IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

DAWN WESOLOWSKI, ) 

 ) 

 Plaintiff, ) No. 12-cv-03034 

 ) 

 v. ) 

 ) 

MICHAEL J. ASTRUE, ) Magistrate Judge Arlander Keys 

Commissioner of Social ) 

Security, ) 

 ) 

 Defendant. ) 

MEMORANDUM OPINION AND ORDER 

 This case is before the Court on Plaintiff Dawn 

Wesolowski’s motion for summary judgment. She seeks a remand or 

an outright reversal of the Commissioner’s decision to deny her 

application for Disability Insurance Benefits and Supplemental 

Security Income. For the reasons explained below, her motion is 

granted and the case is remanded to the Commissioner for further 

proceedings. 

BACKGROUND & PROCEDURAL HISTORY 

On April 15, 2009, and April 21, 2009, Plaintiff Dawn 

Wesolowski applied for Disability Insurance Benefits (“DIB”) and 

Supplemental Security Income (“SSI”), respectively. Ms. 

Wesolowski alleged that she had became disabled as of November 

26, 2008, because of a series of health issues including 

depression, fibromyalgia, bipolar disorder, edema, obesity, high 

blood pressure, and asthma. Record at 10, 27-42. Ms. 

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Wesolowski’s application was denied initially and denied upon 

reconsideration. R. 10. Ms. Wesolowski requested a hearing 

before an administrative law judge (“ALJ”), and the case was 

assigned to ALJ Kathleen Mucerino, who held the requested 

hearing on October 15, 2010. Id. 

At the hearing before the ALJ, Ms. Wesolowski appeared, and 

was represented by counsel. Ms. Wesolowski was born on August 

24, 1966. R. 203. She testified that she was forty-four years 

of age at the time of the hearing. R. 32. She also testified 

that she lives with her boyfriend. R. 29. 

The ALJ issued an unfavorable decision on December 16, 

2010. R. 18. Ms. Wesolowski requested review and the Appeals 

Council denied this request on February 29, 2012, leaving the 

ALJ’s decision as the final decision of the Commissioner. R. 1. 

On April 24, 2012, Ms. Wesolowski filed suit in this Court. This 

Court has jurisdiction pursuant to 42 U.S.C. §§ 405(g) and 

1383(c). The parties consented to vest jurisdiction in a 

Magistrate Judge on June 13, 2012 [7]. Ms. Wesolowski filed her 

motion for motion for summary judgment [20] on November 2, 2012, 

and the Commissioner filed its response and cross motion for 

summary judgment [25] on January 14, 2013. 

ALJ HEARING 

With regard to Ms. Wesolowski’s work history, at the ALJ 

hearing and under oath, Ms. Wesolowski testified that her 

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background was in insurance and medical. R. 28. Ms. Wesolowski 

was an “auto bodily injure adjuster for ten years,” and then 

went into the medical field. Id. At the date of her onset, she 

worked for Medical Business Office. R. 33. During this time she 

was hospitalized for high blood pressure and subsequently was 

fired. Id. Ms. Wesolowski testified that she had lost several 

very short-term jobs due to her depression and fibromyalgia 

pain. R. 27. Some of her symptoms include trouble walking, 

sitting, and concentrating. Id. Also, because she would miss a 

substantial amount of work due to her symptoms, she would not 

make it past the probationary period and, therefore, be 

terminated. Id. In her last job, she attempted to work at 

Lakeshore OBGYN from April 2010 through July 2010. R. 40. She 

was terminated in July 2010, because of her absenteeism due to 

illness, missing a total of twelve days of work in a three-month 

period. Id. Ms. Wesolowski testified that this type of pattern 

of attendance is the reason that she has had so many short-term 

jobs. R. 41. At Lakeshore OBGYN, she had difficulty maneuvering 

around the office and was slow, because she was not able to 

elevate her legs. R. 43. Also, because of her shortness of 

breath, she was not able to concentrate because she would have 

to focus on breathing. R. 44. 

Ms. Wesolowski testified that her blood pressure affects 

her, because she gets a very quick heartbeat. R. 33. She 

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testified that she has a lot of shortness of breath and feels 

problems with the circulation in her lower legs and feet. Id. 

In April of 2010, she was diagnosed with trace pitting edema. R. 

36. Her legs swell and it is painful to even have someone poke 

at her legs. R. 37. She testified that she cannot wear socks 

because it cuts off her circulation and that her legs are too 

big for them. Id. She is 5’6-1/2 and weighs two hundred eighty 

pounds. Id. Ms. Wesolowski testified that her doctors 

recommended that she elevate her legs and that if she stands on 

them, they tend to go numb or spasm. Id. She cannot sleep well 

due to the pain and movement in her legs. R. 43. In fact, she 

is up sometimes for two or three days at a time, and on the 

fourth or fifth day, she will sleep an entire day or two days in 

a row. Id. 

Ms. Wesolowski testified that she can use her hands to 

write on good days, however, on bad days, the pain in her hands 

will prevent her from holding the pen correctly and it looks 

like a child’s writing. R. 34. When her fingers are not swollen 

and sore, she still has a lot of joint pain, and her fingers are 

swollen and sore for about a two-week period every month. Id. 

She testified that she is not noticing any difference in the 

pain she is experiencing when she takes the pain medication that 

was prescribed for her. R. 34. She was prescribed Meloxicam for 

her arthritis in her back, and that was not providing any 

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relief. Id. She was prescribed Miraplex for her legs, but she 

testified that it does not help with the swelling. Id. She was 

also taking Citalopram and Xanax for her depression, and was 

prescribed Lyrica for her fibromyalgia, but she had an allergic 

reaction to the Lyrica, so she doesn’t have any pain medication 

for it. R. 28. Lastly, she took Hydrochlorothiazide for excess 

water consumption in the body, which made her urinate once an 

hour. R. 38. Ms. Wesolowski also testified that her depression 

was very bad at the moment, and that had it not been for the ALJ 

hearing, she would not have left her home. R. 39. 

