Singleton v. Saul

CourtDistrict Court, N.D. Illinois
DecidedOctober 7, 2021
Docket1:19-cv-01199
StatusUnknown

This text of Singleton v. Saul (Singleton v. Saul) 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
Singleton v. Saul, (N.D. Ill. 2021).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

ANGELA S.,1 ) ) Plaintiff, ) ) No. 19 C 1199 v. ) ) Magistrate Judge Beth W. Jantz KILOLO KIJAKAZI, Acting ) Commissioner of Social Security,2 ) ) Defendant. ) )

MEMORANDUM OPINION AND ORDER This action was brought under 42 U.S.C. § 405(g) to review the final decision of the Commissioner of Social Security denying Plaintiff Angela S.’s application for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”). The parties have consented to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). For the reasons that follow, Plaintiff’s motion to reverse the decision of the Commissioner of Social Security [dkt. 24, Pl.’s Mot.] is denied, and the Commissioner’s motion for summary judgment [dkt. 32, Def.’s Mot.] is granted.

1 In accordance with Internal Operating Procedure 22, Privacy in Social Security Opinions, the Court refers to Plaintiff by her first name and the first initial of her last name.

2 Pursuant to Federal Rule of Civil Procedure 25(d), Commissioner Kilolo Kijakazi has been substituted for her predecessor. BACKGROUND I. Procedural History On June 19, 2012, Plaintiff filed a claim for DIB and SSI, alleging disability since June 1, 2011, due to affective disorder, panic disorder, osteoarthritis, diabetes, and hypertension.

[Dkt. 11-1, R. at 601.] Plaintiff’s claim was denied initially and upon reconsideration, after which she timely requested a hearing before an Administrative Law Judge (“ALJ”), which was held on April 1, 2014. [R. at 37-102.] Plaintiff personally appeared and testified at the hearing and was represented by counsel. [R. at 39-80.] Vocational expert (“VE”) Julie Lenvose also testified. [R. at 81-92.] On May 28, 2014, the ALJ initially denied Plaintiff’s claim for benefits, finding her not disabled under the Social Security Act, and the Appeals Council then denied Plaintiff’s request for review. [R. at 20-32, 1-3.] Plaintiff appealed that unfavorable decision to this Court, and the Court remanded the case by agreement of the parties for further proceedings. [R. at 744-57.] Following remand, on September 27, 2018, the ALJ held another hearing, at which Plaintiff again personally appeared and testified and was represented by counsel. [R. at

602, 666-717.] VE Grace Gianforte also testified. [R. at 683-717.] The ALJ cited that, at the hearing, Plaintiff testified that she began suffering from anxiety in September 2001 following the terrorist attacks. [R. at 608.] On March 8, 2019, the ALJ issued a decision finding that Plaintiff became disabled on April 16, 2015, and awarding SSI benefits for the period beginning on that date but denying both SSI and DIB benefits for the period prior to April 16, 2015. [R. at 601- 17.] The Social Security Administration Appeals Council then denied Plaintiff’s request for review, leaving the ALJ’s decision as the final decision of the Commissioner and, therefore, reviewable by the District Court under 42 U.S.C. § 405(g). Cullinan v. Berryhill, 878 F.3d 598, 603 (7th Cir. 2017). II. The ALJ’s Relevant Decision The ALJ analyzed Plaintiff’s claim in accordance with the Social Security Administration’s five-step sequential evaluation process. [R. at 601-17.] The ALJ found at step one that Plaintiff had not engaged in substantial gainful activity since her alleged onset date of

June 1, 2011. [R. at 604.] At step two, the ALJ concluded that Plaintiff had the following severe impairments: osteoarthritis, depression, and anxiety. [R. at 604.] The ALJ concluded at step three that her impairments, alone or in combination, do not meet or medically equal one of the Social Security Administration’s listings of impairments (a “Listing”). [R. 604-08.] Before step four, the ALJ determined that Plaintiff retained the residual functional capacity (“RFC”) to perform light work except that she (1) “is unable to work at heights or frequently climb ladders,” (2) “would be unable to carry out detailed and complex job instructions,” (3) “is limited to simple, routine tasks involving no more than simple, short instructions and simple work-related decisions, with few workplace changes,” and (4) “may only have casual interaction with the general public.” [R. at 608.]

At step four, the ALJ concluded that Plaintiff would be unable to perform her past relevant work as a telephone order clerk. [R. at 614.] At step five, based upon the VE’s testimony and Plaintiff’s age, education, work experience and RFC, the ALJ concluded that, prior to April 16, 2015 (so the period for which benefits were denied), Plaintiff could perform work as a stock checker, cafeteria attendant, and clerical stock checker, leading to a finding that she was not disabled prior to April 16, 2015 under the Social Security Act. [R. at 615-17.] Because Plaintiff’s age category changed on April 16, 2015, the ALJ determined that Plaintiff became disabled under the regulations as of that date. [R. at 616.] DISCUSSION I. Judicial Review Under the Social Security Act, a person 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 12 months.” 42 U.S.C. § 423(d)(1)(A). To determine disability within the meaning of the Social Security Act, the ALJ conducts a five-step inquiry, asking whether: (1) the claimant has performed any substantial gainful activity during the period for which she claims disability; (2) the claimant has a severe impairment or combination of impairments; (3) the claimant’s impairment meets or equals any listed impairment; (4) the claimant retains the RFC to perform her past relevant work; and (5) the claimant is able to perform any other work existing in significant numbers in the national economy. 20 C.F.R. § 416.920(a). “A finding of disability requires an affirmative answer at either step three or step five.” Briscoe ex rel. Taylor v. Barnhart, 425 F.3d 345, 352 (7th Cir.

2005). “The claimant bears the burden of proof at steps one through four, after which at step five the burden shifts to the Commissioner.” Id. Judicial review of the ALJ’s decision is limited to determining whether it adequately discusses the issues and is based upon substantial evidence and the proper legal criteria. Villano v. Astrue, 556 F.3d 558, 561-62 (7th Cir. 2009). “Substantial evidence” 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 omitted). “To determine whether substantial evidence exists, the court reviews the record as a whole but does not attempt to substitute its judgment for the ALJ’s by reweighing the evidence, resolving material conflicts, or reconsidering facts or the credibility of witnesses.” Beardsley v.

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Singleton v. Saul, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singleton-v-saul-ilnd-2021.