Winkel v. Bisignano

CourtDistrict Court, E.D. Wisconsin
DecidedJuly 22, 2025
Docket2:24-cv-01138
StatusUnknown

This text of Winkel v. Bisignano (Winkel v. Bisignano) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Winkel v. Bisignano, (E.D. Wis. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

HEIDI A. WINKEL,

Plaintiff,

v. Case No. 24-CV-1138-SCD

FRANK J. BISIGNANO, Commissioner of the Social Security Administration,

Defendant.

DECISION AND ORDER

Heidi Winkel worked numerous low-paying, part-time jobs throughout her forty-five years, but she never held a full-time position. She eventually applied for social security disability benefits, alleging that she was unable to work due to bipolar disorder and anxiety that caused difficulties concentrating, getting along with others, and handling stress. An administrative law judge determined that Winkel was capable of full-time competitive employment despite her severe mental impairments. Winkel seeks judicial review of that decision, arguing that the ALJ erred in evaluating her alleged mental symptoms and certain medical opinion evidence. I agree that the ALJ’s subjective-symptom evaluation lacks logical support in the record, that the ALJ failed to provide a good explanation for rejecting the opinion of an examining psychologist, and that the ALJ didn’t comply with binding social security regulations when assessing the opinions of Winkel’s treating psychiatrist. Accordingly, I will reverse the decision denying Winkel disability benefits and remand the matter for further proceedings. BACKGROUND In 2021, Winkel applied for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act, claiming that she was unable to work due to various physical and mental impairments. I. Vocational and Medical Background

Winkel was born in 1978 and grew up around Sheboygan, Wisconsin. See R. 957.1 She did well in high school and attended college at CU Bolder but dropped out after just one semester. See R. 41–42, 336, 724. Winkel returned to the Sheboygan area and eventually was married and had two children. See R. 242, 725, 754. She got divorced in 2016 and later had two other children from different relationships. At the time she applied for disability benefits, Winkel had custody (or at least partial custody) of the two youngest kids. See R. 242, 247, 705. The father of the youngest one was incarcerated for a domestic incident with Winkel. See R. 752, 755–56, 975. Winkel said she struggled balancing the responsibilities of being a

single parent, but she did her best to get by. See R. 753–55, 932, 953, 1012. Over the years, Winkel worked countless part-time jobs—literally, there’s so many she can’t even remember them all—mostly in customer service and retail. See R. 263–328, 336– 37, 428, 724, 755, 760, 932, 978. Her recent jobs included delivering pizzas, driving for Lyft, and cleaning houses while her kids were in school. See R. 42, 243, 336, 735–36, 770, 920, 929– 30, 932, 1029, 1145. Winkel typically found work though staffing agencies as part of state- sponsored vocational programs. See R. 46–47, 340, 397–433, 755, 921. She has never had a full-time job. See R. 42–43, 736.

1 The transcript is filed on the docket at ECF No. 11-1. 2 Although she suffers from several impairments, Winkel claimed the biggest barrier to full-time employment was her mental health. See R. 43–46. Her mental health issues date back to age eighteen or nineteen, when she was hospitalized for several months following a psychotic breakdown. See R. 341, 705, 724, 754, 977. After leaving the mental hospital,

Winkel participated in counseling and was prescribed various psychotropic medications for rapid-cycling bipolar disorder and generalized anxiety disorder. See R. 459–590, 965–79. She was hospitalized a few other times, though not since the early 2000s. See R. 705, 932. Winkel took a break from her meds while pregnant with and breastfeeding her youngest child. See R. 705–14, 965–79. She resumed Lamictal (an anticonvulsant used to treat bipolar disorder) in November 2019 and participated in individual therapy; however, her treatment tailed off during the coronavirus pandemic. In April 2021, Winkel reestablished care through Sheboygan County Health and Human Services. See R. 753–56. She presented as slightly anxious and with somewhat

pressured speech and slightly paranoid thinking during the intake assessment. She also described fluctuating moods that resulted in good and bad days. The therapist diagnosed bipolar disorder type II, recommended continued individual therapy, and referred Winkel to psychiatry. During her therapy sessions, Winkel reported difficulty handling the stress and anxiety of being a single parent and trying to make ends meet. See R. 946, 953, 955, 959. She also reported racing, negative thoughts, especially regarding how others perceived her. The therapist noted that at times Winkel appeared distractible and was difficult to follow and redirect. In June 2021, Winkel started seeing Daniel Knoedler for psychiatric care. See R. 957–

58. She generally endorsed a continued switch between periods of mood elevation during 3 which she was anxious, hyper-focused, and irritable and periods of depression, though Dr. Knoedler noted that Winkel didn’t clearly describe her symptoms. Dr. Knoedler did not observe any evidence of psychosis during the initial evaluation, and Winkel’s cognitive status was within normal limits. He diagnosed atypical bipolar disorder and prescribed Lamictal. At

a follow-up appointment the next month, Winkel reported feeling a little better since getting back on meds. R. 717. However, she continued to have a lot of stress at home, and she exhibited a moderately anxious affect. Dr. Knoedler increased the Lamictal dosage at that appointment and again a few months later. See R. 717–18. In October 2021, Winkel indicated that the increased dosage was somewhat helpful, but she still had periods of anxiety and racing thoughts throughout the day. R. 719. Dr. Knoedler prescribed Seroquel. In December 2021, Winkel started seeing a different psychiatrist, Elaina Klimchuck. See R. 720. Winkel exhibited normal speech, a good mood, full-range affect, linear and goal- directed thought process, and adequate insight and judgment during her initial mental status

examination. Nevertheless, Dr. Klimchuck increased the Seroquel dosage. Dr. Klimchuck increased the Seroquel dosage again at two follow-up appointments, and in February 2022 she added Buspar to Winkel’s treatment regimen. See R. 721–22. Winkel reported feeling much better after starting the new medication. R. 723. It appears Winkel went without treatment for several months before resuming therapy in November 2022. See R. 757. At that session, Winkel was appropriately groomed, oriented, and cordial. However, her mood was sad (tearful at times), she was mildly anxious, and she reported intrusive thoughts about suicide and giving her children up for adoption when her emotions ran high. During follow-up sessions, Winkel was tearful at times, and she frequently exhibited a talkative mood, tangential thoughts, and anxiety. See R. 758–59, 763–65, 767.

4 In December 2022, Winkel started seeing Steven Ortell for psychiatric care. See R. 724– 26. Dr. Ortell noted that Winkel was well-groomed and straightforward; made good eye contact; followed the conversation without difficulty; had a good continuity of thoughts; exhibited no evidence of hallucinations, psychosis, or delusional thinking; and was cognitively

oriented to person, place, and time. Winkel did, however, endorse intermittent suicidal ideation when overwhelmed. Dr. Ortell diagnosed bipolar disorder type I with psychotic features and added Lithium to Winkel’s growing medication list. Winkel frequently told Dr. Ortell that she felt overwhelmed and had issues with mood instability. See R. 766, 920, 925, 929, 932, 1145. Although Winkel’s mental status exams were generally unremarkable, Dr.

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