With regard to Ms. Wesolowski’s daily routine and 

activities, Ms. Wesolowski testified that lately most of her day 

has been spent in bed or sitting, reclining and watching 

television with her feet up due to the pain in her legs, feet, 

hips, and back. R. 29. Most of the pain was in her legs and 

feet, and if she does not elevate them, they swell quite a bit, 

and she is not able to put pressure on them. Id. She does 

housework a little bit at a time and she rests in between for an 

hour to an hour and fifteen minutes. R. 30. When she is doing 

laundry, she will sit and use the computer and look for jobs on 

“CareerBuilder” or “Monster,” and apply to things that she feels 

she is qualified for. R. 31. She and her boyfriend go grocery 

shopping together, because she cannot bring in the groceries. R. 

39. 

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 Ms. Wesolowski testified that her depression causes her to 

have bad days four out of seven days every week. R. 40. On 

these bad days, she gets out of bed and moves to the recliner 

and then back and forth between the recliner and the bed. Id. 

She does not often spend time with friends, because she recently 

relocated to Illinois from Indiana. R. 29. She does not have a 

problem getting along with people; however, she testified that 

she is short tempered, and her temper has become shorter and 

shorter, because she never really feels very well. Id. 

Ms. Wesolowski testified that she could not do more than 

thirty to forty-five minutes at a time of housework. R. 30. 

When doing laundry, she is able to wash the clothes, however, 

she is not able to carry the laundry downstairs to the basement, 

and then when she is finished doing laundry, someone carries it 

back up the stairs and puts it away. R. 31. Also, she is able 

to only carry two bags of groceries at a time without becoming 

short of breath due to her asthma and high blood pressure. Id. 

VOCATIONAL EXPERT TESTIMONY 

The ALJ heard testimony from Matthew C. Lampley, a 

Vocational Expert, who had reviewed Ms. Wesolowski’s prior work 

and vocational background. R. 46. Mr. Lampley was present 

during Ms. Wesolowski’s testimony. Id. He testified that Ms. 

Wesolowski’s prior employment had transferrable skills, such as 

knowing rules and regulations in the medical and insurance 

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industry, knowledge of medical terminology, performing contract 

analysis, making judgments as it pertains to the claims, and the 

ability to apply logic to identify problems within the industry. 

R. 47. Mr. Lampley determined that a hypothetical individual 

with limitations similar to Ms. Wesolowski would not be able to 

perform her past work due to occasional fine and gross 

manipulation. Id. Mr. Lampley also determined that there were 

other occupations in the national and regional economy that a 

hypothetical person could perform, such as sales attendant, 

school bus monitor, or vending machine attendant. Id. 

However, Mr. Lampley did conclude that work would be 

precluded for a hypothetical individual who had to elevate his 

or her feet twenty percent of the time. R. 49. Mr. Lampley also 

testified that a hypothetical person who has limitations similar 

to Ms. Wesolowski and who was limited to a sedentary level of 

work would not be able to perform Ms. Wesolowski’s past work. 

Id. However, Mr. Lampley did determine that Ms. Wesolowski 

could perform jobs such as call-out operator or surveillance 

systems monitor. Id. He also testified that, if Ms. Wesolowski 

missed one to three days a month due to her impairments, it 

would preclude all competitive work. Id.

MEDICAL RECORD 

In addition to the testimony of Ms. Wesolowski and the 

Vocational Expert Mr. Lampley, the record before the ALJ, and 

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this Court, includes medical records. However, as pointed out 

during the ALJ hearing, the record does not include the medical 

records of Ms. Wesolowski that document her first diagnosis of 

fibromyalgia in 2005. R. 28. In fact, there is no medical 

documentation in the record prior to December 27, 2007. R. 293-

295. On December 27, 2007, Ms. Wesolowski went in for a checkup 

and indicated symptoms of episodic right abdominal pain. R. 

294. At the time, Ms. Wesolowski was five feet five inches tall 

and weighed two hundred and forty three pounds. R. 287. She was 

treated by Dr. Fariha Kausar. Id. After a pregnancy test 

confirmed that she was pregnant, she was instructed to stop 

taking all prescribed medications and to go to the emergency 

room if abdominal pain or bleeding occurred. R. 295. 

 On January 23, 2008, Ms. Wesolowski again saw Dr. Kausar, 

where she weighed two hundred and thirty nine pounds. R. 287. 

During this visit, Ms. Wesolowski reported a head injury that 

she had sustained a week prior and complained of face twitching. 

R. 292. Ms. Wesolowski also indicated that she was in pain, 

however, it does not specify where the pain was located or what 

the causes of it were. Id. Dr. Kausar noted that Ms. Wesolowski 

had a miscarriage two weeks prior. R. 287, 292. Dr. Kausar 

performed a pregnancy evaluation and Ms. Wesolowski tested 

negative. R. 286. Dr. Kausar instructed Ms. Wesolowski to 

resume her medications and noted that Ms. Wesolowski needed to 

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go to the emergency room to have a CT Scan and brain evaluation 

performed. R. 293. 

 On November 25, 2008, Ms. Wesolowski called Dr. Kausar 

complaining of weakness, diarrhea, vomiting, shortness of 

breath, heart beating fast, and not being able to get out of bed 

for two days. R. 286. Dr. Kausar instructed Ms. Wesolowski to go 

to the emergency room. Id. A few weeks later, on December 30, 

2008, Ms. Wesolowski saw Dr. Kausar and weighed two hundred and 

sixty one pounds. R. 287. Dr. Kausar noted that Ms. Wesolowski 

was obese, and depressed (indicating that she would refer Ms. 

Wesolowski to a psychologist). R. 291. Dr. Kausar also noted 

that Ms. Wesolowski had pain, dyslipidemia, and that there was 

right arm swelling. R. 290-91. She indicated that Ms. 

Wesolowski complained of bloating, abdominal discomfort, that 

her general body pain worsened since taking Statin, and that the 

swelling under the right arm had increased. R. 290. 

On January 13, 2009, Dr. Kausar referred Ms. Wesolowski to 

the office of Dr. Shabeeb for a breast tissue biopsy. R. 286. 

Dr. Demir performed the biopsy on January 23, 2009. R. 310. Dr. 

Demir indicated that at the time, “Ms. Wesolowski is a forty-two 

year old female who complains of discomfort related to bilateral 

axillary breast tissue. This has been increasing in size. 

Mammogram and sonogram were unremarkable for any malignancy.” R. 

