UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

MICHAEL A.,

 Plaintiff,

 v. 

KILILO KIJAKAZI, Acting Commissioner 

of the Social Security Administration,

 Defendant.

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 No. 20-cv-4585 

 Magistrate Judge Keri Holleb Hotaling

MEMORANDUM OPINION AND ORDER

Before the Court is Plaintiff Michael A.’s1 appeal of the decision of the Commissioner of 

the Social Security Administration (“Commissioner”) denying him disability benefits. For the 

reasons set forth below, Defendant’s motion for summary judgment [Dkt. 24] is GRANTED; 

Plaintiff’s motion for summary judgment2 [Dkt. 18] is DENIED. The final decision of the 

Commissioner denying benefits is affirmed. 

I. BACKGROUND

A. Procedural History

After an unfavorable decision on an earlier application for supplemental security income 

(“SSI”) on January 12, 2017, Plaintiff again applied for SSI on May 25, 2017, alleging a disability 

beginning on January 13, 2017, one day after the prior unfavorable decision. [Administrative 

Record (“R.”) 261-71.] Plaintiff’s application initially was denied on October 3, 2017, and upon 

reconsideration on January 10, 2018. [R. 142-46, 153-55.] Plaintiff then requested an 

1 In accordance with Northern District of Illinois Internal Operating Procedure 22, the Court 

refers to Plaintiff only by his first name and the first initial of his last name(s).

2

 The Court construes Plaintiff’s Brief in Support of Reversing and Remanding the 

Commissioner’s Decision [Dkt. 18] as a motion for summary judgment. 

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administrative hearing that occurred on June 17, 2019. [R. 41-85.] Following that hearing, at which 

Plaintiff was represented by counsel, Administrative Law Judge (“ALJ”) William Spalo issued a

July 15, 2019 decision that Plaintiff was not disabled. [R. 17-34.] On June 9, 2020, the Appeals 

Council denied Plaintiff’s request for review [R. 1-4], rendering the ALJ’s decision the final 

decision of the Commissioner, reviewable by the District Court under 42 U.S.C. § 405(g). See 20 

C.F.R. § 404.981; Haynes v. Barnhart, 416 F.3d 621, 626 (7th Cir. 2004). Plaintiff then filed this 

lawsuit seeking review of the ALJ’s decision [Dkt. 1], which was reassigned to this Court on 

August 10, 2023.

B. Relevant Evidence

Plaintiff sought disability benefits beginning on January 13, 2017, for limitations stemming 

from cubital tunnel syndrome, spondylosis, bone spurs, anxiety, hypertension, and an annular disc 

tear. [R. 261-71.] Both at the hearing conducted after the initial denial of benefits and in later 

medical records, Plaintiff also referenced foot pain, periodic insomnia, and sciatic pain radiating 

down his left leg. [See R. 50-58.] The ALJ admitted and considered medical records from the 

ensuing period. [R. 43-44.] Because Plaintiff argues that the ALJ erred in regards to mental 

limitations and physical medical evidence added to the record after the state agency experts 

rendered their opinions, the Court below summarizes the expert opinions, additional medical 

evidence regarding his physical conditions that Plaintiff submitted after those opinions were 

rendered, and the relevant mental health evidence. That evidence is organized in the manner the 

ALJ and parties presented it, by condition rather than strict date order. 

1. Evidence from State Agency Consultants

In July 2017, Dr. Brian Hobard and Licensed Occupational Therapist Ms. Sue Botica 

evaluated Plaintiff’s functional capacity. They noted that Plaintiff “exhibited signs of submaximal 

effort” in that his subjective complaints “did not correlate well with objective signs of difficulty” 

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such as “changes in posture, movement or lifting abilities to correlate with reported intense pain 

and inability to continue activity.” [R. 500.] Plaintiff reported difficulty standing but demonstrated 

“little difficulty performing standing dexterity testing.” [R. 500] Plaintiff declined to lift more than 

five pounds due to the possibility of pain. [R. 501.] Plaintiff “continued to refuse” even after Dr. 

Hobard and Ms. Botica explained to him the difficulty of assessing his abilities without his 

willingness to try the tests. [R. 501.] They concluded that Plaintiff “generally did not put forth a 

genuine effort” and had performed “at the sedentary demand levels for work” and could not kneel, 

do overhead work, balance, squat, or crawl. [R. 502.]

On September 29, 2017, State Agency medical consultant Dr. Vidya Madala opined that 

Plaintiff was able to perform medium work if limited to only frequent stooping. [R. 114, 116-17.] 

In January 2018, State Agency medical consultant Dr. Reynaldo Gotanco adopted that opinion. 

