LONG v. SAUL

CourtDistrict Court, S.D. Indiana
DecidedMay 20, 2021
Docket1:20-cv-00289
StatusUnknown

This text of LONG v. SAUL (LONG v. SAUL) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LONG v. SAUL, (S.D. Ind. 2021).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

PAULINA L.,1 ) ) Plaintiff, ) ) v. ) No. 1:20-cv-00289-JPH-MJD ) ANDREW M. SAUL Commissioner of ) Social Security, ) ) Defendant. )

ENTRY REVIEWING THE COMMISSIONER'S DECISION Plaintiff, Paulina L., seeks judicial review of the Social Security Administration's decision denying her petition for Disability Insurance Benefits and Supplemental Security Income. She argues that the ALJ erred by (1) substituting her opinion for that of treating physicians; (2) not considering the exacerbating effects of non-severe impairments and the side effects of medication; and (3) not appropriately considering a closed period. Dkt. 9 at 15–20. For the reasons that follow, the decision is AFFIRMED. I. Facts and Background On July 8, 2016, Plaintiff applied for Disability Insurance Benefits and Supplemental Security Income, alleging that her disability began on February 13, 2015. Dkt. 7-2 at 39. Plaintiff's application was initially denied on

1 To protect the privacy interests of claimants for Social Security benefits, consistent with the recommendation of the Court Administration and Case Management Committee of the Administrative Office of the United States courts, the Southern District of Indiana has opted to use only the first name and last initial of non-governmental parties in its Social Security judicial review opinions. September 19, 2016, and on reconsideration on December 19, 2016. Id. Administrative Law Judge Teresa Kroenecke held a hearing and in November 2018 issued a decision denying Plaintiff's claims. Id. at 51.

In her decision, the ALJ followed the five-step sequential evaluation in 20 C.F.R. § 404.1520(a)(4) and concluded that Plaintiff was not disabled. Id. at 41–51. Specifically, the ALJ found that: • At Step One, Plaintiff had not engaged in substantial gainful activity2 since the alleged onset date. Id. at 41.

• At Step Two, she had "the following severe impairments: history of breast cancer status post mastectomy, chemotherapy, and radiation with residuals and lumbar degenerative disc disease." Id.

• At Step Three, she did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments. Id. at 43.

• After Step Three but before Step Four, she had the RFC "to perform sedentary work . . . except occasional stooping, kneeling, crouching, and climbing of ramps/stairs; no crawling or climbing of ladders, ropes, or scaffolding; no exposure to extreme heat, extreme cold, humidity, wetness, vibrations, or hazards, such as unprotected heights, or dangerous machinery. She is able to understand, remember, carry out short, simple, routine instructions; able to sustain attention and concentration for at least two-hour periods at a time and for eight hours in the workday on short, simple, routine tasks; no fast paced production work, no assembly line work. In addition, sit for 30-45 minutes at a time for a total of up to 6 hours in the 8-hour workday; stand for 30-45 minutes at a time for a total of up to 2 hours in the 8-hour workday; walk for 30-45 minutes at a time for a total of up to 2 hours in the 8- hour workday." Id. at 44.

• At Step Four, Plaintiff "is unable to perform any past relevant work." Id. at 48.

2 Substantial gainful activity is defined as work activity that is both substantial (involving significant physical or mental activities) and gainful (usually done for pay or profit, whether or not a profit is realized). 20 C.F.R. § 404.1572(a). • At Step Five, considering Plaintiff's "age, education, work experience, and [RFC], there are jobs that exist in significant numbers in the national economy" that she can perform. Id. at 49.

The Appeals Council denied review in November 2019, id. at 1, and in January 2020, Plaintiff brought this action asking the Court to review the denial of benefits under 42 U.S.C. § 405(g), dkt. 1. II. Applicable Law "The Social Security Act authorizes payment of disability insurance benefits . . . to individuals with disabilities." Barnhart v. Walton, 535 U.S. 212, 214 (2002). "The statutory definition of 'disability' has two parts." Id. at 217. First, it requires an inability to engage in any substantial gainful activity. Id. And second, it requires a physical or mental impairment that explains the inability and "has lasted or can be expected to last . . . not less than 12 months." Id. "The standard for disability claims under the Social Security Act is stringent." Williams-Overstreet v. Astrue, 364 F. App'x 271, 274 (7th Cir. 2010). "Even claimants with substantial impairments are not necessarily entitled to benefits, which are paid for by taxes, including taxes paid by those who work despite serious physical or mental impairments and for whom working is difficult and painful." Id. at 274. When an applicant seeks judicial review, the Court's role is limited to ensuring that the ALJ applied the correct legal standards and that substantial evidence supports the ALJ's decision. Barnett v. Barnhart, 381 F.3d 664, 668 (7th Cir. 2004). "Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Id. In evaluating the evidence, the Court gives the ALJ's credibility determinations "considerable deference," overturning them only if they are "patently wrong."

Prochaska v. Barnhart, 454 F.3d 731, 738 (7th Cir. 2006). The ALJ must apply the five-step inquiry set forth in 20 C.F.R. § 404.1520(a)(4)(i)–(v), evaluating in sequence: (1) whether the claimant is currently [un]employed; (2) whether the claimant has a severe impairment; (3) whether the claimant's impairment meets or equals one of the impairments listed by the [Commissioner]; (4) whether the claimant can perform her past work; and (5) whether the claimant is capable of performing work in the national economy.

Clifford v. Apfel, 227 F.3d 863, 868 (7th Cir. 2000). "If a claimant satisfies steps one, two, and three, she will automatically be found disabled. If a claimant satisfies steps one and two, but not three, then she must satisfy step four. Once step four is satisfied, the burden shifts to the SSA to establish that the claimant is capable of performing work in the national economy." Knight v. Chater, 55 F.3d 309, 313 (7th Cir. 1995). After Step Three, but before Step Four, the ALJ must determine a claimant's RFC by evaluating "all limitations that arise from medically determinable impairments, even those that are not severe." Villano v. Astrue, 556 F.3d 558, 563 (7th Cir. 2009). In doing so, the ALJ "may not dismiss a line of evidence contrary to the ruling." Id.

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Related

Barnhart v. Walton
535 U.S. 212 (Supreme Court, 2002)
Jones v. Astrue
623 F.3d 1155 (Seventh Circuit, 2010)
Denton v. Astrue
596 F.3d 419 (Seventh Circuit, 2010)
Elder v. Astrue
529 F.3d 408 (Seventh Circuit, 2008)
Villano v. Astrue
556 F.3d 558 (Seventh Circuit, 2009)
Daniel Minnick v. Carolyn Colvin
775 F.3d 929 (Seventh Circuit, 2015)
Tara Crump v. Andrew M. Saul
932 F.3d 567 (Seventh Circuit, 2019)
Michael Zellweger v. Andrew Saul
984 F.3d 1251 (Seventh Circuit, 2021)
Kaminski v. Berryhill
894 F.3d 870 (Seventh Circuit, 2018)
Stage v. Colvin
812 F.3d 1121 (Seventh Circuit, 2016)
Fleming v. Astrue
448 F. App'x 631 (Seventh Circuit, 2011)
Williams-Overstreet v. Astrue
364 F. App'x 271 (Seventh Circuit, 2010)
Reed v. Colvin
656 F. App'x 781 (Seventh Circuit, 2016)

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Bluebook (online)
LONG v. SAUL, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-saul-insd-2021.