Jones v. Commissioner of Social Security

District Court, N.D. Indiana·Decided May 21, 2025·No. 1:24-cv-00252·Unknown

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION MICHELLE R. JONES, ) ) Plaintiff, ) ) v. ) CAUSE NO. 1:24-cv-00252-SLC ) COMMISSIONER OF SOCIAL ) SECURITY, sued as Leland Dudek, ) Acting Commissioner of the Social ) Security Administration,1 ) ) Defendant. ) OPINION AND ORDER Plaintiff Michelle R. Jones appeals to the district court from a final decision of the Commissioner of Social Security (“Commissioner”) denying her application under the Social Security Act (the “Act”) for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”). (ECF 1). For the following reasons, the Commissioner’s decision will be AFFIRMED. I. FACTUAL AND PROCEDURAL HISTORY Jones applied for DIB and SSI in August 2020, alleging disability as of August 31, 2019. (ECF 9 Administrative Record (“AR”) 25, 208, 215).2 Jones’s claim was denied initially and upon reconsideration. (AR 25). On October 27, 2021, administrative law judge (“ALJ”) Genevieve Adamo conducted an administrative hearing (AR 41-62), and on December 14, 2021, 1 Leland Dudek became the Acting Commissioner of Social Security on February 16, 2025, and thus, pursuant to Federal Rule of Civil Procedure 25(d), he is automatically substituted for Martin O’Malley as the defendant in this suit. See Michael A. v. Dudek, No. 1:22-cv-5422, 2025 WL 552464, at *1 n.1 (N.D. Ill. Feb. 19, 2025). 2 The AR page numbers cited herein correspond to the ECF-generated page numbers displayed at the top center of the screen when the AR is open in ECF, rather than the page numbers printed in the lower right corner of each page. rendered an unfavorable decision to Jones, concluding that she was not disabled because she could perform a significant number of light-exertional jobs in the national economy despite the limitations caused by her impairments (AR 25-35). The Appeals Council denied Jones’s request for review (AR 9-15), and on September 2, 2022, Jones appealed the ALJ’s decision to the

District Court (AR 632-36). On May 23, 2023, the Court reversed the ALJ’s decision and remanded the case. (AR 693-98). Once remanded, the case was consolidated with subsequent new applications for DIB and SSI that Jones had filed in July 2022. (AR 702; see AR 863, 873). On December 7, 2023, ALJ Meredith Jacques conducted an administrative hearing (AR 571- 605), and on February 22, 2024, that ALJ also rendered Jones an unfavorable decision (AR 536- 60). The ALJ’s decision became the final decision of the Commissioner. See 20 C.F.R. §§ 404.981, 416.1481. On June 20, 2024, Jones filed a complaint in this Court appealing the Commissioner’s final decision. (ECF 1). In her opening brief, Jones argues that the ALJ did not create a logical bridge

from the evidence of record—in particular, the physical therapy notes and evidence of her cervical impairments, and her exertional capacity—to the assigned residual functional capacity (“RFC”). (See ECF 18 at 8-14). On the date of the Commissioner’s final decision, Jones was forty-nine years old (AR 208, 560); had an eighth or ninth grade education, with some special education classes (AR 236, 577); and had past relevant work as a cashier II (AR 59, 557; see also AR 242). Jones alleges she suffers from the following conditions: cervical deformities, including loss of lordosis, moderate disc narrowing at C5-6 with joint spurring, severe foraminal stenosis at C6-7, mild foraminal

narrowing at C5-6; severe persistent depressive disorder with anxious distress; migraines with aura; gastroesophageal reflux disease (GERD); neuropathy; post-traumatic stress disorder 2 (PTSD); anxiety; polyarthralgia; class 3 severe obesity; psychophysiologic insomnia; bilateral knee lateral pressure in flexion with patellofemoral syndrome; and moderately severe obstructive sleep apnea. (ECF 18 at 5-6). II. STANDARD OF REVIEW

Section 405(g) of the Act grants this Court the “power to enter, upon the pleadings and transcript of the record, 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). The Court’s task is limited to determining whether the ALJ’s factual findings are supported by substantial evidence, which means “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Schmidt v. Barnhart, 395 F.3d 737, 744 (7th Cir. 2005) (citation omitted). The decision will be reversed “only if [it is] not supported by substantial evidence or if the Commissioner applied an erroneous legal standard.” Clifford v. Apfel, 227 F.3d

863, 869 (7th Cir. 2000) (citation omitted). To determine if substantial evidence exists, the Court “review[s] the entire administrative record, but do[es] not reweigh the evidence, resolve conflicts, decide questions of credibility, or substitute [its] own judgment for that of the Commissioner.” Id. (collecting cases). “Rather, if the findings of the Commissioner . . . are supported by substantial evidence, they are conclusive.” Jens v. Barnhart, 347 F.3d 209, 212 (7th Cir. 2003) (citation omitted). “In other words, so long as, in light of all the evidence, reasonable minds could differ concerning whether [the claimant] is disabled, we must affirm the ALJ’s decision denying benefits.” Books v. Chater, 91 F.3d 972, 978 (7th Cir. 1996).

3 III. ANALYSIS A. The Law Under the Act, a claimant seeking DIB or SSI must establish that she is “unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental

impairment . . . which has lasted or can be expected to last for a continuous period of not less than twelve months.” 42 U.S.C. § 1382c(a)(3)(A); see also id. §§ 416(i)(1), 423(d)(1)(A). A physical or mental impairment is “an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.” Id. §§ 423(d)(3), 1382c(a)(3)(D). The Commissioner evaluates disability claims pursuant to a five-step evaluation process, requiring consideration of the following issues, in sequence: (1) whether the claimant is currently unemployed in substantial gainful activity, (2) whether she has a severe impairment, (3) whether her impairment is one that the Commissioner considers conclusively disabling, (4) whether she is

incapable of performing her past relevant work, and (5) whether she is incapable of performing any work in the national economy. Dixon v. Massanari, 270 F.3d 1171, 1176 (7th Cir. 2001); see also 20 C.F.R. §§ 404.1520, 416.920.3 “[A]n affirmative answer leads either to the next step, or, on Steps 3 and 5, to a finding that the claimant is disabled.” Zurawski v. Halter, 245 F.3d 881, 886 (7th Cir. 2001) (citation omitted).

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