Eddy v. Berryhill

CourtDistrict Court, N.D. Illinois
DecidedAugust 14, 2018
Docket1:17-cv-03316
StatusUnknown

This text of Eddy v. Berryhill (Eddy v. Berryhill) 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
Eddy v. Berryhill, (N.D. Ill. 2018).

Opinion

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

LUCINDA EDDY, ) ) Plaintiff, ) ) No. 17 C 3316 v. ) ) Magistrate Judge NANCY A. BERRYHILL, Acting ) Maria Valdez Commissioner of Social Security, ) ) Defendant. ) )

MEMORANDUM OPINION AND ORDER This action was brought under 42 U.S.C. § 405(g) to review the final decision of the Commissioner of the Social Security Administration (“Commissioner”) denying Plaintiff Lucinda Eddy’s (“Plaintiff”) claims for Disability Income Benefits (“DIB”) and Supplemental Security Income (“SSI”) under Titles II and XVI of the Social Security Act (the “Act”). The parties have consented to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). For the reasons that follow, Plaintiff’s memorandum, which this Court will construe as a motion for summary judgment, [Doc. No. 12] is denied and the Commissioner’s cross-motion for summary judgment [Doc. No. 23] is granted. BACKGROUND I. Procedural History Plaintiff filed her applications for DIB and SSI in August 2013, alleging

disability due to Type II bipolar disorder. (R. 181–88, 208.) Her applications were denied initially and again upon reconsideration. (R. 74–123.) Plaintiff presented for a hearing before an ALJ on January 27, 2016, represented by counsel. (R. 39–79.) A vocational expert was present and offered testimony. (Id.) On March 17, 2016, the ALJ issued an unfavorable decision finding Plaintiff was not disabled. (R. 15–38.) The Appeals Council denied review on February 28, 2017, leaving the ALJ’s

decision as the final decision of the Commissioner and, therefore, reviewable by the District Court under 42 U.S.C. § 405(g). See Haynes v. Barnhart, 416 F.3d 621, 626 (7th Cir. 2005); Herron v. Shalala, 19 F.3d 329, 332 (7th Cir. 1994); (R. 1–6.) II. ALJ Decision On March 17, 2016, the ALJ issued an unfavorable written determination finding Plaintiff was not disabled. (R. 15–38.) At step one, the ALJ determined that Plaintiff had not engaged in substantial gainful activity since July 26, 2013, her

alleged onset date. (R. 20.) At step two, the ALJ found that Plaintiff suffered from severe impairments of affective disorder (bipolar II/depression), anxiety/panic disorder, and personality disorder. (R. 21.) At step three, the ALJ determined that Plaintiff did not have an impairment or combination of impairments that met or medical equaled the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 (20 C.F.R. 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925, and 416.926); (Id.) Before step four, the ALJ found that Plaintiff had the residual functional

capacity (“RFC”) to perform work at a medium exertional level, subject to several limitations.1 (R. 23.) At step four, the ALJ concluded that Plaintiff was not capable of performing her past relevant work. (R. 32.) At step five, the ALJ found that, consider Plaintiff’s age, education, work experience, and her RFC, there were jobs that existed in significant numbers in the national economy that she could perform, including laundry worker, day worker, and general office clerk. (R. 32–33.) Because

of this determination, the ALJ found that Plaintiff was not disabled under the Act. (Id.)

DISCUSSION III. ALJ Standard Under the Act, a person is disabled if he 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

1 The ALJ RFC also provided that Plaintiff is: [L]imited to only occasionally working on ladders, ropes and scaffolds and no more than frequent climbing of ramps and stairs. Further, she must avoid more than moderate exposure to moving machinery and unprotected heights. Mentally, [Plaintiff] is limited to simple, routine, repetitive tasks in a work- environment free of fast paced production requirements that involve only simple, work-related decisions, with few, if any, work place changes. In addition, [Plaintiff] is limited to jobs involving only occasional with co- workers, supervisors and the general public. (R. 23.) can be expected to last for a continuous period of not less than twelve months.” 42 U.S.C. § 423(d)(1)(a). In order to determine whether a plaintiff is disabled, the ALJ considers the following five questions in order: (1) Is the plaintiff presently

unemployed? (2) Does the plaintiff have a severe impairment? (3) Does the impairment meet or medically equal one of a list of specific impairments enumerated in the regulations? (4) Is the plaintiff unable to perform his former occupation? and (5) Is the plaintiff unable to perform any other work? 20 C.F.R. § 416.920(a)(4). An affirmative answer at either step three or step five leads to a finding that

the plaintiff is disabled. Young v. Sec’y of Health & Human Servs., 957 F.2d 386, 389 (7th Cir. 1992). A negative answer to any remaining question precludes a finding of disability. Id. The plaintiff bears the burden of proof at steps one through four. Id. Once the plaintiff shows an inability to perform past work, the burden then shifts to the Commissioner to show the plaintiff’s ability to engage in other work existing in significant numbers in the national economy. Id. IV. Judicial Review

Section 405(g) provides in relevant part that “[t]he findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive.” 42 U.S.C. § 405(g). Judicial review of the ALJ's decision is limited to determining whether the ALJ's findings are supported by substantial evidence or based upon legal error. Clifford v. Apfel, 227 F.3d 863, 869 (7th Cir. 2000); Stevenson v. Chater, 105 F.3d 1151, 1153 (7th Cir. 1997). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401 (1971); Skinner v. Astrue, 478 F.3d 836, 841 (7th Cir. 2007). This Court may not substitute its

judgment for that of the Commissioner by reevaluating facts, reweighing evidence, resolving conflicts in evidence, or deciding questions of credibility. Skinner, 478 F.3d at 841; see also Elder v. Astrue, 529 F.3d 408, 413 (7th Cir.

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Bluebook (online)
Eddy v. Berryhill, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eddy-v-berryhill-ilnd-2018.