Castillo v. Commissioner of Social Security

CourtDistrict Court, N.D. Indiana
DecidedMarch 27, 2023
Docket3:22-cv-00017
StatusUnknown

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

Bluebook
Castillo v. Commissioner of Social Security, (N.D. Ind. 2023).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

ALLIE S. CASTILLO,

Plaintiff,

v. CAUSE NO. 3:22-CV-17 DRL-MGG

KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration,

Defendant.

ORDER AND OPINION Allie S. Castillo appeals the Social Security Commissioner’s final judgment denying her supplemental security income. Ms. Castillo requests either a finding of disability based on the evidence or remand of her claim for further consideration. Having reviewed the underlying record and the parties’ arguments, the court vacates the administrative decision and remands for further proceedings. BACKGROUND Ms. Castillo suffers from a variety of impairments including migraines, obesity, Crohn’s disease, major depressive disorder, right fifth finger amputation, and degenerative joint disease of the right knee. She filed an application for disability benefits on August 23, 2018, alleging the same as her disability onset date [R. 10]. Ms. Castillo was 36 years old on the alleged onset date [R. 21]. She has a high school education, but no past relevant work [R. 21]. Her application was denied initially and again on reconsideration [R. 10]. She appealed that decision to an Administrative Law Judge (ALJ), Charles Thorbjornsen, and two hearings were held: one on July 23, 2020 and another on January 7, 2021. In a March 31, 2021 decision, the ALJ denied Ms. Castillo’s petition on the basis that there were sufficient jobs available in the national economy that she could perform considering her age, education, work experience, and residual functioning capacity (RFC) [R. 21-22]. Ms. Castillo challenged the decision with the Appeals Council. After the Council denied her request on November 3, 2021 [R. 1], she appealed here. STANDARD The court has authority to review the Council’s decision under 42 U.S.C. § 405(g); however, review is bound by a strict standard. Because the Council denied review, the court evaluates the ALJ’s decision as the Commissioner’s final word. See Schomas v. Colvin, 732 F.3d 702, 707 (7th Cir. 2013). The

ALJ’s findings, if supported by substantial evidence, are conclusive and nonreviewable. See Craft v. Astrue, 539 F.3d 668, 673 (7th Cir. 2008). Substantial evidence is that evidence that “a reasonable mind might accept as adequate to support a conclusion,” Richardson v. Perales, 402 U.S. 389, 401 (1971), and may well be less than a preponderance of the evidence, Skinner v. Astrue, 478 F.3d 836, 841 (7th Cir. 2007). If the ALJ has relied on reasonable evidence and built an “accurate and logical bridge between the evidence and [his] conclusion,” the decision must stand. Thomas v. Colvin, 745 F.3d 802, 806 (7th Cir. 2014) (quotation omitted). Even if “reasonable minds could differ” concerning the ALJ’s decision, the court must affirm if the decision has adequate support. Simila v. Astrue, 573 F.3d 503, 513 (7th Cir. 2009) (quoting Elder v. Astrue, 529 F.3d 408, 413 (7th Cir. 2008)). This high deference is lessened whenever the ALJ’s findings are built on errors of fact or logic. Thomas, 745 F.3d at 806. DISCUSSION An individual is disabled when she has an “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment [that] can be expected to result

in death or [that] 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). This impairment must be so severe that the individual “is not only unable to do [her] previous work but cannot, considering [her] age, education, and work experience, engage in any other kind of substantial gainful work [that] exists in the national economy, regardless of whether such work exists in the immediate area in which [she] lives, or whether a specific job vacancy exists for [her], or whether [she] would be hired if [she] applied for work.” 42 U.S.C. § 423(d)(2)(A). When considering a claimant’s eligibility for disability benefits, an ALJ must apply a standard five- step analysis, asking whether (1) the claimant is currently employed; (2) the claimant’s impairment or combination of impairments is severe; (3) her impairments meet or exceed any of the specific listed impairments that the Secretary acknowledges to be so severe as to be conclusively disabling; (4) the

claimant can perform her former occupation, if the impairment has not been listed as conclusively disabling, given the claimant’s residual functioning capacity (RFC); and (5) the claimant cannot perform other work in the national economy given her age, education, and work experience. 20 C.F.R. § 404.1520; Young v. Sec’y of Health & Hum. Servs., 957 F.2d 386, 389 (7th Cir. 1992). The claimant bears the burden of proof until step five, when the burden shifts to the Commissioner to prove that the claimant can perform other work in the economy. See Young, 957 F.2d at 389. At step one, the ALJ determined that Ms. Castillo had not engaged in substantial gainful activity since her application date, so he proceeded to step two [R. 12]. There, the ALJ determined that Ms. Castillo had a number of severe impairments, including migraine headaches, as well as additional non- severe impairments [R. 13]. At step three, the ALJ decided that these impairments didn’t meet or equal the criteria of an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1. Thus the ALJ proceeded to step four where he concluded that Ms. Castillo had the residual functioning capacity to perform sedentary work as defined in 20 C.F.R. § 416.967(a), subject to certain

modifications. Relevant here, the administrative decision concluded that Ms. Castillo “can have occasional exposure to humidity and wetness, dust, odors, fumes and pulmonary irritants, extreme cold, extreme heat, and vibration. Work environments must be limited to moderate noise. [She] is able to perform simple, routine tasks, and is able to perform simple work-related decisions. [She] is able to occasionally interact with supervisors and coworkers, with brief and superficial contact defined as no lower than an 8 in terms of the 5th digit of the DOT Code” [R. 15-16]. Finally, at step five, the ALJ considered Ms. Castillo’s age, education, work experience, and residual functioning capacity to conclude that there were 65,100 jobs in the national economy that she could perform: document preparer (30,100), printed circuit board inspector (19,800), and optical assembler (15,200) [R. 22]. Based on this analysis, the ALJ concluded that she wasn’t disabled [R. 22].

Ms. Castillo challenges the ALJ’s disability determination and advances three arguments.

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Castillo v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castillo-v-commissioner-of-social-security-innd-2023.