[R. 133.]

As to Plaintiff’s mental impairments of depression and anxiety, in September 2017, Ellen 

Rozenfeld, a consultative PsyD, assessed Plaintiff. She diagnosed Plaintiff with no limitation in 

understanding, remembering, or applying information and mild limitations in the areas of: 

interacting with others; concentrating, persisting, or maintaining pace; and adapting or managing 

himself. [R. 111.] She opined that his “mental impairment is non[-]severe[,] imposing no more 

than mild limitations in functioning.” [R. 112.] In January 2018, State Agency medical consultant 

Dr. Steven Fritz adopted her opinion. [R. 126-28.] In September 2018, Dr. Roberta Stahnke, a 

consultative psychological examiner, opined that Plaintiff’s psychological symptoms were “not 

severe enough to interfere with the ability to do work-related activities.” [R. 512.]

2. Relevant Evidence from Treating Physicians

On December 18, 2017, Plaintiff reported right wrist pain and a previous diagnosis of 

cubital tunnel syndrome. [R. 542, 549.] A wrist x-ray was normal, and Plaintiff’s range of motion 

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improved in the next two days, despite continuing tenderness. [R. 542, 546.] In February 2018, 

Plaintiff saw two doctors and received an MRI that revealed likely chronic degenerative changes; 

he received a steroid shot, but surgery was not recommended. [R. 601-02, 611.] In March 2018, 

Plaintiff reported improvements in movement and pain levels but some numbness and tingling. [R. 

633.] In April 2018, the Plaintiff reported returning pain less severe than it had been. [R. 650.] He 

had a full range of motion with some tenderness, and he declined a further injection due to 

insufficient pain. [R. 650.] In May 2018, Plaintiff had worsening pain and tenderness, and in July 

2018, he declined an arthroscopy due to insufficiently severe symptoms. [R. 724, 751.] In 

September 2018, Plaintiff revealed that a wrist brace had helped decrease pain and agreed to a 

three-month follow-up. [R. 778.] 

In October 2018, Plaintiff reported a ten-minute period of numbness of his right ring and 

small fingers to Dr. Michael Bednar; Dr. Bednar noted that a 2017 EMG “was read as no evidence 

of cubital tunnel syndrome,” which had been mildly shown in a 2014 EMG. [R. 787.] In November 

and December 2018, Plaintiff reported incidents of numbness and tingling in both hands, worse on 

the right. Plaintiff agreed to a decompression of the ulnar nerve at the right elbow and right wrist 

arthroscopy, performed in January 2019. [R. 880.] At a post-surgical follow-up in February 2019, 

Plaintiff reported overall improvement with stiffness in his wrist and pain upon attempting to flex 

past 30 degrees; Plaintiff was prescribed physical therapy. [R. 969-71.] The physical therapist 

recorded on February 27, 2019 that Plaintiff had “met all goals set for him in the initial visit,” 

including having 50-pound bilateral grip strength and full active range of wrist motion in all 

directions; Plaintiff, moreover, was able to “lift items . . ., manipulate items with fingers, . . . chop 

vegetables” and “key board [sic],” and reported gradual improvement with turning doorknobs. [R. 

985, 986, 988-89.]

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At the June 17, 2019 administrative hearing, Plaintiff testified that his surgical scars had 

only recently healed, he still had numbness in his wrist, and his pain had improved since the 

surgery. [R. 56, 72-73.] He could pick items up but had difficulty with twisting motions. [R. 55-

56.] Although right-handed, Plaintiff had been using his left hand for some daily activities, like 

eating and brushing his teeth. [R. 74.] 

As for Plaintiff’s neck and back, before the alleged onset period of his disability, Plaintiff 

was diagnosed with spondylosis, degenerative disc disease of the lumbar spine, degenerative disc 

disease of the cervical spine, and sciatica. [See R. 400, 422, , 424-26, 429-30.] An October 2017 

physical examination was generally normal. [R. 590.] In March of 2018, Plaintiff complained of 

neck and low back pain, indicated that he did not need to take medication daily, and expressed that 

he was “not interested in injections,” although an earlier injection had given him five months’ 

relief. [R. 640, 641.] In May 2018, he visited a new primary care provider for foot pain, and he 

presented limping and hunching, and reported pain with neck rotation and musculoskeletal 

tenderness, along with limited range of motion. [R. 579.] As of November 2018, Plaintiff reported 

pain at a seven out of ten after cleaning snow off his car but continued to decline steroid injections, 

physical therapy, or acupuncture. [R. 801-02.] 

