." (R. 608-09). The lumbar MRI showed diffuse changes of degenerative disc disease and focal disc protrusions throughout the lumbar spine. Plaintiff had a "mild degree of central canal stenosis" in the "upper to mid lumbar segments," as well as varying degrees of neural foraminal stenosis from L1-L5/S1. The stenosis was most severe on the right side at L5-S1 where "moderate right-sided neural foraminal narrowing is present." The radiologist recommended "[c]orrelation with a dermatome of [Plaintiff's] pain." (R. 610-11).
5. State Agency Assessments
On April 23, 2007, Dr. Francis Vincent performed a Physical Residual Functional Capacity Assessment of Plaintiff for the Bureau of Disability Determination Services ("DDS") in connection with her March 8, 2007 application for disability benefits. (R. 344-51). Dr. Vincent found that Plaintiff could occasionally lift and/or carry 20 pounds, 14 frequently lift and/or carry 10 pounds, sit, stand and/or walk for 6 hours in an 8-hour workday, and push and/or pull without limitation. (R. 345). He assessed no postural or manipulative limitations, noting that Plaintiff "has pain but [is] able to do fine and gross manipulations." (R. 346-47). Dr. Richard Bilinsky affirmed Dr. Vincent's assessment on July 27, 2007. (R. 496-98).
B. Plaintiff's Testimony
At the March 18, 2009 hearing, Plaintiff testified that she cannot work because of daily pain in her arms, hands, shoulders, neck, back, legs and feet. She has difficulty getting out of bed in the morning due to pain and stiffness, and her mother comes over to help with the housework and cooking three days a week. Plaintiff buys ingredients pre-cut and has to sit at a table to prepare her meals. In addition, she can only vacuum for five or ten minutes with breaks. (R. 36, 40, 49).
On a typical day when her mother does not come over to help, Plaintiff sits, walks around, uses cold packs, watches television, folds laundry for about 10 minutes, and makes a simple dinner such as spaghetti and meat sauce. (R. 47-48). Sitting for more than 15 or 20 minutes at a time is difficult because her back starts aching, and she periodically needs to stand up and move around to avoid getting stiff. (R. 36, 41). By way of example, Plaintiff testified that after sitting in the car for 35 minutes to drive to the hearing, her mother had to help her get her right leg out of the vehicle because she was so stiff and weak from the pain that she could not move it. (R. 41-43, 45). Her husband has to bathe the children, and she cannot reach above or too far in front due to pain. (R. 37). She does drive about a block and a half twice a day, three times per week, however, to take her kids to and from school. (R. 35, 47).
With respect to her medical treatment, Plaintiff testified that the DMBB and RFA treatments were not helping much, so Dr. Patel referred her to a rheumatologist in October 2008. (R. 38). She had not yet seen the rheumatologist, however, because of difficulties scheduling an appointment. (R. 55-57). Plaintiff agreed that her back was better, but stated that she had increased neck pain and had not yet received any related neck procedures from Dr. Patel. (R. 39). She also stated that Dr. Cavalenes and Dr. Patel had both told her that she has fibromyalgia. (R. 52-54).
Plaintiff does not think that she could work at a consistent pace throughout the day because of arthritis in her hands and difficulty turning and bending her neck. (R. 50-51). In addition, she has memory problems, and her medications make her drowsy so that she dozes off during the day when the kids are not home. (R. 41, 48-49).
C. Vocational Expert Testimony
Mr. Mendrick testified at the hearing as a VE. He said that general manager positions are usually considered light work, but that Plaintiff had performed her past job at a medium and skilled level. (R. 59). The ALJ asked the VE to consider a hypothetical person of Plaintiff's age, education and work history, who: could perform sedentary work, including lifting up to 10 pounds, standing and walking up to two hours in short periods of time, and sitting for 6 hours in an 8-hour workday; needed to sit and stand at will; and could not engage in any overhead reaching. (R. 61). The VE testified that such an individual could work as a cashier (4,000 jobs), inspector (1,200 jobs) or hand packer/sorter (1,500 jobs). (R. 60, 62). He acknowledged that the Dictionary of Occupational Titles ("DOT") characterizes cashier work as light based on the requirements at large supermarkets, but he explained that in his experience, smaller establishments such as restaurants, privately-owned operations and racetracks allow cashiers to be seated. (R. 62, 64-65).
The ALJ next asked the VE to consider the same hypothetical individual who could also engage in frequent but not constant fingering and handling. The VE testified that such a person could perform the same jobs listed previously. If, however, the person could finger and handle only occasionally, then less than three percent of the stated jobs would remain available. (R. 62-63). There also would be no jobs available to a person who missed work more than seven days a year. (R. 63).
In response to questions from Plaintiff's attorney, the VE stated that employees cannot have two extra breaks during the day in addition to a regular morning, lunch and afternoon break. (R. 66). Employees are also expected to achieve a certain level of productivity, and will not be able to hold a job if they fall below that level because pain or some other factor takes them off task. (R. 67-70).
D. The ALJ's Decision
The ALJ found that Plaintiff's "status post carpal tunnel syndrome surgery and cubital tunnel syndrome," degenerative disc disease, possible fibromyalgia, and obesity are all severe impairments, but that they do not alone or in combination meet or equal those listed in the Social Security Regulations. (R. 18). The ALJ determined that Plaintiff cannot perform her past work as a general manager, but found that she retains the residual functional capacity ("RFC") for unskilled, sedentary work that allows her to sit/stand at will, requires only occasional overhead reaching, and limits her to frequent but not constant handling and fingering. (R. 19, 23-24).
In reaching this conclusion, the ALJ discussed in detail the medical evidence and found that it did not fully support Plaintiff's allegations of disabling pain. The ALJ noted, for example, that despite complaints of hand pain and weakness, "the focus of [Plaintiff's] subsequent medical care [following carpal and cubital tunnel surgery] is related to non-specific pain allegations in the neck, low back and mid back." (R. 22). In that regard, the ALJ found it significant that MRI studies showed only "small," "mild," or at most "moderate" abnormalities that did not necessitate surgical intervention. (R. 20-22). In addition, clinical examinations consistently showed "normal strength, sensation, reflexes, and negative straight leg rising." (R. 22). The ALJ recognized that objective abnormalities are not always present with a diagnosis of fibromyalgia, but found no record evidence of any tender points typically associated with that impairment. (Id.).
As for Plaintiff's multiple injections, the ALJ stated that medical records indicate the treatment provided some benefit, but agreed that the "intensity of management lends support to [Plaintiff's] allegations" of continuing pain. The ALJ also noted that Plaintiff takes a variety of medications, including extended-release narcotics "with a likely sedating effect," and has consistently sought pain treatment. Based on those findings, the ALJ limited Plaintiff to sedentary, unskilled work that "involves little judgment to do simple tasks that can be learned on the job in a short period of time." (Id.). The ALJ accepted that Plaintiff has "slight residuals" from the carpal tunnel surgery, but stressed that the emphasis of her treatment focused on other pain complaints. The ALJ thus concluded that Plaintiff is capable of "frequent (but not constant) handling and fingering." (Id.).