312. Dr. Demir explained the condition to Ms. Wesolowski, and 

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the risks of surgery to remove the problem tissue and proceeded 

with the surgery. R. 313. The tests after the surgery indicated 

that there was no evidence of a tumor. R. 316-317. Following 

the surgery and a few follow-ups, Ms. Wesolowski cancelled and 

rescheduled four appointments from February 19, 2009 through 

April 9, 2009 for various reasons. R. 301. Finally, on April 9 

2009, Dr. Demir saw Ms. Wesolowski and indicated that she was 

doing well. Id. 

 On September 21, 2009, Ms. Wesolowski was seen and treated 

by Dr. Mary Okam-Ubanwa for a health maintenance exam and 

prescription refills. R. 409, 411. Ms. Wesolowski weighed two 

hundred seventy two pounds at the time of the visit. R. 409. 

There was no edema present in the bilateral lower extremities. 

R. 410. Dr. Okam-Ubanwa indicated that Ms. Wesolowski had 

essential hypertension (benign), uncontrolled hypertension, 

morbid obesity, fatigue/malaise, diarrhea, and back sprain. Id. 

Dr. Okam-Ubanwa ordered several diagnostic laboratory tests to 

be performed as well, and referred Ms. Wesolowski to a 

gastroenterologist and gynecologist. R. 410, 411. Ms. 

Wesolowski had indicated that she had not taken her medication 

in one month and Dr. Okam-Ubanwa educated Ms. Wesolowski about 

the dangers and consequences of her non-compliance and behavior. 

R. 411. Ms. Wesolowski went for testing on September 29, 2009, 

where she reported frequent urination. R. 407. She also 

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reported back on November 6, 2009 for her test results, which 

did not indicate any irregularities. R. 406. 

On October 30, 2009, at the request of the Indiana 

Disability Determination Bureau, Dr. Ikechukwu Emereuwaonu 

performed a physical examination on Ms. Wesolowski. R. 374-377. 

Ms. Wesolowski weighed two hundred seventy five pounds. R. 375. 

Dr. Emereuwaonu indicated that Ms. Wesolowski had no limitations 

getting on and off the exam table, tandem walking, walking on 

toes, walking on heels, squatting, or hopping. R. 377. In 

regards to Ms. Wesolowski’s lower extremities, there was no 

swelling, stiffness, effusion, or skin discoloration present. 

Id. However, Ms. Wesolowski did have blood pressure of 148 over 

93. R. 375. Dr. Emereuwaonu indicated that Ms. Wesolowski had 

fibromyalgia and depression with hypertension. R. 377. 

A few days later, on November 12, 2009, Dr. Okam-Ubanwa 

again treated Ms. Wesolowski. R. 403. She was there for a 

preventative physical examination and complained of cold 

symptoms, i.e. cough, wheezing, nasal congestion, etc. Id. She 

complained of having a hard time swallowing, and a lot of 

pressure in both ears, and indicated that she still felt tired 

and depressed. Id. She weighed two hundred seventy three 

pounds. Id. There was no edema present in the bilateral lower 

extremities. R. 404. However, Dr. Okam-Ubanwa indicated that 

Ms. Wesolowski had hypertension (benign), depression, morbid 

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obesity, acute bronchitis, and chronic pelvic pain. Id. Dr. 

Okam-Ubanwa also referred Ms. Wesolowski to psychiatry for a 

depression evaluation and to Dr. Marsh for a follow-up on the 

pelvic pain. R. 405. 

 On February 25, 2010, Ms. Wesolowski saw Dr. Okam-Ubanwa 

and on April 30, 2010, Ms. Wesolowski saw Dr. Ricardo C. Hood. 

R. 400, 402. During both visits, Ms. Wesolowski indicated the 

same symptoms and the treatment from both doctors were virtually 

the same. Id. Ms. Wesolowski weighed two hundred seventy seven 

pounds during her April 30, 2010 appointment. R. 398. There 

was no edema present in the bilateral lower extremities. R. 399, 

402. She indicated she was there for several reasons including 

preventative examination, swelling in both legs, MRI and EKG 

report, anxiety evaluation, sinus congestion, and wheezing. 

During the visit, Dr. Hood discontinued the Loratadine and 

Citalopram medications. R. 396. Dr. Hood indicated mood and 

affect normal and appropriate to the situation. R. 400. Dr. 

Hood indicated that Ms. Wesolowski had essential hypertension 

(benign), depression, morbid obesity, acute bronchitis, restless 

leg syndrome, and mixed hyperlipidemia. Id. Dr. Hood also 

indicated that he discussed with Ms. Wesolowski the need for 

weight and dietary controls and informed her family about the 

risks of obesity, and that the family must be involved to 

promote a healthy lifestyle. Id. 

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On May 25, 2010, Ms. Wesolowski saw Dr. Hood for a number 

of issues. R. 396. She went in for a checkup, vomiting, 

diarrhea, chills, light-headedness, asthma, and to refill her 

medications. Id. Ms. Wesolowski weighed two hundred seventy 

pounds. Id. Dr. Hood noted that Ms. Wesolowski was pleasant, in 

no apparent distress, and looks her given age, is well developed 

and nourished with good attention to hygiene and body habits. 

Id. Dr. Hood indicated that Ms. Wesolowski had asthma, and 

acute bronchitis. R. 397. Dr. Hood scheduled a follow-up visit 

for three months. Id. 

 On July 20, 2010 and August 2, 2010, Ms. Wesolowski went to 

the Ingalls Tinley Park Primary emergency room. R. 455, 465. 

Ms. Wesolowski complained both times of abdominal pain. Id. 

On July 20, 2010, she was diagnosed with ovarian cyst, 

sinusitis, and anemia and was told to follow up with her primary 

care physician as soon as possible for the anemia. R. 478. On 

August 2, 2010, it was determined that Ms. Wesolowski also had 

uterine fibroids and was again instructed to follow up with her 

primary care physician. R. 462. 

 In regard to Ms. Wesolowski’s bipolar disorder, on 

December 9, 2009, Ms. Wesolowski followed Dr. Hood’s referral 

and reported to the Regional Mental Health Center and underwent 

her mental evaluation. R. 435, 436, 439. She was diagnosed 

with bipolar disorder and given a treatment plan with objectives 

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and individual psychotherapy. R. 436. It was indicated that Ms. 

Wesolowski qualified for supportive community services; however, 

she was only interested in individual psychotherapy and the 

psychiatric assessment at that time. R. 449. Ms. Wesolowski 

reported to three treatment sessions total, dating December 22, 

2009, December 29, 2009, and January 14, 2010, led by Mr. 

