IAIN D. JOHNSTON, Magistrate Judge.
Plaintiff Chance T. S. brings this action under 42 U.S.C. § 405(g) seeking remand of the decision denying his social security benefits. For the reasons below, Plaintiff's motion for summary judgment is granted, the Commissioner's motion for summary judgment is denied, and the ALJ's decision is remanded for proceedings consistent with this opinion.
Plaintiff filed his application for disability benefits on August 5, 2014, alleging disability caused by autism, irritable bowel syndrome, and convergence insufficiency. R. 26, 162. He originally alleged that he stopped working because of his impairments on October 2, 1996, but later amended his alleged onset date to October 2, 2014. R. 26, 28, 71, 162-63. On January 31, 2017, Plaintiff, represented by counsel,
After the hearing, the ALJ followed the five-step evaluation process set forth by the Social Security Administration in 20 C.F.R. § 404.1520(a)(4) and found that the Plaintiff was not disabled. The ALJ specifically found the following: (1) at Step One, that Plaintiff had not reached the age or 22
A reviewing court may enter judgment "affirming, modifying, or reversing the decision of the Commissioner [], with or without remanding the cause for rehearing." 42 U.S.C. § 405(g). The Commissioner's denial of disability is conclusive when supported by substantial evidence. Id.; Skinner v. Astrue, 487 F.3d 836, 841 (7th Cir. 2007). Substantial evidence "means—and means only—`such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.'" Biestek v. Berryhill, 139 S.Ct. 1148, 1154 (2019) (quoting Consolidated Edison Co. v. N.L.R.B., 305 U.S. 197, 229 (1938)). The Court may not displace the ALJ's judgment by reconsidering facts and evidence, reweighing evidence, or by making independent credibility determinations. Overman v. Astrue, 546 F.3d 456, 462 (7th Cir. 2008); Elder v. Astrue, 529 F.3d 408, 413 (7th Cir. 2008). Similarly, even if reasonable minds could differ on whether a claimant is disabled, a reviewing court must affirm the ALJ's decision if it is adequately supported. Simila v. Astrue, 573 F.3d 503, 513 (7th Cir. 2009).
However, review of an ALJ's decision is not a rubber stamp of approval. Biestek, 139 S. Ct. at 1154 ("mere scintilla" not substantial evidence). The court must critically review the ALJ's decision. Eichstadt v. Astrue, 534 F.3d 663, 665 (7th Cir. 2008). The ALJ's conclusion will not be affirmed where he fails to build a logical bridge between the evidence and his conclusion, even if evidence exists in the record to support that conclusion. Berger v. Astrue, 516 F.3d 539, 544 (7th Cir. 2008); Steele v. Barnhart, 290 F.3d 936, 940 (7th Cir. 2002) (where opinion is "so poorly articulated as to prevent meaningful review" the case must be remanded). Additionally, courts may not build a logical bridge for the ALJ. Mason v. Colvin, 13 CV 2993, 2014 U.S. Dist. LEXIS 152938, at *19-20 (N.D. Ill. Oct. 29, 2014).
Plaintiff raises various arguments on appeal, including that the ALJ erred by (1) failing to appropriately analyze certain medical opinions; (2) failing to incorporate limitations in concentration, persistence, and pace in the questions posed to the vocational expert; (3) improperly evaluating his subjective symptoms; (4) failing to find his seizure disorder is a severe impairment; and (5) improperly evaluating Listing 12.10 for autism, among others. However, the Court need only address Plaintiff's first argument because it alone requires remand.
Plaintiff argues the ALJ improperly weighed medical opinions on record and tended "to only discuss portions of the record which affirm her decision." Dkt. 23 at 4-7. In this case, there are no treating physician opinions on record, thus no medical opinion is entitled to controlling weight. 20 C.F.R. § 404.1527(c); Murphy v. Astrue, No. 11 CV 831, 2011 U.S. Dist. LEXIS 102518, at *30 (N.D. Ill. Sept. 12, 2011). Instead, the ALJ was required to weigh the non-treating opinions in light of the factors in 20 C.F.R. § 404.1527(c), including whether the source examined the claimant, supportability, consistency, and the doctor's specialization. An ALJ need only minimally articulate her reasons for assigning weight to medical opinions supported by substantial evidence. Elder, 529 F.3d at 415. The ALJ may not cherry-pick facts supporting her own conclusions and must also address lines of unfavorable evidence that suggest disability. Bates v. Colvin, 736 F.3d 1093, 1099 (7th Cir. 2013).
