JANE MAGNUS-STINSON, District Judge.
Plaintiff Megan L. Booker applied for disability and disability insurance benefits (collectively, "
"The Social Security Act authorizes payment of disability insurance benefits and Supplemental Security Income to individuals with disabilities." Barnhart v. Walton, 535 U.S. 212, 214 (2002). "The statutory definition of `disability' has two parts. First, it requires a certain kind of inability, namely, an inability to engage in any substantial gainful activity. Second it requires an impairment, namely, a physical or mental impairment, which provides reason for the inability. The statute adds that the impairment must be one that has lasted or can be expected to last . . . not less than 12 months." Id. at 217.
When an applicant appeals an adverse benefits decision, this Court's role is limited to ensuring that the ALJ applied the correct legal standards and that substantial evidence exists for the ALJ's decision. Barnett v. Barnhart, 381 F.3d 664, 668 (7th Cir. 2004) (citation omitted). For the purpose of judicial review, "[s]ubstantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Id. (quotation omitted). Because the ALJ "is in the best position to determine the credibility of witnesses," Craft v. Astrue, 539 F.3d 668, 678 (7th Cir. 2008), this Court must afford the ALJ's credibility determination "considerable deference," overturning it only if it is "patently wrong," Prochaska v. Barnhart, 454 F.3d 731, 738 (7th Cir. 2006) (quotations omitted).
The ALJ must apply the five-step inquiry set forth in 20 C.F.R. § 404.1520(a)(4)(i)-(v), evaluating the following, in sequence:
Clifford v. Apfel, 227 F.3d 863, 868 (7th Cir. 2000) (citations omitted) (alterations in original). "If a claimant satisfies steps one, two, and three, [she] will automatically be found disabled. If a claimant satisfies steps one and two, but not three, then [she] must satisfy step four. Once step four is satisfied, the burden shifts to the SSA to establish that the claimant is capable of performing work in the national economy." Knight v. Chater, 55 F.3d 309, 313 (7th Cir. 1995).
After Step Three, but before Step Four, the ALJ must determine a claimant's RFC by evaluating "all limitations that arise from medically determinable impairments, even those that are not severe." Villano v. Astrue, 556 F.3d 558, 563 (7th Cir. 2009). In doing so, the ALJ "may not dismiss a line of evidence contrary to the ruling." Id. The ALJ uses the RFC at Step Four to determine whether the claimant can perform her own past relevant work and if not, at Step Five to determine whether the claimant can perform other work. See 20 C.F.R. § 416.920(e), (g). The burden of proof is on the claimant for Steps One through Four; only at Step Five does the burden shift to the Commissioner. Clifford, 227 F.3d at 868.
If the ALJ committed no legal error and substantial evidence exists to support the ALJ's decision, the Court must affirm the denial of benefits. Barnett, 381 F.3d at 668. When an ALJ's decision is not supported by substantial evidence, a remand for further proceedings is typically the appropriate remedy. Briscoe ex rel. Taylor v. Barnhart, 425 F.3d 345, 355 (7th Cir. 2005). An award of benefits "is appropriate only where all factual issues have been resolved and the record can yield but one supportable conclusion." Id. (citation omitted).
Ms. Booker was 19 years old at the time she filed her disability application. [
Using the five-step sequential evaluation set forth by the Social Security Administration in 20 C.F.R. § 404.1520(a)(4), the ALJ ultimately concluded that Ms. Booker is not disabled. [
• At Step One of the analysis, the ALJ found that Ms. Booker meets the insured status requirements of the Social Security Act and has not engaged in substantial gainful activity since January 1, 2011, her alleged onset date. [
• At Step Two of the analysis, the ALJ found that Ms. Booker has the following severe impairments: "degenerative disc disease of the lumbar and cervical spine, chronic obstructive pulmonary disease, bilateral carpal tunnel syndrome, a history of ovarian cysts, and borderline intellectual functioning." [
• At Step Three of the analysis, the ALJ found that Ms. Booker did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments. [
• The ALJ concluded that through the date of last insured, Ms. Booker had the residual functional capacity ("
• At Step Four of the analysis, the ALJ concluded that Ms. Booker had no past relevant work. [
• At Step Five of the analysis, the ALJ concluded that considering Ms. Booker's age, education, work experience, and RFC, there are jobs that exist in significant numbers in the national economy that she can perform. [
• Based on these findings, the ALJ concluded that Ms. Booker is not disabled as defined by the Social Security Act and, thus, is not entitled to the requested disability benefits. [
Ms. Booker requested that the Appeals Council review the ALJ's decision, but that request was denied on December 9, 2014, [