The ALJ factored Plaintiff's limited activities of daily living into the sedentary RFC, but found her testimony "extreme and perhaps overstated" in light of the objective medical evidence. In particular, the ALJ was not persuaded that Plaintiff could not move her legs after riding in a car for 35 minutes on the way to the hearing, as "objective examinations document no lower extremity weakness." (R. 23). The ALJ acknowledged that Plaintiff's good work history bolstered her credibility, but also stressed that she stopped working because her position was eliminated and not due to her impairments. The ALJ further noted that the steroid injections "are providing some benefit," and that Plaintiff's "allegations lack overall consistency, as the location of her pain changes over time." In addition, Plaintiff was involved in a workers' compensation claim "which may well have detracted from her motivation to work." (Id.).
The ALJ agreed with the VE that Plaintiff can work as a cashier (4,000 jobs), inspector (1,200 jobs) or hand laborer/sorter (1,500 jobs). (R. 24). The ALJ expressly noted that the DOT classifies cashier jobs as light work, but she accepted the VE's explanation that employees may sit down in many establishments other than large supermarkets. (R. 23-24). As a result, the ALJ concluded that Plaintiff is not disabled within the meaning of the Act. (R. 24).
A. Standard of Review
Judicial review of the Commissioner's final decision is authorized by § 405(g) of the Social Security Act. See 42 U.S.C. § 405(g). In reviewing this decision, the court may not engage in its own analysis of whether Plaintiff is severely impaired as defined by the Social Security Regulations. Young v. Barnhart, 362 F.3d 995, 1001 (7th Cir. 2004) (citation omitted). Nor may it "displace the ALJ's judgment by reconsidering facts or evidence or making credibility determinations." Skinner v. Astrue, 478 F.3d 836, 841 (7th Cir. 2007).
The court's task is to determine whether the ALJ's decision is supported by substantial evidence, which is "'such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.'" Schmidt v. Astrue, 496 F.3d 833, 841 (7th Cir. 2007) (quoting Barnett v. Barnhart, 381 F.3d 664, 668 (7th Cir. 2004)). In making this determination, the court must "look to whether the ALJ built an 'accurate and logical bridge' from the evidence to [his] conclusion that the claimant is not disabled." Simila v. Astrue, 573 F.3d 503, 513 (7th Cir. 2009) (quoting Craft v. Astrue, 539 F.3d 668, 673 (7th Cir. 2008)). Where the Commissioner's decision "'lacks evidentiary support or is so poorly articulated as to prevent meaningful review,' a remand is required." Hopgood ex rel. L.G. v. Astrue, 578 F.3d 696, 698 (7th Cir. 2009) (quoting Steele v. Barnhart, 290 F.3d 936, 940 (7th Cir. 2002)).
B. Five-Step Inquiry
To recover DIB under Title II of the Social Security Act, a claimant must establish that she is disabled within the meaning of the Act. 42 U.S.C. § 423(d); Crawford v. Astrue, 633 F. Supp. 2d 618, 630 (N.D. Ill. 2009). A person is disabled if she is unable to perform "any substantial gainful activity by reason of a medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months." Id.; Strocchia v. Astrue, No. 08 C 2017, 2009 WL 2992549, at *14 (N.D. Ill. Sept. 16, 2009). In determining whether a claimant suffers from a disability, the ALJ conducts a standard five-step inquiry:
(1) Is the claimant presently unemployed? (2) Is the claimant's impairment severe? (3) Does the impairment meet or equal one of a list of specific impairments enumerated in the regulations? (4) Is the claimant unable to perform her former occupation? and (5) Is the claimant unable to perform any other work? See 20 C.F.R. §§ 404.1520, 416.920; Clifford v. Apfel, 227 F.3d 863, 868 (7th Cir. 2000).
C. Analysis
Plaintiff argues that the ALJ's decision must be reversed because she erred in finding Plaintiff capable of frequent handling and fingering. Plaintiff also claims that the ALJ's credibility determination is not supported by substantial evidence, and that she improperly relied on the VE's testimony regarding available jobs. As explained below, the Court does not find any of these arguments persuasive.
1. The RFC Assessment
Plaintiff first objects that there is no objective medical support for the ALJ's conclusion that she is capable of frequent handling and fingering. Plaintiff focuses primarily on Dr. Coe's April 4, 2006 workers' compensation examination and report, which recounted her history of carpal and cubital tunnel surgeries, and documented "associated decreased range of motion of the left wrist in extension, [and] radial and ulnar deviation with a mild irritation of the median nerve continuing at the left wrist and hand." (R. 604). Dr. Coe also found that Plaintiff had "tingling dysesthesia on the flexor surface of the left first through fifth fingers." (R. 603). Plaintiff claims that the ALJ failed to explain how this evidence translates into an ability to frequently finger and handle. (Doc. 28-1, at 9). The Court disagrees.
As Plaintiff concedes, the ALJ expressly discussed Dr. Coe's report that Plaintiff had "decreased range of motion in the left wrist, and 'mild' evidence of continued nerve irritation." (R. 20). The ALJ also noted, however, that most of Plaintiff's medical care after April 2006 focused on back and neck pain. (R. 22). Significantly, Plaintiff's own hand surgeon, Dr. Murphy, released her to "full duties at work" in February 2006. (R. 20, 238). On November 27, 2006, Plaintiff did complain to Dr. Karlsson of occasional pain in her right hand, and an absence of full function in her left hand. (R. 20, 236). Dr. Karlsson observed a Tinel's sign reflecting irritation "along the course of the ulnar nerve near the wrist" and a "mildly positive" Spurling test, but "intact intrinsic function" and no changes in sensation with flexion compression test. (R. 237). Dr. Karlsson recommended observation only unless further problems arose, and there is no evidence that Plaintiff sought additional hand treatment from him or any other doctor. (Id.).
In addition, in April 2007, more than a year after Dr. Coe examined Plaintiff, Dr. Vincent found that she "has pain but [is] able to do fine and gross manipulations" without limitation, an assessment affirmed by Dr. Bilinsky in July 2007. (R. 21, 347). Plaintiff points to no other treating or consulting physician who imposed greater limitations on her hand movements.*fn7 See Compean v. Astrue, No. 09 C 5835, 2011 WL 1158191, at *8 (N.D. Ill. Mar. 28, 2011) (citing Rice v. Barnhart, 384 F.3d 363, 370 (7th Cir. 2004)) (the ALJ "was entitled to rely upon the opinion of the state agency physician, particularly where no physician imposed any greater functional limitations than those found by the ALJ in her RFC determination.")
