United States District Court, S.D. Illinois
LINDA S. STEPHENS, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
MEMORANDUM AND ORDER
PHIL GILBERT, DISTRICT JUDGE
accordance with 42 U.S.C. § 405(g), plaintiff Linda S.
Stephens, represented by counsel, seeks judicial review of
the final agency decision denying her application for
Disability Insurance Benefits (DIB) and Supplemental Security
Income (SSI) benefits pursuant to 42 U.S.C. § 423.
Stephens applied for benefits in May 2013, alleging a
disability beginning in May 2011. However, because a prior
application had been denied as of May 10, 2013, the issue for
the ALJ was whether she was disabled at any time after that
date. After holding an evidentiary hearing, ALJ Lisa Leslie
denied the application on March 28, 2016. (Tr. 18-31.) The
Appeals Council denied review, and the decision of the ALJ
became the final agency decision subject to judicial review.
remedies have been exhausted and a timely complaint was filed
in this Court.
raises the following points:
ALJ failed to account for plaintiff's limitations in
ability to maintain concentration, persistence or pace in
assessing plaintiff's mental residual functional capacity
ALJ's finding at step five was not supported by
substantial evidence because the vocational expert testified
only about the numbers of other jobs available at a national
qualify for benefits, a claimant must be
“disabled” pursuant to the Social Security Act.
The Act defines a “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
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 physical or mental impairment must result
from a medically demonstrable abnormality. 42 U.S.C. §
423(d)(3). Moreover, the impairment must prevent the
plaintiff from engaging in significant physical or mental
work activity done for pay or profit. 20 C.F.R. §
Security regulations require an ALJ to ask five questions
when determining whether a claimant is disabled. The first
three questions are simple: (1) whether the claimant is
presently unemployed; (2) whether the claimant has a severe
physical or mental impairment; and (3) whether that
impairment meets or is equivalent to one of the listed
impairments that the regulations acknowledge to be
conclusively disabling. 20 C.F.R. § 404.1520(a)(4);
Weatherbee v. Astrue, 649 F.3d 565, 569 (7th Cir.
2011). If the answers to these questions are “yes,
” then the ALJ should find that the claimant is
times, an ALJ may find that the claimant is unemployed and
has a serious impairment, but the impairment is neither
listed in nor equivalent to the impairments in the
regulations- failing at step three. If this happens, then the
ALJ must ask a fourth question: (4) whether the claimant is
able to perform his or her previous work. Id. If the
claimant is not able to, then the burden shifts to the
Commissioner to answer a fifth and final question: (5)
whether the claimant is capable of performing any
work within the economy, in light of the claimant's age,
education, and work experience. If the claimant cannot, then
the ALJ should find the claimant to be disabled.
Id.; see also Simila v. Astrue, 573 F.3d
503, 512-13 (7th Cir. 2009); Zurawski v. Halter, 245
F.3d 881, 886 (7th Cir. 2001).
claimant may appeal the final decision of the Social Security
Administration to this Court, but the scope of review here is
limited: while the Court must ensure that the ALJ did not
make any errors of law, the ALJ's findings of fact are
conclusive as long as they are supported by
“substantial evidence.” 42 U.S.C. § 405(g).
Substantial evidence is evidence that a reasonable person
would find sufficient to support a decision.
Weatherbee, 649 F.3d at 568 (citing Jens v.
Barnhart, 347 F.3d 209, 212 (7th Cir. 2003)). The Court
takes into account the entire administrative record when
reviewing for substantial evidence, but it does not reweigh
evidence, resolve conflicts, decide questions of credibility,
or substitute its own judgment for that of the ALJ.
Brewer v. Chater, 103 F.3d 1384, 1390 (7th Cir.
1997); Moore v. Colvin, 743 F.3d 1118, 1121 (7th
Cir. 2014). But even though this judicial review is limited,
the Court should not and does not act as a rubber stamp for
the Commissioner. Parker v. Astrue, 597 F.3d 920,
921 (7th Cir. 2010).