During the 2019 hearing, Plaintiff testified that he had discontinued epidural injections, 

which had offered him short-term relief from back pain, after an incident in which he “moved” 

while an injection was in progress. [R. 52-53.] On “real bad days,” Plaintiff ingested Tramadol for 

his pain, and he took Demerol at other times. [R. 53.]

On May 14, 2018, Plaintiff reported a right great toe injury—he had broken the toe more 

than a decade earlier and then reinjured it. [R. 579.] On August 22, 2018, Plaintiff saw a podiatrist, 

Dr. Staskiewicz, who recommended a carbon fiber plate in a supportive shoe, permissive icing for 

ten to fifteen minutes each evening, and daily use of aspercreme or biofreeze. [R. 769.] On October 

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25, 2018, Dr. Staskiewicz recorded that Plaintiff’s pain remained stable, albeit slightly worse in 

cold weather, despite inconsistent icing, non-use of topical pain relievers, and inability (reportedly 

due to cost) to purchase a carbon fiber plate. [R. 793.] Dr. Staskiewicz reiterated her 

recommendation of consistent use of icing and topical pain relievers and recommended a stiffsoled shoe. [Id.] Plaintiff rejected a corticosteroid shot. [Id.] At the June 17, 2019 hearing, Plaintiff 

testified that, although he had not broken his toe when he reinjured it in 2018, it still hurt, had “real 

bad arthritis,” and bothered him on damp days. [R. 50.]

Plaintiff also has been diagnosed with depression and anxiety. [R. 403-04, 512, 555.] He 

presented to his treaters with reported anxiety and some depressive symptoms at a handful of 

appointments in 2017 and was prescribed and refilled medications related to those symptoms. [R. 

412, 407, 403, 405, 466, 525, 523, 550-52.] He saw Dr. Kestenberg approximately quarterly in 

2018. At the appointments in early 2018, Dr. Kestenberg observed slight to moderate psychomotor 

agitation but noted no psychomotor agitation and no new problems at the last two quarterly 

appointments. [R. 555-62.]

C. Social Security Regulations and Standard of Review

The Social Security Act requires all applicants to prove they are disabled as of their date 

last insured to be eligible for disability insurance benefits. Pursuant to the Social Security Act, a 

person is disabled if he is unable “to engage in any substantial gainful activity by reason of any 

medically determinable physical or mental impairment which can be expected to last for a 

continuous period of not less than twelve months.” 42 U.S.C. § 423(d)(1). ALJs are required to 

follow a sequential five-step test to assess whether a claimant is legally disabled. The ALJ must 

start by determining whether: (1) the claimant is currently engaged in substantial gainful activity; 

(2) the claimant has a severe impairment; and (3) the severe impairment meets or equals one 

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related activities. 20 C.F.R. §§ 404.1520, 416.920(a)(4)(i)-(v). If the impairment(s) does meet or 

equal this standard, the inquiry is over; the claimant is disabled. 20 C.F.R. § 416.920(a)(4). If not, 

the evaluation continues and the ALJ determines whether (4) the claimant is capable of performing 

his past relevant work. Cannon v. Harris, 651 F.2d 513, 517 (7th Cir. 1981). If he is not capable 

of performing his past relevant work, the ALJ must consider (5) the claimant’s age, education, and 

prior work experience and evaluate whether he is able to engage in another type of work existing 

in a significant number of jobs in the national economy. Id. At the fourth and fifth steps of the 

inquiry, the ALJ is required to evaluate the claimant’s residual functional capacity (“RFC”) in 

calculating which work-related activities he is capable of performing given his limitations. Young 

v. Barnhart, 362 F.3d 995, 1000 (7th Cir. 2004). In the final step, the burden shifts to the 

Commissioner to show there are significant jobs available that the claimant is able to perform. 

Smith v. Schweiker, 735 F.2d 267, 270 (7th Cir. 1984). 

On review, the Court does not “merely rubber stamp the ALJ’s decision,” but “[t]he 

findings of the Commissioner of Social Security as to any fact, if supported by substantial 

evidence, shall be conclusive.” 42 U.S.C. § 405(g). “[W]hatever the meaning of ‘substantial’ in 

other contexts, the threshold for such evidentiary sufficiency is not high.” Biestek v. Berryhill, 139 

S. Ct. 1148, 1154 (2019). “It means—and means only—‘such relevant evidence as a reasonable 

mind might accept as adequate to support a conclusion[,]’” id. (quoting Consol. Edison Co. of New 

York v. N.L.R.B., 305 U.S. 197, 229 (1938) (further citation omitted)); Gedatus v. Saul, 994 F.3d 

893, 900 (7th Cir. 2021)), and the Court must affirm even if “reasonable minds could differ” or 

the evidence would support another conclusion. Elder v. Astrue, 529 F.3d 408, 413 (7th Cir. 2018); 

Scheck v. Barnhart, 357 F.3d 697, 699 (7th Cir. 2004). 

