Borrett v. O'Malley

CourtDistrict Court, N.D. Illinois
DecidedJune 6, 2025
Docket3:24-cv-50191
StatusUnknown

This text of Borrett v. O'Malley (Borrett 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
Borrett v. O'Malley, (N.D. Ill. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Terri B.,1 ) ) Plaintiff, ) ) No. 24 C 50191 v. ) ) Magistrate Judge Laura K. McNally Frank Bisignano, ) Commissioner of Social Security,2 ) ) Defendant. )

ORDER3 Before the Court is Plaintiff Terri B.’s memorandum in support of summary judgment, asking the Court to remand the Administrative Law Judge’s (“ALJ”) decision denying her applications for disability benefits (Dkt. 19: Pl. Mem. in Support of Summ. J., “Pl. Mem.”) and Defendant’s motion and brief in support of summary judgment (Dkt. 27: Def. Mot. to Remand; Dkt. 30: Def. Mem. in Support of Summ. J.).

1 The Court in this order is referring to Plaintiff by her first name and first initial of her last name in compliance with Internal Operating Procedure No. 22 of this Court. 2 The Court substitutes Frank Bisignano for his predecessor(s) as the proper defendant in this action pursuant to Federal Rule of Civil Procedure 25(d) (a public officer’s successor is automatically substituted as a party). 3 On May 28, 2025, by consent of the parties and pursuant to 28 U.S.C. § 636(c) and Local Rule 73.1, this case was reassigned to the magistrate judge for all proceedings, including entry of final judgment. (Dkt. 7.) I. Procedural History Plaintiff applied for disability insurance benefits on December 22, 2021, alleging

disability from September 30, 2018. (R. 15.) Plaintiff’s date last insured was December 31, 2023. (R. 16.) Plaintiff’s claims were initially denied on August 1, 2022 and upon reconsideration on January 27, 2023. (R. 15.) The ALJ held a telephone hearing on June

27, 2023 (Id.) On November 8, 2023, the ALJ issued a decision finding Plaintiff not disabled (R. 30), and Plaintiff subsequently appealed.4 After considering the parties’ briefs and evidence, the Court grants Defendant’s motion for summary judgment and

denies Plaintiff’s motion. II. ALJ Decision The ALJ applied the Social Security Administration’s (“SSA”) five-step sequential evaluation process to Plaintiff’s claims. At Step One, the ALJ found that

Plaintiff had not engaged in substantial gainful activity since September 30, 2018. (R. 17.) At Step Two, the ALJ determined that Plaintiff had the severe impairments of Lumbosacral Degenerative Disc Disease, Diabetic Autonomic Neuropathy, and

Migraines, all of which significantly limit Plaintiff’s ability to perform basic work- related activities for at least 12 consecutive months. (R. 18.)

4 The Appeals Council subsequently denied review of the opinion (R. 1), making the ALJ’s decision the final decision of the Commissioner. Bertaud v. O’Malley, 88 F.4th 1242, 1244 (7th Cir. 2023). The ALJ also found that Plaintiff had the medically determinable but nonsevere impairments of diabetes mellitus, vitamin D deficiency, osteoporosis, insomnia,

multiple acute injuries of the foot and wrist, hand tremors, bilateral leg swelling, hepatic steatosis with abnormal liver function, asthma, obstructive sleep apnea, gastroesophageal reflux disease, colon polyps, an anal fissure, hyperlipidemia,

hypertension, periodic tachycardia, right breast mastodynia, stress urinary incontinence, thyroid nodules, kidney stones, age-related brain degrative changes, and obesity. (R. 18-20.) The ALJ further considered Plaintiff's dizziness but found that it was

a non-medically determinable impairment because it was a symptom-based diagnosis with no objective findings. (R. 20.) At Step Three, the ALJ found that none of Plaintiff’s impairments met or equaled a Listing. (R. 20-22.) Before Step Four, the ALJ determined that Plaintiff has the residual

functional capacity to perform the full range of sedentary work, except that she should not be required to climb ladders, ropes, and scaffolds, but can occasionally climb ramps and stairs. The claimant can occasionally balance, stoop, kneel, crouch, and crawl. The claimant must avoid hazards including unprotected heights, dangerous moving machinery, and driving tasks. The claimant must avoid working at extreme temperatures and must avoid work with extreme pulmonary irritants. (R. 22.) At Step Four, the ALJ found that Plaintiff was unable to perform her past relevant work as an Accounts Payable Clerk or Procurement Clerk. (R. 28.) At Step Five the ALJ found that Plaintiff has acquired work skills from past relevant work that are transferable to other jobs in the national economy consistent with her residual

functional capacity. (R. 28-30.) As a result, the ALJ concluded that Plaintiff was not disabled. (R. 30.) III. Legal Standard

Under the Act, a person is disabled if she has an “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.” 42 U.S.C. § 423(d)(1)(a). The Court does not “merely rubber stamp the ALJ's decision on judicial review.” Prill v. Kijakazi, 23 F.4th 738, 746 (7th Cir. 2022) An ALJ’s decision will be affirmed if it is

supported by “substantial evidence,” which means “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Biestek v. Berryhill, 587 U.S. 97, 103 (2019). “[T]he threshold for such evidentiary sufficiency is not high.” Id.

ALJs are “subject to only the most minimal of articulation requirements” and “need not address every piece or category of evidence identified by a claimant, fully summarize the record, or cite support for every proposition or chain of reasoning.” Warnell v. O’Malley, 97 F.4th 1050, 1053 (7th Cir. 2024). “All we require is that ALJs provide an

explanation for how the evidence leads to their conclusions that is sufficient to allow us, as a reviewing court, to assess the validity of the agency’s ultimate findings and afford the appellant meaningful judicial review.” Id. at 1054.

The Seventh Circuit added that “[a]t times, we have put this in the shorthand terms of saying an ALJ needs to provide a ‘logical bridge from the evidence to his conclusion.’” Id. (citation omitted). The Seventh Circuit further has clarified that district

courts, on review of ALJ decisions in Social Security appeals, are subject to a similar minimal articulation requirement: “A district (or magistrate) judge need only supply the parties . . . with enough information to follow the material reasoning underpinning

a decision.” Morales v. O’Malley, 103 F.4th 469, 471 (7th Cir. 2024). The district court’s review of the ALJ’s opinion “will not reweigh the evidence, resolve debatable evidentiary conflicts, determine credibility, or substitute its judgment for the ALJ’s determination.” Chavez v. O’Malley, 96 F.4th 1016, 1021 (7th Cir. 2024) (internal

quotations omitted). IV. Analysis Plaintiff contends that the ALJ did not build a logical bridge from the evidence to

her finding of Plaintiff’s residual functional capacity. (Pl. Mem.

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Bluebook (online)
Borrett v. O'Malley, Counsel Stack Legal Research, https://law.counselstack.com/opinion/borrett-v-omalley-ilnd-2025.