3:25-cv-00122•Case Name in Social Security Case - Unavailable
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION ANGELA G.,1 ) ) Plaintiff, ) ) v. ) No. 3:25-cv-00122-MPB-CSW ) FRANK J. BISIGNANO, ) ) Defendant. ) R EPORT AND R ECOMMENDATION ON J UDICIAL R EVIEW OF THE C OMMISSIONER’S DENIAL OF B ENEFITS This matter is before the Honorable Crystal S. Wildeman, United States Magistrate Judge, pursuant to an Entry Referring Matter to Magistrate Judge, to conduct and issue a report and recommendation regarding the appropriate disposition of this matter. (Dkt. 12). Claimant, Angela G., seeks judicial review of the Social Security Administration’s (“SSA”) decision denying her Title II application for a Period of Disability and Disability Insurance Benefits (“DIB”). (Dkt. 1). She argues the Administrative Law Judge (“ALJ”) committed reversible error by declining to adopt a limitation related to fecal urgency and incontinence and by providing an insufficient explanation for discounting Plaintiff’s reports. (Dkt. 17 at 13). For the following reasons, the Magistrate Judge recommends the Commissioner’s decision be AFFIRMED. I. B ACKGROUND On August 15, 2022, Claimant filed her application for DIB, alleging disability beginning on October 15, 2020. (Dkt. 10-2 at 18). On February 13, 2023, 1 To protect the privacy interests of Claimant’s application for Social Security benefits, consistent with the recommendation of the Court Administration and Case Management Committee of the Administrative Office of United States Courts, the Southern District of Indiana has opted to use only the first name and last initial of non-governmental parties in its Social Security judicial review opinions. Case 3:25-cv-00122-MPB-CSW Document 21 Filed 02/20/26 Page 1 of 8 PageID #: <pageID>
-2- Claimant’s application was denied on initial review. (Id.). On June 5, 2023, the application was again denied on reconsideration. (Id.). Claimant sought a hearing, which was held by telephone on December 14, 2023. (Id.). The hearing was conducted by ALJ Jason Yoder and was attended by Claimant, her attorney, and an impartial vocational expert. (Id.). On March 13, 2024, the ALJ rendered an unfavorable decision. (Id. at 15). In reaching this decision, the ALJ found: • At Step One, “[C]laimant has not engaged in substantial gainful activity since October 15, 2020, the alleged onset date.” (Id. at 21). • At Step Two, “[C]laimant has the following severe impairments: chronic pain syndrome, fibromyalgia, lumbar spine degenerative disc disease and spondylosis, obesity, systemic lupus erythematosus (SLE), osteoarthritis, partial complex seizure disorder, migraine headaches not intractable, restless leg syndrome, mild obstructive sleep apnea.” (Id.). • At Step Three, “[C]laimant does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1.” (Id. at 24). • After Step Three but before Step Four, “[C]laimant has the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) except she can lift/carry 20 pounds occasionally and 10 pounds frequently, sit for at least 6 out of 8 hours and stand/walk for about 4 out of 8 hours. She can never climb ladders, ropes, or scaffolding. She can occasionally climb ramps and stairs, stoop, kneel, crouch, and crawl, and balance. She should avoid all exposure to dangerous workplace hazards such as exposed moving machinery and unprotected heights, and more specifically, she should avoid driving motorized vehicles, no Case 3:25-cv-00122-MPB-CSW Document 21 Filed 02/20/26 Page 2 of 8 PageID #: <pageID>
-3- operating heavy machinery that would be a danger if she should fall during a seizure, no work near open gears capable of pulling, pinching, or twisting, no operating weight lifting devices which raise objects above shoulder level, no work with open electrical circuitry, no work above 24” above the ground, no work with open flames or heated liquid, no work near pooled water capable of being fallen into, and finally when cooking, use the back burners on the stove.” (Id. at 26). • At Step Four, “[C]laimant is unable to perform any past relevant work.” (Id. at 35). • At Step Five, “Considering the claimant’s age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the claimant can perform.” (Id.). Ultimately, the ALJ concluded Claimant was not disabled as defined in the Social Security Act. (Id. at 37). Claimant sought review by the Appeals Council, which was denied on March 24, 2025. (Id. at 2). On May 23, 2025, Claimant commenced this action, seeking judicial review of the ALJ’s decision. (Dkt. 1). On November 12, 2025, Claimant filed her brief in support of her Complaint. (Dkt. 17). On January 6, 2026, the Commissioner filed his brief in opposition. (Dkt. 18). On February 3, 2026, Claimant filed her reply. (Dkt. 20). Thus, this matter is ripe for review. II. S TANDARD OF R EVIEW “The Social Security Administration (SSA) provides benefits to individuals who cannot obtain work because of a physical or mental disability.” Biestek v. Berryhill, 587 U.S. 97, 98 (2019). Disability is 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 Case 3:25-cv-00122-MPB-CSW Document 21 Filed 02/20/26 Page 3 of 8 PageID #: <pageID>
