Simmons v. Commissioner of Social Security

CourtDistrict Court, S.D. Illinois
DecidedMarch 28, 2022
Docket3:20-cv-01160
StatusUnknown

This text of Simmons v. Commissioner of Social Security (Simmons v. Commissioner of Social Security) 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
Simmons v. Commissioner of Social Security, (S.D. Ill. 2022).

Opinion

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

STEPHEN R. S.,1 ) ) Plaintiff, ) ) vs. ) Case No. 3:20-cv-01160-GCS2 ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant.

MEMORANDUM & ORDER

SISON, Magistrate Judge:

In accordance with 42 U.S.C. § 405(g), Plaintiff seeks judicial review of the final agency decision denying his application for Disability Insurance Benefits (“DIB”) pursuant to 42 U.S.C. § 423. PROCEDURAL HISTORY Plaintiff filed for DIB on February 7, 2018; in his application, he alleged that his disability began on April 26, 2017. (Tr. 13). However, Plaintiff’s claim was unsuccessful, both initially and on reconsideration. Id. On December 31, 2019, the Administrative Law Judge (“ALJ”) held a hearing on Plaintiff’s case. Id. Plaintiff testified and was represented by counsel. Id. Nevertheless, on January 30, 2020, the ALJ determined that Plaintiff was

1 In keeping with the court’s usual practice, Plaintiff’s full name will not be used in this Memorandum and Order due to privacy concerns. See FED. R. CIV. PROC. 5.2(c) and the Advisory Committee Notes thereto.

2 This case was assigned to the undersigned for final disposition upon consent of the parties pursuant to 28 U.S.C. § 636(c). See (Doc. 12). not disabled. (Tr. 24). Plaintiff timely appealed the decision, but on September 30, 2020, the Appeals Council declined review, making the ALJ’s decision the final decision of the

Commissioner. (Tr. 6). ISSUES RAISED BY PLAINTIFF3 Plaintiff raises the following issues: 1. The ALJ erred in providing an incomplete residual functional capacity (“RFC”) assessment which was not supported by substantial evidence; and, 2. The ALJ improperly discounted Plaintiff’s subjective symptom allegations.

APPLICABLE LEGAL STANDARDS

To qualify for DIB, a claimant must be disabled within the meaning of the applicable statutes. Under the Social Security Act, a person is disabled if he has an “inability 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. § 423(d)(1)(a). To determine whether a plaintiff is disabled, the ALJ considers the following five questions in order: (1) Is the plaintiff presently unemployed? (2) Does the plaintiff have a severe impairment? (3) Does the impairment meet or medically equal one of a list of specific impairments enumerated in the regulations? (4) Is the plaintiff unable to perform

3 As the Court finds that remand is appropriate on issue (1), it does not address the other outstanding issue in this case. Therefore, the Court finds that issue (2) is moot. his or her former occupation? and (5) Is the plaintiff unable to perform any other work? See 20 C.F.R. § 404.1520.

An affirmative answer at either step three or step five leads to a finding that the plaintiff is disabled. A negative answer at any step, other than at step three, precludes a finding of disability. The plaintiff bears the burden of proof at steps one through four. Once the plaintiff shows an inability to perform past work, the burden then shifts to the Commissioner to show the plaintiff’s ability to engage in other work existing in significant numbers in the national economy. See Zurawski v. Halter, 245 F.3d 881, 886 (7th

Cir. 2001). It is important to recognize that the scope of judicial review is limited. “The findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive. . . .” 42 U.S.C. § 405(g). Thus, this Court must determine not whether plaintiff was, in fact, disabled at the relevant time, but whether the ALJ’s

findings were supported by substantial evidence and whether any errors of law were made. See Lopez ex rel. Lopez v. Barnhart, 336 F.3d 535, 539 (7th Cir. 2003). The Supreme Court defines substantial evidence as “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 citations omitted).

In reviewing for “substantial evidence,” the entire administrative record is taken into consideration, but this Court does not reweigh evidence, resolve conflicts, decide questions of credibility, or substitute its own judgment for that of the ALJ. See Burmester v. Berryhill, 920 F.3d 507, 510 (7th Cir. 2019). However, while judicial review is deferential, it is not abject; this Court does not act as a rubber stamp for the Commissioner. See Parker v. Astrue, 597 F.3d 920, 921 (7th Cir. 2010). THE DECISION OF THE ALJ

The ALJ followed the five-step analytical framework described above. He first found that Plaintiff did not engage in substantial gainful activity from the alleged onset of his disability through the date on which he was last insured. (Tr. 15). The ALJ found that plaintiff had severe impairments of vascular insult to the brain, coronary artery disease, and obesity. Id. These impairments significantly limited Plaintiff’s ability to

perform basic work activities. Id. Though the ALJ also found impairments of stable branch retinal vein occlusion of the left eye, peripheral arterial disease, left knee dysfunction, and depression and anxiety, he did not find that these alleged impairments significantly limited Plaintiff’s mental or physical ability to perform work-related activities. (Tr. 16).

Although Plaintiff suffered from severe impairments, the ALJ determined that these impairments and the combination of the impairments did not meet or medically equal the severity of those impairments listed in 20 C.F.R. § 404. (Tr. 17-18). Of particular importance to this case, the ALJ found that Plaintiff’s vascular insult to the brain did not meet or medically equal Listing 11.04. (Tr. 18). In order to meet this listing, Plaintiff was

required to demonstrate that he had a central nervous system vascular accident accompanied by one of the following more than three months post-vascular accident: (i) sensory or motor aphasia resulting in ineffective speech or communication; (ii) significant and persistent disorganization of motor function in two extremities, resulting in an extreme limitation in the ability to stand up from a seated position, balance while standing or walking, or use the upper extremities; or (iii) that he had a marked limitation

in understanding, remembering, or applying information; interacting with others; concentrating, persisting, or maintaining pace; or adapting or managing himself. Id. However, as the ALJ considered the latter factors when determining Plaintiff’s mental impairments, those most pertinent to this issue were factors (i) and (ii).

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