Under this standard, the Court is not to try the case de novo or supplant the ALJ’s findings 

with the Court’s assessment of the evidence, whether as to credibility or conflicting record 

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evidence. Young, 362 F.3d at 1001; Schmidt v. Apfel, 201 F.3d 970, 972 (7th Cir. 2000). The ALJ 

need only “‘minimally articulate’” the “‘justification for rejecting or accepting specific evidence 

of a disability’” to satisfy the “lax” standard. Berger v. Astrue, 516 F.3d 539, 545 (7th Cir. 2008) 

(quoting Rice v. Barnhart, 384 F.3d 363, 371 (7th Cir. 2004)).

D. The ALJ’s Decision

The ALJ analyzed Plaintiff’s claims using the above five-step process. See 20 C.F.R. 

§ 404.1520(a)(4). At step one, the ALJ determined that Plaintiff had not engaged in substantial 

gainful activity since his alleged onset date of January 13, 2017. [R. 22.] At step two, the ALJ 

concluded that Plaintiff had the following severe impairments: cubital tunnel syndrome in the right 

arm; degenerative disc disease of the lumbar spine with sciatica on the left; and degenerative disc 

disease of the cervical spine. [R. 23-25.] He also considered evidence of Plaintiff’s other reported 

impairments, including his mental limitations, insomnia, history of tinnitus, history of marijuana 

use, spondylosis, right great toe pain, and complaints of pain in his left hand or wrist. [R. 23, 25-

26, 27, 30.] The ALJ concluded at step three that Plaintiff’s impairments, considered alone or 

together, do not meet or medically equal any listed impairments of 20 C.F.R. Part 404, Subpart P, 

App’x 1. [R. 25-26.] 

Before step four, the ALJ determined that Plaintiff retained the residual functional capacity 

(“RFC”) to perform light work with the following additional limitations: frequent stooping, only 

occasional handling and fingering with the right hand, and avoiding concentrated exposure to 

extreme cold, wetness, or humidity. [R. 26-32.] In reaching that conclusion, he found the opinion 

rendered by Dr. Hobard and Ms. Botica to be of little to no persuasive value chiefly because their 

conclusions were inconsistent with both their assessment of Plaintiff’s lack of effort in the onetime evaluation and the underlying treatment records. [R. 32.] The ALJ found the opinion of Dr. 

Madala that Plaintiff could perform medium work, which was adopted by the State Agency 

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medical consultant Dr. Gotanco, to be of some persuasive value, given their expertise in the 

evaluation of disability claims and their use of examination findings of record in support of their 

opinions. [R. 32.] The ALJ also considered Plaintiff’s testimony, his mother’s report of his 

functionality, which the ALJ judged as not persuasive, and Plaintiff’s recent medical records. [R. 

32.] The ALJ’s weighing of the foregoing, he explained, led to his “find[ing] that” the “entire 

record . . . supports and is consistent with limiting the claimant to a range of light work with 

additional postural, manipulative, and environmental limitations.”3 [R. 32.] 

At step four, the ALJ determined that Plaintiff was not capable of performing his past work, 

but, at step five, the ALJ determined that other jobs existed in significant numbers in the national 

economy Plaintiff could perform considering his RFC, age, education, and work experience. [R. 

33-34.] The ALJ therefore concluded Plaintiff was not disabled under the Social Security Act. [R. 

34.] 

II. ANALYSIS

Plaintiff argues that the ALJ erred in the following ways: (1) failing to include any 

accommodations for mental limitations in the RFC despite finding that Plaintiff had mild mental 

limitations in several areas; (2) insufficiently developing the record by failing to obtain an updated 

assessment of Plaintiff’s physical functioning; and (3) inadequately addressing Plaintiff’s 

subjective description of his symptoms. As discussed below, the Court rejects these arguments and 

finds that the ALJ adequately supported his decisions.

3 Plaintiff also had reported some symptoms in his left wrist, but the ALJ noted that those 

symptoms were not inconsistent with light work. 

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A. The ALJ Did Not Err in Formulating the RFC as to Plaintiff’s Non-Severe 

Mental Limitations

Plaintiff first contends that the ALJ did not properly account for mild mental limitations 

stemming from depression and anxiety because the ALJ did not include additional restrictions to 

accommodate Plaintiff’s mental impairments in the RFC. [Dkt. 18, at 3-7.] 

