Knutson, Tracy v. Kijakazi, Kilolo

CourtDistrict Court, W.D. Wisconsin
DecidedSeptember 27, 2022
Docket3:21-cv-00458
StatusUnknown

This text of Knutson, Tracy v. Kijakazi, Kilolo (Knutson, Tracy v. Kijakazi, Kilolo) is published on Counsel Stack Legal Research, covering District Court, W.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knutson, Tracy v. Kijakazi, Kilolo, (W.D. Wis. 2022).

Opinion

FOR THE WESTERN DISTRICT OF WISCONSIN _________________________________________________________________________________ TRACY LEE KNUTSON, OPINION AND ORDER Plaintiff, v. 21-cv-458-slc KILOLO KIJAKAZI,1 Acting Commissioner of Social Security, Defendant. ____________________________________________________________________________________ Plaintiff Tracy Lee Knutson brings this action pursuant to 42 U.S.C. § 405(g) for judicial review of an adverse decision of the acting commissioner of Social Security. Knutson, who suffers from a number of physical and mental impairments, challenges the acting commissioner’s determination that she is not eligible for either disability insurance benefits or supplemental security income under the Social Security Act because she remains capable of performing a substantial number of jobs in the national economy in spite of her impairments. Knutson contends that the administrative law judge (ALJ) who reviewed her claim at the administrative level committed these errors: (1)she failed to cite logical reasons, supported by evidence in the record, for her decision to discount medical opinions favorable to Knutson’s claim; (2) she failed to consider the combined impact of all of Knutson’s impairments, including her obesity; and (3) she mischaracterized the record when finding that Knutson’s subjective complaints were not entirely consistent with the evidence.2 1 The court has changed the caption to reflect Kilolo Kijakazi’s appointment as acting commissioner. 2 In addition to these substantive attacks on the ALJ’s decision, Knutson raises a constitutional challenge, arguing that the ALJ lacked authority to act on her claim because 42 U.S.C. § 902(a)(3), which limits the President’s authority to remove the commissioner of social security without cause, is unconstitutional. I considered and rejected this same constitutional challenge in Klawitter v. Kijakazi, 21- cv-216-slc, and I reject it here for the same reasons, without further discussion. See id., 3/22/22 Op. and I agree with Knutson that the ALJ erred in relying on outdated state agency opinions and did not otherwise build an adequate and logical bridge between the evidence and her conclusions regarding Knutson’s reaching and handling limitations. Therefore, I am reversing the commissioner’s decision and remanding this case for further proceedings. The following facts are drawn from the administrative record (“AR”):

FACTS Knutson, now 51, applied for Disability Insurance Benefits and Supplemental Security Income on September 15, 2015, alleging disability beginning May 7, 2015. Knutson formerly worked part-time as a certified nursing assistant. She alleged that she was unable to work because of limitations posed by the following impairments: fibromyalgia; left hand issues (arthritis, tendinitis, and carpal tunnel); bursitis in both hips; right-sided sciatica; right-sided neuropathy; asthma; bladder leakage; acid reflux; anxiety; and depression. AR 262. In addition to these impairments, Knutson is obese, with a BMI ranging from 29 to 34. On forms submitted with her application, Knutson asserted that she no longer could work because everything in her body hurt. AR 270. She said she spent most of the day lying in bed on a heating pad, except for driving to pick her kids up from school. Knutson needed no help with personal care, and she remained able to do some laundry, meal preparation, and grocery shopping, although she reported that she needed help from her children with these tasks. AR 274-75. In addition, Knutson was able to go out alone, manage her finances, get along with others, pay attention, follow instructions, and fish, camp, and play cards “as tolerated.” AR 275- 77. Knutson estimated she could sit for 15 minutes, stand 10-15 minutes, and walk 15-30 minutes before needing a break, and reported that the total amount of time she could do each varied depending on the day and her pain level. AR 280.

