Bondoc v. O'Malley

CourtDistrict Court, N.D. Illinois
DecidedSeptember 24, 2024
Docket1:21-cv-03433
StatusUnknown

This text of Bondoc v. O'Malley (Bondoc v. O'Malley) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bondoc v. O'Malley, (N.D. Ill. 2024).

Opinion

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION STEVE B., Plaintiff, No. 21 CV 3433 v. Magistrate Judge McShain MARTIN O’MALLEY, COMMISSIONER OF SOCIAL SECURITY, Defendant. MEMORANDUM OPINION AND ORDER Plaintiff Steveantonio (Steve) B. appeals the Commissioner of Social Security’s decision denying his application for benefits. For the following reasons, plaintiff’s motion to reverse and remand [14]1 is denied, defendant’s motion for summary judgment [18] is granted, and the decision denying the application for benefits is affirmed. Background A. Procedural Background On February 28, 2019, plaintiff filed a Title II application for a period of disability and disability insurance benefits alleging disability beginning on November 29, 2016. [13-1] 26. Plaintiff’s claim was denied initially on June 12, 2019, and upon reconsideration on November 12, 2019. [Id.] Thereafter, plaintiff requested a hearing, which was held before an administrative law judge (ALJ) on November 30, 2020. [Id.] 36–62. In a decision dated December 28, 2020, the ALJ found that plaintiff was not disabled and denied his application. [Id.] 26–31. The Appeals Council denied review on April 27, 2021, rendering the ALJ’s decision the final decision of the Commissioner. [Id.] 5. See 20 C.F.R. §§ 404.955 & 404.981; Gedatus v. Saul, 994 F.3d 893, 898 (7th Cir. 2021). Plaintiff timely appealed to this Court [1], and the Court has subject-matter jurisdiction to review the Commissioner’s decision under 42 U.S.C. § 405(g).2 1 Bracketed numbers refer to entries on the district court docket. Referenced page numbers are taken from the CM/ECF header placed at the top of filings, except for citations to the administrative record [13], which refer to the page numbers in the bottom right corner of each page. 2 The parties have consented to the exercise of jurisdiction in this case by a United States Magistrate Judge [8, 9]. B. The ALJ’s Decision In evaluating a claim for disability benefits, ALJs follow a five-step, sequential process. Apke v. Saul, 817 F. App’x 252, 255 (7th Cir. 2020). The ALJ must evaluate the following: (1) whether the claimant is currently [un]employed; (2) whether the claimant has a severe impairment; (3) whether the claimant’s impairment meets or equals one of the impairments listed by the [Commissioner] ...; (4) whether the claimant can perform her past work; and (5) whether the claimant is capable of performing work in the national economy. Fetting v. Kijakazi, 62 F.4th 332, 336 (7th Cir. 2023) (alterations in original) (quoting Clifford v. Apfel, 227 F.3d 863, 868 (7th Cir. 2000)). See also 20 C.F.R. § 404.1520. “An affirmative answer leads either to the next step, or, on Steps 3 and 5, to a finding that the claimant is disabled. A negative answer at any point, other than Step 3, ends the inquiry and leads to a determination that a claimant is not disabled.” Clifford, 227 F.3d at 868. The ALJ reviewed plaintiff’s disability claim in accordance with the SSA’s five- step sequential evaluation process. At step one, the ALJ found that plaintiff had not engaged in substantial gainful activity during the relevant period, i.e., from his alleged onset date of November 29, 2016 through his date last insured of December 31, 2016. [13-1] 28. At step two, the ALJ found that “[t]hrough the date last insured, there were no medical signs or laboratory findings to substantiate the existence of a medically determinable impairment.” [Id.] 29. The ALJ therefore ended the analysis and did not proceed to step three. The ALJ accordingly found that plaintiff was not under a disability, as defined in the Social Security Act, at any time from November 29, 2016, the alleged onset date, through December 31, 2016, the date last insured. [Id.] 31. Legal Standard Courts “apply a very deferential standard of review to the ALJ’s decision.” Jarnutowski v. Kijakazi, 48 F.4th 769, 773 (7th Cir. 2022) (citation and internal quotations omitted). In its “extremely limited” role, id., the Court must “ensur[e] that substantial evidence supported the ALJ’s decision and that the ALJ applied the correct legal standards.” Morales v. O’Malley, 103 F.4th 469, 472 (7th Cir. 2024) (citing Stephens v. Berryhill, 888 F.3d 323, 327 (7th Cir. 2018)). “A reviewing court ‘will not reweigh the evidence, resolve debatable evidentiary conflicts, determine credibility, or substitute [its] judgment for the ALJ’s determination so long as substantial evidence supports it.’” Chavez v. O’Malley, 96 F.4th 1016, 1021 (7th Cir. 2024) (alteration in original) (quoting Gedatus, 994 F.3d at 900). See also Stephens, 888 F.3d at 327 (“Although this Court reviews the record as a whole, it cannot substitute its own judgment for that of the SSA by reevaluating the facts, or reweighing the evidence to decide whether a claimant is in fact disabled.”).

Substantial evidence is “not a high threshold: it means only ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Karr v. Saul, 989 F.3d 508, 511 (7th Cir. 2021). “An ALJ need not specifically address every piece of evidence, but must provide a ‘logical bridge’ between the evidence and [her] conclusions.” Bakke v. Kijakazi, 62 F.4th 1061, 1066 (7th Cir. 2023). “If substantial evidence supports the ALJ’s conclusions, the court ‘must affirm the ALJ’s decision even if reasonable minds could differ about the ultimate disability finding.’” Chavez, 96 F.4th at 1021 (quoting Brown v. Colvin, 845 F.3d 247, 251 (7th Cir. 2016)).

Discussion

Plaintiff argues that the ALJ erred in finding that his conditions were not “medically determinable impairments.” [15] 7–9. Plaintiff also asserts that to the extent the ALJ made an alternative finding on the issue of severity, the ALJ’s decision that plaintiff’s impairments were not severe was not supported by substantial evidence. [Id.] 10–15.

A. The ALJ Committed an Error of Law

To be entitled to benefits under the Social Security Act, a claimant must be “aged, blind, or disabled.” 42 U.S.C. § 1382(a)(1). The Act defines disability as the inability “to engage in any substantial gainful activity by reason of any 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. at § 1382c(a)(3)(A).

As noted, in evaluating a claim for disability benefits, ALJs follow a five-step, sequential process. Fetting, 62 F.4th at 336; Apke, 817 F. App’x at 255. At step two, the ALJ determines whether a claimant has one or more medically determinable physical or mental impairments. 20 C.F.R. §

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989 F.3d 508 (Seventh Circuit, 2021)
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994 F.3d 893 (Seventh Circuit, 2021)
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4 F.4th 498 (Seventh Circuit, 2021)
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22 F.4th 644 (Seventh Circuit, 2022)
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48 F.4th 769 (Seventh Circuit, 2022)
Stephens v. Berryhill
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Meuser v. Colvin
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McHenry v. Berryhill
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August Fetting v. Kilolo Kijakazi
62 F.4th 332 (Seventh Circuit, 2023)

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Bluebook (online)
Bondoc v. O'Malley, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bondoc-v-omalley-ilnd-2024.