TIM A. BAKER, Magistrate Judge.
Plaintiff Derek T. Woytsek appeals the Administrative Law Judge's denial of his application for Social Security benefits. Woytsek primarily argues that the ALJ erred by ignoring evidence that his impairments equal a listing. However, the evidence Woytsek points to was either relied on by the ALJ or is consistent with the ALJ's findings. For the reasons set forth below, Woytsek's brief in support of appeal [
On January 17, 2013, Woytsek filed an application for supplemental security income, alleging disability beginning January 28, 2012. Woytsek's application was denied initially and upon reconsideration. Woytsek requested reconsideration, attended a hearing with his attorney, and testified before an ALJ.
The ALJ issued an opinion on November 12, 2014, concluding that Woytsek is not disabled. At step one, the ALJ found that Woytsek has not engaged in substantial gainful activity since the date of the application. At step two, the ALJ found that Woytsek's severe impairments include hearing loss, asthma, obesity, borderline intellectual functioning, depression, post-traumatic stress disorder, an antisocial personality disorder, an intermittent explosive disorder, marijuana dependence, and alcohol dependence. At step three, the ALJ found that Woytsek's impairments do not meet or equal a listing. At step four, the ALJ found that Woytsek has the RFC to perform a full range of work with the following limitations:
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The ALJ found that Woytsek has no past relevant work. At step five, the ALJ relied on the testimony of a Vocational Expert to find that Woytsek is able to perform the work of a washer, counter supply worker, and garment cover bagger. The ALJ concluded Woytsek is therefore not disabled. The ALJ's decision became final when the Appeals Council denied Woytsek's request for review. This appeal followed.
The Court's review of the ALJ's decision is limited to deciding whether the findings of fact are supported by substantial evidence and whether there was an error of law. Stepp v. Colvin, 795 F.3d 711, 718 (7th Cir. 2015); Roddy v. Astrue, 705 F.3d 631, 636 (7th Cir. 2013). "Substantial evidence" means "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Moore v. Colvin 743 F.3d 1118, 1120 (7th Cir. 2014). The Court reviews the entire record but does not reweigh the evidence or resolve conflicts in the record. Stepp, 795 F.3d at 718. Nor does the Court make credibility determinations or substitute its own judgment for that of the ALJ. Young v. Barnhart, 362 F.3d 995, 1001 (7th Cir. 2004). The ALJ need not mention every bit of evidence in the record, but he must build a "logical bridge" between the evidence and her conclusions, Varga v. Colvin, 794 F.3d 809, 813 (7th Cir. 2015); Arnett v. Astrue, 676 F.3d 586, 592 (7th Cir. 2012).
Woytsek primarily argues that the ALJ erred at step three because he failed to support his finding that Woytsek's impairments do not equal the listing for depression or personality disorder. Woytsek points to several pieces of evidence that he asserts the ALJ erroneously ignored. The Commissioner contends that the evidence does not demonstrate Woytsek's impairments equal a listing. The Court agrees with the Commissioner.
In order to establish that Woytsek equals the listing for either depression or personality disorder, he has to show, among other criteria, that his "mental impairments result in at least two of the following problems: (1) marked restriction in activities of daily living; (2) marked difficulties in maintaining social functioning; (3) marked difficulties in maintaining concentration, persistence, and pace; or (4) repeated episodes of decompensation." Sims v. Barnhart, 309 F.3d 424, 431 (7th Cir. 2002) (citing 20 C.F.R. Pt. 404, Subpt. P, App. 1, §§ 12.04B, 12.08B).
The ALJ found that Woytsek's impairments do not meet or equal the listing for depression or personality disorder. [
Woytsek argues that the ALJ's finding is erroneous because he ignored four mental health evaluations from Midtown and the consultative psychological evaluation by Dr. O'Brien. This evidence, however, does not undermine the ALJ's findings or support a finding that Woytsek's condition equals a listed impairment. Moreover, Woytsek limits his step three arguments to evidence of social functioning. Even if the evidence discussed here demonstrated a marked impairment in social functioning, Woytsek would still need to demonstrate another marked impairment or episodes of decompensation to meet a listing. Nevertheless, the Court turns to the evidence.
First, the ALJ relied on two examinations that Woytsek alleges he ignored. Woytsek argues ALJ ignored the consultative psychological examination dated March 13, 2013, which "reported that he had an extremely negative and defensive attitude." [
Similarly, Woytsek's argument that the ALJ ignored a Midtown examination dated December 18, 2013, fails. Woytsek argues the ALJ ignored his homicidal ideation, intrusive thoughts, delusions, impulsivity, and paranoia. In actuality, the ALJ relied on this examination to acknowledge that "the claimant has endorsed paranoid delusions, racing thoughts." [
The remaining three reports that Woytsek points to were not cited by the ALJ, but likewise fail to undermine the ALJ's findings. Woytsek argues the ALJ ignored Midtown reports dated September 26, 2012, that he had frequent conflicts with others, December 5, 2012, that he had daily fighting, and January 31, 2013, that he had symptoms of depression and anxiety. However, the ALJ found that despite Woytsek's "longstanding history of anger outbursts, irritability, and other adverse social behavior, the claimant's daily activities show that he is capable of engaging in appropriate social interaction despite his allegations." [
Woytsek also argues that the ALJ relied on his layperson opinion to determine medical equivalency and erred by failing to summon a medical advisor. This argument is difficult to reconcile with the above analysis of the evidence the ALJ relied on to determine equivalency. In particular, Dr. O'Brien is an expert and the ALJ relied on his opinion to determine medical equivalency. 20 C.F.R. § 416.927(e); Barnett v. Barnhart, 381 F.3d 664, 670 (7th Cir. 2004); see S.S.R. 96-6p (explaining that psychological consultants must be treated as experts). Additionally, Drs. Lovko and Larsen found that Woytsek did not equal a listing. [
Finally, Woytsek takes issue with the ALJ's step five conclusion that Woytsek is not disabled. Woytsek argues that "the ALJ's limitation of the work did not address the impact of the claimant's mental limitations as stated in detail in the treating psychiatrist's evaluations assessing GAFs in the totally disabled range of 50." [
Woytsek does not convince the Court that the ALJ committed reversible error. The evidence Woytsek points to was either discussed by the ALJ or is consistent with his findings. The ALJ was not required to call an additional medical expert, and the Court finds no error with the step five conclusion. Thus, remand is not appropriate.
For these reasons, Woytsek has not demonstrated that the ALJ failed to support his conclusion that Woytsek is not disabled. The Court agrees with the Commissioner that the ALJ did not commit reversible error. Accordingly, the Court denies Woytsek's brief in support of appeal [