Bryant v. Kijakazi

CourtDistrict Court, N.D. Illinois
DecidedSeptember 20, 2022
Docket1:20-cv-02959
StatusUnknown

This text of Bryant v. Kijakazi (Bryant v. Kijakazi) 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
Bryant v. Kijakazi, (N.D. Ill. 2022).

Opinion

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

TOBIAS B. ) ) Plaintiff, ) ) No. 20-cv-2959 v. ) ) Magistrate Judge Jeffrey I. Cummings KILOLO KIJAKAZI,1 ) Commissioner of Social Security, ) ) Defendant. )

MEMORANDUM OPINION AND ORDER

Tobias B. (“Claimant”) moves to reverse or remand the final decision of the Commissioner of Social Security (“Commissioner”) denying his claim for disability insurance benefits (“DIBs”).2 The Commissioner brings a cross-motion seeking to uphold the decision to deny benefits. The parties have consented to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. §636(c). This Court has jurisdiction to hear this matter pursuant to 42 U.S.C. §405(g). For the reasons that follow, Claimant’s motion to reverse the decision of the Commissioner, (Dckt. #21), is granted and the Commissioner’s motion to uphold the decision to deny benefits, (Dckt. #22), is denied. I. BACKGROUND A. Procedural History Claimant first filed a DIBs application on September 15, 2014, alleging a disability onset

1 In accordance with Internal Operating Procedure 22 - Privacy in Social Security Opinions, the Court refers to Claimant only by his first name and the first initial of his last name. Acting Commissioner of Social Security Kilolo Kijakazi has also been substituted as the named defendant. Fed.R.Civ.P. 25(d).

2 Although Claimant’s motion states that he filed an application for both DIBs and Supplemental Security Income, (Dckt. #21 at 3), it appears he only applied for DIBs. date of March 18, 2008. At the time of Claimant’s alleged onset date, he was forty-eight years old. His claim was denied initially and upon reconsideration. Claimant filed a timely request for a hearing, which was held on May 19, 2017, before Administrative Law Judge (“ALJ”) Diane S. Davis. (Administrative Record (“R.”) 28-59). ALJ Davis issued a written decision denying Claimant’s application for benefits on October 3, 2017. (R. 13-22). Claimant appealed to this

Court, which granted the parties’ agreed motion for reversal and remanded the case for further administrative hearings on June 26, 2019. (R. 1424). ALJ Kathleen Kadlec held a supplemental hearing on December 18, 2019, (R. 1311-54), and issued a second decision denying Claimant’s application for benefits on January 21, 2020. (R. 1270-86). This action followed. B. The Social Security Administration Standard to Recover Benefits To qualify for disability benefits, a claimant must demonstrate that he is disabled, meaning he cannot “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 12 months.” 42

U.S.C. §423(d)(1)(A). Gainful activity is defined as “the kind of work usually done for pay or profit, whether or not a profit is realized.” 20 C.F.R. §404.1572(b). The Social Security Administration (“SSA”) applies a five-step analysis to disability claims. 20 C.F.R. §404.1520. The SSA first considers whether the claimant has engaged in substantial gainful activity during the claimed period of disability. 20 C.F.R. §404.1520(a)(4)(i). At step two, the SSA determines whether the claimant has one or more medically determinable physical or mental impairments. 20 C.F.R. §404.1521. An impairment “must result from anatomical, physiological, or psychological abnormalities that can be shown by medically acceptable clinical and laboratory diagnostic techniques.” Id. In other words, a physical or mental impairment “must be established by objective medical evidence from an acceptable medical source.” Id.; Shirley R. v. Saul, 1:18-cv-00429-JVB, 2019 WL 5418118, at *2 (N.D.Ind. Oct. 22, 2019). If a claimant establishes that he has one or more physical or mental impairments, the ALJ then determines whether the impairment(s) standing alone, or in combination, are severe and meet the twelve-month duration requirement noted above. 20 C.F.R. §404.1520(a)(4)(ii).