In considering Plaintiff’s asserted mental impairments, the ALJ weighed the record 

evidence of Plaintiff’s functioning in each of the four so-called “Paragraph B” criteria relevant to 

such considerations, see 20 C.F.R. § 416.920a; Social Security Ruling (“SSR”) 96-8p, and 

determined that Plaintiff had no limitation in understanding, remembering, or applying information 

and only mild limitations in the areas of: interacting with others; concentrating, persisting, or 

maintaining pace; and adapting or managing himself. [R. 23-24.] The ALJ emphasized that Dr. 

Rozenfeld had assessed Plaintiff with those mild limitations stemming from his conditions, that

State Agency medical consultant Dr. Fritz adopted her opinion, and that Dr. Roberta Stahnke, the 

consultative psychological examiner, opined that Plaintiff’s psychological symptoms were not 

severe enough to interfere with the ability to do work-related activities. [R. 23, 24; see also R. 105-

17; 119-33, 507-12.] The ALJ acknowledged Plaintiff’s diagnoses of depression and anxiety and 

his reports of anxiety attacks in stressful situations. [R. 24.] The ALJ, though, credited the 

professional assessments, bolstered by his analysis of Plaintiff’s activities, which included driving, 

preparing his own meals, managing his own finances, learning and utilizing social media and a 

ham radio, regular church attendance, frequent telephone conversations, and performing his own 

self-care. [R. 23-25.] The ALJ emphasized that these activities variously demonstrated abilities to 

focus, apply spatial reasoning, follow rules, make decisions, maintain awareness of surroundings, 

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interact with others, concentrate, persist in tasks, and keep pace.4 [R. 23-25.] The ALJ concluded 

that Plaintiff’s “medically determinable impairments of depression and anxiety, considered singly 

and in combination, do not cause more than a minimal limitation in [his] ability to perform basic 

mental work activities and are therefore non[-]severe.” [R. 23; see R. 25.] The ALJ formulated an 

RFC that did not include non-exertional limitations to accommodate Plaintiff’s mild mental 

limitations. [R. 26.] 

Because the RFC contains no non-exertional limitations to accommodate Plaintiffs’ mild

limitations in three Paragraph B areas, Plaintiff labels the ALJ’s RFC “inconsistent with the ALJ’s

own findings[.]” [Dkt. 18, at 4.] While Plaintiff is correct that an ALJ must, in crafting the RFC, 

“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), the existence of mild mental limitations does not always necessitate the inclusion of 

non-exertional accommodations in the RFC. See, e.g., Applewhite v. Colvin, 54 F. Supp. 3d 945, 

954 (N.D. Ill. 2014) (“The ALJ clearly considered her mental impairment in his RFC analysis, but 

she concluded that the mild limitations that resulted were not significant enough to warrant the 

imposition of any additional non-exertional RFC limitations.”). An ALJ properly may conclude 

on a given record that no non-exertional limitations in the RFC are required, if he “‘build[s] an 

accurate and logical bridge’ between the evidence and his conclusion.” Kathleen C. v. Saul, No. 

19 C 1564, 2020 WL 2219047, at *3 (N.D. Ill. May 7, 2020) (quoting Steele v. Barnhart, 290 F.3d 

936, 941 (7th Cir. 2002)).

4

 The ALJ did not, though, improperly purport to equate Plaintiff’s activities with an ability to 

engage in full-time work; the ALJ instead considered evidence of Plaintiff’s functional abilities in 

rating his degree of limitation as to the Paragraph B criteria.

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Here, the ALJ indicated that the RFC he fashioned “reflects the degree of limitation [he] [] 

found in the “paragraph B” mental function analysis and that he had “considered the combined 

effects of the severe and not severe impairments in assessing” the RFC. [R. 25.] Within his RFC 

analysis, he also addressed Plaintiff’s physical impairments in detail and repeated his conclusion 

that Plaintiff does not have a severe impairment stemming from mild mental limitations in three 

of the four Paragraph B areas. [R. 25, 26-32.] The ALJ, though, did not reiterate much of the 

Paragraph B evidence, including his evaluation of Plaintiff’s activities, or another evidentiary 

piece he had mentioned four times within his Paragraph B analysis—that Dr. Stahnke had opined 

that Plaintiff’s symptoms were “not severe enough to interfere with his ability to do work-related 

activities.” [R. 24, 25.] 

