United States District Court, S.D. Indiana, Indianapolis Division
SUSAN L. DRULEY, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of the Social Security, Administration, Defendant.
DECISION ON COMPLAINT FOR JUDICIAL REVIEW
McVicker Lynch United States Magistrate Judge
Susan L. Druley applied in September 2014 for Disability
Insurance Benefits (DIB) and Supplemental Security Income
disability benefits (SSI) under Titles II and XVI,
respectively, of the Social Security Act, alleging she has
been disabled since September 3, 2014. Acting for the
Commissioner of the Social Security Administration following
a hearing on August 16, 2016, administrative law judge
Kimberly Sorg-Graves issued a decision on October 27, 2016,
that Ms. Druley is not disabled. The Appeals Council denied
review of the ALJ's decision on January 24, 2017,
rendering the ALJ's decision for the Commissioner final.
Ms. Druley timely filed this civil action under 42 U.S.C.
§ 405(g) for review of the Commissioner's decision.
The parties consented to the magistrate judge conducting all
proceedings and ordering the entry of judgment in accordance
with 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73.
Druley asserts that the ALJ erred in her analysis of whether
she had acquired work skills appropriately transferable to
the three jobs the ALJ found she was capable of performing.
Therefore, argues Ms. Druley, the decision at step five is
not supported by substantial evidence.
court will first describe the legal framework for analyzing
disability claims and the court's standard of review, and
then address Ms. Druley's specific assertions of error.
for Proving Disability
prove disability, a claimant must show she is unable 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)
(DIB benefits); 42 U.S.C. § 1382c(a)(3)(A) (SSI
benefits). Ms. Druley is disabled if her impairments
are of such severity that she is not able to perform the work
she previously engaged in and, if based on her age,
education, and work experience, she cannot engage in any
other kind of substantial gainful work that exists in
significant numbers in the national economy. 42 U.S.C. §
423(d)(2)(A). The Social Security Administration has
implemented these statutory standards by, in part,
prescribing a five-step sequential evaluation process for
determining disability. 20 C.F.R. § 404.1520.
one asks if the claimant is currently engaged in substantial
gainful activity; if she is, then she is not disabled. Step
two asks whether the claimant's impairments, singly or in
combination, are severe; if they are not, 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). The third step is an analysis of whether
the claimant's impairments, either singly or in
combination, meet or equal the criteria of any of the
conditions in the Listing of Impairments, 20 C.F.R. Part 404,
Subpart P, Appendix 1. The Listing of Impairments includes
medical conditions defined by criteria that the SSA has
predetermined are disabling, so that if a claimant meets all
of the criteria for a listed impairment or presents medical
findings equal in severity to the criteria for a listed
impairment, then the claimant is presumptively disabled and
qualifies for benefits. 20 C.F.R. § 404.1520(a)(4)(iii).
claimant's impairments do not satisfy a listing, then her
residual functional capacity (RFC) is determined for purposes
of steps four and five. RFC is a claimant's ability to do
work on a regular and continuing basis despite her
impairment-related physical and mental limitations. 20 C.F.R.
§ 404.1545. At the fourth step, if the claimant has the
RFC to perform her past relevant work, then she is not
disabled. The fifth step asks whether there is work in the
relevant economy that the claimant can perform, based on her
vocational profile (age, work experience, and education) and
RFC; if so, then she is not disabled.
claimant bears the burden of proof at steps one through four.
Bowen v. Yuckert, 482 U.S. 137, 146 n.5 (1987). If
the claimant meets that burden, then the Commissioner has the
burden at step five to show that work exists in significant
numbers in the national economy that the claimant can
perform, given her vocational profile and functional
capacity. 20 C.F.R. § 404.1560(c)(2); Young v.
Barnhart, 362 F.3d 995, 1000 (7th Cir. 2004).
for Review of the ALJ's Decision
review of the Commissioner's (or ALJ's) factual
findings is deferential. A court must affirm if no error of
law occurred and if the findings are supported by substantial
evidence. Dixon v. Massanari, 270 F.3d 1171, 1176
(7thCir. 2001). Substantial evidence means
evidence that a reasonable person would accept as adequate to
support a conclusion. Id. The standard demands more
than a scintilla of evidentiary support, but does not demand
a preponderance of the evidence. Wood v. Thompson,
246 F.3d 1026, 1029 (7th Cir. 2001).
is required to articulate a minimal, but legitimate,
justification for her decision to accept or reject specific
evidence of a disability. Scheck v. Barnhart, 357
F.3d 697, 700 (7th Cir. 2004). The ALJ need not
address every piece of evidence in her decision, but she
cannot ignore a line of evidence that undermines the
conclusions she made, and she must trace the path of her
reasoning and connect the evidence to her findings and
conclusions. Arnett v. Astrue, 676 F.3d 586, 592
(7thCir. 2012); Clifford v. Apfel, 227
F.3d 863, 872 (7th Cir. 2000).
The ALJ's ...