Mueller v. Saul

CourtDistrict Court, E.D. Wisconsin
DecidedJuly 20, 2020
Docket2:19-cv-01091
StatusUnknown

This text of Mueller v. Saul (Mueller v. Saul) 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
Mueller v. Saul, (E.D. Wis. 2020).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

COMMETIC MUELLER,

Plaintiff,

v. Case No. 19-CV-1091

ANDREW M. SAUL, Commissioner of the Social Security Administration,

Defendant.

DECISION AND ORDER

1. Introduction Plaintiff Commetic Mueller alleges she has been disabled since June 5, 2015 (Tr. 13) and therefore seeks a period of disability and disability insurance benefits. After her application was denied initially (Tr. 67-86, 112-28) and upon reconsideration (Tr. 87-108, 129-47), a hearing was held before an administrative law judge (ALJ) on April 10, 2018 (Tr. 41-64). On May 29, 2018, the ALJ issued a written decision concluding that Mueller was not disabled. (Tr. 13-31.) After the Appeals Council denied Mueller’s request for review on July 16, 2019 (Tr. 1-4) she filed this action (ECF No. 1). All parties have consented to the full jurisdiction of a magistrate judge (ECF Nos. 9, 10) and this matter is ready for resolution.

2. ALJ’s Decision In determining whether a person is disabled an ALJ applies a five-step sequential evaluation process. 20 C.F.R. § 404.1520(a)(4). At step one, the ALJ determines whether

the claimant has engaged in substantial gainful activity. 20 C.F.R. § 404.1520(a)(4)(i). The ALJ found that Mueller “has not engaged in substantial gainful activity since June 5, 2015, the alleged onset date[.]” (Tr. 15.)

The analysis then proceeds to the second step, which is a consideration of whether the claimant has a medically determinable impairment or combination of impairments that is “severe.” 20 C.F.R. §§ 404.1520(a)(4)(ii), (c). An impairment is severe if it significantly limits a claimant’s physical or mental ability to do basic work activities. 20

C.F.R. § 404.1522(a). The ALJ concluded that Mueller has the following severe impairments: “Crohn’s disease with small fiber polyneuropathy, mild degenerative joint disease of the right hip with suspected anterior labral tear and impingement, history of

non-epileptic pseudoseizures, major depressive disorder, anxiety disorder, attention deficit disorder, and post-traumatic stress disorder[.]” (Tr. 15.) At step three the ALJ is to determine whether the claimant’s impairment or combination of impairments is of a severity to meet or medically equal the criteria of the

impairments listed in 20 C.F.R. Part 404, Subpart P, Appendix 1 (called “the listings”), 20 C.F.R. §§ 404.1520(a)(4)(iii), 404.1525. If the impairment or impairments meets or medically equals the criteria of a listing and also meets the twelve-month durational

requirement, 20 C.F.R. § 404.1509, the claimant is disabled. 20 C.F.R. § 404.1520(d). If the claimant’s impairment or impairments is not of a severity to meet or medically equal the criteria set forth in a listing, the analysis proceeds to the next step. 20 C.F.R. § 404.1520(e).

The ALJ found that Mueller “does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1[.]” (Tr. 17.)

In between steps three and four the ALJ must determine the claimant’s residual functional capacity (RFC), which is the most the claimant can do despite her impairments. 20 C.F.R. § 404.1545(a)(1). In making the RFC finding the ALJ must consider all of the claimant’s impairments, including impairments that are not severe. 20 C.F.R.

§ 404.1545(a)(2). In other words, “[t]he RFC assessment is a function-by-function assessment based upon all of the relevant evidence of an individual's ability to do work- related activities.” SSR 96-8p. The ALJ concluded that Mueller has the RFC

to perform light work as defined in 20 CFR 404.1567(b) except [Mueller] can only occasionally perform tasks requiring feeling with the bilateral upper extremities. She cannot work around hazards, such as unprotected heights or moving machinery. [Mueller] would require ready access to a restroom. In addition she can (on a sustained basis) understand, remember, and carry out simple instructions, but should not work at a production rate or pace. [Mueller] can use judgment in making simple work-related decisions, respond appropriately to supervision, coworkers, and usual work situations in work environments and when performing tasks requiring only occasional and superficial interactions with the public and coworkers, as well as occasional interactions with supervisors. [Mueller] can deal with changes in a routine work setting, as long as they are infrequent (one to two times per week) and introduced gradually.

(Tr. 20.) After determining the claimant’s RFC, the ALJ at step four must determine whether the claimant has the RFC to perform the requirements of her past relevant work. 20 C.F.R. §§ 404.1520(a)(4)(iv), 404.1560. The ALJ concluded that Mueller “has no past relevant work[.]” (Tr. 30.) The last step of the sequential evaluation process requires the ALJ to determine

whether the claimant is able to do any other work, considering her RFC, age, education, and work experience. 20 C.F.R. §§ 404.1520(a)(4)(v), 404.1560(c). At this step, the ALJ concluded that “there are jobs that exist in significant numbers in the national economy that [Mueller] can perform[.]” (Tr. 30.) In reaching that conclusion, the ALJ relied on

testimony from a vocational expert (VE), who testified that a hypothetical individual of Mueller’s RFC, age, education, and work experience could perform the requirements of packer, mail clerk, and office clerk. (Id.) After finding Mueller could perform work in the

national economy, the ALJ concluded that she was not disabled. (Tr. 31.) 3. Standard of Review The court’s role in reviewing an ALJ’s decision is limited. It must “uphold an ALJ’s final decision if the correct legal standards were applied and supported with substantial

evidence.” L.D.R. by Wagner v. Berryhill, 920 F.3d 1146, 1152 (7th Cir. 2019) (citing 42 U.S.C. § 405(g)); Jelinek v. Astrue, 662 F.3d 805, 811 (7th Cir. 2011). “Substantial evidence is ‘such relevant evidence as a reasonable mind might accept as adequate to support a

conclusion.’” Summers v. Berryhill, 864 F.3d 523, 526 (7th Cir. 2017) (quoting Castile v.

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Mueller v. Saul, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mueller-v-saul-wied-2020.