Fody v. Colvin

169 F. Supp. 3d 804, 2015 WL 2128434, 2015 U.S. Dist. LEXIS 58996
CourtDistrict Court, N.D. Illinois
DecidedMay 1, 2015
DocketNo. 14 c 3478
StatusPublished
Cited by1 cases

This text of 169 F. Supp. 3d 804 (Fody v. Colvin) 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
Fody v. Colvin, 169 F. Supp. 3d 804, 2015 WL 2128434, 2015 U.S. Dist. LEXIS 58996 (N.D. Ill. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

Elaine E. Bucklo, United States District Judge

This is plaintiffs second appeal of the Social Security Administration’s determination that she is not entitled to disability benefits. In May and June of 2009, plaintiff applied for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”), respectively. She alleged that she became disabled and had not worked since February 5, 2009, when she was 56 years old, due to arthritis, diabetes, three knee replacements, depression, anxiety, hip problems, neuropathy in the feet, kidney infections, and high blood pressure. R. 64, 76. After her application was denied and her administrative appeals exhausted, she brought a successful action in this court to reverse and remand the agency’s final decision. See Fody v. Astrue, No. 11 C 8926, 2013 WL 422882 (N.D.Ill. Feb. 4, 2013) (Schenkier, MJ). In granting plaintiffs motion for summary judgment in that case, Judge Schenkier noted that although the administrative law judge (“ALJ”) had “painstakingly” and “diligently reviewed a substantial volume of other evidence,” she had not considered the only report by plaintiffs treating physician, Dr. Samaraweera, that post-dated plaintiffs alleged onset date. Id. at *5. Judge Schenkier concluded that this omission amounted to reversible error because an ALJ must “consider all medical opinions in the record,” and especially those of a treating physician. Id. (quoting Roddy v. Astrue, 705 F.3d 631, 636 (7th Cir.2013).

On remand, plaintiffs applications for disability benefits were again denied on initial review, reconsideration, and in a March 10, 2014, decision that was issued following a second hearing before the same ALJ as rendered the agency’s first decision. This action ensued, and it is now before me on the parties’ cross-motions for summary judgment.1 For the reasons that [807]*807follow, I grant defendant’s motion and deny plaintiff’s.

I.

Pursuant to the Social Security Act, 42 U.S.C. § 405(g), I must affirm the ALJ’s decision if it is supported by substantial evidence and is free from legal error. Shideler v. Astrue, 688 F.3d 306, 310 (7th Cir.2012). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support [the agency’s] conclusion.” Id. (quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)). I may not “re-evaluate the facts, re-weigh the evidence, or substitute [my] own judgment” for that of the agency, Edwards v. Sullivan, 985 F.2d 334, 336 (7th Cir.1993), and if even reasonable minds could disagree on whether a claimant is disabled, I must affirm the agency’s decision denying benefits. Elder v. Astrue, 529 F.3d 408, 413 (7th Cir.2008).

To qualify for benefits, plaintiff must be “disabled” under the Act, meaning she must have an “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment ... which has lasted or can be expected to last for a continuous period of not less than twelve months.” 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A). To determine if a claimant is disabled, the ALJ must undertake the following five step analysis: (1) whether she is currently employed; (2) whether she has a severe impairment; (3) whether her impairment is one that the Commissioner considers conclusively disabling; (4) if plaintiff does not have a conclusively disabling impairment, whether she can perform her past relevant work; and (5) whether she is capable of performing any work in the national economy. See 20 C.F.R. §§ 404.1520(a), 416.920(a); Dixon v. Massanari, 270 F.3d 1171, 1176 (7th Cir.2001). Plaintiff has the burden at steps one through four, but the burden shifts to the Commissioner at step five. Zurawski v. Halter, 245 F.3d 881, 886 (7th Cir.2001).

In her second (i.e., post-remand) decision, the ALJ concluded at step one that plaintiff had not worked since her alleged onset date. She found at step two that plaintiff had multiple severe impairments, including degenerative joint disease of the bilateral knees, obesity, osteoarthritis of the left hip, peripheral arterial disease, and obesity when considered in combination with her other impairments. R. 599. She also determined that plaintiff had additional, non-severe impairments, including mental impairments, but concluded that these did not produce any work-related restrictions. R. 600. At step three, the ALJ concluded that plaintiff did not suffer from a conclusively disabling impairment. R. 601. She then concluded, at step four, that plaintiff had the residual functional capacity (“RFC”) to perform sedentary work, with certain restrictions, such as on climbing, kneeling, crouching, etc., and that she was capable of performing past relevant work as a front desk receptionist as she actually performed it and as it is generally performed, as well as past relevant work as a loan clerk as that position is generally performed. R. 602, 607.

The ALJ based these findings on the written record, which included medical evidence and reports submitted in the first round of administrative review (including the previously-overlooked, October 2009 report of Dr. Samaraweera), as well as additional evidence that was obtained in the intervening period. She also considered, in addition to plaintiffs testimony, the testimony of a medical expert, Dr. [808]*808Jilhewar, and a vocational expert, Ms. Bet-hell.

II.

Plaintiff challenges the ALJ’s decision on four grounds. First, she argues that the ALJ improperly weighed medical opinion evidence by failing to apply the mandatory checklist of factors set forth in 20 C.F.R. § 404.1527(c) when according greater weight to the opinion of- Dr. Jilhe-war, who testified as a medical expert but had not examined or treated plaintiff, than to the opinions of Dr. Ramaduri, plaintiffs treating physician, and Dr. Freeman, a reviewing physician who plaintiff claims had greater expertise than Dr. Jilhewar in fields relevant to plaintiffs impairments. Scrutiny reveals,' however, that plaintiffs complaint is not really that the ALJ failed to consider the factors set forth in the checklist (such as whether the physicians whose opinions she considered had an examining or treatment relationship with plaintiff, and whether the opinions are supported by, and consistent with, the record as a whole), but rather that the ALJ’s consideration of those factors should have resulted in a different conclusion.

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Bluebook (online)
169 F. Supp. 3d 804, 2015 WL 2128434, 2015 U.S. Dist. LEXIS 58996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fody-v-colvin-ilnd-2015.