Ms. Booker presents three issues on appeal that she contends require this Court to reverse the decision of the ALJ denying her request for disability benefits. First, she contends that the ALJ erred by concluding that she did not have an impairment or combination of impairments that met or medically equaled Listing 12.05C. [Filing No. 19 at 9-14.] Second, Ms. Booker argues that her assigned RFC fails to accommodate her restrictions in social functioning as supported by evidence of record and discounts her testimony of pain because there is no objective evidence of her pain. [
Ms. Booker argues that the ALJ erred by finding that she did not meet or medically equal Listing 12.05C because although she had the requisite IQ score, the ALJ concluded that she did not have the necessary deficits in "adaptive functioning." [
The Commissioner does not challenge Ms. Booker's qualifying IQ score but contends that the ALJ correctly concluded that Ms. Booker did not have limitations in adaptive functioning sufficient to meet or medically equal Listing 12.05C. [
In reply, Ms. Booker emphasizes that the applicable regulations "provide no guidance as to how severe a claimant's deficits in adaptive functioning must be under Listing 12.05." [
A listing "describes impairments that are considered presumptively disabling when a claimant's impairments meet the specific criteria described in the Listing." Maggard v. Apfel, 167 F.3d 376, 379 (7th Cir. 1999) (citing 20 C.F.R. § 404.1525(a)). The Code of Federal Regulations provides that the Social Security Administration "will find that [a claimant's] impairment(s) meets the requirements of a listing when it satisfies all of the criteria of that listing, including any relevant criteria in the introduction, and meets the duration requirement. . . ." 20 C.F.R. § 416.925(c)(3). Listing 12.05 contains an initial paragraph that lays out the diagnostic description of intellectual disability plus four separate criteria (paragraphs A through D). See 20 C.F.R. Part 404, Subpt. P, App. 1, § 12.00. In order to meet Listing 12.05, a claimant must have an impairment that meets one of the four requirements of that Listing. See Adkins v. Astrue, 226 Fed. Appx. 600, 605 (7th Cir. 2007) (citing 20 C.F.R. Part 404, Subpt. P, App. 1, § 12.05); Maggard, 167 F.3d at 380.
The Seventh Circuit Court of Appeals has summarized the requirements for a finding of intellectual disability under Listing 12.05C as follows: "(1) significantly subaverage general intellectual functioning; (2) deficits in adaptive functioning initially manifested during the developmental period before age 22; (3) a valid verbal, performance, or full scale IQ of sixty through seventy; and (4) a physical or other mental impairment imposing an additional and significant work-related limitation of function." Adkins, 226 Fed. Appx. at 605 (citations omitted); see also 20 C.F.R. Pt. 404, Subpt. P, App. 1 at § 12.00(A) ("Listing 12.05 contains an introductory paragraph with the diagnostic description for intellectual disability. It also contains four sets of criteria (paragraphs A through D). If your impairment satisfies the diagnostic description in the introductory paragraph and any one of the four sets of criteria, we will find that your impairment meets the listing."). The Seventh Circuit has also noted that "[o]rdinarily a person with an IQ under 70 and at least one additional impairment that imposes a limitation on ability to work . . .is automatically deemed to be disabled." Browning v. Colvin, 766 F.3d 702, 704 (7th Cir. 2014). The term "deficits in adaptive functioning," the second of the four requirements, "denotes inability to cope with the challenges of ordinary everyday life." Novy v. Astrue, 497 F.3d 708, 710 (7th Cir. 2007) (citing American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders, Text Revision (DSMIV-TR) 42 (4th ed. 2000)).
The Court agrees with Ms. Booker that the ALJ did not adequately explain why he concluded that Ms. Booker did not have "deficits in adaptive functioning" for purposes of Listing 12.05. Twice in the Step Three analysis the ALJ summarily concludes that Ms. Booker "does not show that [she] has any deficits in `adaptive functioning' initially manifested prior to age 22." [
Additionally, it appears that the ALJ erroneously thought that Ms. Booker had to have "marked" limitations in adaptive functioning to meet or medically equal Listing 12.05. [
For these reasons, the Court must vacate the ALJ's decision denying Ms. Booker benefits and remand to the ALJ to more thoroughly address whether Ms. Booker meets or medically equals Listing 12.05C. For the first time in her reply brief, Ms. Booker argues that the ALJ should have consulted a medical expert to make a determination regarding medical equivalency with 12.05. [
Because the Court has already found that the ALJ committed reversible error, it will summarily address the other two issues Ms. Booker raises to the extent they could impact the case on remand.
Ms. Booker argues that her assigned RFC fails to accommodate her alleged restrictions in social functioning and, because of this, she could not actually perform the jobs the ALJ identified at Step Five because they all involve social interaction. [
Ms. Booker also argues that the ALJ erroneously discounted her testimony of pain because there is allegedly no objective evidence of pain. [
For the reasons detailed herein, the Court