-4- can be expected to last for a continuous period of not less than twelve months.” Stephens v. Berryhill, 888 F.3d 323, 327 (7th Cir. 2018) (citing 42 U.S.C. § 423(d)(1)(A)). When an applicant appeals an adverse benefits decision, this Court’s role is limited to ensuring the ALJ applied the correct legal standards and that substantial evidence exists for the ALJ’s decision. Stephens, 888 F.3d at 327. “[S]ubstantial evidence” is such relevant “evidence that ‘a reasonable mind might accept as adequate to support a conclusion.’” Zoch v. Saul, 981 F.3d 597, 601 (7th Cir. 2020) (quoting Biestek, 139 S. Ct. at 1154) ; see also Bakke v. Kijakazi, 62 F.4th 1061, 1068 (7th Cir. 2023). This standard is light and deferential, requiring “only the most minimal of articulation.” Warnell v. O’Malley, 97 F.4th 1050, 1051, 1053 (7th Cir. 2024); Pavlicek v. Saul, 994 F.3d 777, 783 (7th Cir. 2021). “Although this Court reviews the record as a whole, it cannot substitute its own judgment for that of the SSA by reevaluating the facts, or reweighing the evidence to decide whether a claimant is in fact disabled.” Stephens, 888 F.3d at 327. Reviewing courts also “do not decide questions of credibility, deferring instead to the ALJ’s conclusions unless ‘patently wrong.’” Zoch, 981 F.3d at 601 (quoting Summers v. Berryhill, 864 F.3d 523, 528 (7th Cir. 2017)). The Court, however, does “determine whether the ALJ built an ‘accurate and logical bridge’ between the evidence and the conclusion.” Peeters v. Saul, 975 F.3d 639, 641 (7th Cir. 2020) (quoting Beardsley v. Colvin, 758 F.3d 834, 837 (7th Cir. 2014)). The SSA applies a five-step evaluation to determine whether the claimant is disabled. Stephens, 888 F.3d at 327 (citing 20 C.F.R. § 404.1520(a)(4); 20 C.F.R. § 416.920(a)(4)). The ALJ must evaluate the following, in sequence: (1) whether the claimant is currently [un]employed; (2) whether the claimant has a severe impairment; (3) whether the claimant’s impairment meets or equals one of the impairments listed by the [Commissioner]; (4) whether the claimant can perform her past work; and (5) whether the claimant is capable of performing work in the national economy. Case 3:25-cv-00122-MPB-CSW Document 21 Filed 02/20/26 Page 4 of 8 PageID #: <pageID>
-5- Clifford v. Apfel, 227 F.3d 863, 868 (7th Cir. 2000), as amended (Dec. 13, 2000) (citations omitted).2 “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, the ALJ must determine a claimant’s residual functional capacity (“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 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. 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. Stephens, 888 F.3d at 327. When an ALJ’s decision does not apply the correct legal standard, a remand for further proceedings is usually the appropriate remedy. Karr v. Saul, 989 F.3d 508, 513 (7th Cir. 2021). A remand is also appropriate when the decision is not supported by substantial evidence. 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. (quoting Campbell v. Shalala, 988 F.2d 741, 744 (7th Cir. 1993)). 2 The Code of Federal Regulations contains separate, parallel sections concerning SSI and disability insurance benefits (“DIB”), which are identical in most respects. Cases may reference the section pertaining to DIB, such as in Clifford, which cites 20 C.F.R. § 404.1520. 227 F.3d at 868. Generally, a verbatim section exists establishing the same legal point with both types of benefits. See, e.g., 20 C.F.R. § 416.920. The Court will usually not reference the parallel section but will take care to detail any substantive differences applicable to the case. Case 3:25-cv-00122-MPB-CSW Document 21 Filed 02/20/26 Page 5 of 8 PageID #: <pageID>
