Tammi L. G. v. Commissioner of Social Security

CourtDistrict Court, S.D. Illinois
DecidedMarch 30, 2026
Docket3:25-cv-00029
StatusUnknown

This text of Tammi L. G. v. Commissioner of Social Security (Tammi L. G. 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
Tammi L. G. v. Commissioner of Social Security, (S.D. Ill. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

TAMMI L. G.,1 ) ) Plaintiff, ) ) vs. ) Case No. 3:25-cv-29-DWD ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant. )

MEMORANDUM & ORDER DUGAN, District Judge: Under 42 U.S.C. § 405(g), Plaintiff seeks a judicial review of the final agency decision of Defendant, which denied her Disability Insurance Benefits (“DIBs”). For the reasons explained below, the Court AFFIRMS the final agency decision of Defendant. I. Procedural History Plaintiff was born on June 6, 1968. (Doc. 10-2, pg. 30). She applied for DIBs on June 27, 2022, alleging a disability onset date of June 15, 2022. (Doc. 10-5, pgs. 2, 9). Plaintiff’s alleged disability relates to major depressive disorder, generalized anxiety disorder, bipolar 1 disorder—manic depression, borderline personality disorder, and posttraumatic stress disorder. (Doc. 10-6, pg. 6). Plaintiff’s application was denied on February 22, 2023, and again on reconsideration on Augst 29, 2023. (Doc. 10-4, pgs. 8-9, 14-15). Plaintiff requested a hearing before an Administrative Law Judge (“ALJ”), which was held on February 8, 2024. (Doc. 10-2, pgs. 37-58). The ALJ issued an Unfavorable

1Plaintiff’s full name will not be used due to privacy concerns. Decision on July 8, 2024. (Doc. 10-2, pgs. 16-32). Plaintiff’s request for an Appeals Council review was denied on November 15, 2024. (Doc. 10-2, pgs. 2-4). Plaintiff exhausted her

administrative remedies; accordingly, the matter is now ripe for a judicial review. II. Generally Applicable Legal Principles Plaintiff must be disabled in order to receive DIBs. To assess an alleged disability, the ALJ employs a “five-step sequential evaluation process.” See 20 C.F.R. § 404.1520(a)(1), (4). The ALJ asks if Plaintiff: (1) is doing substantial gainful activity; (2) has a severe medically determinable physical or mental impairment that meets certain

duration requirements or a combination of impairments that is severe and meets the duration requirements; (3) has an impairment that meets or equals an impairment listed in the regulations and satisfies the duration requirements; (4) in view of her residual functional capacity (“RFC”) and past relevant work, can perform past relevant work, which is work done within five years that was substantial gainful activity and lasted long

enough for her to learn how to do it; and (5) in view of her RFC, age, education, and work experience, she can adjust to other work. See id. §§ 404.1520(a)(4)-(g); 404.1560(b)(1)(i). If Plaintiff is doing substantial gainful activity under step 1, does not have an impairment or combination of impairments as described at step 2, can perform past relevant work under step 4, or can adjust to other work under step 5, then she is not

disabled. See 20 C.F.R. § 404.1520(a)(4)(i),(ii), (iv), (v). If Plaintiff has an impairment meeting the requirements of step 3 or is incapable of adjusting to other work under step 5, then she is disabled. See id. § 404.1520(a)(4)(iii), (v).2 Plaintiff has the burden of proof at steps 1 to 4. See Mandrell v. Kijakazi, 25 F.4th 514, 516 (7th Cir. 2022). At step 5, the burden

of proof shifts to Defendant to show Plaintiff can adjust to other work existing in significant numbers in the economy. See Brace v. Saul, 970 F.3d 818, 820 (7th Cir. 2020). Impairments and related symptoms, such as pain, may cause physical and mental limitations that affect the ability of Plaintiff to work. See 20 C.F.R. § 404.1545(a)(1). Steps 4 and 5 assess the most Plaintiff can do at work despite those limitations. See id.; accord SSR 96-8p, 1996 WL 374184, *2; Clifford v. Apfel, 227 F.3d 863, 872-73 n. 7 (7th Cir.

2000). Accordingly, an RFC, which the ALJ completes after step 3 but before steps 4 and 5, assesses Plaintiff’s ability to perform sustained physical and mental activities in a work setting on a regular and continuing basis, i.e., for eight hours a day and for five days a week or an equivalent work schedule. Tenhove v. Colvin, 97 F. Supp. 2d 557, 568 (E.D. Wisc. 2013); SSR 96-8p, 1996 WL 374184, *2; accord Moore v. Colvin, 743 F.3d 1118, 1121

(7th Cir. 2014). An RFC must be based on the relevant medical and other evidence contained in the record. See 20 C.F.R. § 404.1545(a)(3); SSR 96-8p, 1996 WL 374184, *2-3, 5. In the RFC, the ALJ must identify Plaintiff’s functional limitations and assess her work-related abilities on a function-by-function basis. Tenhove, 97 F. Supp. 2d at 569; SSR 96-8p, 1996 WL 374184, *1, 3; accord Lechner v. Barnhart, 321 F. Supp. 2d 1015, 1036 (E.D.

Wisc. 2004). When doing so, the ALJ considers all impairments, including those that are

2At step 3, most mental impairment listings require at least two “marked” limitations or one “extreme” limitation under the “paragraph B” criteria, which include: (1) understanding, remembering, or applying information; (2) interacting with others; (3) concentrating, persisting, or maintaining pace; and (4) adapting or managing oneself. See Thompson v. Saul, 470 F. Supp. 3d 909, 912 (E.D. Wisc. 2020). nonsevere, and Plaintiff’s ability to meet physical, mental, sensory, and other work requirements. See 20 C.F.R. § 404.1545(a)(2), (4); Alesia v. Astrue, 789 F. Supp. 2d 921, 933

(N.D. Ill. 2011) (“[T]he ALJ must consider the combined effect of all impairments, ‘even those that would not be considered severe in isolation.’ ”). “An impairment or combination of impairments is not severe if it does not significantly limit [the] physical or mental ability to do basic work activities.” 20 C.F.R. § 404.1522(a). And, importantly, although Plaintiff’s statements of pain or other symptoms are considered, those statements alone do not constitute conclusive evidence of a disability. Id. § 404.1529(a).

As to physical abilities, the ALJ assesses the nature and extent of physical limitations, then determines the RFC for work activity on a regular and continuing basis. See 20 C.F.R. § 404.1545(b). A limited ability to perform physical demands, such as sitting, standing, walking, lifting, carrying, pushing, pulling, reaching, handling, stooping, or crouching may reduce the ability to do past and other work at step 5. Id.; see also SSR 96-

8p, 1996 WL 374184, *5-6. After identifying Plaintiff’s functional limitations and assessing her work abilities on a function-by-function basis, the RFC may be expressed by exertional category, such as “light” or “medium.”3 Tenhove, 97 F. Supp. 2d at 569; accord Lechner, 321 F. Supp. 2d at 1036; SSR 96-8p, 1996 WL 374184, *3.

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