Plaintiff claims that the opinions of Dr. Vincent and Dr. Bilinsky do not in fact support the ALJ's RFC. (Doc. 28-1, at 8 n.4). It appears that Plaintiff takes issue with the fact that rather than simply adopting the state agency medical opinions, the ALJ went a step further in her analysis and accepted that Plaintiff "did periodically report problems with her hands" following her various surgeries. As a result, the ALJ determined that Plaintiff can engage in only frequent, and not constant handling and fingering. (R. 22). Plaintiff is correct that this is more restrictive than the state agency consultants' findings of no manipulative limitations whatsoever, but the ALJ fairly credited Plaintiff's testimony in that regard and modified the RFC assessment accordingly. See, e.g., Castile v. Astrue, 617 F.3d 923, 929 (7th Cir. 2010) (finding no error where "[i]t was because of and not in spite of [the claimant's] testimony that the ALJ limited her to a more restrictive residual functional capacity finding than any physician on the record.")
Plaintiff also argues that the ALJ failed to consider her "tingling dysesthesia," which she claims adversely impacts her ability to engage in hand manipulations. (Doc. 28-1, at 9). As noted, however, the ALJ did mention Dr. Coe's evaluation and Plaintiff's continued complaints of hand problems following the surgeries. The mere fact that the ALJ did not include the phrase "tingling dysesthesia" does not mean that the decision lacks an adequate discussion of the hand issue. See Campbell v. Astrue, 627 F.3d 299, 306 (7th Cir. 2010) ("A decision denying benefits need not discuss every piece of evidence.")
In a footnote, Plaintiff finally claims, without elaboration, that her August 2008 EMG findings "tend to substantiate greater limitations on handling/fingering than recognized by the ALJ." (Doc. 28-1, at 14 n.6). The ALJ did not discuss these test results, a matter the Court addresses below. In any event, the EMG was administered by Dr. Patel, who was not treating Plaintiff for hand problems and did not diagnose any hand limitations based on the test results. In addition, Plaintiff never sought additional hand treatment after August 2008, nor did Dr. Patel recommend any. Plaintiff cites no medical authority for her theory that the EMG results limit her to less than frequent handling and fingering, and her conclusory footnote is not persuasive. See United States v. Berkowitz, 927 F.2d 1376, 1384 (7th Cir. 1991) ("[P]erfunctory and undeveloped arguments, and arguments that are unsupported by pertinent authority, are waived."); Moss v. Astrue, No. 09-1196, 2010 WL 2572040, at *5 (C.D. Ill. June 22, 2010). The Court finds nothing improper about the ALJ's determination that Plaintiff can frequently but not constantly handle and finger, and will not remand the case on that basis.
2. Plaintiff's Credibility
Plaintiff next argues that the ALJ erred in finding that her testimony regarding the limiting effects of her symptoms was not fully credible. In assessing a claimant's credibility, an ALJ must first determine whether the symptoms are supported by medical evidence. See SSR 96-7p, at 2; Arnold v. Barnhart, 473 F.3d 816, 822 (7th Cir. 2007). If not, SSR 96-7p requires the ALJ to consider "the entire case record, including the objective medical evidence, the individual's own statements about symptoms, statements and other information provided by treating or examining physicians or psychologists and other persons about the symptoms and how they affect the individual, and other relevant evidence in the case record." Id. (quoting Carradine v. Barnhart, 360 F.3d 751, 775 (7th Cir. 2004)). See also 20 C.F.R. § 404.1529. Because hearing officers are in the best position to evaluate a witness's credibility, their assessment should be reversed only if "patently wrong." Simila, 573 F.3d at 517; Elder v. Astrue, 529 F.3d 408, 413-14 (7th Cir. 2008).
In this case, the ALJ found that Plaintiff's reported pain level was not supported by the objective medical evidence. For example, the December 2006 MRIs showed no disc herniation, and only "small" multilevel bulges and "mild" neural foraminal narrowing in the lumbar spine. (R. 20). A June 28, 2007 MRI was similarly negative for disc herniation, and May 14, 2009 MRIs showed a "small" disc protrusion at C3-C4, "minimal[]" effacement of the right lateral aspect of the thecal sac, no significant central canal stenosis, diffuse degenerative disc changes and protrusions, and a "mild degree" of central canal stenosis.
(R. 21-22). The ALJ acknowledged that one of the May 2009 MRIs also showed "moderate" right-sided neural foraminal narrowing at C3-C4, but noted that Plaintiff's physicians did not view this or the other findings as necessitating surgical intervention. (R. 22). The ALJ further observed that clinical examinations consistently showed "no significant abnormalities," including "normal strength, sensation, reflexes, and negative straight leg rising." (R. 22, 235-37, 311). With respect to Plaintiff's possible fibromyalgia diagnosis, moreover, the ALJ found no characteristic tender points to support Plaintiff's pain allegations. (R. 22).
Plaintiff first claims that the ALJ improperly omitted any reference to her August 21, 2008 nerve conduction study ("EMG") showing very severe impairment of the left axillary nerve and marked impairment of the left ulnar nerve in the left arm, and mild impairment of the right radial nerve in the right arm. (R. 581). Defendant concedes the point, but argues that any error in that regard is harmless. See Keys v. Barnhart, 347 F.3d 990, 994 (7th Cir. 2003) ("[T]he doctrine of harmless error . . . is fully applicable to judicial review of administrative decisions."); Scott v. Astrue, 730 F. Supp. 2d 918, 935 (C.D. Ill. 2010) ("Harmless errors are those that do not affect the ALJ's determination that a claimant is not entitled to benefits.") Defendant stresses that the ALJ did discuss the treatment administered by Dr. Patel, who ordered the EMG, and notes that Dr. Patel "did not change his treatment plan in response to the EMG results." (Doc. 32, at 12-13). Defendant also claims that the ALJ reduced Plaintiff's RFC based in part on Dr. Patel's treatment. (Id. at 13).
Plaintiff responds only that these constitute "post hoc rationalizations . . . and cannot cure errors of omission made by the ALJ." (Doc. 36-1, at 4). It is true that an ALJ cannot selectively discuss only evidence that favors his ultimate conclusion." Gfesser v. Astrue, No. 09 C 5151, 2010 WL 3385515, at *11 (N.D. Ill. Aug. 25, 2010) (citing Smith v. Apfel, 231 F.3d 433, 438 (7th Cir. 2000)). See also Myles v. Astrue, 582 F.3d 672, 678 (7th Cir. 2009) ("An ALJ may not selectively consider medical reports.") Here, however, the ALJ accepted that Plaintiff's documented abnormalities cause limitations that include her left arm. The ALJ restricted Plaintiff to only occasional overhead reaching and less than constant fingering and handling, and neither Dr. Patel nor any other physician indicated that Plaintiff is more limited based on the EMG results or otherwise.*fn8 Aside from stating that he "spent time . . . discuss[ing] the [EMG] results" with Plaintiff on August 21, 2008, Dr. Patel did not elaborate on those findings or recommend that she seek any additional care or evaluation. (R. 553). Nor did Dr. Patel factor the EMG results into his treatment plan, instead pursuing more DMBBs and RFAs as before. Plaintiff has not presented any evidence suggesting that the severe and marked findings in her left arm prove that she cannot perform the RFC set forth by the ALJ, or establish that her testimony deserved more credence.
