Ortiz-Arce v. O'Malley

CourtDistrict Court, N.D. Illinois
DecidedFebruary 24, 2025
Docket1:23-cv-07842
StatusUnknown

This text of Ortiz-Arce v. O'Malley (Ortiz-Arce v. O'Malley) 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
Ortiz-Arce v. O'Malley, (N.D. Ill. 2025).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Carmen O.-A., ) ) Plaintiff, ) No. 23-cv-7842 ) v. ) Magistrate Judge Keri L. Holleb Hotaling ) LEE DUDEK, Acting Commissioner of the ) Social Security Administration, ) ) Defendant. )

MEMORANDUM OPINION AND ORDER Plaintiff Carmen O.-A.1 appeals the decision of the Commissioner of the Social Security Administration (“Commissioner”) denying her disability benefits. The parties have filed cross motions for summary judgment.2 As detailed below, Plaintiff’s motion for summary judgment [Dkt. 12] is DENIED and Defendant’s motion for summary judgment [Dkt. 14] is GRANTED. The final decision of the Commissioner denying benefits is affirmed. A. Procedural History Plaintiff protectively filed for Disability Insurance Benefits on January 27, 2017, alleging a disability onset date of June 9, 2016. [Administrative Record (“R.”) 15.] On July 2, 2019, Plaintiff received an unfavorable decision from an Administrative Law Judge (“ALJ”) [R. 15-26], which she appealed to this Court (N.D. Ill. Case No. 20-cv-3996). On August 20, 2021, the Court remanded this matter back to the Agency for further proceedings because the ALJ failed “to properly address Plaintiff’s history of carpal tunnel syndrome and problems associated with the use of her hands.” [R. 1139.] Upon remand, after a second Administrative Hearing (where a medical expert testified),

1 In accordance with Northern District of Illinois Internal Operating Procedure 22, the Court refers to Plaintiff only by her first name and the first initial of her last name(s). 2 Plaintiff has filed a Memorandum in Support of Reversing or Remanding Commissioner’s Decision [Dkt. 12], the ALJ issued a second unfavorable decision, dated July 22, 2022. [R. 1008-26.] The July 22, 2022 decision is now the final decision of the Commissioner under 20 C.F.R. §404.981; Plaintiff herein seeks review of the same. [Dkt. 1.] B. Social Security Regulations and Standard of Review According to the Social Security Act (the “Act”), a person is disabled if they are unable “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than twelve

months.” 42 U.S.C. § 423(d)(1). To determine whether an individual is disabled, an Administrative Law Judge (“ALJ”) must apply a sequential five-step test. See 20 C.F.R. § 404.1520(a). The ALJ must evaluate whether: (1) the claimant is presently employed; (2) the claimant has a severe impairment or combination of impairments; (3) the claimant’s impairment meets or equals any impairment listed in the regulations as being so severe as to preclude substantial gainful activity; (4) the claimant’s residual functional capacity leaves him unable to perform his past relevant work; and (5) the claimant is unable to perform any other work existing in significant numbers in the national economy.

Langley v. O’Malley, No. 22-cv-3008, 2024 WL 3649021, at *2 (7th Cir. Aug. 5, 2024) (citation omitted). The burden of proof is on the claimant for the first four steps. Id. at *3. At Step Five, the burden shifts to the agency to show that “there are significant numbers of jobs in the national economy for someone with the claimant’s abilities and limitations.” Ruenger v. Kijakazi, 23 F.4th 760, 761 (7th Cir. 2022) (citing 20 C.F.R. § 416.960(c)(2)). The Act requires all applicants to prove they are disabled as of their date last insured to be eligible for benefits. 20 C.F.R. § 404.131; Schloesser v. Berryhill, 870 F.3d 712, 717 (7th Cir. 2017). The Court’s scope of review is limited to deciding whether the final decision of the Commissioner of Social Security is based upon substantial evidence and the proper legal criteria. Stephens v. Berryhill, 888 F.3d 323, 327 (7th Cir. 2018); Hess v. O’Malley, 92 F.4th 671, 676 (7th Cir. 2024); see also 42 U.S.C. § 405(g). If there is substantial evidence in support of the determination, the Court must affirm even if “reasonable minds could differ.” Elder v. Astrue, 529 F.3d 408, 413 (7th Cir. 2018) (citation and quotation marks omitted). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion,” and “the threshold for such evidentiary sufficiency is not high.” Biestek v. Berryhill, 587 U.S. 97, 103 (2019) (citations omitted). This “lax” standard is satisfied when the ALJ “minimally articulate[s] his or her justification for rejecting or accepting specific evidence of a disability.” Berger v. Astrue, 516 F.3d

539, 545 (7th Cir. 2008) (citation and quotation marks omitted). Although the Court reviews the ALJ’s decision deferentially, the ALJ must nevertheless “build an accurate and logical bridge” between the evidence and their conclusion. Hess, 92 F.4th at 676. Yet an ALJ “need not address every piece or category of evidence identified by a claimant, fully summarize the record, or cite support for every proposition or chain of reasoning.” Warnell v. O’Malley, 97 F.4th 1050, 1053 (7th Cir. 2024). “All [that is] require[d] is that ALJs provide an explanation for how the evidence leads to their conclusions that is sufficient to allow [the] reviewing court, to assess the validity of the agency’s ultimate findings and afford the appellant meaningful judicial review.” Id. at 1054 (internal signals and citations omitted). Additionally, “[w]hen reviewing a disability decision for substantial evidence, [the Court] will not reweigh the evidence, resolve debatable evidentiary conflicts,

determine credibility, or substitute [its] judgment for the ALJ’s determination so long as substantial evidence supports it.” Id. at 1052-53. C. The ALJ’s Decision At Step One of the ALJ’s July 22, 2022 decision [R. 1008-26], the ALJ found that Plaintiff had not engaged in substantial gainful activity since her alleged onset date of June 9, 2016 through her date last insured of December 31, 2021. [R. 1011.] At Step Two, the ALJ found Plaintiff had the severe impairments of fibromyalgia; rheumatoid arthritis; degenerative disc disease of the cervical and lumbar spine; degenerative joint disease of the bilateral knees; carpal tunnel syndrome status post release; history of lupus; transient ischemic attack; obesity; anxiety disorder; and depressive disorder. [R. 1012.] At Step Three, the ALJ determined Plaintiff did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments of 20 C.F.R. Part 404, Subpart P, App’x 1. [R.

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587 U.S. 97 (Supreme Court, 2019)
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984 F.3d 1251 (Seventh Circuit, 2021)
Randall Ruenger v. Kilolo Kijakazi
23 F.4th 760 (Seventh Circuit, 2022)
Stephens v. Berryhill
888 F.3d 323 (Seventh Circuit, 2018)
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870 F.3d 712 (Seventh Circuit, 2017)
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Ortiz-Arce v. O'Malley, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ortiz-arce-v-omalley-ilnd-2025.