Bernardo Flores. R. 426, 429, 433. On January 25, 2010, Ms. 

Wesolowski reported to another assessment given by Dr. Sonia 

Yballe at the Regional Mental Health Center. R. 422. During 

this time period from December, 2009 through January, 2010, Ms. 

Wesolowski cancelled for several reasons including weather, car 

trouble, and one reason that she had found a job, so she was not 

able to make it. R. 420, 425, 428. Ms. Wesolowski was 

eventually discharged, because she had cancelled her last 

appointment and she did not respond to attempts to engage. R. 

417. It was also noted that Ms. Wesolowski did not demonstrate a 

significant amount of change in the short amount of time that 

she participated. R. 418. 

On July 9, 2009, five months before Ms. Wesolowski’s mental 

evaluation, Dr. Joelle Larsen completed a Psychiatric Review 

Technique regarding Ms. Wesolowski. R. 359. Dr. Larsen 

determined that there was insufficient evidence to determine Ms. 

Wesolowski’s functional limitations. R. 369. Dr. Larsen noted 

that the “Claimant alleged ‘fibromyalgia, depression, HBP, 

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possible rheumatoid arthritis.’ No history of treatment for 

depression. MSE was ordered. Claimant reported she obtained a 

job and did not want to pursue disability claim. MSE needed to 

fully evaluate. Insufficient evidence in file.” R. 371. Dr. 

Mangala Hasanadka then signed off on the report. R. 373. 

Dr. Kenneth Neville completed a follow-up Psychiatric 

Review Technique on November 4, 2009, one month prior to Ms. 

Wesolowski’s mental evaluation. R. 380. Dr. Neville indicated 

under “Medical Dispositions” that Ms. Wesolowski’s impairments 

were “Not Severe” and that the category upon which the medical 

disposition was based included “Affective Disorders.” Id. Dr. 

Neville also indicated that his findings completed the medical 

portion of the disability determination and that a medically 

determinable impairment was present that did not satisfy the 

diagnostic criteria outlined in the Psychiatric Review 

Technique. R. 380, 383. Dr. Neville indicated that the 

restriction of activities of daily living, difficulties in 

maintaining social functioning, concentration, persistence, or 

pace, were all mild. R. 390. He also indicated that episodes of 

decomposition, each of extended duration did not exist. Id. Dr. 

Neville noted that the “claimant’s allegation are partially 

credible, as she tends to emphasize symptoms and limitations and 

minimize abilities. Severity is not fully supported by medical 

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expertise.” R. 392. Dr. J.V. Corcoran then signed off on the 

report. R. 394. 

Following the Psychiatric Review Technique, at the request 

of the Indiana Disability Determination Bureau, on October 26, 

2009, Dr. Irena M. Walters performed a Mental Status Evaluation 

on Ms. Wesolowski. R. 283. Dr. Walters indicated that Ms. 

Wesolowski was alert and oriented to person, place and time. R. 

284. During the interview, Ms. Wesolowski tearfully stated that 

she had fleeting thoughts of self harm since August of 2009, 

because she was not feeling good and she also felt like she was 

a burden and not independent. Id. Dr. Walters summarized the 

encounter stating that Ms. Wesolowski was cooperative putting 

forth good effort during this evaluation. R. 285. Dr. Walters 

also diagnosed Ms. Wesolowski with depressive disorder, bipolar 

disorder, fibromyalgia with obesity, and high blood pressure. 

Id. 

On May 21, 2009, Ms. Wesolowski completed a “Function 

Report.” R. 216-23. In the Report, she indicated that her daily 

activities consisted of some days having the energy to head to 

the library to look for work, light food shopping and errands, 

and on bad days, she slept on and off all day and she was unable 

to accomplish basic tasks. Id. She was not able to hold a full 

time job for longer than a few weeks or months due to her 

illness. R. 217. She prepares her own meals such as sandwiches, 

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frozen dinners, and occasionally a three-course dinner 

consisting of meat, starch, and vegetables. R. 218. Each meal 

takes about twenty to thirty minutes and due to her illness she 

cooks less complicated food. Id. She indicated that she is able 

to do laundry and light housecleaning and that laundry takes the 

longest about three to four hours and a half day to clean the 

house. Id. Doing these chores makes Ms. Wesolowski very short 

of breath, so she is not able to do these tasks regularly. Id. 

She goes outside once or twice a week, and she is able to drive, 

ride in a car, and walk. R. 219. She indicated that she goes 

shopping for basic items, clothing, and food once every two 

weeks for two to three hours at a time. Id. 

Ms. Wesolowski indicated that she is able to pay her bills, 

count change, handle a savings account, and use a checkbook. Id. 

She likes watching television, reading, and working out. R. 

220. However, she indicated that she is no longer able to 

workout, because she cannot breathe well and that she tires 

easily. Id. She indicated that she likes to talk on the phone, 

go out with her boyfriend, see family, and that she does these 

things once a week and sometimes twice a week. Id. Ms. 

Wesolowski also indicated that when she is depressed and having 

a “flair,” she feels that no one understands why she is tired 

and crabby and why she cannot do things. R. 221. She also 

indicated that she has a hard time walking far and playing with 

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her niece and nephew. Id. On the list of items that illnesses, 

injury, or conditions affect, Ms. Wesolowski checked twelve out 

of nineteen boxes: lifting, squatting, bending, standing, 

reaching, walking, sitting, kneeling, stair climbing, completing 

tasks, concentration, and getting along with others. Id. She 

indicated that pain and fatigue plays a major role in how she 

feels day-to-day and that each day is different. Id. She also 

indicated that she can walk about a block to a block and one 

half, and that she would need to rest for several minutes before 

resuming her walk. Id. Ms. Wesolowski also indicated that 

stress causes flairs in her illness and severely increases her 

depression. R. 222.

 Ms. Wesolowski completed another function report, four and 

one half months after her last, on October 5, 2009. R. 243-50. 

The report was mostly the same, however, Ms. Wesolowski showed 

pain and symptom progression in her responses. Id. She 

indicated that it now takes her two and one half to three hours 

to get moving due to severe hip, back, and leg pain. Id. She 

indicated that she showers sometimes. Id. Ms. Wesolowski also 

checked thirteen of the nineteen boxes on the list of items that 

illnesses, injury, or conditions affect, adding memory to the 

list. R. 248. She also stated that she gets tired after walking 

several feet as opposed to one block, and that it takes her ten 

to fifteen minutes of rest to be able to continue. Id. Ms. 

