Claar v. Commissioner of Social Security

CourtDistrict Court, N.D. Indiana
DecidedAugust 14, 2025
Docket1:24-cv-00361
StatusUnknown

This text of Claar v. Commissioner of Social Security (Claar 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
Claar v. Commissioner of Social Security, (N.D. Ind. 2025).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION LORI ANN CLAAR, ) ) Plaintiff, ) ) vs. ) CAUSE NO. 1:24-CV-361-PPS ) LELAND DUDEK, ) Acting Commissioner of the Social Security ) Administration, ) ) Defendant. ) OPINION AND ORDER Lori Claar appeals the Social Security Administration’s decision to deny her application for disability insurance benefits and supplemental security income. During the hearing before the ALJ, Claar largely complained about her depression and anxiety, feeling overwhelmed, and memory fog. Ultimately, the ALJ found Claar had the severe impairments of: major depressive disorder, recurrent, moderate and panic disorder. [Tr. 30.]1 The ALJ also determined that Claar was not disabled, and she had the residual functional capacity (RFC) to perform a full range of work at all exertional levels but with the following nonexertional limitations: she can carry out detailed but not complex instructions and she is limited to frequent interaction with coworkers, supervisors, and the general public. [Tr. 32.] Because I find that the ALJ properly 1 Citations to the record will be indicated as “Tr. __” and indicate the pagination stamped at the bottom right of each page of the record (found at DE 7). analyzed Claar’s RFC and made a proper determination at Step Five, I will affirm the ALJ’s decision. Discussion

I’ll start, as usual, with the standards that govern my decision-making in this appeal. My job is not to determine from scratch whether or not Claar is disabled. Rather, I only need to determine whether the ALJ applied the correct legal standards and whether the decision is supported by substantial evidence. See 42 U.S.C. § 405(g); Shideler v. Astrue, 688 F.3d 306, 310 (7th Cir. 2012); Castile v. Astrue, 617 F.3d 923, 926 (7th

Cir. 2010); Overman v. Astrue, 546 F.3d 456, 462 (7th Cir. 2008). The review of the ALJ’s decision is deferential. This is because the “substantial evidence” standard is not particularly demanding. In fact, the Supreme Court announced long ago that the standard is even less than a preponderance-of-the-evidence standard. Richardson v. Perales, 402 U.S. 389, 401 (1971). But, of course, I can’t “simply rubber-stamp the Commissioner’s decision without a critical review of the evidence.” Clifford v. Apfel, 227

F.3d 863, 869 (7th Cir. 2000). Nonetheless, the review is a light one and the substantial evidence standard is met “if a reasonable person would accept it as adequate to support the conclusion.” Young v. Barnhart, 362 F.3d 995, 1001 (7th Cir. 2004). Claar sets forth three main arguments in support of remand: (1) the ALJ failed to explain how the RFC for work at all exertional levels accommodates Claar’s limitations

given her alleged obesity, tenderness, and joint pain; (2) the RFC is legally erroneous and not supported by substantial evidence because the ALJ failed to address or 2 improperly rejected evidence showing Claar has greater mental limitations; and (3) the ALJ’s subjective symptom analysis was patently wrong because the ALJ relied on the purported absence of objective findings and improper conclusions to find Claar less

limited than alleged. Each argument will be addressed in the order it was presented. I. Whether the ALJ Failed to Explain How the RFC Accommodates Plaintiff’s Limitations Claar claims the ALJ failed to explain how the RFC for work at all exertion levels accommodates her limitations given her obesity, tenderness, and joint pain. [DE 11 at 7.] In particular, Claar insists “[t]he ALJ’s silence as to Plaintiff’s obesity is reversible.” [DE 11 at 10.] The Commissioner counters with the argument that the record does not indicate Claar had significant weight and pain issues. [DE 16 at 4-5.] And this is the

