Sanders v. Astrue

894 F. Supp. 2d 1100, 2012 WL 3916482, 2012 U.S. Dist. LEXIS 127299
CourtDistrict Court, N.D. Indiana
DecidedSeptember 6, 2012
DocketCause No. 2:11-cv-216-RLM-APP
StatusPublished
Cited by2 cases

This text of 894 F. Supp. 2d 1100 (Sanders v. Astrue) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanders v. Astrue, 894 F. Supp. 2d 1100, 2012 WL 3916482, 2012 U.S. Dist. LEXIS 127299 (N.D. Ind. 2012).

Opinion

OPINION and ORDER

ROBERT L. MILLER, JR., District Judge.

Plaintiff Johnice Sanders seeks judicial review of the Commissioner of Social Security’s final decision denying her application for Supplemental Security Income (“SSI”) benefits under Title XVI of the Social Security Act, 42 U.S.C. § 1381, et seq. The court has jurisdiction over this action under 42 U.S.C. §§ 405(g) and 1383(c). For the reasons that follow, the court reverses and remands this case to the Social Security Administration for further proceedings consistent with this opinion.

I. Background

Ms. Sanders filed her initial application for SSI benefits on January 15, 2008, asserting an onset date of that same date due to a number of issues including back problems, torn ligaments in her right ankle, stress, forgetfulness, depression, sleep problems, vision difficulties, and arthritis in her lower back and forth finger on her left hand. (AR 12, 201). Her application was denied initially, on reconsideration, and following an administrative hearing in January 2010, at which she was represented by counsel. At that hearing, the administrative law judge (“ALJ”) heard testimony from Ms. Sanders and vocational expert (“VE”) Thomas Grzesik. The ALJ found that Ms. Sanders had some severe physical and mental impairments but still could perform certain jobs available in the national and regional economy, and she was therefore not disabled within the meaning of the Act. See 20 C.F.R. § 416.920(g). The Appeals Council denied review of the ALJ decision, making the ALJ’s decision the final determination of the Commissioner. The parties agree that the matter is properly before this court.

II. Standard Op Review

The court must affirm the Commissioner’s determination if it is supported by substantial evidence, 42 U.S.C. § 405(g); Scott v. Astrue, 647 F.3d 734, 739 (7th Cir.2011), which means “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971); see also Jones v. Astrue, 623 F.3d 1155, 1160 (7th Cir.2010). The court can’t re-weigh the evidence, make independent findings of [1103]*1103fact, decide questions of credibility, or substitute its own judgment for that of the Commissioner, Simila v. Astrue, 573 F.3d 503, 513 (7th Cir.2009), but in reviewing the ALJ’s conclusions, “[t]he court will conduct a critical review of the evidence, considering both the evidence that supports, as well as the evidence that detracts from, the Commissioner’s decision, and the decision cannot stand if it lacks evidentiary support or an adequate discussion of the issues.” Briscoe v. Barnhart, 425 F.3d 345, 351 (7th Cir.2005). The ALJ isn’t required “to address every piece of evidence or testimony presented, but must provide a ‘logical bridge’ between the evidence and the conclusions so that [the court] can assess the validity of the agency’s ultimate findings and afford the claimant meaningful judicial review.” Jones v. Astrue, 623 F.3d 1155, 1160 (7th Cir.2010).

III. Discussion

The Social Security Administration uses a sequential five-step analysis to determine if a claimant is disabled. See 20 C.F.R. § 416.920. The first step considers whether the claimant is engaging in substantial gainful activity. The second step evaluates whether an alleged physical or mental impairment is severe, medically determinable, and meets a durational requirement. The third step compares the impairment to a list of impairments that are considered conclusively disabling. If the impairment meets or equals one of the listed impairments, the applicant is considered disabled; if the impairment does not meet or equal a listed impairment, the evaluation continues. The fourth step assesses a claimant’s residual functional capacity (“RFC”) and ability to engage in past relevant work. If a claimant can engage in past relevant work, she is not disabled. The fifth step assesses the claimant’s RFC, as well as her age, education, and work experience to determine whether the claimant can engage in other work. If the claimant can engage in other work, she is not disabled. See Craft v. Astrue, 539 F.3d 668, 673-674 (7th Cir.2008).

Using the standard five-step evaluation for determining disability, the ALJ found that while Ms. Sanders suffered from dysthymic disorder,1 obesity, and lumbar disc disease, none of these impairments met the criteria of any listed impairment described in Appendix 1 of the SSI Regulations (20 C.F.R., Subpart P, Appx. 1). He further found that while Ms. Sanders couldn’t perform her past work as a housekeeper, she was able to perform a significant number of jobs available in the national economy.

This appeal concerns Ms. Sanders’s mental impairments and limitations, not her physical impairments and limitations. The ALJ found that although Ms. Sanders suffered from dysthymic disorder, the mental impairment didn’t meet Listing 12.04 (Affective Disorders). The ALJ rejected the opinion of Ms. Sanders’s treating psychiatrist, Dr. Eugene Kang, about the severity of Ms. Sanders’s depression and the limitations the impairment imposed on her ability to work. Instead, the ALJ gave great weight to the opinions of two state agency psychologists.

Ms. Sanders contends that the ALJ committed a number of errors. First, in finding that Ms. Sanders didn’t meet the requirements of Listing 12.04, Ms. Sanders contends that the ALJ improperly afforded great weight to the opinion of the two state agency psychologists, but not to Ms. Sanders’s treating psychiatrist. Second, Ms. Sanders contends that the ALJ im[1104]*1104properly described her RFC and the corresponding hypothetical posed to the VE. In a related vein, Ms. Sanders maintains that the ALJ failed to question the VE about discrepancies between his testimony and agency regulations. And, finally, Ms. Sanders alleges that the ALJ improperly evaluated her credibility regarding the intensity, persistence, and limiting effects of the symptoms from which she suffered.

A. The Alj’s Weighing of Medical Opinions

Ms. Sanders submitted medical records, including a questionnaire prepared by Dr. Kang in April 2009 that stated that Ms. Sanders suffered from a severe mental impairment which met the requirements of Listing 12.04. In his opinion denying Ms.

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894 F. Supp. 2d 1100, 2012 WL 3916482, 2012 U.S. Dist. LEXIS 127299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-astrue-innd-2012.