Rothe v. O'Malley

CourtDistrict Court, N.D. Illinois
DecidedAugust 7, 2023
Docket1:21-cv-00500
StatusUnknown

This text of Rothe v. O'Malley (Rothe 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
Rothe v. O'Malley, (N.D. Ill. 2023).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

CHRISTOPHER R.,1 ) ) No. 21 CV 500 Plaintiff, ) ) v. ) Magistrate Judge Young B. Kim ) KILOLO KIJAKAZI, Commissioner of ) Social Security, ) ) August 7, 2023 Defendant. )

MEMORANDUM OPINION and ORDER

Christopher R. seeks disability insurance benefits (“DIB”), claiming he is disabled by various medical conditions after falling from scaffolding on a construction site. He brings this action pursuant to 42 U.S.C. § 405(g) for judicial review of the final decision of the Commissioner of Social Security denying his application for DIB. Before the court are cross motions for summary judgment. For the following reasons, Christopher’s motion is denied, and the government’s is granted: Background Christopher filed a DIB application in March 2019, alleging disability onset beginning in November 2018. (Administrative Record (“A.R.”) 18.) At the administrative level, his application was denied initially and upon reconsideration. (Id.) Christopher appeared with his attorney telephonically at an August 2020

1 Pursuant to Internal Operating Procedure 22, the court uses Plaintiff’s first name and last initial in this opinion to protect his privacy to the extent possible. hearing, during which he and a vocational expert (“VE”) testified. (Id. at 18, 36.) The administrative law judge (“ALJ”) presiding over the matter ruled in November 2020 that Christopher was not disabled. (Id. at 37.) The Appeals Council denied

Christopher’s request for review, (id. at 1), making the ALJ’s ruling the final decision of the Commissioner, see Jozefyk v. Berryhill, 923 F.3d 492, 496 (7th Cir. 2019). Christopher then filed this lawsuit seeking judicial review, and the parties consented to this court’s jurisdiction. See 28 U.S.C. § 636(c); (R. 7). Analysis Christopher argues that the ALJ improperly evaluated his subjective

symptoms and failed to accommodate his physical and mental limitations when defining his residual functional capacity (“RFC”). (R. 14, Pl.’s Br. at 5.) The court’s function is to assess only whether the ALJ applied the correct legal standards and the final decision has the support of substantial evidence, see Burmester v. Berryhill, 920 F.3d 507, 510 (7th Cir. 2019), which is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, Biestek v. Berryhill, 139 S. Ct. 1148, 1154 (2019) (internal quotation and citations omitted).

This deferential standard precludes the court from reweighing evidence or substituting its judgment for the ALJ’s, allowing reversal “only if the record compels it.” Deborah M. v. Saul, 994 F.3d 785, 788 (7th Cir. 2021) (quotation and citation omitted). But the ALJ must “provide a ‘logical bridge’ between the evidence and his conclusions,” Butler v. Kijakazi, 4 F.4th 498, 501 (7th Cir. 2021), providing enough detail “to enable a review of whether the ALJ considered the totality of a claimant’s limitations,” Lothridge v. Saul, 984 F.3d 1227, 1233 (7th Cir. 2021). Having considered the record, the court finds no error in the ALJ’s analysis warranting a remand.

A. Symptom Assessment Christopher complains that the ALJ “offered skewed versions of the facts and drew improper inferences to undermine” his symptom complaints. (R. 14, Pl.’s Br. at 5.) More specifically, he claims that the ALJ: (1) failed to meaningfully analyze his symptoms before finding them inconsistent with the medical evidence; (2) improperly discounted his pain symptoms; (3) placed too much weight on how far

he fell from scaffolding; and (4) inadequately analyzed his mental health issues. When assessing a claimant’s subjective reports, an ALJ considers objective medical evidence, daily activities, frequency and intensity of symptoms, medications, and treatment to relieve pain or other symptoms, and functional limitations. See SSR 16-3p, 2017 WL 5180304, at *7-8 (Oct. 25, 2017); 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3). An ALJ’s symptom evaluation generally is entitled to great deference because the ALJ observed the claimant’s credibility firsthand.

See Murphy v. Colvin, 759 F.3d 811, 815 (7th Cir. 2014). As such, a court will not disturb a symptom evaluation if it is based on specific findings and evidence and not “patently wrong”—that is, so long as it does not “lack[] any explanation or support.” Id. at 815-16 (citing Elder v. Astrue, 529 F.3d 408, 413-14 (7th Cir. 2008)); see also Bates v. Colvin, 736 F.3d 1093, 1098 (7th Cir. 2013). The court rejects Christopher’s first argument because the ALJ spent considerable effort discussing Christopher’s medical history as compared with his subjective symptom statements. (See A.R. 27-32.) Specifically, she discussed his

workplace accident, the resulting time and treatment in the emergency room, his daily activities, his chronic pain and related medication regimen, his headaches, the x-rays, and MRIs taken throughout his course of care, and his symptoms of and treatment for depression, anxiety, and PTSD. (See id.) In doing so, the ALJ sufficiently explained her reasoning. See Gedatus v. Saul, 994 F.3d 893, 900 (7th Cir. 2021).

Nor did the ALJ improperly discount Christopher’s complaints of shoulder, facial nerve, and head pain. (R. 14, Pl.’s Br. at 7.) Where the medical record does not support a claimant’s assertions of pain, and where “pain is a significant factor” of the claimant’s inability to work, the ALJ must obtain detailed descriptions of the claimant’s daily activities by directing specific inquiries about the pain and its impact. Clifford v. Apfel, 227 F.3d 863, 871-72 (7th Cir. 2000). If the ALJ still finds the subjective statements inconsistent with the record, the ALJ must “explain why

the objective medical evidence does not support [the claimant’s] complaints of disabling pain.” See id. at 872. During the administrative hearing, the ALJ asked Christopher about his daily activities and learned that he washes dishes and dusts with “some difficulty,” which he clarified meant with some pain. (A.R. 52-53.) He takes out the garbage but takes care not to overload the bags, as he “can’t pick things up at a certain weight especially and fling [them],” (id. at 53), and he uses a push lawnmower to care for the lawn, (id. at 54). His fiancé, with whom he lives, performs most of the childcare work. (Id. at 56.) And his hobbies include watching television, taking walks, and talking to his fiancé and child. (Id. at 213.) The ALJ

explored Christopher’s daily activities and their effect on his pain in her opinion. (Id. at 28-29.) The inquiry thus becomes whether the ALJ adequately “explain[ed] why the objective medical evidence does not support” the pain complaints, see Clifford, 227 F.3d at 871-72.

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Bluebook (online)
Rothe v. O'Malley, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rothe-v-omalley-ilnd-2023.