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Wesolowski also indicated that she now does not handle stress 

well, because it makes her teary quickly or become physically 

ill. R. 249. 

WORK HISTORY 

In regard to Ms. Wesolowski’s work history, from 2001-2007, 

Ms. Wesolowski worked as an account manager in a collections 

department and from 1990 – 2001, she worked as an insurance 

adjustor in the insurance field. R. 209. On May 13, 2009, Ms. 

Wesolowski completed a Work Activity Report. R. 199. She 

indicated that on June 10, 2008, she worked one day for Staff 

Source. R. 193. She indicated that she worked at Family Care 

Center from July 10-15, 2008. R. 192. She then worked from 

October 10 – November 26, 2008 at Orthopedic Specialists. Id. 

She indicated that she stopped working, because she was off of 

work for two weeks, because of pneumonia and was subsequently 

let go. Id. 

ALJ’s DECISION 

The ALJ issued her decision on December 16, 2010, denying 

Ms. Wesolowski’s claims for DIB and SSI. R. 7. The ALJ 

determined that Ms. Wesolowski met the insured status 

requirements of the Social Security Act through December 31, 

2013, and that Ms. Wesolowski had not engaged in substantial 

gainful activity since November 26, 2008. R. 12. The ALJ 

determined that Ms. Wesolowski had the following impairments, 

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which are severe in combination: fibromyalgia with chronic pain, 

osteoarthritis, morbid obesity, hypertension, restless leg 

syndrome, edema, and asthma. Id. The ALJ determined that all of 

these impairments in combination more than minimally interfere 

with Ms. Wesolowski’s ability to perform work related activity. 

Id. However, the ALJ determined that Ms. Wesolowski’s 

impairment related limitations do not preclude all work 

activity. R. 15. 

The ALJ also stated that “claimant’s medically determinable 

impairments could reasonably be expected to cause the alleged 

symptoms, however, the claimant’s statements concerning the 

intensity, persistence and limiting effects of these symptoms 

are not credible to the extent they are inconsistent with the 

above residual functional capacity report.” R. 15. The ALJ also 

noted that a consultative examination of Ms. Wesolowski showed 

no muscle atrophy, calling into question the truthfulness or 

reliability of her claims about laying down all day. Id. The 

ALJ also relied on the testimony of the Vocational Expert, Mr. 

Langley, and determined that, given Ms. Wesolowski’s age, 

education, work experience, and residual functional capacity, 

there are jobs that exist in significant numbers in the national 

economy that are considered sedentary, such as call operator and 

surveillance systems monitors that Ms. Wesolowski could attain 

and perform. R. 17. Therefore, the ALJ determined that Ms. 

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Wesolowski was not disabled within the meaning of the Social 

Security Act and was not entitled to benefits. R. 17, 18. 

After the Appeals Council denied review, Ms. Wesolowski 

filed a lawsuit in this Court, seeking review of the Social 

Security Administrations’ final agency decision. The parties 

consented to proceed before this Court, and the case was 

reassigned on June 25, 2012. The case is now before the Court 

on the parties’ motions for summary judgment. Ms. Wesolowski 

asks the Court to reverse the Commissioner’s decision denying 

her benefits, or to remand the matter for further proceedings. 

Defendant responds, requesting that the Court grant summary 

judgment in its favor. 

DISCUSSION 

APPLICABLE LAW 

An individual claiming a need for DBI or SSI must prove 

that she has a disability under the terms of the SSA. In 

determining whether an individual is eligible for benefits, the 

social security regulations require a sequential five-step 

analysis. First, the ALJ must determine if the claimant is 

currently employed; second, a determination must be made as to 

whether the claimant has a severe impairment; third, the ALJ 

must determine if the impairment meets or equals one of the 

impairments listed by the Commissioner in 20 C.F.R. Part 404, 

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Subpart P, Appendix 1; fourth, the ALJ must determine the 

claimant's RFC, and must evaluate whether the claimant can 

perform her past relevant work; and fifth, the ALJ must decide 

whether the claimant is capable of performing work in the 

national economy. Knight v. Chater, 55 F.3d 309, 313 (7th 

Cir.1995). At steps one through four, the claimant bears the 

burden of proof; at step five, the burden shifts to the 

Commissioner. Id.

A district court reviewing an ALJ's decision must affirm if 

the decision is supported by substantial evidence and is free 

from legal error. 42 U.S.C. § 405(g); Steele v. Barnhart, 290 

F.3d 936, 940 (7th Cir.2002). Substantial evidence is “more 

than a mere scintilla”; rather, it is “such relevant evidence as 

a reasonable mind might accept as adequate to support a 

conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 

1420, 28 L.Ed.2d 842 (1971). In reviewing an ALJ's decision for 

substantial evidence, the Court may not “displace the ALJ's 

judgment by reconsidering facts or evidence or making 

credibility determinations.” Skinner v. Astrue, 478 F.3d 836, 

841 (7th Cir.2007) (citing Jens v. Barnhart, 347 F.3d 209, 212 

(7th Cir.2003)). Where conflicting evidence allows reasonable 

minds to differ, the responsibility for determining whether a 

claimant is disabled falls upon the Commissioner, not the 

courts. Herr v. Sullivan, 912 F.2d 178, 181 (7th Cir.1990). 

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An ALJ must articulate his or her analysis by building an 

accurate and logical bridge from the evidence to her 

conclusions, so that the Court may afford the claimant 

meaningful review of the SSA's ultimate findings. Steele, 290 

F.3d at 941. It is not enough that the record contains evidence 

to support the ALJ's decision; if the ALJ does not rationally 

articulate the grounds for that decision, or if the decision is 

not sufficiently articulated, so as to prevent meaningful 

review, the Court must remand. Id. 

ANALYSIS OF MS. WESOLOWSKI’S ARGUMENTS 

Ms. Wesolowski argues that the ALJ’s decision should be 

reversed or remanded, because the ALJ erred in three main ways. 

First, Ms. Wesolowski argues that the ALJ erred by overlooking 

and not specifically addressing the medical evidence of her 

mental impairments such as Depression, Bipolar Disorder, 

Anhedonia, and mood swings in the opinion. Pl. Mot. S.J. at pp. 

