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Schadenfroh v. Colvin

United States District Court, S.D. Indiana, Indianapolis Division

February 28, 2014

LINDA L. SCHADENFROH, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.

REPORT AND RECOMMENDATION

DENISE K. LaRUE, Magistrate Judge.

Plaintiff Linda Schadenfroh applied for disability-insurance benefits and supplement-security-income disability benefits under the Social Security Act due to an alleged disability commencing in August 2009. The defendant Commissioner of Social Security denied her application and she now invokes judicial review of that decision. The assigned district judge referred this Cause to this magistrate judge for preparation of a report and recommendation.

Standards

Judicial review of the Commissioner's factual findings is deferential: courts must affirm if her findings are supported by substantial evidence in the record. 42 U.S.C. § 405(g); Skarbek v. Barnhart, 390 F.3d 500, 503 (7th Cir. 2004); Gudgel v. Barnhart, 345 F.3d 467, 470 (7th Cir. 2003). Substantial evidence is more than a scintilla, but less than a preponderance, of the evidence. Wood v. Thompson, 246 F.3d 1026, 1029 (7th Cir. 2001). If the evidence is sufficient for a reasonable person to conclude that it adequately supports the Commissioner's decision, then it is substantial evidence. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971); Carradine v. Barnhart, 360 F.3d 751, 758 (7th Cir. 2004). This limited scope of judicial review derives from the principle that Congress has designated the Commissioner, not the courts, to make disability determinations:

In reviewing the decision of the ALJ [administrative law judge], we cannot engage in our own analysis of whether [the claimant] is severely impaired as defined by the SSA regulations. Nor may we reweigh evidence, resolve conflicts in the record, decide questions of credibility, or, in general, substitute our own judgment for that of the Commissioner. Our task is limited to determining whether the ALJ's factual findings are supported by substantial evidence.

Young v. Barnhart, 362 F.3d 995, 1001 (7th Cir. 2004). Carradine, 360 F.3d at 758. While review of the Commissioner's factual findings is deferential, review of her legal conclusions is de novo. Jones v. Astrue, 623 F.3d 1155, 1160 (7th Cir. 2010).

The Social Security Act defines disability as the "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 has lasted or can be expected to last for a continuous period of not less than 12 months". 42 U.S.C. §§ 416(i)(1) and 423(d)(1)(A). A person will be determined to be disabled only if her impairments "are of such severity that [she] is not only unable to do [her] previous work but cannot, considering [her] age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy." 42 U.S.C. § 423(d)(2)(A). The combined effect of all of an applicant's impairments shall be considered throughout the disability determination process. 42 U.S.C. § 423(d)(2)(B).

The Social Security Administration ("SSA") has implemented these statutory standards in part by prescribing a "five-step sequential evaluation process" for determining disability. 20 C.F.R. § 404.1520. If disability status can be determined at any step in the sequence, an application will not be reviewed further. Id. At the first step, if the applicant is currently engaged in substantial gainful activity, then she is not disabled. At the second step, if the applicant's impairments are not severe, then she is not disabled. A severe impairment is one that "significantly limits [a claimant's] physical or mental ability to do basic work activities." 20 C.F.R. § 404.1520(c). Third, if the applicant's impairments, either singly or in combination, meet or medically equal the criteria of any of the conditions included in the Listing of Impairments, 20 C.F.R. Part 404, Subpart P, Appendix 1, then the applicant is deemed disabled. The Listing of Impairments are medical conditions defined by criteria that the SSA has pre-determined are disabling. 20 C.F.R. § 404.1525. If the applicant's impairments do not satisfy a Listing, then her residual functional capacity ("RFC") will be determined for the purposes of the next two steps. RFC is an applicant's ability to do work on a regular and continuing basis despite his impairment-related physical and mental limitations and is categorized as sedentary, light, medium, or heavy. 20 C.F.R. § 404.1545. At the fourth step, if the applicant has the RFC to perform her past relevant work, then she is not disabled. Fifth, considering the applicant's age, work experience, and education (which are not considered at step four), and her RFC, she will not be determined to be disabled if she can perform any other work that exists in significant numbers in the national economy.

