Heldenbrand v. Commissioner of Social Security

CourtDistrict Court, S.D. Illinois
DecidedSeptember 15, 2022
Docket3:21-cv-00238-SMY
StatusUnknown

This text of Heldenbrand v. Commissioner of Social Security (Heldenbrand 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
Heldenbrand v. Commissioner of Social Security, (S.D. Ill. 2022).

Opinion

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

CURTIS H., ) ) Plaintiff, ) ) vs. ) Case No. 21-CV-238-SMY ) KILOLO KIJAKAZI, ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant. )

MEMORANDUM AND ORDER

YANDLE, District Judge:

In accordance with 42 U.S.C. § 405(g), Plaintiff Curtis H. seeks judicial review of the final agency decision denying his application for Disability Insurance Benefits (“DIB”) pursuant to 42 U.S.C. § 423. Procedural History Plaintiff applied for DIB on December 7, 2018, alleging a disability onset date of December 23, 2017 (Tr. 248-250, 379-380). His claim was denied initially on March 29, 2019 (Tr. 246, 268-271) but approved on reconsideration on October 20, 2019 (Tr. 267, 280-282). Upon reconsideration, Plaintiff was found to be disabled from August 26, 2019, not December 23, 2017 (Tr. 282). Disagreeing with this aspect of the determination, Plaintiff requested an evidentiary hearing which took place on June 9, 2020 (Tr. 204, 288, 290). Following the hearing, an Administrative Law Judge (“ALJ”) denied Plaintiff’s application on July 9, 2020, finding that Plaintiff was “not disabled” for the entirety of the period since December 23, 2017 (Tr. 182-195). The Appeals Council denied Plaintiff’s request for review on December 28, 2020, making the ALJ’s decision the final agency decision subject to judicial review (Tr. 1). Issues Raised by Plaintiff

Plaintiff raises the following issues for judicial review: 1. The ALJ erred by independently interpreting the October 2019 MRI of Plaintiff’s lumbar spine. 2. The ALJ erred by failing to account for Plaintiff’s lumbar spine in formulating his Residual Functional Capacity (“RFC”) determination. 3. The ALJ failed to resolve a conflict between the testimony of the Vocational Expert (“VE”) and the Dictionary of Occupational Titles (“DOT”) regarding the job of

cardiac monitor technician. Legal Standard To qualify for DIB, a claimant must be disabled within the meaning of the applicable statutes. Under the Social Security Act, a person is disabled if he or 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). In determining whether a claimant is disabled, the ALJ considers the following five 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 or her 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). “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). Thus, the Court is not tasked with determining whether Plaintiff was 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). Substantial evidence is “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 Court considers the entire administrative record, but 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). At the same time, judicial review is not abject; the Court does not act as a

rubber stamp for the Commissioner. See Parker v. Astrue, 597 F.3d 920, 921 (7th Cir. 2010). Decision of the ALJ The ALJ followed the five-step analytical framework with respect to Plaintiff’s application. He determined that Plaintiff had not worked at the level of substantial gainful activity since the alleged onset date despite an unsuccessful work attempt (Tr. 185). He found that Plaintiff suffered from the following impairments: coronary artery disease and supraventricular tachycardia; history of coronary artery bypass surgery; chronic pain syndrome; asthma; obstructive sleep apnea; intercostal neuropathy; and degenerative disc disease (Tr. 185). He concluded that Plaintiff 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 (Tr. 187). The ALJ analyzed the medical documentation and disability standard with respect to Plaintiff’s spine and noted: To satisfy listing 1.04 (disorders of the spine), the disorder must result in the compromise of a nerve root or the spinal cord with evidence of nerve root compression characterized by neuroanatomic distribution of pain, limitation of motion of spine, motor loss, accompanied by sensory or reflex loss, and if there is involvement of the back, positive straight-leg raising test; or spinal arachnoiditis, confirmed by an operative note, pathology report, appropriate medically acceptable imaging, manifested by severe burning or painful dysesthesia, resulting in the need for changes in position or posture more than once every 2 hours; or lumbar spinal stenosis resulting in pseudoclaudication, established by findings on appropriate medically acceptable imaging, manifested by chronic nonradicular pain and weakness, and resulting in inability to ambulate effectively. Imaging showed mild lumbar spondylosis with mild degenerative changes at L4-5. There was a mild disc bulge noted with lateral recess stenosis on the left and evidence of bilateral facet effusions at L3-4 and L4-5. There was no central canal stenosis noted (24F/5; 26F/5). The claimant also had no spinal tenderness, full range of motion, and normal gait and station and balance (7F/6; 11F/26; 13F/2; 24F/4, 8; 26F/4, 8).

(Tr. 187) Based on the opinions of the state agency physicians regarding Plaintiff’s chest and heart issues, the ALJ determined that Plaintiff had the following Residual Functional Capacity (“RFC”): Sedentary work as defined in 20 CFR 404

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Heldenbrand v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heldenbrand-v-commissioner-of-social-security-ilsd-2022.