7-8. Second, Ms. Wesolowski argues that the ALJ erred in 

assessing her RFC to perform sedentary work. Id. at 10. 

Specifically, Ms. Wesolowski argues that the ALJ excluded mental 

limitations in the hypothetical questions to the vocational 

expert, failed to adequately analyze her obesity, and failed to 

consider Ms. Wesolowski’s alleged sitting limitations. Id. at 

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10-11. Third, Ms. Wesolowski asserts that the ALJ erred in 

evaluating her credibility. 

THE ALJ’S REVIEW OF MENTAL IMPAIRMENTS 

Ms. Wesolowski argues that the ALJ erred by overlooking, 

and not specifically addressing the medical evidence of 

Plaintiff’s mental impairments, such as Depression, Bipolar 

Disorder, Anhedonia, and mood swings in her opinion. Pl. Mot. 

S.J. at pp. 7-8. In particular, Ms. Wesolowski argues that the 

ALJ failed to mention Ms. Wesolowski’s diagnosis and treatment 

at Regional Mental Health Center for her mental impairments. Id. 

Ms. Wesolowski also argues that the ALJ failed to mention 

testimony and self-reports, which suggested severe depression, 

and instead, solely discussed Ms. Wesolowski’s daily activities. 

In response, the Commissioner argues that the ALJ did not 

overlook Ms. Wesolowski’s mental impairments. Def. Resp. at p. 

5. The Commissioner argues that the ALJ’s “findings of Ms. 

Wesolowski’s mental functioning was supported by no less than 

three physicians.” Id. Also, the Commissioner argues that the 

ALJ stated that she considered the entire record and 

furthermore, the Commissioner argues that the ALJ did refer to 

the discharge summary from Ms. Wesolowski’s treatment with Dr. 

Yballe, a psychiatrist, which, indicated that Ms. Wesolowski had 

only attended three sessions before dropping out. Id. at 5-6. 

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The ALJ is not required to address every piece of evidence or 

testimony presented, but must provide a “logical bridge” between 

the evidence and his conclusions. Terry v. Astrue, 580 F.3d 471, 

475 (7th Cir. 2009)(citing Clifford v. Apfel, 227 F.3d 863, 872 

(7th Cir.2000)). 

In the ALJ’s opinion, the ALJ stated that she carefully 

considered the entire record, however, the ALJ did not 

specifically mention Ms. Wesolowski’s medical treatment with Dr. 

Yballe at the Regional Mental Health regarding her mental 

impairments or any of the other doctors who considered Ms. 

Wesolowski’s mental impairments. R. 12. Instead, in determining 

Ms. Wesolowski’s mental impairments, the ALJ noted Ms. 

Wesolowski’s testimony and self-reported RFC reports that 

indicated that Ms. Wesolowski is short tempered, but is able to 

get along with others, does her own finances, prepares her own 

meals, and stated that she believes she is able to work, and was 

therefore, constantly looking for work. R. 13. The ALJ further 

explained that, “the findings regarding Ms. Wesolowski’s 

functional limitations are further supported by the state agency 

consultant’s assessments, which are given great weight to the 

extent they are consistent with the evidence of record as a 

whole.” Id. The ALJ then concluded that Ms. Wesolowski only had 

mild limitations in the areas of daily living, social 

functioning, concentration, persistence or pace and no episodes 

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of decompensation, therefore, Ms. Wesolowski’s mental 

impairments were not severe. Id. 

Although, the ALJ did mention Ms. Wesolowski’s testimony 

and self-reported RFC, as well as the state agency consultant’s 

assessments in evaluating Ms. Wesolowski’s mental impairments, 

the ALJ did not mention in the opinion the objective medical 

evidence of Ms. Wesolowski being treated by Dr. Yballe at the 

Regional Mental Health Center. The ALJ may have considered the 

medical evidence in question, however, because it was not 

addressed in the opinion, and because the ALJ must articulate 

her analysis by building an accurate and logical bridge from the 

evidence to her conclusions, the Court finds that the case 

should be remanded on this issue, and the medical evidence of 

Ms. Wesolowski being treated by Dr. Yballe should be addressed 

by the ALJ. 

THE ALJ’S RFC DETERMINATION 

Next, Ms. Wesolowski argues that the ALJ erred in assessing 

her RFC Report in three ways. First, Ms. Wesolowski argues that 

the ALJ did not incorporate her mental impairments in the 

hypotheticals to the vocational expert. Second, Ms. Wesolowski 

argues that the ALJ did not adequately consider her obesity in 

her RFC Assessment. Third, Ms. Wesolowski argues that the ALJ 

lacked a reasonable basis for finding that Ms. Wesolowski could 

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perform the sitting requirements of sedentary work. When 

determining a claimant's RFC, the ALJ must consider the 

combination of all limitations on the ability to work, including 

those that do not individually rise to the level of a severe 

impairment. Denton v. Astrue, 596 F.3d 419, 423 (7th Cir. 2010) 

(citing 20 C.F.R. § 404.1523; Terry v. Astrue, 580 F.3d 471, 477 

(7th Cir.2009); Villano v. Astrue, 556 F.3d 558, 563 (7th 

Cir.2009)). A failure to fully consider the impact of nonsevere impairments requires reversal. Golembiewski v. Barnhart, 

322 F.3d 912, 918 (7th Cir.2003). 

Ms. Wesolowski argues that the ALJ was required to include 

her mental impairments in the hypotheticals to the VE. 

Specifically, Ms. Wesolowski argues that the ALJ must 

“specifically include mild limitations in concentration, 

persistence, or pace and social functioning in hypothetical 

questions to the vocational expert.” Pl. Mot. S.J. at p. 11. 

Ms. Wesolowski further argues that even mild limitations in 

social functioning could preclude her from doing the jobs the 

ALJ found that Ms. Wesolowski was capable of doing. Id. 

The Commissioner admits that the ALJ did not include mental 

impairments in the hypothetical questions to the vocational 

expert, but argues there is no error. The commissioner argues 

that the case Koswenda v. Astrue, 2009 WL 958542, (N.D. Ill. 

2009) cited by Ms. Wesolowski to support her argument that the 

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ALJ is required to include mental impairments in the 

hypotheticals to the vocational expert is unpublished, and 

therefore, lacks precedential value. 

