Robin R. Pontzius v. Frank Bisignano, Commissioner of the Social Security Administration

District Court, N.D. Indiana·Decided March 26, 2026·No. 1:25-cv-00054·Unknown

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION

ROBIN R. PONTZIUS,

Plaintiff,

v. CAUSE NO.: 1:25-CV-54-TLS

FRANK BISIGNANO, Commissioner of the Social Security Administration,

Defendant.

OPINION AND ORDER The Plaintiff Robin R. Pontzius seeks review of the final decision of the Commissioner of the Social Security Administration denying her application for supplemental security income. The Plaintiff argues that the Administrative Law Judge (ALJ) erred related to the vocational expert testimony, the Plaintiff’s residual functional capacity, the consultative examiner’s opinion, and the Plaintiff’s subjective complaints. For the reasons below, the Court finds substantial evidence supports the ALJ’s decision and there is no basis for remand. PROCEDURAL BACKGROUND On November 18, 2022, the Plaintiff filed an application for supplemental security income, alleging disability beginning February 1, 2022. AR 125, ECF No. 9. After the claim was denied initially and on reconsideration, the Plaintiff requested a hearing, which was held before the ALJ on February 8, 2024. AR 145–182. On March 11, 2024, the ALJ issued a written decision, finding the Plaintiff not disabled, AR 125–139, and the Appeals Council subsequently denied review, AR 1–7. Thus, the ALJ’s decision is the final decision of the Commissioner. Jozefyk v. Berryhill, 923 F.3d 492, 496 (7th Cir. 2019). On February 7, 2025, the Plaintiff filed her Complaint [ECF No. 1] in this Court, seeking judicial review under 42 U.S.C. § 405(g). The Plaintiff filed an opening brief, the Commissioner filed a response brief, and the Plaintiff filed a reply brief. ECF Nos. 23, 25, 26. THE ALJ’S DECISION For purposes of supplemental security income, a claimant is “disabled . . . if [she] is unable to engage in any substantial gainful activity by reason of any medically determinable

physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months.” 42 U.S.C. § 1382c(a)(3)(A); see 20 C.F.R. § 416.905(a). To be found disabled, a claimant must have a severe physical or mental impairment that prevents her from doing not only her previous work, but also any other kind of gainful employment that exists in the national economy, considering her age, education, and work experience. 42 U.S.C. § 1382c(a)(3)(B); 20 C.F.R. § 416.905(a). An ALJ conducts a five-step inquiry to determine whether a claimant is disabled. 20 C.F.R. § 416.920. The claimant has the burden at steps one through four; the burden at step five is on the ALJ. Zurawski v. Halter, 245 F.3d 881, 885–86 (7th Cir. 2001); see 20 C.F.R. § 416.912.

The first step is to determine whether the claimant is no longer engaged in substantial gainful activity. Id. § 416.920(a)(4)(i), (b). In this case, the ALJ found that the Plaintiff had not engaged in substantial gainful activity since November 18, 2022, the application date. AR 127. At step two, the ALJ determines whether the claimant has a “severe impairment.” 20 C.F.R. § 416.920(a)(4)(ii), (c). Here, the ALJ determined that the Plaintiff has the severe impairments of breast cancer, osteoarthritis of the knees, chronic obstructive pulmonary disease, depression, and anxiety. AR 127. Step three requires the ALJ to consider whether the claimant’s impairment(s) “meets or equals one of [the] listings in appendix 1 to subpart P of part 404 of this chapter.” 20 C.F.R. § 416.920(a)(4)(iii), (d). If a claimant’s impairment(s), considered singly or in combination with other impairments, meets or equals a listed impairment, the claimant will be found disabled without considering age, education, and work experience. Id. § 416.920(a)(4)(iii), (d). Here, the ALJ found that the Plaintiff does not have an impairment or combination of impairments that meets or medically equals a listing, indicating that she considered Listings 1.18, 3.02, 13.10,

12.04, and 12.06. AR 128–30. When a claimant’s impairment(s) does not meet or equal a listing, the ALJ determines the claimant’s “residual functional capacity” (RFC), which “is an administrative assessment of what work-related activities an individual can perform despite [the individual’s] limitations.” Dixon v. Massanari, 270 F.3d 1171, 1178 (7th Cir. 2001); see 20 C.F.R. § 416.920(e). In this case, the ALJ assessed the following RFC: After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 416.967(b) except the claimant can never climb ladders, ropes, or scaffolds. She can occasionally climb ramps and stairs. She can frequently balance as that term is defined the Selective Characteristics of Occupations ([SCO]) of the Dictionary of Occupational Titles (DOT). She can occasionally stoop, kneel, crouch, and crawl. She can occasionally reach overhead with the left upper extremity and frequently reach in all other directions with the left upper extremity. She must avoid concentrated exposure to hazards, such as unprotected heights and unguarded moving mechanical parts. She must avoid concentrated exposure to dust, odors, fumes, and pulmonary irritants, as defined in the SCO of the DOT. She can understand, remember, and carry out simple tasks and instructions.

AR 130–31. The ALJ then moves to step four and determines whether the claimant can do her past relevant work in light of the RFC. 20 C.F.R. § 416.920(a)(4)(iv), (f). The ALJ noted that the Plaintiff has no past relevant work under 20 C.F.R. § 416.965. AR 137. If the claimant is unable to perform past relevant work, the ALJ considers at step five whether the claimant can “make an adjustment to other work” given the RFC and the claimant’s age, education, and work experience. 20 C.F.R. § 416.920(a)(4)(v), (g). Here, the ALJ found that the Plaintiff is not disabled because the Plaintiff can perform significant jobs in the national economy of marker/retail, cleaner, and sales attendant. AR 137–39. STANDARD OF REVIEW The Social Security Act authorizes judicial review of the agency’s final decision. 42

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Robin R. Pontzius v. Frank Bisignano, Commissioner of the Social Security Administration, (N.D. Ind. 2026).

Robin R. Pontzius v. Frank Bisignano, Commissioner of the Social Security Administration (Robin R. Pontzius v. Frank Bisignano, Commissioner of the Social Security Administration) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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