Koller v. Commissioner of the Social Security Administration

CourtDistrict Court, E.D. Wisconsin
DecidedMarch 4, 2024
Docket2:22-cv-01421
StatusUnknown

This text of Koller v. Commissioner of the Social Security Administration (Koller v. Commissioner of the Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Koller v. Commissioner of the Social Security Administration, (E.D. Wis. 2024).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

ROBERT ANTHONY KOLLER,

Plaintiff, v. Case No. 22-cv-1421-bhl

MARTIN J. O’MALLEY,1 Commissioner for Social Security,

Defendant. ______________________________________________________________________________

DECISION AND ORDER

Plaintiff Robert Anthony Koller seeks review of the Commissioner of the Social Security Administration’s final decision denying his claim for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) under the Social Security Act, 42 U.S.C. §§ 405(g), 1383(c)(3). For the reasons set forth below, the Commissioner’s decision will be affirmed. PROCEDURAL BACKGROUND Koller applied for DIB and SSI on March 27, 2020, alleging a disability onset date of June 30, 2019. (ECF No. 8-1 at 164, 287.) After his claims were denied initially and on reconsideration, he requested a hearing before an administrative law judge (ALJ). (Id. at 53–54, 99–100, 164.) That hearing was held on August 16, 2021. (Id. at 6.) Koller appeared pro se and a vocational expert provided testimony. (Id. at 6–50.) On January 19, 2022, the ALJ issued an unfavorable decision, finding that Koller was not disabled because he could perform his past relevant work and other unskilled work that exists in the national economy. (Id. at 164–82.) On September 26, 2022, the Appeals Council denied Koller’s request for review. (Id. at 189.) Koller now seeks judicial review in this Court pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3).

1 On December 20, 2023, while this matter was pending, Martin J. O’Malley was sworn in as Commissioner of Social Security. Pursuant to Federal Rule of Civil Procedure 25(d), O’Malley is substituted as the defendant in this case and no further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act. See 42 U.S.C. § 405(g). FACTUAL BACKGROUND Koller was born on March 7, 1970, and was 49 years old on his alleged onset date. (ECF No. 8-1 at 287, 334.) When Koller applied for disability insurance, he was employed part-time as a customer service representative for a warranties company, a position he began on February 18, 2019. (Id. at 173, 343.) Koller worked 20 hours a week and earned $11.50 an hour. (Id. at 369.) Koller alleged an inability to work due to depression, fibromyalgia, a herniated disc, Barrett’s esophagus, heart disease, breathing issues, psoriasis, tendinitis in the right shoulder, a stroke in 2019, and drowsiness. (Id. at 324.) In assessing Koller’s claim, the ALJ followed the five-step sequential evaluation method for determining whether an individual is disabled set out in 20 C.F.R. §§ 404.1520(a) and 416.920(a). (Id. at 165.) The ALJ found that Koller had not engaged in substantial gainful activity since June 30, 2019, the alleged onset date. (Id. at 167.) The ALJ noted that Koller had worked after the alleged disability onset date, but this work did not rise to the level of substantial gainful employment. (Id.) The ALJ found that Koller had the following severe impairments: coronary artery disease involving native coronary artery of native heart without angina pectoris; psoriatic arthritis; fibromyalgia; moderate persistent asthma without complications; and degenerative disc disease. (Id.) The ALJ further found that Koller did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. (Id. at 171.) The ALJ determined that Koller had the residual functional capacity (RFC) to perform light work except that he can frequently climb ramps and stairs and stoop, kneel, crouch and crawl; occasionally climb ladders, ropes, or scaffolds; is limited to reaching overhead on a less than constant but at least frequent basis; must avoid concentrated exposure to dust, odors, fumes, and other pulmonary irritants; and is to avoid concentrated exposure to dangerous machinery and unprotected heights. (Id. at 172.) The ALJ also restricted Koller to frequent handling, fingering, and feeling with the bilateral upper extremities. (Id.) The ALJ adopted no mental limitations in the RFC, finding that Koller’s mental health limitations did not affect his ability to perform the basic requirements of work. (Id. at 178.) Based on testimony from a vocational expert, the ALJ concluded that Koller could perform his past relevant work and was not disabled. (Id. at 180.) The ALJ also determined at step five that Koller could perform a significant number of other unskilled jobs in the national economy. (Id. at 181–82.) LEGAL STANDARD The Commissioner’s final decision on the denial of benefits will be upheld “if the ALJ applied the correct legal standards and supported his decision with substantial evidence.” Jelinek v. Astrue, 662 F.3d 805, 811 (7th Cir. 2011) (citing 42 U.S.C. §405(g)). Substantial evidence is not conclusive evidence; it is merely “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 Consol. Edison Co. v. NLRB, 305 U.S. 197, 229 (1938)). “[T]he threshold for such evidentiary sufficiency is not high.” Id. In rendering a decision, the ALJ “must build a logical bridge from the evidence to his conclusion, but he need not provide a complete written evaluation of every piece of testimony and evidence.” Pepper v. Colvin, 712 F.3d 351, 362 (7th Cir. 2013) (quoting Schmidt v. Barnhart, 395 F.3d 737, 744 (7th Cir. 2005)). In reviewing the record, the Court “does not substitute its judgment for that of the Commissioner by reconsidering facts, reweighing evidence, resolving conflicts in evidence, or deciding questions of credibility.” Estok v. Apfel, 152 F.3d 636, 638 (7th Cir. 1998). Judicial review is deferential, but the ALJ must "rationally articulate the grounds for her decision” and the Court’s review is limited to the rationales actually offered by the ALJ. Steele v. Barnhart, 290 F.3d 936, 941 (7th Cir. 2002) (citing SEC v. Chenery Corp., 318 U.S. 80, 93–95 (1943)). ANALYSIS Koller’s contends that the ALJ erred by: (1) not accounting for Koller’s prescribed medications’ adverse side effects when formulating the RFC and when assessing the supportability of Koller’s subjective statements; (2) reaching conclusions regarding a medical source’s opinion that were not supported by substantial evidence; and (3) failing to incorporate any non-exertional limitations in the RFC.

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Bluebook (online)
Koller v. Commissioner of the Social Security Administration, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koller-v-commissioner-of-the-social-security-administration-wied-2024.