Kabroo v. Commissioner of Social Security

CourtDistrict Court, N.D. Illinois
DecidedNovember 12, 2024
Docket3:23-cv-50372
StatusUnknown

This text of Kabroo v. Commissioner of Social Security (Kabroo v. Commissioner of 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
Kabroo v. Commissioner of Social Security, (N.D. Ill. 2024).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

JAMAL K.,1 ) ) Plaintiff, ) No. 3:23-cv-50372 ) v. ) Magistrate Judge Keri L. Holleb Hotaling ) MARTIN J. O’MALLEY, Commissioner ) of the Social Security Administration, ) ) Defendant. )

MEMORANDUM OPINION AND ORDER Plaintiff Jamal K. appeals the decision of the Commissioner denying his application for supplemental security income (“SSI”). The parties have filed cross motions for summary judgment.2 As detailed below, Plaintiff’s motion for summary judgment [Dkt. 12] is DENIED and Defendant’s motion for summary judgment [Dkt. 20] is GRANTED. The final decision of the Commissioner denying benefits is affirmed. 1. SOCIAL SECURITY REGULATIONS AND STANDARD OF REVIEW According to the Social Security Act (the “Act”), a person is disabled if they are unable “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than twelve months.” 42 U.S.C. § 423(d)(1). To determine whether an individual is disabled, an Administrative Law Judge (“ALJ”) must apply a sequential five-step test. See 20 C.F.R. § 404.1520(a). The ALJ must evaluate whether: (1) the claimant is presently employed; (2) the claimant has a severe impairment or combination of impairments; (3) the claimant’s impairment meets or equals any

1 In accordance with Northern District of Illinois Internal Operating Procedure 22, the Court refers to Plaintiff only by his first name and the first initial of his last name(s). 2 The Court construes “Plaintiff’s Brief in Support of Social Security Appeal” [Dkt. 12] and “Defendant’s Memorandum in Support of Motion for Summary Judgment and Response to Plaintiff’s Motion for Summary Judgment” impairment listed in the regulations as being so severe as to preclude substantial gainful activity; (4) the claimant’s residual functional capacity leaves him unable to perform his past relevant work; and (5) the claimant is unable to perform any other work existing in significant numbers in the national economy.

Langley v. O’Malley, No. 22-cv-3008, 2024 WL 3649021, at *2 (7th Cir. Aug. 5, 2024) (citation omitted). The burden of proof is on the claimant for the first four steps. Id. at *3. At Step Five, the burden shifts to the agency to show that “there are significant numbers of jobs in the national economy for someone with the claimant’s abilities and limitations.” Ruenger v. Kijakazi, 23 F.4th 760, 761 (7th Cir. 2022) (citing 20 C.F.R. § 416.960(c)(2)). The Act requires all applicants to prove they are disabled as of their date last insured to be eligible for benefits. 20 C.F.R. § 404.131; Schloesser v. Berryhill, 870 F.3d 712, 717 (7th Cir. 2017). The Court’s scope of review is limited to deciding whether the final decision of the Commissioner of Social Security is based upon substantial evidence and the proper legal criteria. Stephens v. Berryhill, 888 F.3d 323, 327 (7th Cir. 2018); Hess v. O’Malley, 92 F.4th 671, 676 (7th Cir. 2024); see also 42 U.S.C. § 405(g). If there is substantial evidence in support of the determination, the Court must affirm even if “reasonable minds could differ.” Elder v. Astrue, 529 F.3d 408, 413 (7th Cir. 2018) (citation and quotation marks omitted). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion,” and “the threshold for such evidentiary sufficiency is not high.” Biestek v. Berryhill, 587 U.S. 97, 103 (2019) (citations omitted). This “lax” standard is satisfied when the ALJ “minimally articulate[s] his or her justification for rejecting or accepting specific evidence of a disability.” Berger v. Astrue, 516 F.3d 539, 545 (7th Cir. 2008) (citation and quotation marks omitted). Although the Court reviews the ALJ’s decision deferentially, the ALJ must nevertheless “build an accurate and logical bridge” between the evidence and their conclusion. Hess, 92 F.4th at 676. Yet an ALJ “need not address every piece or category of evidence identified by a claimant, fully summarize the record, or cite support for every proposition or chain of reasoning.” Warnell v. O’Malley, 97 F.4th 1050, 1053 (7th Cir. 2024). “All [that is] require[d] is that ALJs provide an explanation for how the evidence leads to their conclusions that is sufficient to allow [the] reviewing court, to assess the validity of the agency’s ultimate findings and afford the appellant meaningful judicial review.” Id. at 1054 (internal signals and citations omitted). Additionally, “[w]hen reviewing a disability decision for substantial evidence, [the Court] will not reweigh the evidence, resolve debatable evidentiary conflicts, determine credibility, or substitute [its] judgment for the ALJ’s determination so long as substantial evidence supports it.” Id. at 1052-53. 2. BACKGROUND

On September 16, 2020, Plaintiff filed an application for SSI, alleging disability beginning the same day. [Administrative Record (“R.”) 171, 201.] Plaintiff’s application was denied initially and upon reconsideration. [R. 72, 90.] Plaintiff appealed the denials and an ALJ subsequently held an Administrative Hearing. [R. 49-71.] On December 28, 2022, the ALJ issued a decision denying Plaintiff disability benefits. [R. 34-41.] At Step One of that decision, the ALJ found that Plaintiff had not engaged in substantial gainful activity since his application date. [R. 36.] At Step Two, the ALJ determined Plaintiff had several medically determinable impairments, but did not find any of them to be severe impairments. [R. 36-41.] Therefore, the ALJ ended his analysis at Step Two, and ALJ found Plaintiff not disabled as defined by the Act since the date of his application. [R. 41.] Plaintiff then requested and was denied Appeals Council review [R. 1-14], rendering the Decision of the Appeals

Council the final decision of the Commissioner, reviewable by the District Court under 42 U.S.C. § 405(g). See 20 C.F.R. § 404.981; Haynes v. Barnhart, 416 F.3d 621, 626 (7th Cir. 2005). Plaintiff subsequently brought this action challenging the ALJ’s decision. [Dkt. 1.] 3. DISCUSSION Plaintiff contends the ALJ’s December 28, 2022 decision requires remand because the ALJ (1) erred at Step Two of his analysis, when he failed to find Plaintiff suffered from any severe impairments; (2) improperly evaluated the opinions of Samantha J. Reynolds, FNP-C; and (3) improperly evaluated Plaintiff’s subjective symptoms.

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Bluebook (online)
Kabroo v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kabroo-v-commissioner-of-social-security-ilnd-2024.