JOHN E. MARTIN, Magistrate Judge.
This matter is before the Court on a Complaint [DE 1], filed by Plaintiff Donna M. Beaver on August 30, 2017, and Plaintiff's Brief in Support of Reversing the Decision of the Commissioner of Social Security [DE 16], filed on February 12, 2018. Plaintiff requests that the decision of the Administrative Law Judge be reversed and remanded for further proceedings. On March 15, 2018, the Commissioner filed a response, and on April 6, 2018, Plaintiff filed a reply.
On July 2, 2010, Plaintiff filed an application for benefits alleging that she became disabled on July 28, 2018. On March 17, 2015, Administrative Law Judge ("ALJ") Romona Scales issued a decision finding that Plaintiff was not disabled, and Plaintiff appealed the decision. On September 26, 2014, this Court issued an opinion and order reversing and remanding the ALJ's decision, and the Appeals Council remanded the matter to the ALJ. On April 7, 2015, ALJ William E. Sampson held a hearing at which Plaintiff, with an attorney representative, and a vocational expert ("VE") testified. On March 9, 2016, the ALJ issued a second decision finding that Plaintiff was not disabled.
The ALJ made the following findings under the required five-step analysis:
The Appeals Councils denied Plaintiff's request for review, leaving the ALJ's decision the final decision of the Commissioner.
The parties filed forms of consent to have this case assigned to a United States Magistrate Judge to conduct all further proceedings and to order the entry of a final judgment in this case. Therefore, this Court has jurisdiction to decide this case pursuant to 28 U.S.C. § 636(c) and 42 U.S.C. § 405(g).
The Social Security Act authorizes judicial review of the final decision of the Agency and indicates that the Commissioner's factual findings must be accepted as conclusive if supported by substantial evidence. 42 U.S.C. § 405(g). Thus, a court reviewing the findings of an ALJ will reverse only if the findings are not supported by substantial evidence or if the ALJ has applied an erroneous legal standard. See Briscoe v. Barnhart, 425 F.3d 345, 351 (7th Cir. 2005). Substantial evidence consists of "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Schmidt v. Barnhart, 395 F.3d 737, 744 (7th Cir. 2005) (quoting Gudgel v. Barnhart, 345 F.3d 467, 470 (7th Cir. 2003)).
A court reviews the entire administrative record but does not reconsider facts, re-weigh the evidence, resolve conflicts in evidence, decide questions of credibility, or substitute its judgment for that of the ALJ. See Boiles v. Barnhart, 395 F.3d 421, 425 (7th Cir. 2005); Clifford v. Apfel, 227 F.3d 863, 869 (7th Cir. 2000); Butera v. Apfel, 173 F.3d 1049, 1055 (7th Cir. 1999). Thus, the question upon judicial review of an ALJ's finding that a claimant is not disabled within the meaning of the Social Security Act is not whether the claimant is, in fact, disabled, but whether the ALJ "uses the correct legal standards and the decision is supported by substantial evidence." Roddy v. Astrue, 705 F.3d 631, 636 (7th Cir. 2013) (citing O'Connor-Spinner v. Astrue, 627 F.3d 614, 618 (7th Cir. 2010); Prochaska v. Barnhart, 454 F.3d 731, 734-35 (7th Cir. 2006); Barnett v. Barnhart, 381 F.3d 664, 668 (7th Cir. 2004)). "[I]f the Commissioner commits an error of law," the Court may reverse the decision "without regard to the volume of evidence in support of the factual findings." White v. Apfel, 167 F.3d 369, 373 (7th Cir. 1999) (citing Binion v. Chater, 108 F.3d 780, 782 (7th Cir. 1997)).
At a minimum, an ALJ must articulate his or her analysis of the evidence in order to allow the reviewing court to trace the path of her reasoning and to be assured that the ALJ considered the important evidence. See Scott v. Barnhart, 297 F.3d 589, 595 (7th Cir. 2002); Diaz v. Chater, 55 F.3d 300, 307 (7th Cir. 1995); Green v. Shalala, 51 F.3d 96, 101 (7th Cir. 1995). An ALJ must "`build an accurate and logical bridge from the evidence to [the] conclusion' so that, as a reviewing court, we may assess the validity of the agency's final decision and afford [a claimant] meaningful review." Giles v. Astrue, 483 F.3d 483, 487 (7th Cir. 2007) (quoting Scott, 297 F.3d at 595); see also O'Connor-Spinner, 627 F.3d at 618 ("An ALJ need not specifically address every piece of evidence, but must provide a `logical bridge' between the evidence and his conclusions."); Zurawski v. Halter, 245 F.3d 881, 889 (7th Cir. 2001) ("[T]he ALJ's analysis must provide some glimpse into the reasoning behind [the] decision to deny benefits.").
Plaintiff argues that the ALJ failed to incorporate her mental limitations into Plaintiff's RFC, failed to properly evaluate Plaintiff's subjective complaints, and improperly assessed Plaintiff's work history. The Commissioner argues that the ALJ's decision was supported by substantial evidence.
In this case, the previous opinion and order instructed the ALJ to incorporate Plaintiff's mental limitations into her RFC, or explain why those limitations did not warrant additional accommodations. The ALJ was also instructed to consider Plaintiff's limitations in combination with Plaintiff's other impairments. The law of the case doctrine, applicable to judicial review of administrative decisions, requires "the administrative agency, on remand from a court, to conform its further proceedings in the case to the principles set forth in the judicial decision, unless there is a compelling reason to depart." Wilder v. Apfel, 153 F.3d 799, 804 (7th Cir. 1998); see also Key v. Sullivan, 925 F.2d 1056, 1060 (7th Cir. 1991). On remand, the ALJ gave great weight to the assessment of State agency psychologists, who found that Plaintiff had mild limitations in activities of daily living and social functioning, as well as limitations in concentration, persistence, or pace. But the ALJ concluded that "the claimant's no more than mild mental limitations do not impact on the claimant's ability to perform basic work activity," and did not explain the basis for that conclusion.