In that regard, the ALJ looked beyond the medical evidence and considered a variety of other factors that weighed against Plaintiff's credibility. The ALJ stressed, for example, that Plaintiff stopped working because her position was eliminated and not due to her impairments, and noted her involvement in a workers' compensation claim "which may well have detracted from her motivation to work." (R. 23). The ALJ also found that Plaintiff "may be overstating her limitations" based on her testimony that she could not move her right leg after riding in the car for 35 minutes. As the ALJ explained, "objective examinations document no lower extremity weakness, [so] it is not clear why [Plaintiff] would be unable to move her legs." (Id.).
Plaintiff argues that she actually complained of stiffness in her right leg, not weakness, and claims that the ALJ made a mistaken medical assumption that only weakness could account for an inability to move that extremity. In fact, the ALJ accurately observed that none of Plaintiff's physicians documented symptoms that would account for the claimed loss of movement in her legs. (R. 45). Plaintiff's attorney mentioned paresthesia (numbness and tingling), but there is no medical evidence that Plaintiff was ever incapable of moving her legs due to this or any other condition. To the contrary, clinical examinations consistently showed "normal strength, sensation, reflexes, and negative straight leg rising." (R. 22). On these facts, the ALJ was not patently wrong in concluding that Plaintiff may have overstated her limitations regarding leg movement.
Castile, 617 F.3d at 929 ("[W]e give [an ALJ's] opinion a commonsensical reading rather than nitpicking at it.")
Nor did the ALJ improperly discount the severity of Plaintiff's hand problems. (Doc. 28-1, at 10-11). The ALJ discussed Plaintiff's hand surgeries, as well as Dr. Coe's report that Plaintiff had "decreased range of motion in the left wrist, and 'mild' evidence of continued nerve irritation." (R. 20). As noted, however, the ALJ also observed that Dr. Murphy released Plaintiff to full work duties in February 2006, and Dr. Karlsson "recommended simple observation" in November 2006. (Id.). After that date, Plaintiff's complaints focused on "non-specific pain allegations in the neck, low back and mid back."
(R. 22). The ALJ recounted Plaintiff's testimony that she cannot use her hands due to pain and cramps, and needs assistance to open jars and packages. (R. 19). Yet both state agency medical consultants found Plaintiff capable of fine and gross manipulations in April and July 2007. (R. 21). On this record, the ALJ fairly considered the hand evidence in assessing Plaintiff's limitations and credibility.
Significantly, the ALJ identified several factors that supported Plaintiff's statements regarding pain and limitations, and considered them in determining her RFC. For example, the ALJ noted that Plaintiff has had a "fairly aggressive course of multiple injections" with Dr. Patel, takes "a variety of pain medications, including extended-release narcotics since 2008," and has "sought consistent treatment for pain, including the narcotics with a likely sedating effect." (R. 22). Plaintiff also reported extremely limited activities of daily living, and has a good work history.*fn9 (R. 23). The ALJ concluded that Plaintiff is thus limited to performing unskilled, sedentary work that "involves little judgment to do simple tasks that can be learned on the job in a short period of time." (R. 22).
Plaintiff objects that a limitation to unskilled work fails to account for the sedating effects of her narcotic medication. In Plaintiff's view, "the ALJ ignores the fact that even unskilled jobs require workers to be 'on-task' and to keep up with the job's production rate." (Doc. 28-1, at 11). The VE did testify that employees must maintain a certain level of productivity to avoid being terminated. The VE also said, however, that employers reduce expected work rates by 20% to account for employee fatigue throughout the day. (R. 67-70). Here, Plaintiff has not identified a single physician who stated that her medications would cause her to be off-task at all, much less to a level below that required to maintain employment. Once again, "[i]t was because of and not in spite of [Plaintiff's] testimony that the ALJ limited her to a more restrictive residual functional capacity finding than any physician on the record." Castile, 617 F.3d at 929.
Plaintiff also claims that the ALJ erred by failing to explain why her "allegations lack overall consistency, as the location of her pain changes over time." (Doc. 28-1, at 12). The Court disagrees. The record reflects that throughout Plaintiff's treatment with Dr. Cavalenes, Dr. DePhillips, Dr. Chami and Dr. Patel, she reported receiving some benefit from each localized injection/procedure, after which the focus of her complaints moved to another area of her body. For example, when Plaintiff first saw Dr. Cavalenes in January 2007, her "biggest problem" was low back and left elbow pain. (R. 298). Following several injections and treatment with Lyrica, Plaintiff's pain was 40% better overall on April 19, 2007, but she started complaining of increased pain in her right shoulder. (R. 365). Plaintiff stopped seeing Dr. Cavalenes in May 2007, and she told Dr. Patel in March 2008 that she experienced pain primarily in the mid cervical and lumbar spine, radiating to both shoulders and upper arms. (R. 522). Following DMBB and RFA treatments, Plaintiff's lower back pain improved by May 2008, but she complained of upper back pain. In August 2008, the pain was in her middle back. (R. 539, 547). The ALJ discussed Plaintiff's treatment with these physicians, and was not patently wrong in finding an overall inconsistency in the location of Plaintiff's pain.
In sum, the ALJ's credibility determination is supported by substantial evidence, and does not provide a basis for reversal or remand.
3. The VE's Testimony
In a final effort to reverse the Commissioner's decision, Plaintiff argues that the VE's testimony does not support the ALJ's conclusion at step 5 of the analysis that there are significant jobs available to her in the national or regional economy. She notes, for example, that "if the limitation on handling/fingering was reduced from 'frequent' to 'occasional,' there would be less than 201 jobs remaining." (Doc. 28-1, at 14-15). As explained earlier, however, the ALJ's finding that Plaintiff can engage in frequent handling and fingering is supported by substantial evidence. The Court has also rejected Plaintiff's second argument that the sedating effects of her medications would prevent her from sustaining the production rate required for unskilled work.
Plaintiff's remaining claim is that the DOT contains no jobs that are both sedentary and unskilled. (Doc. 28-1, at 15). Her only support for this position is an argument made in her Memorandum in Support of Request for Review to the Appeals Council. (R. 227-30).
There Plaintiff contended, without citation, that "there are only twenty-five sedentary inspector [jobs] total, and each one of them has an SVP [specific vocational preparation] level of three or more," meaning they are at least semi-skilled. (R. 229). Defendant identified, as examples, two sedentary positions that are unskilled, including dowel inspector (DOT 669.687-014) and film touch-up inspector (DOT 726.684-050). (Doc. 32, at 14). A recent case also identified doll inspector as sedentary and unskilled. Ponton v. Commissioner of Social Sec., No. 08-2159, 2009 WL 2413927, at *2 (C.D. Ill. Aug. 4, 2009).