Plaintiff takes issue with the ALJ's decision to assign "little weight" to a July 18, 2016, psychological and behavioral evaluation report completed by psychologist Dr. Erin Wade and psychometrist Ann Bormett. R. 38; Dkt. 23 at 4-6; Dkt. 34 at 1-2. According to the report, Plaintiff demonstrated relatively normal intellectual functioning in a series of tests evaluating several metrics, including verbal comprehension, perceptual reasoning, and IQ. R. 513-17. However, in terms of adaptive functioning, defined as the "ability to apply learned skills to everyday life," Plaintiff mostly scored well below the average range on a separate assessment called the "Scales of Independent Behavior-Revised" (SIB-R).
The ALJ used four specific rationales to justify discounting this report: (1) whether a claimant is disabled is a decision reserved to the Commissioner; (2) the opinion that the Plaintiff had the self-care, language, self-direction, and independent living skills of a two to five-year old was based not on tests administered by Dr. Wade and Ms. Bormett themselves, but rather on an adaptive functioning test performed by someone else weeks earlier;
The ALJ's first rationale, that a finding of disability is reserved to the Commissioner, warrants little discussion. Though accurate that the ultimate determination of disability is reserved to the Commissioner, the Commissioner is required to reach that determination after considering the medical evidence presented. To discount evidence from a medical professional, the ALJ must explain any error in the underlying medical professionals' reasoning or analysis. See Dorian W. v. Berryhill, No. 17 CV 50327, 2019 U.S. Dist. LEXIS 62161, at *10 (N.D. Ill. Apr. 11, 2019). Without more analysis, simply pointing out that a finding of disability is reserved to the Commissioner sheds no light on the ALJ's reasons for discounting the medical opinion's reasoning.
The ALJ's second rationale, that the SIB-R was administered by someone else before Dr. Wade and Ms. Bormett's exam and there is no indication as to who completed the testing instrument, is insufficient. Here, the ALJ seemingly implies that the SIB-R results, which revealed below-average adaptive functioning were fabricated or erroneous, and that Dr. Wade and Ms. Bormett should therefore not have relied on these third-party results when opining Plaintiff was severely limited in adaptive functioning. However, neither the ALJ nor the Commissioner point to anything in the record to support these inferences of fabrication or error aside from the ALJ's suggestion that, because the SIB-R was administered by a different individual, the results are unreliable. The ALJ may not use this rationale to support her weight determination because she identifies no evidence supporting her suggestion that the exam was administered or interpreted erroneously or is otherwise unreliable.
With her third rationale, the ALJ takes issue with the fact that Plaintiff demonstrated normal IQ for his age on one set of examinations designed to test intellectual function but demonstrated well below-average adaptive functioning equivalency (between two and five years old) based on a different assessment designed to measure adaptive functioning. R. 38-39. Plaintiff argues the ALJ impermissibly played doctor by using this rationale to justify her decision, and the Court agrees. Dkt. 23 at 6-7. The problem with this reasoning is it assumes that if Plaintiff possesses relatively average intellectual function, he must also necessarily possess average adaptive functioning.
Finally, the ALJ points out that Plaintiff engaged in various age appropriate community activities, thus conflicting with the SIB-R adaptive function assessment which reflected severely reduced social ability.
Although Plaintiff raises arguments as to the ALJ's analysis of the two State agency opinions on record, the Court finds that remand is necessary regardless. The ALJ is required to evaluate all medical opinions in the record, 20 C.F.R. § 404.1527(c), and without any valid rationales left to support her analysis of the Dr. Wade and Ms. Bormett opinion, remand is required to allow the Commissioner to evaluate the opinion and determine what weight to afford it using reasons supported by substantial evidence. See Mattson v. Berryhill, No. 16 CV 10533, 2017 U.S. Dist. LEXIS 182259, at *16-18 (N.D. Ill. Nov. 2, 2017).
For those reasons, the Commissioner's motion for summary judgment is denied, Plaintiff's motion for summary judgment is granted, and the case is remanded for proceedings consistent with this opinion.