"Although [] impairments may not on their own be disabling, that would only justify discounting their severity, not ignoring them altogether. Moreover, . . . an ALJ must consider the combined effects of all of the claimant's impairments, even those that would not be considered severe in isolation." Terry v. Astrue, 580 F.3d 471, 477 (7th Cir. 2009); see also Martinez v. Astrue, 630 F.3d 693, 698 (7th Cir. 2011) ("Even if each problem assessed separately were less serious than the evidence indicates, the combination of them might be disabling."); Getch v. Astrue, 539 F.3d 473, 483 (7th Cir. 2008) ("[A]n ALJ is required to consider the aggregate effects of a claimant's impairments, including impairments that, in isolation, are not severe.") (citing 20 C.F.R. § 404.1523); Golembiewski v. Barnhart, 322 F.3d 912, 918 (7th Cir. 2003)). The ALJ must consider the combination of impairments, and explain how she incorporated the mental limitations into the RFC. "In determining an individual's RFC, the ALJ must evaluate all limitations that arise from medically determinable impairments, even those that are not severe, and may not dismiss a line of evidence contrary to the ruling." Villano v. Astrue, 556 F.3d 558, 563 (7th Cir. 2009).
The ALJ pointed to consultative psychological evaluations as apparent justification for declining to include Plaintiff's mental limitations in her RFC. While the reports identified many areas in which Plaintiff apparently does not suffer limitations, they do not demonstrate why the limitations Plaintiff did suffer would not have affected her work. For example, the ALJ stated that consultative psychologist Patrick McKian reported Plaintiff as demonstrating good memory and judgment, among other traits. However, the section on "judgment" in Dr. McKian's report consisted of two findings: that Plaintiff reported that she would leave if she smelled smoke in a crowded theater, and that if she found a letter in the street she would mail it. As to "memory," Plaintiff could remember what she had for dinner the previous night, remember three words after a five minute delay, and remember seven digits listed forwards and six digits backwards after two tries. Another psychologist, Jill Miller, reported that Plaintiff's judgment and insight "appeared to be fair": "If she found a broken water pipe, she would `Call water company'"; "If she cut her finger, she would `Band Aid on it.'" Neither report assessed judgment (or any other potential limitation) in an employment context, and both reports suggested mild limitations in persistence and pace and in activities of daily living, just as the State agency psychologists' reports did. The ALJ concluded that Dr. Miller's report, "consistent with [Dr. McKian's report], . . . show[ed] . . . that claimant's mental impairment no more than minimally interfere [sic] with her ability to perform basic work activity." That conclusion does not follow from the reports, leaving the Court without a "logical bridge" between the evidence and the ALJ's conclusion that Plaintiff's mental limitations would not affect her work. O'Connor-Spinner, 627 F.3d at 618. Despite the Court's prior instruction to include mental limitations in the RFC, Plaintiff failed to include them or sufficiently explain why they should not be included.
In addition, Plaintiff argues that on remand, the ALJ failed to properly assess her subjective complaints and those of non-medical third parties. Social Security Ruling 96-7p requires that in assessing a claimant's subjective complaints, the ALJ must consider the individual's daily activities; duration, frequency, and intensity of the claimant's symptoms; medications the claimant has taken to alleviate pain or other symptoms; and other measures for symptom relief, such as lying down or sleeping. SSR 96-7p
Finally, Plaintiff argues that the ALJ made improper conclusions about her disability claim based on her work history. Plaintiff testified that she returned to work part-time, beginning in November 2013. The ALJ referenced Plaintiff's testimony "that the claimant's part time job allows her to work from home, working as she pleases and taking breaks as needed," and appeared to consider Plaintiff's employment as evidence that she could work full-time. As the Seventh Circuit has noted, "even persons who are disabled sometimes cope with their impairments and continue working long after they might have been entitled to benefits." Shauger v. Astrue, 675 F.3d 690, 697 (7th Cir. 2012); see also Pierce v. Colvin, 739 F.3d 1046, 1051 (7th Cir. 2014) ("[A] claimant's dogged efforts to work beyond her physical capacity would seem to be highly relevant in deciding her credibility and determining whether she is trying to obtain government benefits by exaggerating her pain symptoms."); Gentle v. Barnhart, 430 F.3d 865, 867 (7th Cir. 2005) ("A person can be totally disabled for purposes of entitlement to social security benefits even if, because of an indulgent employer or circumstances of desperation, he is in fact working.").
In this case, Plaintiff's testimony about her part-time work does not establish that she can perform full-time work in a normal work environment. Plaintiff testified that she works from home two to four hours per day, essentially unsupervised, and sets her own schedule. Plaintiff's work environment is more suggestive of an "indulgent" employer than a lack of entitlement to disability benefits. Gentle, 430 F.3d 867.
On remand, the ALJ is reminded of the need to incorporate Plaintiff's mild mental limitations into the RFC, and is instructed to draw a logical bridge from the evidence as it actually appears in the record to his conclusions about Plaintiff's RFC. O'Connor-Spinner, 627 F.3d at 618. The ALJ is reminded to consider Plaintiff's subjective complaints pursuant to the factors discussed in SSR 16-3p, which has superseded SSR 96-7p, and to explain which of Plaintiff's complaints are accepted and rejected and for what reasons.
For the foregoing reasons, the Court hereby
SO ORDERED.