United States District Court, N.D. Indiana, South Bend Division
OPINION AND ORDER
Simeri filed this action seeking review of the denial of her
claim for disability benefits. She argues that she is
disabled due to fibromyalgia, depression, and anxiety, among
other conditions, and that the Commissioner's decision to
the contrary was unsupported. For the following reasons, the
Court remands this action to the Commissioner for further
Simeri suffers from fibromyalgia, which causes her to
experience tenderness and pain throughout her body. She has
also been diagnosed with depression and anxiety. She applied
for social security disability benefits, claiming that these
conditions left her unable to work. After holding a hearing,
an administrative law judge concluded that Ms. Simeri did
have severe impairments. The ALJ also found that Ms. Simeri
had “moderate difficulties” with regard to
concentration, persistence, or pace, but that she did not
satisfy a listing. The ALJ thus formulated Ms. Simeri's
residual functional capacity, finding that she could perform
light work as long as she could alternate sitting, standing,
and walking, and that she was limited to performing simple,
routine tasks, among other limitations. Based on the
testimony of a vocational expert, the ALJ found that Ms.
Simeri would be unable to perform her past work, but that she
could perform other jobs that exist in substantial numbers,
including working as a route clerk or an usher or greeter.
Accordingly, the ALJ concluded that Ms. Simeri was not
disabled. The Appeals Council denied review, so Ms. Simeri
filed this action seeking a reversal of that decision.
STANDARD OF REVIEW
the Appeals Council denied review, the Court evaluates the
ALJ's decision as the final word of the Commissioner of
Social Security. Schomas v. Colvin, 732 F.3d 702,
707 (7th Cir. 2013). This Court will affirm the
Commissioner's findings of fact and denial of disability
benefits if they are supported by substantial evidence.
Craft v. Astrue, 539 F.3d 668, 673 (7th Cir. 2008).
Substantial evidence consists of “such relevant
evidence as a reasonable mind might accept as adequate to
support a conclusion.” Richardson v. Perales,
402 U.S. 389, 401 (1971). This evidence must be “more
than a scintilla but may be less than a preponderance.”
Skinner v. Astrue, 478 F.3d 836, 841 (7th Cir.
2007). Thus, even if “reasonable minds could
differ” about the disability status of the claimant,
the Court must affirm the Commissioner's decision as long
as it is adequately supported. Elder v. Astrue, 529
F.3d 408, 413 (7th Cir. 2008).
the duty of the ALJ to weigh the evidence, resolve material
conflicts, make independent findings of fact, and dispose of
the case accordingly. Perales, 402 U.S. at 399-400.
In this substantial-evidence determination, the Court
considers the entire administrative record but does not
reweigh evidence, resolve conflicts, decide questions of
credibility, or substitute the Court's own judgment for
that of the Commissioner. Lopez ex rel. Lopez v.
Barnhart, 336 F.3d 535, 539 (7th Cir. 2003).
Nevertheless, the Court conducts a “critical review of
the evidence” before affirming the Commissioner's
decision. Id. An ALJ must evaluate both the evidence
favoring the claimant as well as the evidence favoring the
claim's rejection and may not ignore an entire line of
evidence that is contrary to his or her findings.
Zurawski v. Halter, 245 F.3d 881, 887 (7th Cir.
2001). Consequently, an ALJ's decision cannot stand if it
lacks evidentiary support or an adequate discussion of the
issues. Lopez, 336 F.3d at 539. While the ALJ is not
required to address every piece of evidence or testimony
presented, the ALJ must provide a “logical
bridge” between the evidence and the conclusions.
Terry v. Astrue, 580 F.3d 471, 475 (7th Cir. 2009).
STANDARD FOR DISABILITY
benefits are available only to those individuals who can
establish disability under the terms of the Social Security
Act. Estok v. Apfel, 152 F.3d 636, 638 (7th Cir.
1998). Specifically, the claimant must be 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
12 months.” 42 U.S.C. § 423(d)(1)(A). The Social
Security regulations create a five-step sequential evaluation
process to be used in determining whether the claimant has
established a disability. 20 C.F.R. §
404.1520(a)(4)(i)-(v). The steps are to be used in the
1. Whether the claimant is currently engaged in substantial
2. Whether the claimant has a medically severe impairment;
3. Whether the claimant's impairment meets or equals one
listed in the regulations;
4. Whether the claimant can still perform relevant past work;
5. Whether the claimant can perform other work in the