Katoll-Koons v. Saul

CourtDistrict Court, N.D. Illinois
DecidedDecember 3, 2019
Docket3:18-cv-50375
StatusUnknown

This text of Katoll-Koons v. Saul (Katoll-Koons v. Saul) 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
Katoll-Koons v. Saul, (N.D. Ill. 2019).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION

BARBARA K. K.,1 ) No. 18 CV 50375 ) Plaintiff, ) Magistrate Judge Iain D. Johnston ) v. ) ) ANDREW SAUL, ) Commissioner of Social Security, ) ) Defendant. )

MEMORANDUM OPINION AND ORDER

Plaintiff Barbara K. K. brings this action under 42 U.S.C. § 405(g) seeking remand of the decision denying her social security benefits. For the reasons below, Plaintiff’s motion for summary judgment is denied, the Commissioner’s motion for summary judgment is granted, and the ALJ’s decision is affirmed. I. BACKGROUND Plaintiff filed the application for disability benefits subject to this appeal on May 8, 2015.2 R. 242. She alleged a June 18, 2010 disability onset date caused by Hashimoto thyroiditis,3 spinal stenosis, arm impairments, fibromyalgia, digestive issues, and vertigo. R. 271. She later amended her alleged onset date to April 28, 2012. R. 17, 96-97. She alleged that she stopped working because of her impairments on June 18, 2010. R. 271. Plaintiff’s date last

1 Plaintiff’s last name has been redacted in accordance with Internal Operating Procedure 22. 2 Plaintiff previously filed a disability application that was ultimately denied on April 27, 2012. R. 96-97. That determination is not the subject of this appeal. 3 Hashimoto thyroiditis is defined as “diffuse infiltration of the thyroid gland with lymphocytes, resulting in diffuse goiter, progressive destruction of the parenchyma and hypothyroidism.” STEDMAN’S MEDICAL DICTIONARY 1988 (28th Ed. 2006). Symptoms can include, among other things, fatigue, sluggishness, memory lapses, and muscle weakness. Hashimoto’s Disease, MAYO CLINIC, https://www.mayoclinic.org/diseases-conditions/hashimotos-disease/symptoms-causes/syc-20351855 (last visited Dec. 3, 2019). insured is December 31, 2015. R. 19. On July 18, 2017, Plaintiff, represented by counsel,4 appeared for a hearing before an Administrative Law Judge (“ALJ”). She was then 54 years old. R. 95. At the hearing, she testified about her work history, education, and symptoms, including migraines of varying severity, dizziness, memory issues, chronic fibromyalgia pain, knee and

shoulder pain. R. 95-121. After the hearing, the ALJ followed the five-step evaluation process set forth by the Social Security Administration in 20 C.F.R. § 404.1520(a)(4) and found that the Plaintiff was not disabled. The ALJ specifically found the following: (1) at Step One, that Plaintiff had not engaged in any substantial gainful activity since her alleged onset date of April 28, 2012, R. 20; (2) at Step Two, that Plaintiff had “the following severe impairments: fibromyalgia, degenerative disk disease of the cervical spine, migraine headaches, right-sided trigger finger, Hashimoto thyroiditis, and obesity,” id.; (3) at Step Three, that Plaintiff did not have an impairment or combination of impairments that met or equaled any listed impairment, R. 22-23; (4) that Plaintiff had the residual functional capacity to perform sedentary work as defined in 20 C.F.R. §

404.1567(a) except that she could never climb ramps and stairs, could occasionally balance, stoop, kneel, crawl, crouch and reach overhead with her bilateral upper extremities, could frequently handle and finger with her right upper extremity, must avoid concentrated exposure to extreme heat and cold, excessive humidity, wetness, vibration, noise, fumes, odors, dusts and gases, and must avoid unprotected heights or machinery with moving parts, R. 24; (5) and at Step Four, the ALJ found that Plaintiff could perform her past relevant work as a customer service trainer as defined in the Dictionary of Occupational Titles.5 R. 29. II. STANDARD OF REVIEW

4 Plaintiff’s counsel in this appeal represented Plaintiff at the hearing before the ALJ. R. 17. 5 DOT 239.362-014. A reviewing court may enter judgment “affirming, modifying, or reversing the decision of the Commissioner [], with or without remanding the cause for rehearing.” 42 U.S.C. § 405(g). The Commissioner’s denial of disability is conclusive when supported by substantial evidence. Id.; Skinner v. Astrue, 487 F.3d 836, 841 (7th Cir. 2007). Substantial evidence “means—and

means only—'such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” Biestek v. Berryhill, 139 S. Ct. 1148, 1154 (2019) (quoting Consolidated Edison Co. v. N.L.R.B., 305 U.S. 197, 229 (1938)). The Court may not displace the ALJ’s judgment by reconsidering facts and evidence, reweighing evidence, or by making independent credibility determinations. Overman v. Astrue, 546 F.3d 456, 462 (7th Cir. 2008); Elder v. Astrue, 529 F.3d 408, 413 (7th Cir. 2008). Similarly, even if reasonable minds could differ on whether a claimant is disabled, a reviewing court must affirm the ALJ’s decision if it is adequately supported. Simila v. Astrue, 573 F.3d 503, 513 (7th Cir. 2009). However, review of an ALJ’s decision is not a rubber stamp of approval. Biestek, 139 S. Ct. at 1154 (“mere scintilla” not substantial evidence). The court must critically review the ALJ’s

decision. Eichstadt v. Astrue, 534 F.3d 663, 665 (7th Cir. 2008). The ALJ’s conclusion will not be affirmed where he fails to build a logical bridge between the evidence and his conclusion, even if evidence exists in the record to support that conclusion. Berger v. Astrue, 516 F.3d 539, 544 (7th Cir. 2008); Steele v. Barnhart, 290 F.3d 936, 940 (7th Cir. 2002) (where opinion is “so poorly articulated as to prevent meaningful review” the case must be remanded). Additionally, courts may not build a logical bridge for the ALJ. Mason v. Colvin, 13 CV 2993, 2014 U.S. Dist. LEXIS 152938, at *19-20 (N.D. Ill. Oct. 29, 2014). III. ANALYSIS Before engaging in substantive analysis, the Court notes the general and conclusory nature of Plaintiff’s briefs. For instance, the opening brief limits its legal arguments to the last four pages, and even that consists of only vague and conclusory arguments, jumping from point

to point with little to no development, and, in some instances, unsupported by relevant case or record citations. See Dkt. 14.6 It is neither the Commissioner’s nor this Court’s obligation to rebuild such poorly constructed arguments. See, e.g., Martinez v. Colvin, 12 CV 50016, 2014 U.S. Dist. LEXIS 41754, *24-28 (N.D. Ill. Mar. 28, 2014) (internal citations omitted); see also Olivas v. Berryhill, 17 CV 50197, 2018 U.S. Dist. LEXIS 211743, at *12-13 (N.D. Ill. Dec. 17, 2018). Plaintiff’s counsel risks forfeiting similar arguments in the future by failing to adequately brief and develop them. Regardless, the Court has attempted to construe Plaintiff’s arguments to meaningfully evaluate them where possible. Plaintiff argues the ALJ erred by cherry-picking facts that support his finding that Plaintiff is not disabled while ignoring evidence that might support a disability finding. Dkt. 14

at 8 (citing O’Connor-Spinner v.

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Katoll-Koons v. Saul, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katoll-koons-v-saul-ilnd-2019.