Plaintiff notes that the dowel inspector job has not been updated in the DOT since 1977, but she cites no authority suggesting that the position is no longer viable. (Doc. 39, at 3). Plaintiff also argues that the film touch-up inspector job requires constant reaching, handling and fingering. (Id.) (citing Selected Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles, at 203). Regardless, even if some of the inspector jobs do not conform to Plaintiff's RFC, the VE identified 4,000 cashier jobs and 1,500 hand packer/sorter jobs that Plaintiff can perform. This constitutes a substantial number of jobs and supports the ALJ's step 5 determination. See Coleman v. Astrue, 269 Fed. Appx. 596, 2008 WL 695045, at *5 (7th Cir. Mar. 14, 2008) (citing Lee v. Sullivan, 988 F.2d 789, 794 (7th Cir. 1993)) ("1,400 jobs falls within the parameters of a sufficiently significant occupational base.") See also Hastings v. Astrue, No. 08 C 5041, 2010 WL 1609963, at *9 (N.D. Ill. Apr. 16, 2010).
For the reasons stated above, Plaintiff's Motion for Summary Judgment [Doc. 27] is denied and Defendant's Motion for Summary Judgment [Doc. 31] is granted. The Clerk is directed to enter judgment in favor of Defendant.
SHEILA FINNEGAN United States Magistrate Judge
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text:
Gin Festival Birmingham 2016
Gin Festival Birmingham 2016, 2 septembre 2016 18:30, The Bond Company
Tickets go on sale at 10am Monday 9th May.
GinFestival.com Presents:
After the past 2 years of sold out success, GinFestival.com returns to the Birmingham for our late summer event, and we're bringing even more exclusive gins and even more producers. As seen on CBS News, The Metro and The Guardian. With the most gins and the most people we are the UK's largest gin event!
The Bond Company, 180-182 Fazeley St, Birmingham B5 5SE
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Saturday 3rd September: Evening Session 6.30pm – 11pm
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Sunday 4th September: Evening Session 5.30pm – 10.00pm

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I Don't Know What My Hair Color Is
Personal Stories, Advice, and Support 13 People
Not For 5 YearsIv Been Dying It Now For So Long That I Have Forgotten Completely???
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Why They Say I Am Blonde?It's so dark. Most probably brown. But maybe very dark blonde? If it was easilly identified blonde I would have known already.. In the past I was scared by the thought someone asking me, it's like they ask you your name and you don't know. Haha! Now I don't care.. I think in my...
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Local historian McKain recognized by WVU-P
PARKERSBURG – David McKain, local historian, author and director/curator of the Oil and Gas Museum and Henderson Hall Plantation, received an honorary degree from West Virginia University at Parkersburg.
The bachelor of arts degree was conferred on McKain during the school's fall commencement in December.
"I cannot think of anyone more deserving of such an honor as Dave," said WVU Parkersburg professor emeritus Bernard Allen.
"His contributions to the preservation of the history of the region that the college serves are legendary and cannot be exceeded. They more than likely will not be exceeded in the future. The establishment of the Oil and Gas Museum, the authorship of significant historical literature, and his on-going work at Henderson Hall comprise some of the evidence of his positive impact," Allen said.
McKain, with Allen, co-authored "Where it All Began," which challenged Pennsylvania's long-standing claim as the birthplace of the oil industry. The book chronicles the discovery of oil and gas and the development of the oil and gas industry in West Virginia and Southeastern Ohio from the mid-18th century.
The work looks at the political influence the industry leaders had on the creation of the state of West Virginia in the midst of the turmoil of the Civil War. The local historian also wrote "The Civil War and Northwestern Virginia."
He is president and owner of Acme Fishing Tool Co. and chairman of the Civil War Roundtable, which was involved with planning for the commemoration of the 150th anniversary of the Civil War.
McKain has been credited with the addition of the museum annex and visitors' center at the historic Rathbone Well at Burning Springs. He has spent time inventorying, documenting and verifying documents, furnishings and artwork at Henderson Hall Plantation in Williamstown.
McKain holds a bachelor's degree in Political Science and Economics from WVU and did master's degree coursework in management and economics at George Washington University.
He formerly was a civilian executive in the Office, Chief of Staff, U. S. Army, Pentagon, Washington, D.C., for 10 years before returning to his hometown of Parkersburg in 1970.
WVU Parkersburg's Fall 2013 graduating class included 261 candidates for graduation receiving approximately 294 degrees and certificates. Commencement speaker was Mike King, Camden Clark president and chief executive officer.


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Just installed windows 7 ultimate, clean install, on my Toshiba E15-av101. I'm trying to connect to the internet to update drivers but i can't get the notebook to connect to the internet. I've tried using a router, i've tried connecting directly thru my cable modem...I can't get anything. The device manager DOES pick up the network adapter. Anything help would be greatly appreciated.
Hello,the problem is from your Ethernet controller, the drivers is not installed and that's why your computer cannot connect to the internet.I am sure there are still some other components on your computer its drivers has not ... Toshiba QOSMIO E15-AV101 Notebook
I've got no sound from my HP Pavilion laptop - any ideas? Thanks.
Go to Control Panel>Device Manager to see if there are any yellow exclamation marks next to any devices. Also in Control Panel go to Sound or Audio Devices to see if there are any audio devices listed in Hardware. Without knowing which operating syst ... HP PC Desktops
Acer aspire 4730z vista driver for sm bus controller and pci data acquisition and signal processing signal
Hello! I had a similar problem: in the device manager, listed as 'other devices' there was a question mark next to 'PCI Data Acquisition and Signal Processing controller.' This is how I solved it:\015\012\015\012left-click 'start'\0 ... Acer PC Laptops
Crystal eye webcam
Using HP webcam in Quickplay software:1. Click on Start button, select All programs and click on Quickplay. 2. Within the Quickplay ... PC Laptops
Toshiba Satell T2080 Webcam(''Chicony USB 2.0 camera'')not working
With most laptops, being proprietary, there is a lot of installed software that you don't need. One good thing to do is go to "Add / Remove Programs" in the control panel, and remove any Toshiba software you don't need.\015\012\015\012Whi ... Toshiba Satellite A305-S6863 Laptop
Need Drivers for Sony Vaio Laptop
The question mark means that the driver for the component is not installed. Here is the driver page, download each driver and install them, \015\012\015\012 ... Sony VAIO VGN-FJ270/B Notebook
I had formated my e1501 lap and i installed the drivers found in dell site every thing is working fine but audio drivers dosen't function i had tried many driver found in web nothing is correct so plz help me to find the solution Sudhan [email protected]
Hi dart_kasinat, From time to time windows needs a more direct method when installing sound device software, this sounds like one of those times.\015\012You mentioned you installed the drivers found at Dell. Click on this Del ... Dell Inspiron 6400 Notebook
For about one week, when I try to listen to audio, no sound comes out of the laptop speakers so I tried external speakers but that did not work. I restored my system to a point well before the sound quit working but that did not help. Whe I go to control panel and look at sound/audio devices it says "no audio device". When I go to system in control panel and look at devices, it shows me a lot of stuff associated with sound and says they are all operating properly. Help!