It would have better served the parties and the Court had the ALJ more clearly spelled out

the reasoning spanning between his analysis of that Paragraph B evidence and his choice not to 

include within the RFC any non-exertional accommodation(s) for Plaintiff’s mild mental 

limitations. That said, under the narrow circumstances of this case, the Court has no difficulty 

following the ALJ’s logical bridge from the Paragraph B evidence—including the opinions and 

evaluations of Drs. Rozenfeld and Fritz, Plaintiff’s activities, and Dr. Stahnke’s pointed opinion 

that Plaintiff’s psychological symptoms would not affect his ability to do work-related activities—

to the RFC that contains no non-exertional limitations to accommodate Plaintiff’s mild Paragraph 

B limitations. See Kathleen C., 2020 WL 2219047, at *3-4 (noting that ALJ had not ignored but 

had twice noted the plaintiff had been diagnosed with depressive disorder and agreeing with the 

Commissioner that “‘a diagnosis does not establish a functional limitation’”); James G. v. Saul, 

No. 18 C 4794, 2019 WL 4305518, at *6-7 (N.D. Ill. Sept. 11, 2019) (“find[ing] no error in the 

ALJ’s consideration of this [Paragraph B] evidence or his reasoning” where “Plaintiff points to no 

evidence that he had any work related mental limitation other than his own endorsements of 

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irritability, impaired sleep patterns, and feeling down”); see also Brookins v. Saul, No. 17 C 6708, 

2020 WL 4365909, at *7 (N.D. Ill. July 30, 2020) (“The Court is especially reluctant to nitpick the 

record where, as here, no doctor recommended a non-exertional limitation.”). That the ALJ 

“weighed the evidence in a different way than [P]laintiff would have liked” is not grounds for 

reversal. Bertha M. v. Saul, 395 F. Supp. 3d 963, 972 (N.D. Ill. 2019). 

Plaintiff has not established reversible error in the ALJ’s mental RFC determination. The 

Court will not overturn the ALJ’s decision on this basis.

B. The ALJ Did Not Err In Not Supplementing the Record by Ordering a 

Reassessment of Plaintiff’s Physical Functioning

Plaintiff deems the ALJ’s conclusion that he should be limited to light work to be “based 

upon outdated opinions of non-examining physicians who did not review the complete medical 

file” and the ALJ’s “own lay interpretation of the remaining medical data.” [Dkt. 18, at 7.] In 

support of this argument, Plaintiff details medical records he submitted after the opinions of the 

state agency physicians, most of which the ALJ specifically mentioned,5 and observes that the 

records reference diagnostic imagery, clinical findings, and a surgery. 

As the Commissioner points out, state-agency evaluators’ assessments by necessity predate 

any later medical evidence admitted into the proceedings. The mere fact that additional postassessment medical records are added, though, does not, standing alone, suggest any deficiency 

with such earlier-rendered state-agency evaluator assessments.6 

5 The ALJ was not, of course, required to engage with each bit of evidence. Benito M. v. Kijakazi, 

No. 20 C 5966 , 2022 WL 2828741, at *8 (N.D. Ill. July 20, 2022) (“An ALJ may not ignore an 

entire line of evidence contrary to her ruling” but “‘need not discuss every detail in the record as 

it relates to every factor.’”) (quoting Grotts v. Kijakazi, 27 F.4th 1273, 1278 (7th Cir. 2022)). 

6 Plaintiff frames this argument as a challenge to the formulation of the RFC. To the extent that it 

might be read as a challenge to the equivalency, as noted above, it is Plaintiff’s burden to establish 

that his impairments were medically equivalent to a listing. Young, 957 F.2d at 389. He points to 

no opinion of equivalency from any source. The ALJ was not obliged to supplement the record 

absent a belief that the evidence would “reasonably support a finding that the individual’s 

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The ALJ, moreover, was entitled to infer, in the absence of any presentation of medical 

equivalency evidence or request for a reassessment, that Plaintiff did not believe that such evidence 

would aid his case. See Buckhanon ex rel. J.H. v. Astrue, 368 F. App’x 674, 679 (7th Cir. 2010) 

(“[A]lthough ALJs bear some responsibility for developing the administrative record, . . ., they are 

also free to assume that a claimant represented by counsel has presented her strongest case for 

benefits[.]”); Alejandrina A. v. Kijakazi, No. 20 C 4089, 2023 WL 2539239, at *8 (N.D. Ill. Mar. 

16, 2023) (rejecting claimant’s argument that, although she did not provide an expert opinion of 

medical equivalence, “the ALJ had a duty to ‘recontact her treating providers or call upon an 

expert, to seek clarification on the issue of listing equivalence’” because claimant “was represented 

by an attorney,” knew “of the state agency consultants’ findings that her impairments did not 

medically equal [the relevant listing],” and, among other things, had not “ask[ed] the ALJ to 

recontact the state agency consultants, despite continuing to add other evidence to the record”).