main problem with Claar’s obesity argument - the medical record is very bare on this issue. Claar did not allege obesity when applying for disability benefits. [Tr. 256.] Aside from a brief discussion with the ALJ during the hearing about what Claar weighed and that she gained about 60-70 pounds since taking medication over a period of 25 years [Tr. 53], Claar never mentioned her weight or claimed it limited her in any way. She complained of feeling overwhelmed, memory loss, brain fog, lack of focus

and a small attention span, feeling paranoid, sleep apnea, and hypertension. [Tr. 63-64, 73.] When the ALJ specifically asked her if she needed to take frequent breaks, and whether she had complications with her current or past work, Claar answered, “I mean my anxiety gets, and depression can cause body aches and I have body aches because of my depression my body goes all the time.” [Tr. 68-69.] Therefore, it seems appropriate 3 that the ALJ discussed Claar’s height and weight in the opinion (which was 5'7", 185 pounds at the time), but then did not go on to analyze any further how Claar’s weight might limit her ability to do a full range of work.

To be fair, there is documented evidence of Claar’s weight over time in the medical record (which the ALJ acknowledged), but no doctor actually diagnosed her with obesity. Claar hovered around the obesity mark, at least as that term is defined by the Regulations. SSR 02-1p, 2002 WL 34686281, at *2 (Sept. 12, 2002). If anything, Claar’s weight could be characterized in the bottom of Level I which includes BMIs of

30.0-34.9. Id. Plaintiff cites office notes from Dr. Keith Derickson on March 26, 2021, which state Claar had a BMI of 33-33.9. [DE 11 at 10; DE 19 at 7; Tr. 355.] However, Dr. Derickson does not diagnose her with”obesity” in his clinic notes. Rather, Claar’s BMI of 33.0-33.9 is listed under the category of “problem list/past medical history” and under the heading “physical exam” her abdomen is described by the doctor as “obese, soft, nontender, no HSM or masses appreciated.” [Tr. 355.] Other doctor notes reflect

various weights, including a BMI of 29.6 in January 2022 [Tr. 361], weight of 194 pounds which would be a BMI of 31.5 in the July 2022 consultative medical examiner’s report [Tr. 400], and the weight and height she stated at her disability hearing calculated to a BMI of 29 [Tr. 33]. But it is important to remember that a certain BMI number doesn’t necessarily

equate to having a severe impairment. As the Regulations require, “[w]e will find that obesity is a ‘severe’ impairment when, alone or in combination with another medically 4 determinable physical or mental impairment(s), it significantly limits an individual’s physical or mental ability to do basic work activities.” SSR 02-1p, 2002 WL 34686281, at *4. “However, we will not make assumptions about the severity or functional effects of

obesity combined with other impairments. Obesity in combination with another impairment may or may not increase the severity or functional limitations of the other impairment. We will evaluate each case based on the information in the case record.” Id. at *6. There is a lack of information in the record showing Claar’s weight limited her at

all. And indeed, during her testimony at the hearing, Claar didn’t say anything about her weight when describing what was preventing her from working. [Tr. 55-71.] At the time of the hearing, Claar had been working at Red Lobster for a month as a server [Tr. 54-55]. Before that, she worked at KinderCare [Tr. 55].

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Barbara Castile v. Michael Astrue
617 F.3d 923 (Seventh Circuit, 2010)
James Young v. Jo Anne B. Barnhart
362 F.3d 995 (Seventh Circuit, 2004)
Bradley Shideler v. Michael Astrue
688 F.3d 306 (Seventh Circuit, 2012)
Overman v. Astrue
546 F.3d 456 (Seventh Circuit, 2008)
Anne Hill v. Carolyn Colvin
807 F.3d 862 (Seventh Circuit, 2015)
Kathy Stark v. Carolyn Colvin
813 F.3d 684 (Seventh Circuit, 2016)

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Bluebook (online)
Claar v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claar-v-commissioner-of-social-security-innd-2025.