Warkel v. Bisignano

CourtDistrict Court, N.D. Illinois
DecidedJune 27, 2025
Docket1:22-cv-06520
StatusUnknown

This text of Warkel v. Bisignano (Warkel v. Bisignano) 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
Warkel v. Bisignano, (N.D. Ill. 2025).

Opinion

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

JACOB W.,1 ) ) Plaintiff, ) ) Case No. 22 C 6520 v. ) ) Magistrate Judge Laura K. McNally FRANK BISIGNANO, ) Commissioner of ) Social Security,2 ) ) Defendant. )

ORDER3

Before the Court is Plaintiff Jacob W.’s memorandum in support of summary judgment, asking the Court to remand the Administrative Law Judge’s (“ALJ”) decision denying his applications for disability benefits (Dkt. 16: Pl. Mem. in Support of Summ. J.: “Pl. Mem.”) and Defendant’s motion and memorandum in support of summary

1 The Court in this order is referring to Plaintiff by his first name and first initial of his last name in compliance with Internal Operating Procedure No. 22 of this Court.

2 The Court substitutes Frank Bisignano for his predecessor, Leland Dudek, as the proper defendant in this action pursuant to Federal Rule of Civil Procedure 25(d) (a public officer’s successor is automatically substituted as a party).

3 On December 7, 2022, by consent of the parties and pursuant to 28 U.S.C. § 636(c) and Local Rule 73.1, this case was reassigned to the magistrate judge for all proceedings, including entry of final judgment. (Dkt. 8.) judgment (Dkt. 17: Def. Mot. for Summ. J.; Dkt. 18: Def. Mem. in Support of Summ. J.: “Resp.”)

I. Procedural History Plaintiff filed his application for disability insurance benefits on October 19, 2017. (R. 167-73.) He alleged that his onset date was August 6, 2015. (Id.) His date last

insured was December 31, 2021. (R. 1075.) After a hearing, Administrative Law Judge Kimberly Cromer denied Plaintiff’s application on September 19, 2019. (R. 10-29.) The Appeals Council denied Plaintiff’s

appeal on June 17, 2020 (R. 1-6), and Plaintiff appealed to the district court. (R. 1178.) On July 9, 2021, the District Court remanded the case back to the ALJ. (R. 1170-77.) Specifically, the Court directed the ALJ to provide additional evaluation of Plaintiff’s subjective symptoms pursuant to 20 C.F.R. 404.1529, give further consideration of the

opinion evidence and prior administrative findings pursuant to 20 CFR 404.15209c, and to give further consideration to the Plaintiff’s maximum residual functional capacity, including a rationale for the assessed limitations. (R. 1184-89.)

ALJ Edward Studzinski got the case after remand. He held a second hearing on May 11, 2022, during which Plaintiff, who was represented by an attorney, and a vocational expert testified. (R. 1105-43.) On July 27, 2022 , the ALJ found Plaintiff not disabled. (R. 1094.) Plaintiff appealed, and it is that matter that is now before the Court.4 After considering the parties’ briefs and evidence, the Court grants Plaintiff’s motion to

remand and denies the Commissioner’s motion to affirm the opinion of the ALJ. II. ALJ Decision The ALJ applied the Social Security Administration’s five-step sequential

evaluation process to Plaintiff’s claims. At Step One, he found that Plaintiff had not engaged in substantial gainful activity since his onset date. (R. 1077.) At Step Two, the ALJ determined that Plaintiff had the severe impairments of degenerative joint disease

of the ankle, status post motor vehicle accident and left ankle arthroscopy with debridement and synovectomy lateral ligament repair; right shoulder bursitis/tendonitis, status post arthroscopic subacromial decompression; depression, anxiety; and trauma/stressor related disorder. (Id.)

At Step Three, the ALJ found that none of Plaintiff’s impairments met a Listing. (R. 1077-78.) In considering Plaintiff’s mental impairments, the ALJ undertook the “Paragraph B” analysis for evaluating mental limitations. The ALJ determined that

Plaintiff had moderate limitations in understanding, remembering, and applying information, interacting with others, concentrating, persisting, and maintaining pace and adapting and managing himself. (R. 1078-80.)

4 The Appeals Council later denied review (R. 1184-89), making the ALJ’s decision the final decision of the Commissioner. Bertaud v. O’Malley, 88 F.4th 1242, 1244 (7th Cir. 2023). Before Step Four, the ALJ determined that Plaintiff had the following residual functional capacity:

lift and/or carry up to 20 pounds occasionally and 10 pounds frequently, and has no limitations in his total ability to sit, stand, or walk throughout an 8-hour workday. The claimant should be allowed to alternate his position between being on his feet standing and/or walking, and sitting, for 1-2 minutes out of every half hour. While doing so, he would not be required to be off task. He should be allowed to use a cane at all times while walking, but not while standing. He can occasionally push and pull with his right upper extremity, and can occasionally operate foot controls. He can never use his right upper extremity overhead. The claimant can occasionally climb ramps and stairs, and he can occasionally stoop, balance, and crouch, but he can never kneel, crawl, or climb ladders, ropes or scaffolds. He can frequently use his hands to perform fine or gross manipulation. The claimant is limited to working in non-hazardous environment, i.e., no driving at work, operating moving machinery, working at unprotected heights, and he should avoid concentrated exposure to unguarded hazardous machinery. The claimant can understand, remember and carry out simple instructions. The claimant can use judgment to make simple work-related decisions. The claimant can tolerate occasional interactions with supervisors and coworkers. The claimant can tolerate no interactions with the general public. The claimant cannot perform work requiring a specific production rate such as assembly line work. The claimant can deal with occasional changes in a routine work setting.

(R. 1080-81.) At Step Four the ALJ found that Plaintiff could not perform his past work as a pipe fitter. (R. 1092.) At Step Five, the ALJ found there were significant jobs in the national economy Plaintiff could perform pursuant to his residual functional capacity including office helper, routing clerk, and mail clerk. (R. 1093.) Therefore, the ALJ found that Plaintiff was not disabled. (R. 1094.) III. Legal Standard Under the 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, known as “steps,” 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 his former occupation? and (5) Is the plaintiff unable to perform any other work? 20 C.F.R. § 416.920(a)(4).

An affirmative answer at either Step Three or Step Five leads to a finding that the plaintiff is disabled. Young v. Sec'y of Health & Human Servs., 957 F.2d 386, 389 (7th Cir. 1992).

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Warkel v. Bisignano, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warkel-v-bisignano-ilnd-2025.