Turner v. Bisignano

District Court, N.D. Illinois·Decided October 6, 2025·No. 3:23-cv-50213·Unknown

Opinion

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

Robin L. T., ) ) Plaintiff, ) ) Case No.: 23-cv-50213 v. ) ) Magistrate Judge Margaret J. Schneider Frank Bisignano, ) Commissioner of Social Security, ) ) Defendant. )

AMENDED MEMORANDUM OPINION AND ORDER1

Plaintiff, Robin L. T., seeks review of the final decision of the Commissioner of the Social Security Administration denying her disability benefits. For the reasons set forth below, Plaintiff’s motion to reverse and remand the Commissioner’s decision [13] is granted and the Commissioner’s motion for summary judgment [19] is denied. This matter is remanded to the Commissioner for further proceedings consistent with this Order.

BACKGROUND

A. Procedural History

On February 19, 2019, Robin L. T. (“Plaintiff”) protectively filed an application for disability and disability insurance benefits. R. 18. This application alleged a disability beginning on September 20, 2015. Id. The Social Security Administration (“Commissioner”) denied her application on April 5, 2019, and upon reconsideration on September 9, 2019. Id. Plaintiff filed a written request for a hearing on September 17, 2019. Id. On August 19, 2020, a telephonic hearing was held by Administrative Law Judge (“ALJ”) Kevin W. Fallis where Robin L. T. appeared and testified. Plaintiff was represented by counsel. Id. At the hearing, an impartial vocational expert, James M. Fuller, also testified. Id.

On September 16, 2020, the ALJ issued his written opinion denying Plaintiff’s claims for disability insurance benefits. R. 27-38. Plaintiff appealed the decision to the Appeals Council, and the Appeals Council denied Plaintiff’s request for review. R. 4-9. Plaintiff sought judicial review of the ALJ’s decision with a complaint in this Court filed on February 22, 2021. The Commissioner’s decision was remanded by agreement on January 28, 2022. See Robin T. v. Kijakazi, Case No. 21 C 50078 [18] (N.D. Ill. Jan. 28, 2022). On the agreed remand, a telephonic hearing was held by ALJ Fallis on January 26, 2023. R. 663. Plaintiff, represented by counsel, appeared and testified. An impartial vocational expert, Judith Findora, also testified. Id. On March 9, 2023, the ALJ issued his written opinion denying Plaintiff’s claims for disability benefits. R.

1 This Order amends the Court’s Order of July 3, 2025 [25]. 663-675. Plaintiff now seeks judicial review of the ALJ’s decision, which stands as the final decision of the Commissioner. See 42 U.S.C. § 405(g); Schmidt v. Astrue, 496 F.3d 833, 841 (7th Cir. 2007). The parties have consented to the jurisdiction of this Court. See 28 U.S.C. § 636(c); [6]. Now before the Court are Plaintiff’s brief in support of her motion to reverse and remand the Commissioner’s decision [13], the Commissioner’s motion for summary judgment, and response to Plaintiff’s brief [19], and Plaintiff’s reply brief [22].

B. The ALJ’s Decision

In his ruling, the ALJ followed the statutorily required five-step analysis to determine whether Plaintiff was disabled under the Social Security Act. See 20 C.F.R. § 404.1520(a)(4). At step one of the five-step analysis, the ALJ found that Plaintiff had not engaged in substantial gainful activity since the alleged onset date of September 20, 2015, through her date last insured of December 31, 2020. R. 666. At step two, the ALJ found that Plaintiff had the following severe impairments: degenerative disc disease, lumbar spine and cervical spine; degenerative joint disease, right hip; carpal tunnel syndrome; neuropathic pain; rheumatoid arthritis; osteoarthritis; fibromyalgia; hypoglycemia; irritable bowel syndrome; palpitations; periodic headache syndrome; and migraine. Id. The ALJ found that these impairments significantly limited Plaintiff’s ability to perform basic work activities. Id. The ALJ also found that Plaintiff had a medically determinable mental impairment of depression but found that it did not cause more than a minimal limitation in Plaintiff’s ability to perform basic mental work activities and, therefore, was determined to be non- severe. Id. At step three, the ALJ found that Plaintiff did not have an impairment or combination or impairments that met or medically equaled the severity of an impairment listed in 20 C.F.R. § 404, Subpart P, Appendix 1. R. 667-68.

Before step four, the ALJ found that Plaintiff had a residual functional capacity (“RFC”) to perform light work, except that she can never climb ladders, ropes, or scaffolds. She can occasionally climb ramps or stairs, stoop, kneel, crouch, or crawl. Plaintiff can frequently balance, occasionally reach overhead with the right upper extremity, and can perform frequent handling and fingering of objects. Plaintiff must avoid concentrated exposure to vibration, avoid concentrated expose to extreme cold and be exposed up to a moderate noise level. She cannot work in direct sunlight and must avoid concentrated use of hazardous moving machinery and avoid all exposure to unprotected heights. R. 668-73. At step four, the ALJ found that Plaintiff was unable to perform any past relevant work. R. 673-75. At step five, the ALJ found that Plaintiff had not been under a disability under the Social Security Act at any time from September 20, 2015, through date last insured, December 31, 2020. R. 675.

STANDARD OF REVIEW

The reviewing court evaluates the ALJ’s determination to establish whether it is supported by “substantial evidence,” meaning “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Cain v. Bisignano, No. 24-1590, 2025 WL 2202133, at *3 (7th Cir. Aug. 4, 2025) (quoting Crowell v. Kijakazi, 72 F.4th 810, 813 (7th Cir. 2023)). “Substantial evidence is ‘more than a mere scintilla.’” Biestek v. Berryhill, 587 U.S. 97, 97, 103 (2019) (citations omitted). “Whatever the meaning of ‘substantial’ in other contexts,” the Supreme Court has emphasized, “the threshold for such evidentiary sufficiency is not high.” Crowell, 72 F.4th at 813 (quoting Biestek, 587 U.S. at 103) (citation modified). As such, the reviewing court takes a limited role and cannot displace the decision by reconsidering facts or evidence or by making independent credibility determinations, id. at 814 (citing Elder v. Astrue, 529 F.3d 408, 413 (7th Cir. 2008)), and “confines its review to the reasons offered by the ALJ.” Green v. Astrue, No. 11 CV 8907, 2013 WL 709642, at *7 (N.D. Ill. Feb. 27, 2013). As the Seventh Circuit has made clear, ALJs are “subject to only the most minimal of articulation requirements” and “need not address every piece or category of evidence identified by a claimant, fully summarize the record, or cite support for every proposition or chain of reasoning.” Warnell v. O’Malley, 97 F.4th 1050, 1053 (7th Cir. 2024) (citations omitted).

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