During the ALJ hearing, the ALJ did not include 

hypotheticals to the VE regarding Ms. Wesolowski’s mental 

impairments. R. 45-50. Although, Koswenda is an unpublished 

case, the Court finds that it has value. Furthermore, although 

the ALJ concluded that Ms. Wesolowski’s mental impairments were 

mild, the ALJ is required to consider the combination of all 

limitations on the ability to work, and the ALJ should have 

posed questions to the VE that included mild mental impairment 

to assess whether it would have precluded Ms. Wesolowski from 

performing sedentary work. Therefore, on remand, the ALJ is to 

include Ms. Wesolowski’s mental impairments in a hypothetical to 

the VE. 

Next, in regards to the ALJ adequately assessing Ms. 

Wesolowski’s obesity, Ms. Wesolowski argues that the ALJ erred. 

Ms. Wesolowski argues that the ALJ failed to specifically 

address how obesity can have an effect on her joint pain due to 

her fibromyalgia. Pl. Mot. S.J. at p. 12. The Commissioner 

argues that the Seventh Circuit has “repeatedly characterized an 

ALJ’s failure to explicitly discuss a claimant’s obesity as 

harmless error when the ALJ factors obesity ‘indirectly’ into 

her decision.” Def. Resp. at p. 7; Richards v. Astrue, 320 F. 

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App’x 727, 733 (7th Cir. 2010). The Commissioner further argues 

that, in the opinion, the ALJ directly referenced Ms. 

Wesolowski’s obesity and that this was sufficient. Id. at p. 8. 

 In her opinion, the ALJ directly referenced that Ms. 

Wesolowski was morbidly obese, weighing 280 pounds, standing at 

five feet six inches. R. 12. In addition, the ALJ stated that 

“when obesity is identified as medically determinable 

impairment, consideration would be given to any functional 

limitations resulting from the obesity in the residual 

functional capacity assessment in addition to any limitations 

resulting from any other physical or mental impairment 

identified.” Id. at 13. The ALJ went on to state that, in Ms. 

Wesolowski’s case, obesity in combination with her other 

impairments, is a severe impairment as it results in significant 

limitation of the claimant’s ability to perform work-related 

activity. Id. The Court finds that the ALJ did reference Ms. 

Wesolowski’s obesity, and the ALJ’s statement that Ms. 

Wesolowski’s obesity is a significant limitation that has an 

effect on her other impairments is sufficient to adequately 

assess the impact Ms. Wesolowski’s obesity has on her 

impairments. 

Third, Ms. Wesolowski argues that the ALJ lacked a 

reasonable basis for finding that she could perform the sitting 

requirements of sedentary work. In particular, Ms. Wesolowski 

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argues that the ALJ rejected the opinion of the State Agency 

doctor who found insufficient evidence of a physical impairment, 

and instead incorrectly uses her own lay medical opinion to 

determine whether Ms. Wesolowski can sit for six to eight hours 

at a time. In addition, Ms. Wesolowski argues that she 

testified that she lost several jobs, because she has trouble 

sitting and in her self-reported RFC, she stated that she could 

not stand or sit in the same position for more than 10-15 

minutes. Pl. Mot. S.J. at p. 13. 

The Commissioner argues that, although the ALJ rejected the 

State Agency doctor’s finding of insufficient evidence of 

physical impairment, there is not an “evidentiary deficit” 

between the two findings, because the doctor found that there 

was no severe physical impairment. Def. Resp. at p. 8. The 

Commissioner then argues that, during the physical consultative 

examination, Dr. Emereuwaonu did not articulate that Ms. 

Wesolowski had any sitting limitations and that this further 

strengthens the ALJ’s finding. Id. 

In the opinion, the ALJ did not specifically address the 

sitting requirements for performing sedentary work, nor did the 

ALJ address sitting requirements to the VE during the ALJ 

hearing. On remand, the ALJ is to address these issues. 

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THE ALJ’S CREDIBILITY DETERMINATION 

Next, Ms. Wesolowski asserts that the ALJ erred in 

evaluating her credibility in six ways. First, Ms. Wesolowski 

argues the ALJ’s use of the boilerplate language: “medically 

determinable impairments could reasonably be expected to cause 

the alleged symptoms,” and “statements concerning the intensity, 

persistence, and limiting effects of these symptoms were not 

credible to the extent they are inconsistent with the above 

residual functional capacity assessment,” is frowned upon by the 

Seventh Circuit. Pl. Mot. S.J. at p. 14. Ms. Wesolowski argues 

that the use of boilerplate language is not only frowned upon by 

the Seventh Circuit, but that the language itself gets things 

backwards, because it “implies that the ability to work is 

determined first and is then used to determine the claimant’s 

credibility.” Id. Ms. Wesolowski further calls into question 

the ALJ’s entire evaluation of her credibility. Id. 

In response, the Commissioner argues that, although the ALJ 

used boilerplate language, and although the Seventh Circuit 

“criticized the sentence or one like it as ‘opaque,’ 

‘meaningless,’ and ‘unsustainable’,” it is not automatic grounds 

for reversal. Def. Resp. at p. 9. The Commissioner argues that 

it is not the mere use of boilerplate language that is 

criticized by the Seventh Circuit, but rather it is the use of 

such language without further explanation. Id. 

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Here, in the opinion, the ALJ did use boilerplate language 

discounting the severity and intensity of the Ms. Wesolowski’s 

alleged symptoms. R. 15. However, in the immediate following 

paragraph and the rest of the opinion, the ALJ expanded her 

finding with further detail about the severity of Ms. 

Wesolowski’s alleged symptoms, specifically, her need to lie 

down during most of the day, the use of her hands, her joint 

pain, swelling, and shortness of breath. R. 15-16. Therefore, 

although the ALJ used boilerplate language in one paragraph of 

the opinion, the ALJ does give further explanation regarding the 

boilerplate language used, and therefore, did not err in the use 

of such language satisfying the requirements set forth by the 

Seventh Circuit. See Richison v. Astrue, 462 F. App’x 622, 625 

(7th Cir. 2012). 

Second, Ms. Wesolowski argues that the ALJ erred by 

discounting Ms. Wesolowski’s credibility regarding her need to 

lie down on some days. Pl. Mot. S.J. at p. 15. Ms. Wesolowski 

argues that the ALJ’s decision lacks merit, because her 

testimony at the ALJ hearing that she “does little but lay down 

all day,” should be credible. Id. The ALJ discredited her on 

that basis that her muscles were not atrophied. However, Ms. 

