Reetz v. Commissioner of the Social Security Administration

CourtDistrict Court, E.D. Wisconsin
DecidedJanuary 13, 2023
Docket2:21-cv-00177
StatusUnknown

This text of Reetz v. Commissioner of the Social Security Administration (Reetz v. Commissioner of the Social Security Administration) 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
Reetz v. Commissioner of the Social Security Administration, (E.D. Wis. 2023).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

DANIEL REETZ, on behalf of PATRICK GORDON REETZ,

Plaintiff, Case No. 21-cv-0177-bhl v.

KILOLO KIJAKAZI, Commissioner of Social Security Administration,

Defendant. ______________________________________________________________________________

ORDER AND DECISION ______________________________________________________________________________

Daniel Reetz, on behalf of his late son, Patrick Gordon Reetz, seeks reversal and remand of the Acting Commissioner of Social Security’s decision denying Patrick Reetz’s application for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) under the Social Security Act. For the reasons set forth below, the Acting Commissioner’s decision will be affirmed. PROCEDURAL BACKGROUND Reetz applied for SSI and DIB on September 9, 2013 and October 28, 2013, respectively, alleging a disability onset date of June 21, 2012. (ECF No. 23 at 2.) Reetz’s applications were denied initially and on reconsideration and he requested a hearing before an ALJ. (ECF No. 30 at 2.) A hearing was held on September 26, 2016, and the ALJ issued an unfavorable decision on June 5, 2017. (ECF No. 16-6 at 54-76.) Reetz requested review from the Appeals Council, which remanded the case for a new hearing. (Id. at 84-86.) On February 14, 2019, an ALJ conducted a second hearing and issued a partially favorable decision, finding Reetz disabled as of February 21, 2017. (Id. at 90-115.) Reetz requested Appeals Council review, and the Appeals Council again remanded the case on July 1, 2019. (ECF 16-7 at 2.) On November 2019, an ALJ conducted another hearing and heard testimony from both Reetz and a vocational expert. (ECF 16-3 at 14.) The ALJ then issued an unfavorable decision on December 20, 2019. (Id. at 42-43.) On September 16, 2022, the Appeals Council denied review and this appeal followed. (Id. at 2.) FACTUAL BACKGROUND Plaintiff Patrick Gordon Reetz was thirty-five years old on his alleged onset date. (ECF No. 16-3 at 68.) He suffered from chronic pain throughout his neck and back, including his cervical, thoracic, and lumbar spines; migraine headaches; depression; and anxiety. (ECF No. 23 at 3.) Reetz was also considered obese. At the hearing, Reetz testified that he lived in a house by himself and estimated that he was unable to get out of bed due to pain or migraine headaches one or two days each week. (ECF No. 16-3 at 69, 80.) Reetz owned his own construction business from 1999 until 2004, then worked for another construction company, and later opened a sandwich shop. (Id. at 69-72.) Reetz closed his business in November of 2013 after he became ill. (Id. at 72-73.) The ALJ evaluated Reetz’s claim for disability using the mandatory five-step sequential analysis. See 20 C.F.R. §§404.1520(a)(4) (DIB), 416.920(a)(4) (SSI). At step one, the ALJ found that Reetz had not engaged in substantially gainful activity since June 21, 2012, the alleged onset date of his disability. (ECF No. 16-3 at 17.) The ALJ found that Reetz's ownership of a sandwich shop from March 2013 to November 2013 did not generate the required income to discontinue the analysis. (Id.) At step two, the ALJ found that Reetz had the severe impairments of degenerative disc disease of the lumbar spine, chronic pain syndrome, right hip trochanteric bursitis, right infrapatellar saphenous nerve neuropraxia, headaches, obesity, depression, and anxiety. (Id.) At step three, the ALJ concluded that none of Reetz's impairments or combination of impairments met or medically equaled any of the listed impairments. (Id at 21.) At step four, the ALJ found that Reetz had the residual functional capacity (RFC) to perform sedentary work with non- exertional limitations based on: the objective medical evidence, Reetz's course of treatment, his daily activities, his work history, and medical expert opinion. (Id. at 24.) At step five, the ALJ accepted the vocational expert's testimony and concluded that there were a substantial number of jobs in the national economy that Reetz could perform, including work as an order clerk, information clerk, and eyewear assembler, and ultimately found that Reetz was not disabled. (Id. at 41.) LEGAL STANDARD The Court’s task in a social security appeal is a limited one. The Acting Commissioner’s final decision on the denial of benefits will be upheld “if the ALJ applied the correct legal standards and supported [her] decision with substantial evidence.” Jelinek v. Astrue, 662 F.3d 805, 811 (7th Cir. 2011) (citing 42 U.S.C. §405(g)). Substantial evidence is not conclusive evidence; it is merely “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Biestek v. Berryhill, 139 S. Ct. 1148, 1154 (2019) (citation omitted). The Supreme Court has instructed that “the threshold for such evidentiary sufficiency is not high.” Id. In rendering a decision, the ALJ “must build a logical bridge from the evidence to [her] conclusion, but [she] need not provide a complete written evaluation of every piece of testimony and evidence.” Pepper v. Colvin, 712 F.3d 351, 362 (7th Cir. 2013) (citation omitted). That said, an ALJ is not permitted to simply ignore contradictory evidence. Moore v. Colvin, 743 F.3d 1118, 1123 (7th Cir. 2014). In reviewing the entire record, this Court “does not substitute its judgment for that of the Commissioner by reconsidering facts, reweighing evidence, resolving conflicts in evidence, or deciding questions of credibility.” Estok v. Apfel, 152 F.3d 636, 638 (7th Cir. 1998). Judicial review is limited to the rationales offered by the ALJ. Steele v. Barnhart, 290 F.3d 936, 941 (7th Cir. 2002) (citing SEC v. Chenery Corp., 318 U.S. 80, 93-95 (1943)). ANALYSIS Reetz identifies two errors he contends necessitate remand.1 He argues: (1) the ALJ’s residual functional capacity (RFC) analysis was not supported by substantial evidence; and (2) the ALJ’s analysis of Reetz’s subjective symptoms was legally insufficient. Because the ALJ’s analysis is supported by substantial evidence, Reetz’s challenges fail, and the Acting Commissioner’s decision will be affirmed. I. The ALJ’s RFC was Supported by Substantial Evidence. ALJs are responsible for assessing a claimant’s RFC “based on all of the relevant medical evidence and other evidence.” 20 C.F.R. §404.1545(a)(3), 404.1546(c); see Fanta v. Saul, 848 F App’x 655, 658 (7th Cir. 2021) (emphasizing that an ALJ has the final responsibility for determining a claimant’s RFC and is not required to adopt any doctor’s particular opinion.) “In determining an individual’s RFC, the ALJ must evaluate all limitations that arise from medically

1 In his principal brief, Reetz also argued that the Commissioner of Social Security holds office on a constitutionally illicit basis. (ECF No. 23 at 28-29.) He withdrew this argument in his reply brief (ECF No. 31 at 16), and the Court will not address it further.

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Bluebook (online)
Reetz v. Commissioner of the Social Security Administration, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reetz-v-commissioner-of-the-social-security-administration-wied-2023.