At step three, the SSA compares the impairment or combination of impairments found at step two to a list of impairments identified in the regulations (“the listings”). The specific criteria that must be met to satisfy a listing are described in Appendix 1 of the regulations. 20 C.F.R. Pt. 404, Subpt. P, App. 1. If the claimant’s impairments meet or “medically equal” a listing, he is considered disabled and no further analysis is required. If the listing is not met, the analysis proceeds. 20 C.F.R. §404.1520(a)(4)(iii). Before turning to the fourth step, the SSA must assess the claimant’s residual functional capacity (“RFC”), or his capacity to work in light of the identified impairments. Then, at step four, the SSA determines whether the claimant is able to engage in any of his past relevant

work. 20 C.F.R. §404.1520(a)(4)(iv). If the claimant can do so, he is not disabled. Id. If the claimant cannot undertake his past work, the SSA proceeds to step five to determine whether a substantial number of jobs exist that the claimant can perform given his RFC, age, education, and work experience. If such jobs exist, he is not disabled. 20 C.F.R. §404.1520(a)(4)(v). C. The Evidence Presented to the ALJ Claimant seeks DIBs due to limitations from high blood pressure, high cholesterol, diabetes, right knee pain post surgeries, and hearing loss. (R. 242, 274). Claimant alleges an onset date of March 18, 2008, and his date last insured was December 31, 2014. (R. 1285). Because Claimant’s arguments on appeal concern only his left shoulder and right knee impairments, (Dckt. #22 at 2), the Court limits its discussion of the evidence accordingly. 1. Medical Records Related to Claimant’s Knee On September 27, 2005, Claimant underwent an arthroscopy with medial meniscectomy and chondroplasty to repair a torn medial meniscus in his right knee. (R. 1256). After the

surgery, Claimant returned to work as a corrections officer in a maximum-security prison. Over the next few months, Claimant continued to experience knee pain, which did not respond to a corticosteroid injection or Synvisc injections. (Id.). In June 2006, an updated MRI “demonstrated a recurrent medial meniscus tear.” (Id.). Although Claimant was capable of full extension and reported minimal tenderness, the MRI showed a “through and through tear of the posterior horn of the medial meniscus,” and Claimant’s treating provider recommended that he undergo a second arthroscopic medial meniscectomy. (Id.). Sherwin Ho, M.D., performed the operation with no complications on October 3, 2006. (R. 1224-25, 1248-49). Claimant did not report any knee pain from October 2006 through December 2013.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McKinzey v. Astrue
641 F.3d 884 (Seventh Circuit, 2011)
Craft v. Astrue
539 F.3d 668 (Seventh Circuit, 2008)
Elder v. Astrue
529 F.3d 408 (Seventh Circuit, 2008)
Krystal Goins v. Carolyn Colvin
764 F.3d 677 (Seventh Circuit, 2014)
Latesha Moon v. Carolyn Colvin
763 F.3d 718 (Seventh Circuit, 2014)
Betty Brown v. Carolyn W. Colvin
845 F.3d 247 (Seventh Circuit, 2016)
Daniel Keys v. Nancy A. Berryhill
679 F. App'x 477 (Seventh Circuit, 2017)
Alejandro Moreno v. Nancy Berryhill
882 F.3d 722 (Seventh Circuit, 2018)
Rebecca Akin v. Nancy Berryhill
887 F.3d 314 (Seventh Circuit, 2018)
Paul Lambert v. Nancy Berryhill
896 F.3d 768 (Seventh Circuit, 2018)
Biestek v. Berryhill
587 U.S. 97 (Supreme Court, 2019)
Gail Martin v. Andrew M. Saul
950 F.3d 369 (Seventh Circuit, 2020)
Jennifer Karr v. Andrew Saul
989 F.3d 508 (Seventh Circuit, 2021)
Stage v. Colvin
812 F.3d 1121 (Seventh Circuit, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
Bryant v. Kijakazi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-kijakazi-ilnd-2022.