Pittman v. O'Malley

CourtDistrict Court, S.D. Illinois
DecidedSeptember 18, 2025
Docket3:24-cv-01392
StatusUnknown

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

Bluebook
Pittman v. O'Malley, (S.D. Ill. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

SHERRI PITTMAN, ) ) Plaintiff, ) ) vs. ) Case No. 3:24-CV-01392-DWD ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant.

MEMORANDUM & ORDER DUGAN, District Judge: Pursuant to 42 U.S.C. § 405(g), Plaintiff seeks judicial review of the final agency decision by the Defendant denying Plaintiff’s applications for Disability Insurance Benefits (“DIBs”) and Supplemental Security Income (“SSI”). For the reasons explained below, the Court AFFIRMS the final agency decision of Defendant. The Clerk is DIRECTED to enter judgment for Defendant and against Plaintiff. Procedural History On October 5, 2021, Plaintiff filed her application for DIBs and SSI. (Doc. 9-5, pgs. 2–17). Plaintiff alleged a disability onset date of August 27, 2021. (Doc. 9-2, pg. 18). Plaintiff’s claim was initially denied on July 5, 2022, and then again on reconsideration on November 2, 2022. (Doc. 9-2, pg. 18). Following Plaintiff’s written request, her claims were the subject of an evidentiary hearing on June 15, 2023. (Doc. 9-2, pg. 18). In a decision dated September 12, 2023, an Administrative Law Judge (“ALJ”) found that Plaintiff was not disabled, resulting in a denial of her applications. (Doc. 9-2, pg. 15). On March 21, 2024, the Appeals Council denied Plaintiff’s request for review. (Doc. 9-2, pgs. 2–7). Therefore, the ALJ’s decision is final for purposes of the Court’s review. Plaintiff

exhausted her administrative remedies and timely filed her Complaint. (Doc. 1). Applicable Legal Standards To qualify for DIBs or SSI, a claimant must be disabled. A disability is defined as an inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that, inter alia, 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). The

claimant bears the burden of producing medical evidence to support the claims of disability. Eichstadt v. Astrue, 534 F.3d 663, 668 (7th Cir. 2008); see also 42 U.S.C. § 423(d)(5)(A) (“An individual shall not be considered to be under disability unless he furnishes such medical and other evidence of the existence thereof.”). While a claimant’s statements of pain or other symptoms are considered, those statements alone are not

conclusive evidence of a disability. See 42 U.S.C. § 423(d)(5)(A); 20 C.F.R. § 404.1529. To assess an alleged disability, the ALJ employs a “five-step sequential evaluation process.” See 20 C.F.R. §§ 404.1520 (a)(1), (2), (4); 416.920(a)(1), (4). The ALJ asks the following questions: (1) whether the claimant is doing substantial gainful activity; (2) whether the claimant has a severe medically determinable physical or mental

impairment that meets certain duration requirements or a combination of impairments that is severe and meets the duration requirements; (3) whether the claimant has an impairment that meets or equals one of the impairments listed in the regulations and satisfies the duration requirements; (4) whether, in view of the claimant’s residual functional capacity (“RFC”) and past relevant work, he or she can perform past relevant work; and (5) whether, in view of the claimant’s RFC, age, education, and work

experience, he or she can adjust to other work. See 20 C.F.R. §§ 404.1520(a)(4); 416.920(a)(4); see also Young v. Barnhart, 362 F.3d 995, 1000 (7th Cir. 2004). If the claimant is doing substantial gainful activity under step 1, does not have an impairment or combination of impairments as described at step 2, can perform past relevant work under step 4, or can adjust to other work under step 5, then the claimant is not disabled. See 20 C.F.R. §§ 404.1520(a)(4)(i),(ii), (iv), (v); 416.920(a)(4)(i), (ii), (iv), (v). If

