Hayes v. Commissioner of Social Security

CourtDistrict Court, S.D. Illinois
DecidedSeptember 30, 2022
Docket3:20-cv-01224
StatusUnknown

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

Bluebook
Hayes v. Commissioner of Social Security, (S.D. Ill. 2022).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

LONDIAE N.H.,1 ) ) Plaintiff, ) ) vs. ) Case No. 3:20-CV-01224-MAB ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant.

MEMORANDUM AND ORDER

BEATTY, Magistrate Judge: In accordance with 42 U.S.C. § 405(g), Plaintiff seeks judicial review of the final agency decision denying her application for Disability Insurance Benefits (DIB) and supplemental security income (SSI) pursuant to 42 U.S.C. § 423.2 Procedural History Plaintiff applied for DIB and SSI on August 21, 2017, alleging in both a disability onset date of December 31, 2015 (Tr. 11). Plaintiff’s original application was initially denied on November 29, 2017 and upon reconsideration on April 25, 2018. Plaintiff filed a written request for hearing on June 11, 2018. Id. A video hearing was subsequently held on May 16, 2019. Id. The ALJ found Plaintiff not disabled after determining she retained

1 Plaintiff’s full name will not be used in this Memorandum and Order due to privacy concerns. See Fed. R. Civ. P. 5.2(c) and the Advisory Committee Notes thereto.

2 This case was assigned to the undersigned for final disposition upon consent of the parties pursuant to 28 U.S.C. §636(c) (See Doc. 20). the residual functional capacity to perform a range of sedentary work (Tr. 17-25). The Appeals Council denied Plaintiff’s request for review in 2020, making the ALJ’s decision

the final decision of the Commissioner. Plaintiff exhausted administrative remedies and filed a timely complaint with this Court. Issues Raised by Plaintiff Plaintiff filed a short brief at Doc. 27 (3 pages handwritten). She asserts generally that she has ailments that qualify her for disability benefits, and that her past work is no longer available to her because of her disabilities and ailments. She requests the

undersigned to “consider [her] claim and reverse the Administrative Law Judge decision” (Doc. 27, p. 3).3 Applicable Legal Standards

To qualify for DIB or SSI, a claimant must be disabled within the meaning of the applicable statutes.4 Under the Social Security Act, a person is disabled if she 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 can be expected to last for a continuous period of not less than twelve months.” 42 U.S.C. § 423(d)(1)(a). To determine whether a claimant is disabled, the ALJ considers the following five

3 Plaintiff is pro se here, and also appeared pro se at the agency level.

4 The statutes and regulations pertaining to DIB are found at 42 U.S.C. § 423, et seq., and 20 C.F.R. pt. 404. The statutes and regulations pertaining to SSI are found at 42 U.S.C. §§ 1382 and 1382c, et seq., and 20 C.F.R. pt. 416. As is relevant to this case, the DIB and SSI statutes are identical. Furthermore, 20 C.F.R. § 416.925 detailing medical considerations relevant to an SSI claim, relies on 20 C.F.R. Pt. 404, Subpt. P, the DIB regulations. Most citations herein are to the DIB regulations out of convenience. questions in order: (1) Is the claimant presently unemployed? (2) Does the claimant 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 claimant unable to perform his former occupation? and (5) Is the claimant unable to perform any other work? See 20 C.F.R. § 404.1520. An affirmative answer at either step 3 or step 5 leads to a finding that the claimant is disabled. A negative answer at any step, other than at step 3, precludes a finding of disability. The claimant bears the burden of proof at steps 1–4. Once the claimant shows

an inability to perform past work, the burden then shifts to the Commissioner to show the claimant’s ability to engage in other work existing in significant numbers in the national economy. Zurawski v. Halter, 245 F.3d 881, 886 (7th Cir. 2001). It is important to recognize that the scope of judicial review is limited. “The 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). Accordingly, this Court is not tasked with determining whether or not Plaintiff was, in fact, disabled at the relevant time, but whether the ALJ’s findings were supported by substantial evidence and whether any errors of law were made. Lopez ex rel. Lopez v. Barnhart, 336 F.3d 535, 539 (7th Cir. 2003). The Supreme Court defines substantial evidence as “such relevant evidence as a

reasonable mind might accept as adequate to support a conclusion.” Biestek v. Berryhill, 139 S. Ct. 1148, 1154 (2019) (internal citations omitted). In reviewing for “substantial evidence,” the entire administrative record is taken into consideration, but this Court does not reweigh evidence, resolve conflicts, decide questions of credibility, or substitute its own judgment for that of the ALJ. Burmester v. Berryhill, 920 F.3d 507, 510 (7th Cir. 2019). However, while judicial review is deferential,

it is not abject; this Court does not act as a rubber stamp for the Commissioner. See Parker v. Astrue, 597 F.3d 920, 921 (7th Cir. 2010), and cases cited therein. The Decision of the ALJ The ALJ followed the five-step analytical framework described above. He determined that Plaintiff had not engaged in substantial gainful activity since December 31, 2015, Plaintiff’s first onset date (Tr. 13).

Plaintiff was born on February 2, 1973 and was 42-years old on the disability onset date (Tr. 24). The ALJ found that Plaintiff had severe impairments of acquired pes valgus5 and equinus deformities bilaterally; posterior tibial tendon dysfunction of the left lower extremity; left foot hallux valgus with first MTP osteoarthritis and calcaneal spur; asthma; premature ventricular complexes and/or palpitations; and level one obesity (Tr. 13). The

ALJ concluded that these impairments did not meet or equal a listed impairment (Tr. 16) The ALJ found that Plaintiff had the RFC to perform light work as defined in 20 C.F.R. §404

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