Wesolowski argues that the ALJ did not explain how normal muscle 

tone with no atrophy would impact an individual’s need to lie 

down during the day. Id. The Commissioner argues that Ms. 

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Wesolowski was mistaken as to what the ALJ meant by discrediting 

Ms. Wesolowski’s claim that “she does little but lay down all 

day.” Def. Resp. at. p. 10. The Commissioner argues that, 

because Ms. Wesolowski had normal muscle atrophy, the ALJ 

discredited the statement that she lies down all day, because 

people that lie down all day “would not be likely to have normal 

muscle tone atrophy or wasting.” Id. 

Here, in the opinion, the ALJ stated that “although the 

medical evidence of record shows that Ms. Wesolowski has 

impairments, which more than minimally interfere with her 

ability to work, it does not entirely support the credibility of 

the claimant’s allegations regarding her complete inability to 

work.” R. 15. The ALJ then goes on to detail that a 

consultative examination was given to Ms. Wesolowski that showed 

that she had normal muscle atrophy, which, would discredit Ms. 

Wesolowski’s testimony that she gave during the hearing that she 

does “little but lay down all day.” Id. However, there seems to 

be some confusion about Ms. Wesolowski’s daily activities. In 

particular, Ms. Wesolowski testified that on bad days, when she 

is depressed and or having severe pain, “she gets out of bed and 

moves to the recliner and that she is back and forth between the 

recliner and the bed.” R. 40. While the statement that she does 

“little but lay down all day” would certainly cause pause for 

concern, this statement is either mistaken or taken out of 

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context. Ms. Wesolowski indicated on several self-reported RFC 

assessments and during actual testimony what her daily 

activities included, including laundry, grocery cleaning, house 

work and making meals. R. 40, 216-23, 243-50. As this case is 

being remanded on other issues, the ALJ on remand is directed to 

carefully analyze her credibility findings, including any 

finding regarding Ms. Wesolowski’s daily activities. 

Third, Ms. Wesolowski argues that the ALJ erred in 

discounting Ms. Wesolowski’s alleged difficulty of using her 

hands. Pl. Mot. S.J. at p. 15. An ALJ “may not discredit a 

claimant’s testimony about her pain and limitations solely 

because there is no objective medical evidence supporting it.

Lang v. Astrue, 2012 WL 6106646 (N.D. Ill. 2012) (citing Villano 

v. Astrue, 55 F.3d 558, 562 (7th Cir. 2009); SSR 96-7: 20 C.F.R. 

§ 404.1529(c)(2); Johnson v. Barnhart, 449 F.3d 863, 871-72 (7th 

Cir. 2000)). Regarding her hands, Ms. Wesolowski argues that, 

in the opinion, the ALJ limited her to only occasional gross and 

fine finger manipulation in her RFC assessment, and thus, must 

have found her partially credible. Pl. Mot. S.J. at pp. 15-16. 

Ms. Wesolowski then goes on to argue that, on the day of her 

consultative examination, it was a day where her fingers were 

not swollen, and that she still experiences two weeks out of a 

month when her fingers are swollen and sore. Id. at 16. 

Therefore, even though she was having a good day and displayed 

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normal grip strength and fine finger manipulation during the 

examination, it does not mean that she does not experience bad 

days where the outcome would be the opposite. Id. The 

Commissioner argues that the ALJ found that Ms. Wesolowski had 

some limitations in her hands, however, the ALJ did not find it 

credible that Ms. Wesolowski experienced a two-week period every 

month where she was unable to hold objects or write. Def. Resp. 

at p. 11. As the case is being remanded, the issue of Ms. 

Wesolowski’s limitations of the use of her hands should be 

addressed on remand. 

Fourth, Ms. Wesolowski argues that the ALJ erred in 

discounting her allegations of joint pain, joint swelling, and 

shortness of breath. Pl. Mot. S.J. at p. 17. Ms. Wesolowski 

argues that the ALJ cannot discredit her allegations of joint 

pain, joint swelling, and shortness of breath, because her 

doctors did not recommend an aggressive form of treatment or 

because she did not lose weight. Id. Fifth, Ms. Wesolowski 

argues that the ALJ may not equate her ability to perform daily 

activities with the ability to do full time work. Pl. Mot. S.J. 

at p. 18; Bjornson v. Astrue, 671 F.3d 640, 647 (7th Cir. 2012). 

Ms. Wesolowski argues that, just because she is able to perform 

the daily activities of laundry, cooking, light housecleaning, 

driving, shopping, handling of financial matters, talking on the 

phone, and being social with friends and family in her circle, 

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does not mean that she is able to perform full time work. Id. 

Finally, Ms. Wesolowski argues that her continuing to look for 

work after her alleged onset does not mean she believed she 

could perform the work, therefore, the ALJ erred in not finding 

her allegations credible. Pl. Mot. S.J. at 18. Ms. Wesolowski 

argues that it is true that she continued to look for work, 

however, that does not mean she believed she could perform the 

work. Id. at 18-19. She argues that this is proven by her 

testimony and evidenced by her work history of not being able to 

sustain work because of absences due to her depression, 

fibromyalgia pain, fatigue, and other medical impairments, as 

well as by her being fired from her last job. Id. As the case 

is being remanded, the ALJ on remand should keep in mind all of 

Ms. Wesolowski’s arguments when determining her credibility. 

CONCLUSION 

For the reasons set forth above, the Court finds that the 

ALJ erred for several reasons. Upon remand the ALJ must 

articulate his or her analysis of Ms. Wesolowski’s mental 

impairments by building an accurate and logical bridge from the 

evidence to her conclusions. The ALJ will need to revisit the 

RFC determination based upon any new credibility findings, 

including subjective complaints of tiredness and pain. 

Therefore, remand is appropriate. The Court grants Ms. 

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Wesolowski’s motion for summary judgment and denies the 

Commissioner’s motion for summary judgment. The case is 

remanded to the Commissioner for further proceedings consistent 

with this Memorandum Opinion and Order. 

Date: January 3, 2014 

 E N T E R E D: 

 

 _________________________________ 

 MAGISTRATE JUDGE ARLANDER KEYS 

 UNITED STATES DISTRICT COURT 

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