Good day lxndrtg, Hi, Its really hard and difficult if you lost the CD driver for your ACER Aspire one, as I saw on your list of drivers, seems to me your missing the High Definition Audio Driver for your Realtek audio. you can get the complete drive ... Acer Aspire One PC Notebook
Need 2 drivers for Acer Aspire 5570Z notebook laptop
Hi thereGo here, select your operating system and then download the drivers you need:http://support.acer-euro.com/drivers/notebook/as_5570.htmlThanks for using Fixya!!!! ... Acer Aspire 5500 5570-2609 Laptop
I cannot browse the internet again with a LAN cable
Are you using windows xp or vista ? You will need to find out what drivers you need to download first, by going to your start button and right clicking on my computer, you then scroll down the properties... when you are at properties you can goto har ... Toshiba PC Laptops
Device Drivers Hello, After having to reformate and re-install XP on my Dell Inspiron laptop, I have a problem displayed on Device Manager, for the following controllers under OTHER Devices Multimedia Audio Controller Network Controller PCI Modem Video Controller (VGA Compatible) I think it needs drivers installed for all these. Can you please give me a link from where I can download these. If it is not a driver problem, then please help re-solve this with your expert advice Thanks
Hi axcel07,\015\012\015\012So you just did a reinstall of Windows XP on a Dell Inspiron 8600 laptop. You can actually download the drivers for you laptop at this location: ... Dell Inspiron 8600 Notebook
I can't get my Dell Optiplex GX270 to communicate with my modem
You might be lacking your System BUS and Chipset drivers. Your chipset controls your outbound hardwares (that includes Ethernet). If you still ever had your Resource CD, that may come in handy for your drivers are in there. If not, what you could do ... Dell OptiPlex GX270 PC Desktop
How can i install windows xp on compaq presario cq60-104tu
Windows XP does not provide drivers for all the SATA controllers, therefore, during the installation procedure, the user must insert a floppy with the drivers that came in the package along with the motherboard. Not a big deal, not much e ... Compaq Presario Notebook
Hi i need to download drivers so my laptop will go on the internet,, its under device manager , the following are have a yellow question mark, ethernet controller , mass storage controller , multimedia audio controller ,network controller , pci modem , video controller , video controller (vga compatible) i dont know how to fix the probablem
I need drivers for my toshiba satellite M55-S3512. other drivers i have found from the toshiba web site but only the given below drivers i could not find.\015\0121. Mass Storage Controller\015\0122. Video Controller\015\0123. Video ... Toshiba Satellite M55-S3512 Notebook
Gateway GT5228 - USB Ports & All-In-One Card Reader don't work...
It might be useful to know what USB controller you have on your motherboard. Internal card readers are usually connected to what we call a internal USB port which is a 9-pin connector on your motherboard. So it's connected to your USB controller as i ... Gateway GT5228 PC Desktop


text:
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text:
Operation Kilt
|"Operation Kilt"
|Dad's Army episode
|Episode no.
|Series Two
Episode 007
|Directed by
|David Croft [1]
|Story by
|Jimmy Perry and David Croft [1]
|Produced by
|David Croft [1]
|Original air date
|Saturday 1/3/69 7.00pm [1]
(recorded Sunday 13/10/68 [1])
|Running time
|30 minutes
Operation Kilt is an episode in the British comedy series Dad's Army which was originally transmitted on Saturday 1 March 1969.
The platoon have to defend the church hall from a platoon of Highlanders on an exercise.
Captain Mainwaring leads the platoon in required PT exercises, injuring himself in the process and being briefly interrupted by Mrs Pike, who brings a rifle bolt Private Pike left at home and that she cleaned in the sink. Captain Ogilvie of the Highland Unit then arrives to inform them that they are to participate in a training exercise where the Highlanders will attempt to capture the Platoon's headquarters, starting at 10pm tomorrow. A complicated system of paints will be used to mark the dead, wounded, captured and so on. Ogilvie is dismissive of the group's competency as soldiers and punches Pike in the stomach to test him - only to recoil in pain while Pike doesn't even flinch. After Ogilvie leaves, it turns out he punched Pike's rifle bolt (which he put down his vest earlier).
The platoon decide to sneak into the Highlanders' headquarters at a local farm to spy on them, so Private Walker and Private Frazer 'borrow' a pantomime cow costume. Mainwaring dismisses the idea, insisting it won't work, but Walker and Frazer decide to try anyway - only to return bruised and battered after running into a bull. Sergeant Wilson then suggests a Trojan Horse, with a haycart containing a platoon member being placed at the farm. After Pike turns out to have hayfever, Lance Corporal Jones acts as the spy and discovers that the Highlanders plan to start early and sneak through the woods to get to Walmington-on-Sea.
Early that night, Mainwaring leads the platoon in rigging all the paths through the woods with man traps inspired by a Tarzan film. Seven traps work, but when Jones goes to lead the last man in the eighth trap, he gets caught himself. As the platoon rescue him, they find themselves at the mercy of Captain Ogilvie, the last free member of the Highland Unit. Declaring that they are now all 'dead', Ogilvie goes to snatch their paint, only to blunder into the man trap. Mainwaring and Wilson are disgusted as they suddenly discover what Scotsmen REALLY wear under their kilts.
- Arthur Lowe as Captain Mainwaring
- John Le Mesurier as Sergeant Wilson
- Clive Dunn as Lance Corporal Jones
- John Laurie as Private Frazer
- James Beck as Private Walker
- Arnold Ridley as Private Godfrey
- Ian Lavender as Private Pike
- Janet Davies as Mrs Pike
- James Copeland as Captain Ogilvy
- Colin Daniels as Small Boy
- This episode was missing from the BBC's television archives for many years and was thought to be lost forever. However, in June 2001 this episode and The Battle of Godfrey's Cottage were returned to the BBC after almost 25 years. The containers that the episodes were held in were in poor condition and the film was badly deteriorated. However, following laborious work by BBC technicians, it was restored to an acceptable condition and re-transmitted.
Radio episode[edit]
|"Operation Kilt"
|Dad's Army episode
|Episode no.
|Series One
Episode 009
|Story by
|Harold Snoad and Michael Knowles [1]
|Produced by
|John Dyas
|Original air date
|Monday 25/3/74, 6.15pm [1]
(recorded Monday 23/7/73 [1])
|Running time
|30 minutes


text:
Thrifty Home Decorating
Personal Touches in Home Decorating
Do you need a hip space on a small budget? Apply creative imagination, the inspiration of modern design and your personal touch for effective decorative change. Give rooms a custom look, a stylish update and unique personality with a special budget. Fun decor accessories are inexpensive accents that expand elegance in room settings. These are personal touches such as:
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- Contemporary art objects
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Thrifty Home Gems
Use color to set an upbeat tone of style. Choose neutral, contrasting or bold trendy color shades as design inspiration. Make room spaces rich in personal style that is warm, inviting and modern in elegance. Spread the look of happy spaces in your rooms. Carry the theme of every day casual style as personal inspiration through affordable decorative gems.
