Lavold v. Kijakazi

CourtDistrict Court, N.D. Illinois
DecidedSeptember 8, 2023
Docket1:21-cv-05226
StatusUnknown

This text of Lavold v. Kijakazi (Lavold v. Kijakazi) 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
Lavold v. Kijakazi, (N.D. Ill. 2023).

Opinion

oldIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

CASSANDRA L., ) ) Plaintiff, ) ) No. 21-cv-5226 v. ) ) Magistrate Judge Jeffrey I. Cummings KILOLO KIJAKAZI,1 ) Commissioner of Social Security, ) ) Defendant. )

MEMORANDUM OPINION AND ORDER Cassandra L. (“Claimant”) moves to reverse or remand the final decision of the Commissioner of Social Security’s (“Commissioner”) denial of Claimant’s applications for Disability Insurance Benefits (“DIBs”) and Supplemental Security Income (“SSI”). (Dckt. #16). The Commissioner responds, (Dckt. #21), asking this Court to uphold the decision to deny benefits. The parties have consented to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. §636(c). This Court has jurisdiction to hear this matter pursuant to 42 U.S.C. §§405(g) and 1383(c)(3). For the reasons that follow, Claimant’s motion to reverse the decision of the Commissioner is denied, and the Commissioner’s motion for summary judgment to uphold the decision to deny benefits is granted. I. BACKGROUND A. Procedural History Claimant, who was twenty-one years old at the onset of her alleged disability, is a former server who seeks DIBs and SSI due to limitations stemming from severe post-traumatic stress

1 In accordance with Internal Operating Procedure 22 – Privacy in Social Security Opinions, the Court refers to Claimant only by her first name and the first initial of her last name. Acting Commissioner of Social Security Kilolo Kijakazi has also been substituted as the named defendant. Fed.R.Civ.P. 25(d). disorder (“PTSD”), severe anxiety disorder, pituitary tumor, back spasms with degenerative disc disease, arthritis, spinal spurs, sciatica, and knee injury. (R. 15, 93-94); (see Dckt. #16 at 1). Her application was denied initially on December 23, 2019, and upon reconsideration on August 31, 2020. (R. 67-88, 129-37). Claimant filed a timely request for a hearing, which was held via telephone on January 19, 2021. (R. 36-66). Claimant, who appeared with counsel, testified at

the hearing as did a vocational expert (“VE”). (Id.). On February 25, 2021, the ALJ issued a written decision denying Claimant’s application for benefits. (R. 12-35). Claimant timely requested review with the Appeals Council, who denied review on July 29, 2021, (R. 1-6), leaving the ALJ’s decision as the final decision of the Commissioner. This action followed. B. The Social Security Administration Standard to Recover Benefits In order to qualify for disability benefits, a claimant must demonstrate that she is disabled. An individual does so by showing that she cannot “engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period

of not less than 12 months.” 42 U.S.C. §423(d)(1)(A). Gainful activity is defined as “the kind of work usually done for pay or profit, whether or not a profit is realized.” 20 C.F.R. §404.1572(b). The Social Security Administration (“SSA”) applies a five-step analysis to disability claims. 20 C.F.R. §404.1520. The SSA first considers whether the claimant has engaged in substantial gainful activity during the claimed period of disability. 20 C.F.R. §404.1520(a)(4)(i). At step two, the ALJ determines whether the claimant has one or more medically determinable physical or mental impairments. 20 C.F.R. §404.1521. An impairment “must result from anatomical, physiological, or psychological abnormalities that can be shown by medically acceptable clinical and laboratory diagnostic techniques.” Id. In other words, a physical or mental impairment “must be established by objective medical evidence from an acceptable medical source.” Id.; Shirley R. v. Saul, 1:18-cv-00429-JVB, 2019 WL 5418118, at *2 (N.D.Ind. Oct. 22, 2019). If the claimant establishes that she has one or more physical or mental impairments, the ALJ then determines whether the impairment(s) standing alone, or in combination, are severe and meet the twelve-month duration requirement noted above. 20

C.F.R. §404.1520(a)(4)(ii). At step three, the SSA compares the impairment or combination of impairments found at step two to a list of impairments identified in the regulations (“the listings”). The specific criteria that must be met to satisfy a listing are described in Appendix 1 of the regulations. 20 C.F.R. Pt. 404, Subpt. P, App. 1. If the claimant’s impairments meet or “medically equal” a listing, she is considered to be disabled, and the analysis concludes. If the listing is not met, the analysis proceeds to step four. 20 C.F.R. §404.1520(a)(4)(iii). Before addressing the fourth step, the SSA must assess the claimant’s residual functional capacity (“RFC”), which defines her exertional and non-exertional capacity to work despite the

limitations imposed by her impairments. The SSA then determines at step four whether the claimant is able to engage in any of her past relevant work. 20 C.F.R. §404.1520(a)(4)(iv). If the claimant can do so, she is not disabled. Id. If the claimant cannot undertake her past work, the SSA proceeds to step five to determine whether a substantial number of jobs exist that the claimant can perform in light of her RFC, age, education, and work experience. An individual is not disabled if she can do work that is available under this standard. 20 C.F.R. §404.1520(a)(4)(v). C. The ALJ’s Decision The ALJ applied the five-step inquiry required by the Act in reaching her decision to deny Claimant’s requests for benefits. At step one, the ALJ found that Claimant had not engaged in substantial gainful activity since December 1, 2010. (R. 17). At step two, the ALJ determined Claimant had the severe impairments of degenerative disc disease of the lumbar spine, anxiety,

PTSD, opioid use, borderline personality disorder, and obesity. (R. 18). Next, at step three, the ALJ found that Claimant had no impairment or combination of impairments that meets or medically equals one of the listed impairments in the regulations. (Id.). Specifically, the ALJ considered the following listings: (1) 1.04 (“Disorders of the spine”); (2) 12.06 (“Anxiety and obsessive-compulsive disorders”); (3) 12.08 (“Personality and impulse-control disorders”); (4) 12.15 (“Trauma and stressor related disorders”); and (5) SSR 19-2p as it relates to Claimant’s obesity. (R. 18-19). Before turning to step four, the ALJ concluded that Claimant had the RFC: [T]o perform light work as defined in 20 CFR 404

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