Kraemer v. O'Malley

CourtDistrict Court, E.D. Missouri
DecidedSeptember 30, 2025
Docket4:24-cv-00832
StatusUnknown

This text of Kraemer v. O'Malley (Kraemer v. O'Malley) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kraemer v. O'Malley, (E.D. Mo. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

LINDSEY KRAEMER, ) ) Plaintiff, ) ) v. ) No. 4:24-cv-832-RHH ) ) FRANK J. BISIGNANO,1 ) Commissioner of Social Security, ) ) Defendant. )

MEMORANDUM AND ORDER This matter is before the Court on Plaintiff Lindsey Kraemer’s appeal regarding the denial of Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq. (the “Act”). The parties have consented to the exercise of authority by the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). (ECF No. 5.) The Court has reviewed the parties’ briefs and the entire administrative record, including the transcript and medical evidence. Based on the following, the Court will affirm the Commissioner’s denial of Kraemer’s application. I. Background On or about August 18, 2021, Kraemer applied for DIB, alleging that she has been unable to work due to disability since September 1, 2014. (Tr. 74.) Kraemer alleged disability due to PTSD, major depression severe, generalized anxiety disorder, obsessive compulsive disorder, panic attacks, insomnia, and amnesia. (Tr. 74.) Her application was initially denied and denied again at the reconsideration stage. (Tr. 73-80, 81-90.) Then, she filed a request for Hearing by

1 Frank Bisignano is now the Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Frank Bisignano shall be substituted for Martin O’Malley as the defendant in this suit. See 42 U.S.C. § 405(g). Administrative Law Judge (ALJ). (Tr. 107-109.) On March 1, 2023, the ALJ held a hearing on Kraemer’s claim. (Tr. 40-72.) Kraemer was represented by counsel at the hearing, and an impartial vocational expert both testified. Id. In a decision issued on June 21, 2023, the ALJ found Kraemer was not disabled as

defined in the Act from the alleged onset date through the date she was last insured. (Tr. 25-26.) On August 4, 2023, Kraemer filed a Request for Review of Hearing Decision with the Social Security Administration’s (SSA) Appeals Council. (Tr. 167-169.) On June 5, 2024, the Appeals Council denied Kraemer’s request for review, and adopted the ALJ’s decision in full. (Tr. 1-7.) II. Evidence Before the ALJ The Court adopts the statement of facts set forth in Kraemer’s statement of facts (ECF No. 16-1) and Defendant’s response (ECF No. 21-1). Together, these statements provide a fair description of the record before the Court. Specific facts will be discussed as needed to address the parties’ arguments. On March 1, 2023, Kraemer testified at a hearing before the ALJ (Tr. 40-72.) She

testified that she lives with her husband and her two sons, ages nine and twelve. (Tr. 47.) Her daily activities are impacted by her depression, severe anxiety, PTSD, and OCD, which affect her concentration and focus. Her son was abused at preschool, and she can get triggered by news stories involving child sexual abuse, or by seeming someone who looks like the man. (Tr. 53.) With her depression, she experiences extra stress, nervousness, and she estimates that she does not get out of bed three or four days a week. (Tr. 51.) On days she is able to get up, she tells her children goodbye before her husband takes them to school, then after they leave, she usually naps for about three hours. (Tr. 56.) When she wakes up again, she might eat something, then would probably lay back down to take another nap. (Tr. 56.) She used to shower daily, but now she does not have the energy. If it is her turn to pick up the kids, she drives to school to pick them up and drives them home. (Tr. 56.) They are self-sufficient and will play while she rests until her husband comes home. (Tr. 57.) She has no physical issues that limit her driving, but she tends to limit driving to familiar

areas so she does not forget where she is, and her parents drive her to a lot of her medical appointments. (Tr. 48.) She drives to pick up her kids from school two to three days a week, and will drive to a nearby store if her kids need something for a project. (Tr. 48, 52.) Sometimes she will sit in a parking lot for a prolonged period before going in, watching other people to see if anyone looks threatening. She experiences racing thoughts and catastrophic thoughts. Her anxiety can cause her to break out in sweat, have difficulty breathing, or have diarrhea. (Tr. 52- 53.) Kraemer’s last full-time employment was with Enterprise as a writer. However, they had to let her go because she was missing deadlines and assignments due to her difficulties with concentration and staying on task. (Tr. 48-49.) She left her employer on good terms, and they

offered to let her freelance, but the freelance work eventually became too difficult due to her concentration issues. Kraemer explained that she would interview someone for a story via phone, but then not remember what was said or be able to make sense of her notes. (Tr. 49.) Kraemer used to have issues with her left hip and had injections, but her hip problems have resolved. (Tr. 55.) She has bunions and had issues with her feet and standing and walking, but now she just wears tennis shoes because they don’t bother her as much. She can stand about 30 minutes and can walk a block or two without stopping. (Tr. 55.) She can lift 20 to 30 pounds, but probably not continuously. (Tr. 56.) On August 25, 2021, Kraemer completed a Function Report. (Tr. 194-202.) The report states her “PTSD stress-related amnesia severely hinders [her] ability to work.” She has difficulty remembering steps of a process and where she is in the process. It is extremely hard for her to stay on task and focus for extended periods of time. Her depression makes it hard to get

out of bed some days, and her anxiety makes it difficult to focus. (Tr. 195.) She has insomnia because she is constantly worried about something bad happening to her kids. (Tr. 196.) Kraemer lives with her husband and children. She makes sure everyone is safe and tries to keep things in order. She and her husband both care for the kids and their dog. She feeds her dog twice a day, and keeps a note of whether or not the dog has been fed because she forgets. (Tr. 196.) She is not motivated to shower or care for her hair, and sometimes forgets if she has showered that day. (Tr. 196.) She uses a pill organizer and reminders to keep her meds straight. (Tr. 197.) She prepares store-bought breakfasts and frozen dinners or orders takeout if she is too tired to prepare meals. (Tr. 197.) She cleans “in a limited capacity” and washes clothes but does

not put them away. She needs help and reminders to clean. (Tr. 197.) Kraemer goes outside every day, drives, goes grocery shopping and clothes shopping every two weeks or so, and is able to handle money, but is forgetful about paying bills on time. (Tr. 198.) She is social with friends, watches television, and watches her kids play sports on a regular basis. She used to go out with friends monthly, but now it is twice a year because she has trouble remembering past or current conversations. (Tr. 199.) She spends time with her husband and kids, and has weekly phone calls with her extended family. Her impairments affect her talking, memory, completing tasks, concentration, understanding, and following instructions. (Tr. 200.) Remembering things is difficult, and it is hard to complete tasks because she cannot concentrate very long.

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Kraemer v. O'Malley, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kraemer-v-omalley-moed-2025.