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Make room for style with a tight decorating budget. Use creativity and imagination to design room environments for personal luxury. Uplift living spaces with new curtains, accent rugs and coordinating modern vases. Build a unique look that is affordable and precious in elegance. Decorate with cheap style that has a personal twist. Use inexpensive accent pillows for your sofa that have punchy, modern patterns. A mix of decorative dollar store dishes is great for a simple, exquisite table setting. Enrich your home from top to bottom with inspiring doses of elegance for inspired ambiance.
Love Your Surroundings
Personalize your home decor with a spin on modern style. Craft a pleasing decorative scheme that is economical and smart. Re-work your living spaces by changing colors from dark to light. Unify a modern look with matching finishes like wood, metal and glass.
Get organized with eye-catching, large baskets. De-clutter room areas to maximize space and gain access to decorative potential. A personalized approach to home decorating is exciting, fun and doable on a tight budget. Decorate with inexpensive home accessories in modern designs reflect your style and taste. They add a finishing touch and familiar comfort for your home.
Home decorating on a budget can be a fun chore or a big overwhelming drama. Let your personal style drive your energy and creative decorating ideas. Stretch your budget and manipulate it to make home spaces special and functional. Set the tone for inspirational decorating that is homey, eclectic and unique. Choose decor items that are budget-friendly, flexible and rich in stylish possibilities. A display of art objects from your travels, artwork that you create and hand-sewn pillows or curtains enhance a theme of personal treasures.
Dress your home interiors for simplicity or a re-designed scheme. Go space by space with personal decorating. Refer to inspiring designer homes for ideas on texture, finishes, room arrangements, layers and decorative details. Win with thrifty home decorating through confidence and determination. Creatively change home spaces for style that goes from dreary to dreamy with penny-wise decisions.
More by this Author
- 1
Image Source: www.davidsutherlandshowroom.com/photo/1367 If you always wanted to know how to decorate well, here's an opportunity. I'll cover some of the basics to use as your jump-off...
- 4
As a professional customer service representative, you always want to put your best foot forward. When communicating with customers, your attitude shows. With a warm and friendly smile, good eye contact and a...
Comments 2 comments
I had to read this and so agree...extra touches add so much. I am debating painting a few rooms and have to get in the paint mode. I love color around me...Great ideas here.going to pin.
Thrifty decorating is a fun process that gets your creative juices going. I love color also. It makes my day!


text: We stopped here for pizza the other weekend when we were in South Bend. The staff was super friendly. Unfortunately, the food was mediocre. We had both pizza and pepperoni sticks. No one cared for the sticks. The pizza was ok but nothing to write home about. My recommendation is to skip it.


text:
DALLAS - When the first shots rang out, Marcus Carter was standing on a downtown Dallas street corner. Beau Nazary was tending to customers in his family's Mediterranean restaurant.
JFK assassination memorial was a closed crime scene over the weekend
LOS ANGELES - When an active shooter alert spread across the UCLA campus Wednesday, some students found themselves in a frightening predicament: They were told to go into lockdown but couldn't lock their classroom doors.
HAVANA - Nearly twice as many Cuban migrants reached the U.S.
LOS ANGELES - Three people were stabbed Saturday, one critically, after a small group of Ku Klux Klan members staging an anti-immigrant rally in Southern California clashed with a larger gathering of counterprotesters, police said.
LOS ANGELES — The nation's two biggest school systems — New York City and Los Angeles — received threats Tuesday of a large-scale jihadi attack with guns and bombs, and LA reacted by shutting down the entire district, while New York dismissed the warning as an amateurish hoax and held class as usual.
LOS ANGELES — While much of the attention in the ongoing measles outbreak has focused on student vaccination requirements and exemptions, less attention has been paid to another group in the nation's classrooms: Teachers and staff members, who, by and large, are not required to be vaccinated.
LOS ANGELES — The gap in bachelor-degree attainment between the nation's richest and poorest students by age 24 has doubled during the last four decades, according to a report released Tuesday.
LOS ANGELES — A California man accused of abducting his four sons and engaging police in a highway standoff has been booked into jail for investigation of his wife's death as well as kidnapping.
Daniel Perez was booked Friday at the Montebello jail, about 15 miles east of Los Angeles.
The 43-year-old man's wife was found dead in the trunk of one of the family's vehicles on Wednesday. Her cause of death has not been released.
LOS ANGELES — Detectives continued searching overnight for a missing Southern California family as relatives pleaded for the couple's four young sons to be safely returned.
Montebello police Lt. Kelly Gordon says there was still no communication with the family early Thursday and the children's father Daniel Perez remains a person of interest.
Investigators found a car that belonged to the couple with the body of a dead woman in the trunk about a half-mile from their Montebello home Wednesday.
The woman has not been identified.
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The Westin San Francisco Market Street50 Third StreetSan Francisco, California USA415-974-6400
The Westin is conveniently located in the South of Market district, surrounded by premier shopping, dining, and attractions. The hotel is a short walk to scenic cable car trips to Chinatown, Fisherman's Wharf, the Ferry Building, and Union Square.
San Francisco International Airport (SFO) is about 13 miles south of the city. To get to downtown San Francisco from there, you can take public transportation, catch a shuttle, hail a taxi or drive yourself.
Oakland International Airport (OAK) is 25 miles from downtown San Francisco. It's served by a wide range of major airlines and partly because of its less-foggy location, experiences fewer flight delays. There are a number of shuttle services from Oakland to San Francisco.
San Jose International Airport (SJC) is about 60 miles south of San Francisco. Major carriers include, American, Alaska, United, Southwest, Continental, and TWA. Shuttle services are available to San Francisco and CalTrain is a low-cost transportation alternative. Free Aiport Flyer buses run regularly every 10-15 minutes between the airport and the nearest train station.
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Weekender: Iceland's Westfjords
I'm off for a week in the wilds of western Iceland: sea kayaking, glacier hiking, horseback riding, and getting lost in the middle of nowhere. So I'm loading up on outdoorsy gear and even though it's only going to be in the 50s, I'll need some some sun protection—Iceland's white nights mean it's bright almost 24 hours a day!