2 After the local disability agency denied her claim initially and on reconsideration, Knutson requested an administrative hearing, which was held on October 11, 2018 before Administrative Law Judge (“ALJ”) Deborah Giesen. Knutson appeared by video with counsel and testified about her impairments and limitations. Most of her testimony focused on her left thumb. Plaintiff testified that she had arthritis in her left thumb that was painful all the time and that prevented her from grasping or holding items. She said she could use her fingers to grasp a handle but she could not use her hand to grab items such as a glass. AR 58. She was able to drive, using mainly her right hand. AR 53. Plaintiff said she had received about 12 steroid injections in the thumb but they had stopped working; her doctors told her that her only remaining treatment options were to get the joint fused or a tendon graft. AR 58. She said she was waiting to undergo surgery until she couldn’t handle the pain anymore because she would have no mobility if the joint was fused. AR 61. Plaintiff reported that her thumb was much worse at the time of the hearing than it was when she first applied for benefits in 2015. AR 61. After plaintiff testified, the ALJ called a vocational expert, Kristin Panella. The ALJ asked Panella to assume a hypothetical individual of plaintiff’s age, education, and work experience, who was capable of performing light work (six hours sitting, standing or walking and lifting up to 20 pounds), with frequent3 handling and fingering with the left hand, and no concentrated exposure to dust, fumes, gases, poor ventilation, or temperature extremes. AR 64. Panella testified that such an individual would be unable to perform plaintiff’s past work as a nurse’s assistant but could perform other jobs at a light level, namely, cashier, inspector and hand packager, and ticket marker, and that such jobs existed in significant numbers in the national economy. However, Panella testified, plaintiff would not be able to perform any of those jobs if she was limited to only occasional4 handling and fingering with her left hand. AR 65.

3 Up to 2/3 of the work day or a total of 6 hours in an eight-hour day, SSR 83-10. 4 Up to 1/3 of an eight-hour work-day or just over 2 hours in an eight-hour day, SSR 83-10. On March 4, 2019, the ALJ issued a decision, applying the commissioner’s five-step evaluation process for disability claims. 20 C.F.R. §§ 404.1520(a), 416.920(a). At step one, the ALJ found that Knutson had not engaged in substantial gainful activity since her alleged onset date of May 7, 2015. At step two, she found that Knutson had the following impairments that were severe: De Quervain’s tenosynovitis in the left wrist; carpometacarpal arthritis in the left thumb; obesity; fibromyalgia; degenerative disk disease of the lumbar spine; and bilateral trochanteric bursitis. The ALJ acknowledged that Knutson had a number of other impairments, but she found that these imposed no more than minimal work-related limitations and therefore were not severe as that term is defined in the SSI regulations. At step three, the ALJ found that none of Knutson’s severe impairments, whether considered singly or in combination, were severe enough to meet or medically equal the severity of an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1 (a.k.a. “the Listings”). Next, as a predicate to her finding at step four, the ALJ assessed Knutson’s residual functional capacity (“RFC”).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Norbert J. Skarbek v. Jo Anne B. Barnhart
390 F.3d 500 (Seventh Circuit, 2004)
James H. White v. Jo Anne B. Barnhart
415 F.3d 654 (Seventh Circuit, 2005)
Myles v. Astrue
582 F.3d 672 (Seventh Circuit, 2009)
Krystal Goins v. Carolyn Colvin
764 F.3d 677 (Seventh Circuit, 2014)
Latesha Moon v. Carolyn Colvin
763 F.3d 718 (Seventh Circuit, 2014)
Daniel Keys v. Nancy A. Berryhill
679 F. App'x 477 (Seventh Circuit, 2017)
Alejandro Moreno v. Nancy Berryhill
882 F.3d 722 (Seventh Circuit, 2018)
Rebecca Akin v. Nancy Berryhill
887 F.3d 314 (Seventh Circuit, 2018)
Biestek v. Berryhill
587 U.S. 97 (Supreme Court, 2019)
Bettie Burmester v. Nancy Berryhill
920 F.3d 507 (Seventh Circuit, 2019)
Bates v. Colvin
736 F.3d 1093 (Seventh Circuit, 2013)
Stepp v. Colvin
795 F.3d 711 (Seventh Circuit, 2015)
Loveless v. Colvin
810 F.3d 502 (Seventh Circuit, 2016)
Stage v. Colvin
812 F.3d 1121 (Seventh Circuit, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
Knutson, Tracy v. Kijakazi, Kilolo, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knutson-tracy-v-kijakazi-kilolo-wiwd-2022.