Plaintiff, through counsel, knew as of January 2018 that Dr. Hobard and Ms. Botica had qualified 

their assessment due to Plaintiff’s unwillingness to perform parts of their test and that Dr. Gotanco 

had reaffirmed the opinion of Dr. Madala evaluating Plaintiff as capable of performing medium 

work, yet Plaintiff did not inform the ALJ of any belief that the opinions of Plaintiff’s functioning 

had been rendered outdated by other record evidence. 

Plaintiff makes much of the fact that the ALJ nevertheless accepted his additional evidence 

so far as to limit Plaintiff’s RFC to light instead of medium work. In Plaintiff’s view, this must 

mean that the ALJ made medical judgments outside his field, given that some of the additional 

records referred to diagnostic imagery, clinical findings, and at least one medical procedure. But 

the ALJ here did not attempt to discern from complex medical diagnostic imagery an onset period 

impairment(s) medically equal[ed] a listed impairment.” SSR 17-2P, 2017 WL 3928306, at *4 

(Mar. 27, 2017); see also SSR 96-6P, 1996 WL 374180, at *3-4 (July 2, 1996).

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of Plaintiff’s condition or to reconcile conflicting diagnostics, which distinguishes this case from

McHenry v. Berryhill, 911 F.3d 866, 871 (7th Cir. 2018). Instead, despite concluding that Plaintiff 

had not shown medical equivalence, the ALJ was persuaded by Plaintiff’s additional evidence that 

his impairments warranted additional accommodations within the RFC. This was within his 

purview. See Karla J.B. v. Saul, No. 19 C 50019, 2020 WL 3050220, at *8 (N.D. Ill. June 8, 2020) 

(“That the ALJ limited Plaintiff’s RFC to a lesser degree than these medical experts believed 

necessary also indicates that she considered and credited Plaintiff’s testimony that she continues 

to have tremor related symptoms and that they have not fully resolved.”); Poole v. Colvin, No. 12 

C 10159, 2016 WL 1181817, at *8 (N.D. Ill. Mar. 28, 2016) (rejecting claimant’s argument that 

ALJ’s finding of residual functional capacity more limited than physician’s recommendation 

amounted to “ALJ ‘substitut[ing] his own lay judgment for that of a medical expert’” and holding 

that “ALJ was permitted to” determine, “despite the conclusions of medical experts finding 

Plaintiff capable of more strenuous work,” that “Plaintiff’s statements as to the effects of his 

symptoms [were] partially credible, and on that basis [] that Plaintiff’s impairments limited his 

RFC to an extent greater than that specified by the medical experts but lesser than that claimed by 

Plaintiff himself”); see also 20 C.F.R. § 404.1529(c) (providing that ALJs consider medical 

opinions and “objective medical evidence” in “determining the extent to which [a claimant’s] 

symptoms limit [the claimant’s] capacity for work”). 

The Court can trace the ALJ’s reasoning through discounting the opinions of Dr. Hobard 

and Ms. Botica, finding the opinion of Dr. Madala (reaffirmed by Dr. Gotanco) to be somewhat 

persuasive, to then formulating the RFC to accommodate Plaintiff’s impairments, in a way 

warranted by the additional medical evidence. Whether the Court might have weighed that 

additional evidence differently is of no matter, as the Court may not accept Plaintiff’s invitation to

substitute its judgment for the ALJ’s. Plaintiff has not established the ALJ erred in failing to request

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a reassessment of Plaintiff’s physical functioning or in formulating the RFC without such a 

reassessment.

C. The ALJ Adequately Assessed Plaintiff’s Subjective Statements

Finally, Plaintiff faults the ALJ’s assessment of Plaintiff’s subjective assertions about his 

symptoms. The regulations set forth a two-step process for evaluating a claimant’s statements 

about his impairments. See 20 C.F.R. § 416.929. An ALJ first determines whether a medically 

determinable impairment “could reasonably be expected to produce the pain or other symptoms 

alleged.” 20 C.F.R. § 416.929(a). If so, the ALJ then “evaluate[s] the intensity and persistence” of 

the claimant’s symptoms and determines how they limit the claimant’s “capacity for work.” 20 

C.F.R. § 416.929(c). In applying the second step, the ALJ assesses whether medical evidence 

substantiates the claimant’s symptoms. See SSR l6-3p, 2017 WL 5180304, at *4 (Oct. 25, 2017). 