Clockwise from top left: Cutler and Gross aviator metal sunglasses, $500, net-a-porter.com; Eddie Bauer 1936 Skyliner Hunting Model Vest, $199, eddiebauer.com; J.Crew Keeper chambray shirt, $78, jcrew.com; Stanley Thermos with Carrier, $60, filson.com; American Apparel Winter Legging, $38, americanapparel.com; LL Bean women's Gore-Tex Cresta Hikers, $179, llbean.com
In Town:
Clockwise from top left: Stella McCartney chunky-knit wool beanie, $210, net-a-porter.com; J.Crew men's cashmere v-neck sweater, $225, jcrew.com; Bensimon Tennis Lacet Blanc, $55,bensimonusa.com; Burberry printed umbrella, $425, net-a-porter.com; Canada Goose Hybridge Lite Vest , $325, canada-goose.com; Marni mid-rise skinny jeans, $340, net-a-porter.com


text:
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decided: May 4, 1987.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLANTv.JAMES E. KENNEDY, APPELLEE
Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of Commonwealth of Pennsylvania v. James E. Kennedy, No. SA 866-1984.
Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Henry G. Barr, General Counsel, for appellant.
James E. Kennedy, Reale, Fossee & Ferry, P.C., for appellee.
Judges Craig and Doyle, and Senior Judge Narick, sitting as a panel of three. Opinion by Judge Doyle.
[ 105 Pa. Commw. Page 589]
The Department of Transportation, Bureau of Driver Licensing (Department) appeals from an order of the Court of Common Pleas of Allegheny County, which reversed the Department's decision to suspend James E. Kennedy's driver's license for one year pursuant to Section 1547(b) of the Vehicle Code (Code), 75 Pa. C.S. § 1547(b), because he refused to submit to a breathalyzer test. We affirm.
[ 105 Pa. Commw. Page 590]
The facts as found by the trial court are that on May 23, 1984, Kennedy was the operator of a vehicle involved in a two-vehicle collision resulting in personal injuries to himself and others, as well as property damage. Officer Michael Butya of the Robinson Township Police Department arrived at the scene and asked Kennedy if he had been drinking. Kennedy responded in the affirmative. Officer Butya then asked Kennedy if he would submit to a breathalyzer test and Kennedy responded that he would "think about it." Kennedy successfully performed some field sobriety tests and Officer Butya made observations of his eyes and speech and the smell of alcohol on his breath. Kennedy was cooperative. Due to Kennedy's complaints about neck pain, he was taken to Ohio Valley Hospital by an ambulance summoned by Officer Butya. Following completion of his investigation at the scene, Officer Butya went to the hospital and asked Kennedy to take a breathalyzer test. Kennedy refused, although he was properly instructed as to the consequences of such refusal. Kennedy was transported to another area hospital upon his request.
The Department sent a notice of suspension to Kennedy on June 12, 1984. The Court of Common Pleas of Allegheny County reversed this suspension on the ground that the Department failed to meet its burden of proving that Kennedy was under arrest for driving under the influence when he was asked to submit to the breathalyzer test. We are constrained to agree.
The Department has the burden of proving that a driver was placed under arrest for driving under the influence of alcohol. Gresh v. Department of Transportation, Bureau of Traffic Safety, 76 Pa. Commonwealth Ct. 483, 464 A.2d 619 (1983). The question of whether a driver has been placed under arrest for purposes of Section 1547(b)(1) of the Code refers to a factual situation,
[ 105 Pa. Commw. Page 591]
There being sufficient evidence to support the trial court's finding that there was no arrest, the order of the Court of Common Pleas of Allegheny County is affirmed.
Now, May 4, 1987, the order of the Court of Common Pleas of Allegheny County in the above-captioned matter, dated April 12, 1985, is hereby affirmed.
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Alley Oop by Jack and Carole Bender
- June 04, 2013
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Comments (19) (Please sign in to comment)
Now all of a sudden, they want a new type of government?
Good morning, Alleygators . . .
It looks like Guz is just asking for pain.
(If he expects Alley to bail him out of it, well . . . )
A new Arab Spring, Moo style?
A few years back, Guz and Umpa got tired of everyone wanting them to make all the decisions and abdicated.
After some guilt tripping by the citizenry, they resumed their duties. If they are going to be consistent, any move for a new form of government will be short-lived.
Down with the tyrants.
Things'a change.
Let's see. One foreigner comes into town and suggests that the government needs to be changed and now all of a sudden Alley and Foozy are advocating a total revision of the government? Give me a break! This is so re-darn-diculous!
Good Morning Benders and all. Foozie is right , one of the
constants of Life is change. Guz is riding on the fact that when he quit the last time, nobody wanted the job of king.
It was too complicated for anyone in Moo including Alley.
Far better would be be the king moderating a gathering of
voting Moovians. let them promote changes, discuss
the issue and ultimately vote on them. Sorta like some small towns in Vermont. The change in Moo if Doowee has
his way will probably be a buildup of a civilian police force,
to enforce his rules. This would cause cause a split with
part of the people leaving. Keep Doowee in the pit!
Will it change
That may be
We'll just have
To wait and see.
King Guzzle's rule, over it may be
Hell freezes over first, you will see
just fill in the pit with those two nuckleheads in it and start a new arc.
Thank you davidf42, you saved me the trouble of posting essentially the same statement.
Good episode Night-Gaunt! Looks like Dr. Dark is going to get far more than he bargained for.
there was a country, not so long ago, where a stray copy of the declaration of ind. got translated. The people had never heard such concepts before. It changed the power balance of the orient almost overnight.
There is nothing so dangerous as a thought.
can't we just get to the inevitable loose end now instead of dragging this inanity out any further, shall we?
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text:
Barbarians in the changing room
From Roman Abramovitch and his Chelsea FC to President Gadaffiâs rumoured interest in Liverpool â these days everyone wants to own a football club.
But what was once the exclusive preserve of the super-rich has been brought to the masses as football fans without millions to spare are invited to buy shares in The Warbury Warriors, beloved stars of Striker 3D, the adult-focused football comic.
Pete Nash, Warbury "manager" and the comic's owner, desperately needs fresh funds to prolong the life of the comic he spun out of The Sun last August.
A sale prospectus is ready and Nash hasn't ruled out selling his controlling interest to the right buyer.
So far no private equity bidders have come forward. At £1 a share, with a 25-share minimum investment, they are probably still locked in agonising negotiations with bankers to secure the financing.
Footie fans with dreams of emulating the likes of Abramovitch or perhaps Hicks, Muse, Tate & Furst, can buy shares by getting the prospectus from the Striker itself.
After all, we all have to start somewhere, and fictional football teams are much easier to manage: if the players get too shirty the new owner can engineer a transfer before the next edition hits the press.


text:
Cart is Empty
Heavy duty, one piece construction with slip resistant finish. Made in the USA from industrial strength chrome vandium tool steel. Sizes include: .050" - 3/16".
Includes NOK-EZ arrow level and String Level. Everything you need to achieve proper nock or d-loop position.
Heavy duty anodized aluminum body with unique double tension bar arrangement in addition to self-centering washer system makes this a fluid revolution in serving.
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With all the capabilities of a full size bow press yet it is lightweight and compact. The Bow Medic Portable Bow Press allows you to make a full range of adjustments and repairs at home or in the field.


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- Worldwide Rank #10,590,708
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