Hearan v. Colvin

CourtDistrict Court, N.D. Illinois
DecidedJuly 9, 2018
Docket1:17-cv-00542
StatusUnknown

This text of Hearan v. Colvin (Hearan 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
Hearan v. Colvin, (N.D. Ill. 2018).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ANNETTE HEARAN, Claimant, No. 17 C 0542

Magistrate Judge Jeffrey T. Gilbert NANCY A. BERRYHILL, Acting Commissioner of Social Security,! Respondent.

MEMORANDUM OPINION AND ORDER Claimant Annette Hearan (“Claimant”) seeks review of the final decision of Respondent Nancy A. Berryhill, Acting Commissioner of Social Security (“Commissioner”), denying Claimant’s applications for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”) under Titles II and XVI of the Social Security Act (“Act”). Pursuant to 28 U.S.C. § 636(c) and Local Rule 73.1, the parties have consented to the jurisdiction of a United States Magistrate Judge for all proceedings, including entry of final judgment. [ECF No. 8.] The parties have filed cross-motions for summary judgment [ECF Nos. 13 and 20] pursuant to Federal Rule of Civil Procedure 56. This Court has jurisdiction pursuant to 42 U.S.C. §§ 1383(c) and 405(g). For the reasons stated below, Claimant’s Motion for Summary J udgment [ECF No. 13] is granted, and the Commissioner’s Motion [ECF No. 20] is denied. This matter is remanded for further proceedings consistent with this Memorandum Opinion and Order.

! Nancy A. Berryhill is substituted for her predecessor, Carolyn W. Colvin, pursuant to Federal Rule of Civil Procedure 25(d),

I, PROCEDURAL HISTORY Claimant filed her claim for SSI on April 2, 2013, and her claim for DIB on October 28, 2013. (R. 19). In both applications, Claimant alleged disability beginning June 22, 2012. □□□□ These applications were denied initially and upon reconsideration, after which Claimant requested an administrative hearing before an administrative law judge (“ALJ”). Ud.) On July 6, 2015, Claimant was represented by counsel and appeared and testified at a hearing before ALJ Jose Anglada. (R. 35-104.) The ALJ also heard testimony from vocational expert (“VE”) Grace Gianforte. Cd.) On September 9, 2015, the ALJ denied Claimant’s claims for DIB and SSI, based on a finding that she was not disabled under the Act. (R. 19-29.) The opinion followed the five-step evaluation process required by Social Security Regulations (“SSR”)? 20 CER. § 404.1520. At step one, the ALJ found that Claimant had not engaged in substantial gainful activity (“SGA”) since her alleged onset date of June 22, 2012. (R. 21.) At step two, the ALJ found that Claimant had the severe impairments of obesity and loss of vision. (/d.) At step three, the ALJ found that Claimant did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments in 20 C.F.R. Part 404 Subpart P., Appendix 1. (R. 24.) The ALJ then assessed Claimant’s residual functional capacity (“RFC”) and concluded:

2 SSRs “are interpretive rules intended to offer guidance to agency adjudicators. While they do not have the force of law or properly promulgated notice and comment regulations, the agency makes SSRs binding on all components of the Social Security Administration.” Nelson v. Apfel, 210 F.3d 799, 803 (7th Cir, 2000); see 20 C.F.R. § 402.35(b)(1). Although the Court is “not invariably bound by an agency’s policy statements,” the Court “generally defer[s] to an agency’s interpretations of the legal regime it is charged with administrating.” Liskowitz v, Astrue, 559 F.3d 736, 744 (7th Cir, 2009). 3 Before proceeding from step three to step four, the ALJ assesses a claimant’s residual functional capacity. 20 C.F.R. §§ 404,1520(a)(4), 416.920(a)(4). “The RFC is the maximum that a claimant can

[Claimant] has the residual functional capacity to lift and carry no more than 50 pounds occasionally and 25 pounds frequently, can be on her feet standing/walking about 6 hours in an 8-hour workday with normal rest periods; can sit about 6 hours with normal rest periods; unable to work at heights or frequently climb ladders; should avoid operation of moving or dangerous machinery; visual acuity in the worse eye, the right eye, is 20/50 which allows her to read 8 point font. (R. 24.) Based on this RFC, the ALJ determined at step four that Claimant was capable of performing her past relevant work as a certified nurse assistant (“CNA”) and as a collections clerk. (R. 28.) Therefore, the ALJ found that Claimant had not been under a disability from June 22, 2012, the alleged onset date, through the date of the decision. (R. 28.) The Appeals Council declined to review the matter on November 29, 2016, making the ALJ’s decision the final decision of the Commissioner and, therefore, reviewable by this Court under 42 U.S.C. § 405(g). See Haynes v. Baumhart, 416 F.3d 621, 626 (7th Cir, 2005). Il. STANDARD OF REVIEW A decision by an ALJ becomes the Commissioner’s final decision if the Appeals Council denies a request for review. Sims vy. Apfel, 530 U.S. 103, 106-07 (2000). Under such circumstances, the district court reviews the decision of the ALJ. Ud.) Judicial review is limited

to determining whether the decision is supported by substantial evidence in the record and whether the ALJ applied the correct legal standards in reaching his or her decision, Nedms v. Astrue, 553 F.3d 1093, 1097 (7th Cir, 2009). The reviewing court may enter a judgment “affirming, modifying, or reversing the decision of the [Commissioner], with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 42 U.S. 389, 401 (1971). A “mere i still do despite his mental and physical limitations.” Craft v. Astrue, 539 F.3d 668, 675-76 (7th Cir. 2008).

scintilla” of evidence is not enough. Scott v. Barnhart, 297 F.3d 589, 593 (7th Cir. 2002). Even where there is adequate evidence in the record to support the decision, the findings will not be upheld if the ALJ does not “build an accurate and logical bridge from the evidence to the conclusion.” Berger v. Astrue, 516 F.3d 539, 544 (7th Cir. 2008). In other words, if the Commissioner’s decision lacks evidentiary support or adequate discussion of the issues, it cannot stand, Villano v. Astrue, 556 F.3d 558, 562 (7th Cir. 2009). Though the standard of review is deferential, a reviewing court must “conduct a critical review of the evidence” before affirming the Commissioner’s decision. Eichstadt v. Astrue, 534 F.3d 663, 665 (7th Cir. 2008).

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Hearan v. Colvin, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hearan-v-colvin-ilnd-2018.