Benaderet v. Commissioner of the Social Security Administration

CourtDistrict Court, E.D. Wisconsin
DecidedSeptember 1, 2021
Docket2:19-cv-01141
StatusUnknown

This text of Benaderet v. Commissioner of the Social Security Administration (Benaderet v. Commissioner of the Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Benaderet v. Commissioner of the Social Security Administration, (E.D. Wis. 2021).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

JOEL BENADERET,

Plaintiff,

v. Case No. 19-cv-1141-pp

COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION,

Defendant.

ORDER AFFIRMING THE FINAL ADMINISTRATIVE DECISION OF THE COMMISSIONER

On August 7, 2019, the plaintiff, representing himself, filed a complaint seeking review of a final administrative decision that found him not “disabled” within the meaning of the Social Security Act. Dkt. No. 1. The Social Security Administration’s Appeals Council denied review, making the Administrative Law Judge’s (ALJ) decision the final decision of the Commissioner. For the reasons explained below, the court will affirm the Commissioner’s decision. I. Introduction A. Initial Claims The plaintiff filed an initial claim for child disability benefits on July 28, 2012 based on bipolar disorder, schizophrenia, anxiety disorder, obsessive compulsive disorder and an eating disorder. Dkt. No. 10-4 at 4. Two months later, the plaintiff filed an initial claim for disability insurance. Id. at 16. He alleged onset dates of June 5, 2008 for both claims. Id. at 4, 16. Concluding that he was not disabled within the meaning of the Social Security Act, the Social Security Administration (Administration) initially denied the plaintiff’s claim for disability benefits and supplemental security income on March 22, 2013. Dkt. No. 10-4 at 14, 26; Dkt. No. 10-5 at 2, 6. On September 10, 2013,

the Administration denied the plaintiff’s claims on reconsideration. Dkt. No. 10-4 at 28, 43. B. The ALJ’s September 9, 2015 Decision On October 1, 2013, the plaintiff filed a written request for a hearing in front of an ALJ. Dkt. No. 10-5 at 16. On August 28, 2015, the plaintiff appeared at the hearing with Attorney Leah A. Drexler-Dreis. Dkt. No. 10-4 at 63. Both the petitioner and Vocational Expert Richard Riedl testified. Dkt. No. 10-23 at 10. ALJ Brent Bedwell issued his decision on September 9, 2015. Dkt.

No. 10-4 at 60. He found that the plaintiff “was born on March 24, 1990,” and “ha[d] at least a high school education.” Id. at 72. The ALJ observed that the plaintiff earned $1,873 folding fabric in 2011. Id. at 65. The ALJ concluded that the plaintiff “ha[d] not been under a disability within the meaning of the Social Security Act from June 5, 2008, through the date of this decision.” Id. at 63. While the ALJ conceded that the plaintiff had severe impairments, id. at 65, he concluded that the plaintiff (1) lacked an impairment or combination of

impairments that met or medically equaled the severity of a listing, id. at 66; (2) had the residual functional capacity (RFC) to perform a full range of work at all exertional levels with nonexertional limitations, id. at 67; and (3) could perform jobs that existed in significant numbers in the national economy, id. at 73. On April 17, 2017, the Appeals Council denied review. Dkt. No. 10-22 at 6. C. Benaderet v. Commissioner, Case No. 17-cv-844-pp On June 16, 2017, the plaintiff, representing himself, filed a complaint

seeking this court’s review of the ALJ’s September 9, 2015 decision. Benaderet v. Commissioner, Case No. 17-cv-844-pp (E.D. Wis.), Dkt. No. 1. The complaint argued that “unanimous and compelling” opinion evidence showed that the plaintiff suffered from chronic, severe and debilitating disorders which “inhibit[ed] his ability to function on a daily basis and certainly impede[d] any possibility to perform any kind of work, even on a limited basis.” Dkt. No. 1 at 4. He alleged that “[t]he Judge and social security staff at his hearing did not address any of these issues and weighted the case in their favor ignoring and

discrediting previous doctors reports. His family was denied access to speak on his behalf.” Id. On December 28, 2017, the plaintiff filed an opening brief. Dkt. No. 14. It appeared that the plaintiff’s father had written and signed the brief. Id. at 4. The plaintiff’s father argued that the Administration unfairly denied benefits. Id. at 1. He asserted that “[i]t would be impossible for those reviewing [the plaintiff’s] file or meeting with him for a brief time in court to have any

understanding of his complex condition.” Id. He contended that the ALJ “clearly failed to acknowledge the evidence as presented in his personal medical history,” and that neither the ALJ nor the vocational expert understood or acknowledged “the depth of the condition and why financial assistance in the form of Social Security Disability [was] needed.” Id. The plaintiff’s father said that an attached letter from James Simmerer showed Mr. Simmerer’s “assessment and summery of [the plaintiff’s] condition.” Id. at 2. The plaintiff’s father stressed that the plaintiff’s conditions and

symptoms were more severe than the plaintiff described during his hearing testimony. Id. He argued that the ALJ “attempted to determine that [the plaintiff] did not meet the SSI threshold for mental health disability where we strongly feel, when presented more relative and pertinent information, the determination would strongly weigh in the plaintiff’s favor.” Id. In a “Statement of Errors,” the plaintiff’s father asserted that (1) Attorney Drexler-Dreis did not allow him to participate in the hearing; (2) the ALJ did not allow James Simmerer to testify; (3) Attorney Drexler-Dreis’s statements at the hearing were

“inexplicably brief;” (4) the plaintiff could not perform the jobs that the vocational expert highlighted at the hearing; and (5) the fact that the plaintiff had folded fabric, played basketball, walked with his mom and reported to treatment providers that he was in a good mood or felt better did not relate to his ability to search for or perform work. Id. at 3. The plaintiff’s father concluded that the ALJ “ignored conclusive evidence” and “counsel failed to represent him fairly.” Id.

On February 5, 2018, the defendant filed a motion asking the court to remand the case for further administrative action under “sentence four[1] of

1 “The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a section 205(g) of the Social Security Act.” Dkt. No. 16 at 1. The defendant asserted that “a remand [was] needed to reevaluate the medical opinion and other source opinion evidence, reassess Plaintiff’s residual functional capacity, and reassess his substance-abuse disorder.” Id.

On April 30, 2018, this court granted the defendant’s motion for remand. Dkt. No. 18. Noting that the plaintiff had not responded to the motion, the court agreed that the administrative record supported a sentence four remand “[b]ased on the errors identified by the defendant.” Id. at 1-2. In the order, the court observed that the plaintiff’s father had filed the opening brief, clarifying that [t]he plaintiff’s father is not a party, and it is unclear whether he is an attorney. Section 1654 provides that the parties may “plead and conduct their own cases personally or by counsel,” 28 U.S.C. §1654, and Rule 11 requires that every motion be signed by an attorney or a party who is representing himself. But see Elustra v. Mineo, 595 F.3d 699, 705 (7th Cir. 2010) (acknowledging that other circuits have recognized a few exceptions to the general rule that a person may only appear pro se or through counsel, such as parents bringing claims on behalf of their children in an effort to secure Social Security benefits).

Id. at 1-2 n.1. D. June 17, 2018 Remand Based on this court’s April 30, 2018 order, the Appeals Council remanded the case back to an ALJ on June 17, 2018. Benaderet v.

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Benaderet v. Commissioner of the Social Security Administration, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benaderet-v-commissioner-of-the-social-security-administration-wied-2021.