John S. v. Frank Bisignano, Commissioner of Social Security

District Court, N.D. Illinois·Decided April 15, 2026·No. 1:25-cv-02022·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

JOHN S.,1 ) ) Plaintiff, ) ) No. 25-cv-2022 v. ) ) Magistrate Judge Laura K. McNally FRANK BISIGNANO, ) Commissioner of ) Social Security,2 ) ) Defendant. )

ORDER3

Before the Court is Plaintiff John S.’s motion and brief in support of reversing the Administrative Law Judge’s (“ALJ”) decision denying his disability benefits application (Dkt. 16: Pl. Br. in Supp. of Rev. the Comm.’s Decision, “Pl. Br.”), and Defendant’s memorandum in support of motion for summary judgment (Dkt. 17: Def. Mem. in Supp. of Mot. for Summ. J., “Def. Mem.”), and Plaintiff’s reply (Dkt. 28: Plaintiff’s Reply Brief, “Pl. Reply”).

1 The Court in this order is referring to Plaintiff by her first name and first initial of her last name in compliance with Internal Operating Procedure No. 22 of this Court. 2 The Court substitutes Frank Bisignano for his predecessor(s) as the proper defendant in this action pursuant to Federal Rule of Civil Procedure 25(d) (a public officer’s successor is automatically substituted as a party). 3 On March 5, 2025, by consent of the parties and pursuant to 28 U.S.C. § 636(c) and Local Rule 73.1, this case was reassigned to the magistrate judge for all proceedings, including entry of final judgment. (Dkt. 8.) I. Procedural History Plaintiff applied for disability insurance benefits on July 21, 2021, alleging

disability beginning on July 20, 2021. (R. 15, 340-41.) Plaintiff’s date last insured was March 31, 2025. (R. 17, 393.) Plaintiff’s claims were denied initially on December 15, 2021, and upon reconsideration on June 17, 2022. (R. 128-48.) ALJ George Gaffaney held

a telephonic hearing on Plaintiff’s application on December 22, 2022 (R. 43-83) and on January 23, 2023 issued a written decision denying Plaintiff’s application (R. 155-81). On June 14, 2023, the Appeals Council vacated the decision and remanded the case to the

ALJ. (R. 182-87.) The ALJ then held a video hearing on January 2, 2024, where Plaintiff testified in the presence of his counsel. (R. 84-127.) On March 6, 2024, the ALJ issued a written decision denying Plaintiff’s application and finding him not disabled under the Social

Security Act.4 (R. 15-42.) This appeal followed. For the reasons discussed below, Plaintiff’s request is denied, and the Commissioner’s request is granted. II. The ALJ Decision

The ALJ applied the Social Security Administration’s five-step sequential evaluation process to Plaintiff’s claims. At Step One, the ALJ found that the Plaintiff had not engaged in substantial gainful activity since his alleged onset date. (R. 17.) At Step

4 The Appeals Council subsequently denied review of the ALJ’s decision (R. 1-6), making the ALJ’s decision the final decision of the Commissioner. Bertaud v. O’Malley, 88 F.4th 1242, 1244 (7th Cir. 2023). Two, the ALJ determined that Plaintiff had the severe impairments of degenerative disc disease status post cervical spine fusion, arthritis, degenerative joint disease of the right

knee status post arthroscopy, bilateral hip arthroplasty, status post right shoulder surgery, status post left shoulder replacement, coronary artery disease, neuropathy, status post right carpal tunnel syndrome (CTS) release surgery, and left knee arthritis

(status post total knee replacement in January 2023). (R. 17-20.) The ALJ also found that Plaintiff had medically determinable but nonsevere mental impairments of anxiety and depression. (R. 18.)

Because Plaintiff's claimed impairments of anxiety and depression are mental impairments, the ALJ evaluated their severity against the four “Paragraph B” functional areas as required in the regulations. The ALJ concluded that Plaintiff had only mild limitations in each of the four “Paragraph B” categories: understanding, remembering,

or applying information; interacting with others; concentration, persistence, and pace; and adapting or managing oneself. (R. 18-20.) At Step Three, the ALJ found that Plaintiff’s impairments did not meet or

medically equal a statutory Listing. (R. 20-23.) Before Step Four, the ALJ found that Plaintiff had the residual functional capacity (“RFC”) to perform sedentary work, except that he could: [L]ift and/or carry 10 pounds occasionally and 5 pounds frequently; can stand and/or walk 2 hours in an 8-hour workday and sit 6 hours in an 8- hour workday (with normal break periods); can occasionally climb ramps and stairs, occasionally balance, stoop, kneel, crouch, and crawl, frequent reaching bilaterally, frequent right upper extremity handling and fingering, never climb ladders, ropes, or scaffolds, and avoid hazards such as unprotected heights or dangerous moving machinery.

(R. 23.)

At Step Four, the ALJ found that Plaintiff was capable of performing his past relevant work as an admitting clerk and as an order clerk as those jobs are generally performed. (R. 34-35.) Accordingly, the ALJ concluded that Plaintiff was not disabled. (R. 35.) III. Legal Standard Under the Social Security Act, a person is disabled if he 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 “steps” in order: (1) Is the claimant engaging in substantial gainful activity? (2)

Does the plaintiff have a severe impairment or combination of impairments? (3) Does the claimant’s impairment(s) meet or medically equal one of the impairments listed in the regulations? (4) Is the claimant able to perform his past relevant work? and (5) Is the claimant able to adjust to any other work? 20 C.F.R. § 404.1520(a)(4). Between Steps Three and Four, the ALJ determines the claimant’s RFC, which is defined as the most a claimant can do despite his or her limitations. 20 C.F.R. § 404.1545(a)(1).

If the claimant is engaging in substantial gainful activity under Step One, does not have an impairment or combination of impairments as described at Step Two, can perform past relevant work under Step Four, or can adjust to other work under Step

Five, then the claimant is not disabled. See 20 C.F.R. §§ 404.1520(a)(4)(i), (ii), (iv), (v). If the claimant has an impairment that meets or equals the requirements of Step Three or is incapable of adjusting to other work under Step Five, then the claimant is

disabled. See 20 C.F.R. §§ 404.1520(a)(4)(iii),(v). The claimant has the burden of proof at Steps One through Four. Mandrell v. Kijakazi, 25 F.4th 514, 516 (7th Cir. 2022). At Step Five, the burden shifts to the Commissioner. Id. The Court does not “merely rubber stamp the ALJ's decision on judicial review.”

Prill v. Kijakazi, 23 F.4th 738

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John S. v. Frank Bisignano, Commissioner of Social Security, (N.D. Ill. 2026).

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