Manker v. Colvin

CourtDistrict Court, N.D. Illinois
DecidedDecember 22, 2017
Docket1:16-cv-10704
StatusUnknown

This text of Manker v. Colvin (Manker v. Colvin) 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
Manker v. Colvin, (N.D. Ill. 2017).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION DAWN MANKER, Claimant, No. 16 C 10704 v. Magistrate Judge Jeffrey T. Gilbert NANCY A. BERRYHILL, Acting Commissioner of Social Security,’ Respondent.

MEMORANDUM OPINION AND ORDER Claimant Dawn Manker (“Claimant”) seeks review of the final decision of Respondent Nancy A. Berryhill, Acting Commissioner of Social Security (“Commissioner”), denying Claimant’s application for Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act (“Act”). Pursuant to 28 U.S.C. § 636(c) and Local Rule 73.1, the parties have consented to the jurisdiction of a United States Magistrate Judge for all proceedings, including entry of final judgment. [ECF No. 7.] The parties have filed cross-motions for summary judgment [ECF Nos. 16 and 23] pursuant to Federal Rule of Civil Procedure 56, This Court has jurisdiction pursuant to 42 U.S.C. §§ 1383(c) and 405(g). For the reasons stated below, Claimant’s Motion for Summary Judgment [ECF No. 16] is granted, and the Commissioner's Motion [ECF No. 23] is denied. This matter is remanded for further proceedings consistent with this Memorandum Opinion and Order.

' Nancy A. Berryhill is substituted for her predecessor Carolyn W. Colvin pursuant to Federal Rule of Civil Procedure 25(d).

I. PROCEDURAL HISTORY On September 22, 2009, Claimant filed her claim for DIB, alleging the onset of her disability as August 1, 2005. (R. 137.) Following a denial by an Administrative Law Judge (“ALJ”), the Social Security Administration (“SSA”) Appeals Council granted Claimant’s request for review on May 28, 2011 and remanded Claimant’s application backed to the ALJ. (R. 156-57.) A second denial of benefits was issued on February 13, 2015. (R. 159-80.) The Appeals Council again granted Claimant’s request for review and again remanded the claim on May 5, 2015. (R. 188-89.) On October 13, 2015, Claimant was represented by counsel and appeared and testified at a hearing before anew ALJ. (R. 38-79.) The ALJ also heard testimony from medical experts Gilberto Munoz, M.D., and Steven Sutherland, Ph.D., and vocational expert (“VE”) Aimee Mowery. (/d.) On January 8, 2016, the ALJ denied Claimant’s claim for DIB, based on a finding that she was not disabled under the Act. (R. 12-30.) The opinion followed the five-step evaluation

process required by Social Security Regulations (“SSR”)? 20 C.F.R. § 404.1520. At step one, the AL] found that Claimant had not engaged in substantial gainful activity (“SGA”) since her alleged onset date of August 1, 2005, through her date last insured of December 31, 2010. (R. 14.) At step two, the ALJ found that Claimant had the severe impairments of obesity, degenerative joint disease of the shoulders, hands, and knees, asthma, sleep apnea, irritable bowel syndrome (“IBS”), and status post work injury. (/d.) At step three, the ALJ found that through the date last insured, Claimant did not have an impairment or combination of

2 SSRs “are interpretive rules intended to offer guidance to agency adjudicators. While they do not have the force of law or properly promulgated notice and comment regulations, the agency makes SSRs binding on all components of the Social Security Administration.” Nelson v. Apfel, 210 F.3d 799, 803 (7th Cir. 2000); see 20 CFR. § 402.35(b)(1). Although the Court is “not invariably bound by an agency’s policy statements,” the Court “generally defer{s] to an agency’s interpretations of the legal regime it is charged with administrating.” Liskowitz v. Astrue, 559 F.3d 736, 744 (7th Cir. 2009).

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. (R. 16.) The ALJ then found Claimant had the residual functional capacity (“RFC”)* to perform sedentary work, except: She can never climb ladders, ropes, or scaffolds and occasionally climb ramps and stairs. She can occasionally stoop, kneel, crouch, and crawl. She can occasionally reach overhead with the right upper extremity. She is able to tolerate frequent exposure to dust, fumes, odors, gases, and poor ventilation. She must avoid exposure to unprotected heights and to dangerous moving machinery/moving mechanical parts. She must not be subject to a position which requires on the job driving/commercial driving. She must not be subject to a position where she must search for a restroom or would not have ready access to a restroom. (R. 17.) Based on this RFC, the ALJ determined at step four that through the date last insured, Claimant was capable of performing her past relevant work as a customer service representative. (R. 29.) Therefore, the ALJ found that Claimant had not been under a disability from August 1, 2005, through December 31, 2010, the date last insured. (R. 30.) The Appeals Council declined

to review the matter on September 17, 2016, making the ALJ’s decision the final decision of the Commissioner and, therefore, reviewable by this Court under 42 U.S.C. § 405(g). See Haynes v. Baumhart, 416 F.3d 621, 626 (7th Cir. 2005). Il. STANDARD OF REVIEW A decision by an ALJ becomes the Commissioner’s final decision if the Appeals Council denies a request for review. Sims v. Apfel, 530 U.S. 103, 106-07 (2000). Under such circumstances, the district court reviews the decision of the ALJ. (/d.) Judicial review is limited

to determining whether the decision is supported by substantial evidence in the record and whether the ALJ applied the correct legal standards in reaching his or her decision. Nelms y.

3 Before proceeding from step three to step four, the ALJ assesses a claimant’s residual functional capacity. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). “The RFC is the maximum that a claimant can still do despite his mental and physical limitations.” Craft v. Astrue, 539 F.3d 668, 675-76 (7th Cir. 2008).

Astrue, 553 F.3d 1093, 1097 (7th Cir. 2009). The reviewing court may enter a judgment “affirming, modifying, or reversing the decision of the [Commissioner], with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 42 U.S. 389, 401 (1971).

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Manker v. Colvin, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manker-v-colvin-ilnd-2017.