The burden rests on the applicant to prove satisfaction of steps one through four. The burden then shifts to the Commissioner at step five to establish that there are jobs that the applicant can perform in the national economy. Young v. Barnhart, 362 F.3d 995, 1000 (7th Cir. 2004). If an applicant has only exertional limitations that allow her to perform the full range of work at her assigned RFC level, then the Medical-Vocational Guidelines, 20 C.F.R. Part 404, Subpart P, Appendix 2 (the "grids"), may be used at step five to arrive at a disability determination. The grids are tables that correlate an applicant's age, work experience, education, and RFC with predetermined findings of disabled or not-disabled. 20 C.F.R. §§ 404.1569 and 1569a. If an applicant has non-exertional limitations or exertional limitations that limit the full range of employment opportunities at her assigned RFC level, then the grids may not be used to determine disability at that level; a vocational expert must testify regarding the numbers of jobs existing in the economy for a person with the applicant's particular vocational and medical characteristics. Id .; Lee v. Sullivan, 988 F.2d 789, 793 (7th Cir. 1993). The grids result, however, may still be used as an advisory guideline in such cases. 20 C.F.R. § 404.1569.

An application for benefits, together with any evidence submitted by the applicant and obtained by the agency, undergoes initial review by a state-agency disability examiner and a physician or other medical specialist. If the application is denied, the applicant may request reconsideration review, which is conducted by different disability and medical experts. If denied again, the applicant may request a hearing before an administrative law judge ("ALJ").[1] An applicant who is dissatisfied with the decision of the ALJ may request the SSA's Appeals Council to review the decision. If the Appeals Council either affirms or declines to review the decision, then the applicant may file an action in district court for judicial review. 42 U.S.C. § 405(g). If the Appeals Council declines to review a decision, then the decision of the ALJ becomes the final decision of the Commissioner for judicial review.

Background

Ms. Shadenfroh's application for benefits was denied on initial and reconsideration reviews. An ALJ held a hearing during which Ms. Shadenfroh and a vocational expert testified. Ms. Shadenfroh was represented by current counsel during that hearing.

At step one of the five-step process, the ALJ found that Ms. Shadenfroh has not engaged in substantial gainful activity since August 2009, her alleged onset of disability. At step two, she found that Ms. Shadenfroh has the severe impairments of degenerative disc disease; history of right-knee fracture; pain, swelling, mild chondromalacia, Baker's cyst, and ligament degeneration in the left knee; carpal tunnel syndrome in both hands; facial injuries with associated pain resulting from a motor-vehicle accident; fibromyalgia; obesity; major depressive disorder; and anxiety.

At step three, the ALJ found that Ms. Shadenfroh does not have an impairment or combination of impairments that meet or medically equal any of the listings. She examined listings 1.04 (disorders of the spine) for degenerative disc disease; 1.02A (major dysfunction of a joint(s) (due to any cause)) for knee problems, carpal tunnel syndrome; 11.14 (peripheral neuropathies) for carpal tunnel syndrome; all 11.00 listings (neurological) for facial pain; 1.00Q (musculoskeletal system), 3.00I (respiratory system), and 4.00I (cardiovascular system) for obesity; 14.06 (undifferentiated and mixed connective tissue disease), 14.00D5 (autoimmune disorders) and 14.09 (inflammatory arthritis) for fibromyalgia; and 12.04 (affective disorders) and 12.06 (anxiety-related disorders) for depression and anxiety.

For steps four and five, the ALJ determined Ms. Shadenfroh's RFC. She found that Ms. Shadenfroh could perform "light" work with the following restrictions:

• alternate sitting and standing.
• occasionally balance, stoop (never repetitively below the waist), and crouch.
• no kneeling, crawling, or climbing ramps, stairs, ladders, ropes, or scaffolds.
• occasionally reach, but never with both upper limbs at or above shoulder level.
• occasional handling and fingering with both upper limbs.
• avoid all exposure to vibration, unprotected heights, and dangerous ...

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