If medical evidence does not confirm the intensity and persistence of the claimed symptoms, the 

ALJ considers a list of non-exhaustive factors. See id. An ALJ’s assessment of a claimant’s 

subjective statements of symptoms need not be flawless and is entitled to deference unless it is 

“patently wrong,” which is a “high burden.” Curvin v. Colvin, 778 F.3d 645, 651 (7th Cir. 2015); 

Turner v. Astrue, 390 F. App’x 581, 587 (7th Cir. 2010). Only when an ALJ’s assessment lacks 

any explanation or support will a court declare it to be “patently wrong.” Elder, 529 F.3d at 413-

14 (citation and internal quotation marks omitted).

Plaintiff argues that the ALJ did not “articulate support for th[e] conclusion” that the 

objective medical evidence did not support the limitations Plaintiff alleged. [Dkt. 18, at 14.] The 

Court disagrees. 

The ALJ explained his consistency determinations, noting the conservative treatment 

recommendations for most of Plaintiff’s conditions at most appointments and the contrast between 

Plaintiff’s complaints and the generally non-aggressive treatments he opted to pursue (as well as 

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Plaintiff’s neglect in performing some recommended treatments. [See R. 31 (“I have considered 

the above complaints, including the claimant’s conservative treatment for pain and opinion 

evidence, and I have limited the claimant to a range of light work[.]”).]

Through his lengthy detailing of Plaintiff’s medical history, in fact, the ALJ highlighted

multiple instances of Plaintiff being prescribed conservative treatments for his toe, wrist, and neck 

and back pain, and reporting that some treatments, such as medications or injections, had been 

effective at managing his pain; the ALJ stressed that Plaintiff declined to pursue other painmanagement mechanisms, such as steroid injections, icing, or topical pain medications. [See R. 

27-31, 442, 641, 650, 751, 769, 793.] Even in late 2018, Plaintiff declined steroid injections, 

physical therapy, or acupuncture for his neck and lower back pain. [R. 31, 801-02.] The ALJ was 

entitled to draw inferences from evidence of conservative treatments and inconsistencies between 

Plaintiff’s description of his symptoms and the overall record and treatment. See, e.g., SSR 16-

3PP, 2017 WL 5180304, at *9 (S.S.A. Oct. 25, 2017) (“[I]f the frequency or extent of the treatment 

sought by an individual is not comparable with the degree of the individual’s subjective 

complaints, or if the individual fails to follow prescribed treatment that might improve symptoms, 

we may find the alleged intensity and persistence of an individual’s symptoms are inconsistent 

with the overall evidence of record.”); Britt v. Berryhill, 889 F.3d 422, 426 (7th Cir. 2018) 

(“Discrepancies between the objective evidence and self-reports may suggest symptom 

exaggeration.”).

Further, as the Commissioner notes [Dkt. 24, at 12], it is clear the ALJ partially credited 

Plaintiff’s subjective description of his symptoms. While the ALJ did not limit Plaintiff’s RFC as 

much as Plaintiff would have liked, Plaintiff’s testimony and records convinced the ALJ to limit 

Plaintiff to light work instead of the medium work Dr. Badala opined Plaintiff could perform. See 

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Poole, 2016 WL 1181817, at *8 (noting that “[i]t was because of and not in spite of [Plaintiff’s] 

testimony that the ALJ limited her to a more restrictive residual functional capacity”). 

The ALJ was entitled to determine that Plaintiff’s subjective statements about his 

symptoms conflicted with the medical record. See Cheryl P. v. Kijakazi, No. 20 C 2665, 2022 WL 

16780930, at *6 (N.D. Ill. Nov. 8, 2022) (finding ALJ’s conclusion regarding subjective statements 

was not patently wrong where ALJ had found that the subjective symptom statements were “at 

odds with” some medical evidence, and medical evidence was “inconsistent with” or “conflicted” 

with her subjective statements). Viewing the record as a whole, the ALJ had the opportunity to 

observe Plaintiff testifying and provided valid reasons for partially discounting Plaintiff’s 

subjective statements as to his symptoms and fairly determined Plaintiff had a residual functional 

capacity for light work with additional limitations. While Plaintiff ably points out several instances 

where there was evidence that could have supported an alternative finding, none of it rises to the 

level of a patently wrong determination by the ALJ. Accordingly, the Court will not reverse the 

ALJ’s decision based upon the ALJ’s analysis of Plaintiff’s subjective symptoms.

III. CONCLUSION

For the reasons detailed above, the Court finds the ALJ’s decision to be supported by 

substantial evidence. Defendant’s motion for summary judgment [24] is GRANTED; Plaintiff’s 

motion for summary judgment [18] is DENIED. The final decision of the Commissioner denying 

benefits is affirmed.

ENTERED: September 28, 2023 ___________________________________

Hon. Keri L. Holleb Hotaling,

United States Magistrate Judge 

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