Houser v. Social Security

CourtDistrict Court, N.D. Illinois
DecidedJanuary 8, 2025
Docket3:21-cv-50397
StatusUnknown

This text of Houser v. Social Security (Houser v. Social Security) 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
Houser v. Social Security, (N.D. Ill. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION Galen H., ) ) Plaintiff, ) ) Case No. 3:21-cv-50397 v. ) ) Magistrate Judge Margaret J. Schneider Carolyn W. Colvin, ) Acting Commissioner of Social Security,1 ) ) Defendant. )

MEMORANDUM OPINION AND ORDER Plaintiff Galen H. brings this action under 42 U.S.C. § 405(g) seeking reversal or a remand of the decision denying his application for supplemental security income.2 For the reasons set forth below, the Commissioner’s decision is affirmed.

I. Background In May 2019, Plaintiff filed an application for supplemental security income, alleging a disability beginning on February 1, 2006, because of fibromyalgia, psoriatic arthritis, chronic migraines, and back pain noting that he previously had a lumbar discectomy and fusion. R. 212, 255.3 Plaintiff stopped working on his alleged onset date because he went to prison,4 but he asserted that his conditions would have stopped him from working as of January 2008. R. 255. Plaintiff was 51 years old at the time he filed his application.

Following a hearing, an administrative law judge (“ALJ”) issued a decision in March 2021, finding that Plaintiff was not disabled. R. 21–31. The ALJ found that Plaintiff had the following severe impairments: generalized pustular psoriasis; psoriatic spondyloarthritis; degenerative joint disease of the cervical and lumbar spine; headaches; and history of neurogenic claudication. The ALJ determined that Plaintiff’s impairments did not meet or medically equal a listed impairment. The ALJ concluded that Plaintiff had the residual functional capacity (“RFC”) to perform light work with certain restrictions. The ALJ determined that Plaintiff had no past relevant work, but

1 Martin J. O’Malley resigned as Commissioner of the Social Security Administration on November 29, 2024, and Carolyn W. Colvin has taken over as Acting Commissioner. Carolyn W. Colvin is substituted for Martin J. O’Malley pursuant to Federal Rule of Civil Procedure 25(d). 2 The parties have consented to the jurisdiction of a United States Magistrate Judge for all proceedings pursuant to 28 U.S.C. § 636(c). Dkt. 5. 3 Plaintiff previously received an unfavorable decision finding him not disabled from his alleged onset date through November 2018, and the ALJ found no basis to reopen his prior applications. R. 21–22. Additionally, Plaintiff’s date last insured for disability insurance benefits was in December 2007. Id. 4 Plaintiff was in prison from 2006 until August 2018. R. 52–53. that there were other jobs that existed in significant numbers in the national economy that he could perform, namely light, unskilled jobs.

After the Appeals Council denied Plaintiff’s request for review on September 7, 2021, R. 1, Plaintiff filed the instant action. Dkt. 1.

II. Standard of Review The reviewing court evaluates the ALJ’s determination to establish whether it is supported by “substantial evidence,” meaning “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Moore v. Colvin, 743 F.3d 1118, 1120-21 (7th Cir. 2014) (quoting Richardson v. Perales, 402 U.S. 389, 401 (1971)). While substantial evidence is “more than a mere scintilla, . . . the threshold for such evidentiary sufficiency is not high.” Biestek v. Berryhill, 587 U.S. 97, 103 (2019) (internal quotation marks and citation omitted). The substantial evidence standard is satisfied when the ALJ provides “an explanation for how the evidence leads to their conclusions that is sufficient to allow us, as a reviewing court, to assess the validity of the agency’s ultimate findings and afford [the appellant] meaningful judicial review.” Warnell v. O’Malley, 97 F.4th 1050, 1052 (7th Cir. 2024) (internal quotation marks and citation omitted). An ALJ “need not specifically address every piece of evidence but must provide a logical bridge between the evidence and [the] conclusions.” Bakke v. Kijakazi, 62 F.4th 1061, 1066 (7th Cir. 2023) (internal quotation marks and citation omitted); see also Warnell, 97 F.4th at 1054.

The court will only reverse the decision of the ALJ “if the record compels a contrary result.” Gedatus v. Saul, 994 F.3d 893, 900 (7th Cir. 2021) (internal quotation marks and citation omitted). The court is obligated to “review the entire record, but [the court does] not replace the ALJ’s judgment with [its] own by reconsidering facts, reweighing or resolving conflicts in the evidence, or deciding questions of credibility. . . . [The court’s] review is limited also to the ALJ’s rationales; [the court does] not uphold an ALJ’s decision by giving it different ground to stand upon.” Jeske v. Saul, 955 F.3d 583, 587 (7th Cir. 2020).

III. Discussion Plaintiff challenges the ALJ’s decision, arguing that the ALJ: (1) improperly rejected the opinion of his treating physician; and (2) improperly evaluated his subjective symptoms. As detailed below, the Court finds that the ALJ’s decision is supported by substantial evidence.

A. Treating Physician Opinion

Plaintiff argues that the ALJ improperly discounted the opinion from his treating rheumatologist, Dr. Stephen Kozlowski. Specifically, Plaintiff argues that the ALJ failed to provide a meaningful discussion of the objective evidence Dr. Kozlowski relied on to support his opinion and that the limitations Dr. Kozlowski proposed were consistent with the evidence in the record.

The Commissioner responds that the ALJ properly considered the relevant evidence and reasonably determined that Dr. Kozlowski’s opinion was internally inconsistent, unsupported by his own treatment notes, and inconsistent with the evidence in the record. Notably, Plaintiff has failed to file a reply brief in this case, despite filing a response to Defendant’s notice of supplemental authority. See Dkt. 24. Plaintiff’s failure to respond to the Commissioner’s arguments constitutes forfeiture. See, e.g., Bonte v. U.S. Bank, N.A., 624 F.3d 461, 466 (7th Cir. 2010) (explaining that failing to respond to an argument in a response brief results in waiver). Nevertheless, even addressing Plaintiff’s arguments, the Court finds no error in the ALJ’s evaluation of Dr. Kozlowski’s opinion.

Because Plaintiff’s claim was filed after March 27, 2017, the ALJ was required to evaluate Dr. Kozlowski’s opinion under the regulations set out in 20 C.F.R. § 416.920c. Under these regulations, the ALJ evaluates the persuasiveness of all medical source opinions using the following factors: supportability, consistency, relationship with the claimant, specialization, and any other factors which tend to support or contradict the medical opinion. 20 C.F.R. § 416.920c(c).

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Houser v. Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houser-v-social-security-ilnd-2025.