Bricksy H. v. Frank Bisignano, Commissioner of the Social Security Administration

District Court, N.D. Illinois·Decided September 1, 2026·No. 1:23-cv-16412·Unknown

Opinion

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

BRICKSY H.,

Plaintiff, Case No. 1:23-cv-16412 v. Hon. Beth W. Jantz FRANK BISIGNANO, Commissioner of the Social Security Administration,

Defendant.

MEMORANDUM OPINION AND ORDER Plaintiff Bricksy H.1 brought this action under 42 U.S.C. § 405(g) to review the final deci- sion of the Commissioner of Social Security denying her application for Disability Insurance Ben- efits (DIB) and Supplemental Security Income (SSI). The parties consented to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). See Dkt. 7. For the reasons stated below, Plaintiff’s Motion for Summary Judgment (Dkt. 15) is DENIED, and the Commis- sioner’s Motion for Summary Judgment (Dkt. 18) is GRANTED. The Commissioner’s decision is affirmed. BACKGROUND Bricksy applied for DIB and SSI on February 15, 2017, alleging she became disabled on April 1, 2015, due to depressive disorder, anxiety disorder, panic disorder, agoraphobia, and post- traumatic stress disorder (PTSD). See Certified Admin. Record (R.) 102–03 (Dkt. 12). The Social Security Administration denied Bricksy’s claim initially on September 6, 2017, and upon

1 Pursuant to Northern District of Illinois Internal Operating Procedure 22, the Court refers to Plaintiff by her first name and the first initial of her last name. reconsideration on October 13, 2017. R. 121–22, 147–48. At Bricksy’s request, an administrative law judge (ALJ) conducted a hearing on June 28, 2019. See R. 17–101. The ALJ denied Bricksy’s claim in a written opinion dated July 31, 2019. See R. 1155. Bricksy challenged the ALJ’s decision by filing suit in this Court. On September 30, 2022, this Court issued an order concluding that the

ALJ had not sufficiently analyzed the opinion of Dr. Susan Lim, M.D., one of Bricksy’s treating physicians, and remanded the matter to the Social Security Administration for further proceedings. See R. 1154–64. The same ALJ conducted a new hearing on September 5, 2023. See R. 1107–36. The ALJ denied Bricksy’s claim in a written opinion dated September 27, 2023. See R. 1078–98. Bricksy bypassed the Appeals Council and filed suit in this Court, making the ALJ’s decision the final decision of the Commissioner for purposes of judicial review. See 20 C.F.R. § 416.1484(a), (d); Carolyn M. v. O’Malley, No. 20-cv-50404, 2024 WL 2801655, at *1 (N.D. Ill. May 31, 2024), aff’d sub nom. Matthiscyk v. Bisignano, No. 24-2488, 2025 WL 2835768 (7th Cir. Oct. 7, 2025). The ALJ applied the five-step analytical process required by 20 C.F.R. § 404.1520. At Step

1, the ALJ concluded that Bricksy had not engaged in substantial gainful activity since the alleged onset date. R. 1080. At Step 2, the ALJ concluded that Bricksy had the severe impairments of depressive disorder, bipolar disorder, anxiety disorder, and PTSD, and the non-severe impairments of gallbladder issues, hypertension, alcohol abuse (in remission), diabetes mellitus, steatosis of the liver, hyperlipidemia, a BMI of 33, vitamin D deficiency, and menorrhagia. R. 1081. At Step 3, the ALJ determined that Bricksy’s impairments, alone or in combination, did not meet or medically equal one of the Social Security Administration’s Listings of Impairments. See R. 1082–84. Before Step 4, the ALJ determined that Bricksy had the residual functional capacity (RFC) to perform a full range of work at all exertional levels, with the following limitations: The claimant can understand, remember, and carry out simple work instructions. The claimant is able to sustain the necessary attention and concentration in 2 hour increments throughout the day to sustain simple job duties assuming typical work- day breaks. The claimant can make simple work-related decisions. The claimant can respond appropriately to supervision, and have occasional contact with co- workers and the general public. The claimant can work in a routine work setting and is able to deal with occasional changes. The claimant should not perform fast- paced production work or work with strict production quotas (such as when a ma- chine is establishing the pace) but can work with end of day goals. The claimant can perform no customer service work and no team or tandem work tasks. R. 1084; see also R. 1084–96. At Steps 4 and 5, the ALJ concluded that Bricksy could not perform her past relevant work as a machine tender, assembler, sales attendant, and sandwich maker, but that there were jobs of significant numbers in the national economy that she could perform, such as the representative occupations of kitchen helper (approximately 107,000 jobs in the national economy), cook helpers (approximately 23,800 jobs), and order picker (approximately 3,600 jobs). R. 1096–97. Based on these findings, the ALJ concluded that Bricksy was not disabled during the relevant period. R. 1098. STANDARD OF REVIEW The Court’s scope of review is limited to deciding whether the final decision of the Com- missioner of Social Security is based upon substantial evidence. Warnell v. O’Malley, 97 F.4th 1050, 1052 (7th Cir. 2024). Substantial evidence “‘means—and means only—such relevant evi- dence as a reasonable mind might accept as adequate to support a conclusion.’” Id. (quoting Biestek v. Berryhill, 587 U.S. 97, 102 (2019)). “In addition to relying on substantial evidence, the ALJ must also explain his analysis of the evidence with enough detail and clarity to permit meaningful appellate review.” Scrogham v. Colvin, 765 F.3d 685, 695 (7th Cir. 2014). The Court cannot let the Commissioner’s decision stand if it lacks sufficient evidentiary support, an adequate discussion of the issues, or is undermined by legal error. Lopez ex rel. Lopez v. Barnhart, 336 F.3d 535, 539 (7th Cir. 2003); see also 42 U.S.C. § 405(g). But the 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.’” Warnell, 97 F.4th at 1052–53. DISCUSSION Bricksy raises two arguments against the ALJ’s decision: first, that the ALJ misapplied the

treating physician rule to discount the opinions of Bricksy’s psychiatrist, Dr. Lin, and Bricksy’s therapist, Supriya Monan, MSW, LSW; and second, that the ALJ’s RFC assessment does not ad- equately accommodate her asserted deficits in the ability to sustain the on-task, interactive, and attendance requirements of full-time work. The Court disagrees, as follows. I. Opinions of Dr. Lin and Ms. Monan Bricksy’s treating psychiatrist, Dr. Lin, completed a mental residual functional capacity statement in May 2018 that identified several potentially work-preclusive impairments. See R. 758–61. Among other limitations, Dr. Lin opined that Bricksy’s limited ability to maintain atten- tion and concentration for extended periods of time, perform activities within a schedule, maintain regular attendance, and be punctual and within customary tolerances would preclude performance

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Bricksy H. v. Frank Bisignano, Commissioner of the Social Security Administration, (N.D. Ill. 2026).

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