the claimant has an impairment that meets the requirements of step 3 or is incapable of adjusting to other work under step 5, then he or she is disabled. See 20 C.F.R. §§ 404.1520(a)(4)(iii),(v); 416.920(a)(4)(iii), (v). The claimant has the burden of proof at steps 1-4. Mandrell v. Kijakazi, 25 F.4th 514, 516 (7th Cir. 2022). A severe impairment under step 2 is defined as “any impairment or combination

of impairments which significantly limits [the claimant’s] physical or mental ability to do basic work activities.” §§ 404.1520(c), 416.920(c); see also Barnhart v. Thomas, 540 U.S. 20, 124 S. Ct. 376, 157 L. Ed. 2d 333 (2003). Impairments which are expected to result in death, or those which have lasted or are expected to last for a continuous period of at least twelve months, qualify as severe under the duration requirement. 20 C.F.R. §§ 404.1520(a)(4)(ii);

404.1509; 416.920(a)(4)(ii); 416.909. “[T]he step two determination of severity is ‘merely a threshold requirement’” to “proceed to the remaining steps of the evaluation process.” Castile v. Astrue, 617 F.3d 923, 926-27 (7th Cir. 2010). Once an ALJ makes a finding that one or more of a claimant’s ailments are severe, he must “consider the aggregate effect of the entire constellation of ailments—including those impairments that in isolation are not severe.” Golembiewski v. Barnhart, 322 F.3d 912, 918 (7th Cir. 2003) (citing 20 C.F.R. §

404.1523; and then collecting cases). Impairments and related symptoms may cause physical and mental limitations that affect what may be done in a work setting. See 20 C.F.R. §§ 404.1545(a)(1); 416.945(a)(1). The RFC at issue in step 4 assesses the most that a claimant can do in a work setting, notwithstanding those limitations. See 20 C.F.R. §§ 404.1545(a)(1); 416.945(a)(1); accord SSR 96-8p, 1996 WL 374184, *2; Clifford v. Apfel, 227 F.3d 863, 872-73 n.7 (7th Cir.

2000). In this way, an RFC is an assessment of the claimant’s ability to perform sustained work-related physical and mental activities in a work setting on a regular and continuing basis, i.e., for eight hours a day and five days a week or an equivalent work schedule. See Tenhove v. Colvin, 97 F. Supp. 2d 557, 568 (E.D. Wisc. 2013); SSR 96-8p, 1996 WL 374184, *2; accord Moore v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Barnhart v. Thomas
540 U.S. 20 (Supreme Court, 2003)
Barbara Castile v. Michael Astrue
617 F.3d 923 (Seventh Circuit, 2010)
James Young v. Jo Anne B. Barnhart
362 F.3d 995 (Seventh Circuit, 2004)
Roberta Skinner v. Michael J. Astrue, Commissioner
478 F.3d 836 (Seventh Circuit, 2007)
Eichstadt v. Astrue
534 F.3d 663 (Seventh Circuit, 2008)
Terry v. Astrue
580 F.3d 471 (Seventh Circuit, 2009)
Elder v. Astrue
529 F.3d 408 (Seventh Circuit, 2008)
Alesia v. Astrue
789 F. Supp. 2d 921 (N.D. Illinois, 2011)
Citigroup Inc. v. City Holding Co.
97 F. Supp. 2d 549 (S.D. New York, 2000)
Lechner v. Barnhart
321 F. Supp. 2d 1015 (E.D. Wisconsin, 2004)
Jennifer Moore v. Carolyn Colvin
743 F.3d 1118 (Seventh Circuit, 2014)
Gail Martin v. Andrew M. Saul
950 F.3d 369 (Seventh Circuit, 2020)
Alice Gedatus v. Andrew Saul
994 F.3d 893 (Seventh Circuit, 2021)
Erica Mandrell v. Kilolo Kijakazi
25 F.4th 514 (Seventh Circuit, 2022)
Donna Jarnutowski v. Kilolo Kijakazi
48 F.4th 769 (Seventh Circuit, 2022)
Plessinger v. Berryhill
900 F.3d 909 (Seventh Circuit, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
Pittman v. O'Malley, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pittman-v-omalley-ilsd-2025.