-6- III. DISCUSSION Claimant contends the ALJ relied upon “‘patently wrong’ and non-existent rationales” when “rejecting [Claimant’s] alleged severity and frequency of her fecal urgency and incontinence.” Claimant further contends the ALJ failed to include a corresponding limitation. (Dkt. 17 at 7, 13). Claimant argues these errors resulted in an RFC unsupported by substantial evidence. In response, the Commissioner argues the RFC was supported by substantial evidence, Claimant failed to meet her burden of establishing a need for the specific limitation, and the ALJ did not err in evaluating Claimant’s subjective statements. (Dkt. 18). As further support for her appeal, in reply, Claimant argues the Commissioner conceded a credibility assessment was not made for fecal urgency and frequency. Claimant also contends the ALJ erred in relying on a single visit reporting improvement, rather than the longitudinal record, and failed to acknowledge treatment sought. (Dkt. 20). Regulations instruct the ALJ to evaluate limitations arising from all medically determinable impairments, even those that are not severe, when formulating the RFC. Villano, 556 F.3d at 563; 20 C.F.R. § 404.1545(a)(2). In doing so, the ALJ must “evaluate the intensity and persistence of an individual’s symptoms . . . and determine the extent to which an individual’s symptoms limit his or her ability to perform work-related activities for an adult.” Soc. Sec. Ruling 16- 3p Titles II & XVI: Evaluation of Symptoms in Disability Claims, SSR 16-3P (S.S.A. Oct. 25, 2017). A claimant’s statements are reviewed for consistency with the evidence in the record. Id. The ALJ addressed Claimant’s fecal urgency and incontinence in his decision. Specifically, the ALJ evaluated the evidence and Claimant’s testimony, and ultimately found her symptoms were minimal. (Dkt. 10-2 at 21). This was substantiated by Claimant’s reports of a cessation of fecal urgency episodes even when not receiving treatment. (Id.). Further, Claimant limited the impact of fecal urgency symptoms by wearing Depends. (Id. at 22). Additionally, the ALJ noted Case 3:25-cv-00122-MPB-CSW Document 21 Filed 02/20/26 Page 6 of 8 PageID #: <pageID>
-7- “[C]laimant’s testimony regarding fecal incontinence is inconsistent with her statements to providers.” (Id.). Inconsistency with the evidence is hardly a “non- existent rationale[],” as Claimant contends. See SSR 16-3P; Elder v. Berryhill, 774 F. App’x 980, 984 (7th Cir. 2019) (finding “the ALJ permissibly discounted [certain] statements because they were inconsistent with the objective medical evidence”); Summers v. Berryhill, 864 F.3d 523, 528 (7th Cir. 2017) (finding “[t]he ALJ properly took . . . inconsistencies into consideration when concluding that [the claimant’s] subjective complaints of disabling limitations were ‘not entirely credible.’”). The ALJ summarized the progress notes, finding that although there were gastrointestinal complaints, there were no intractable symptoms and physical exams had only minimal findings. (Dkts. 10-2 at 21; 10-7 at 2–12; 10-8 at 247–66). The ALJ referred to the medical record showing “[Claimant] continues to have . . . significant fecal urgency although has not had any additional episodes of fecal incontinence.” (Dkts. 10-2 at 21; 10-8 at 248). The record was noted for showing Claimant’s symptoms “appear to be stable with medication, dietary changes, and surgical treatment.” (Dkts. 10-2 at 21; 10-3 at 2–25; 10-8 at 247–66). The ALJ considered those records in tandem with conflicting testimony. Claimant testified she continued to experience symptoms for which she sought the aforementioned care. (Dkt. 10-2 at 63). She reported she wears Depends to protect against accidents, which happen “at least once a day.” (Id. at 64). Claimant reported no improvements from medication. (Id.). In sum, the ALJ analyzed the evidence regarding Claimant’s fecal urgency and incontinence symptoms in his Decision. The evidence included Claimant’s statements the ALJ ultimately found inconsistent with the record. Such an explanation satisfies the ALJ’s minimal articulation requirement, and Claimant fails to rebut it. Thus, the Undersigned cannot conclude the ALJ committed reversible error. Case 3:25-cv-00122-MPB-CSW Document 21 Filed 02/20/26 Page 7 of 8 PageID #: <pageID>
-8- IV. C ONCLUSION For the foregoing reasons, the Magistrate Judge RECOMMENDS the ALJ’s decision be AFFIRMED. The ALJ properly considered Claimant’s fecal urgency and incontinence symptoms and properly formulated Claimant’s RFC. You are hereby notified the District Judge may reconsider any pretrial matter assigned to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B). Any party shall have fourteen (14) days from the date of service to file written objections to this Report and Recommendation. IT IS SO RECOMMENDED this 20 th day of February 2026. Distributed via CM/ECF to counsel of record. Case 3:25-cv-00122-MPB-CSW Document 21 Filed 02/20/26 Page 8 of 8 PageID #: <pageID>
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