Kimberly S. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Central District of Illinois affirmed the administrative law judge’s decision denying Kimberly S. supplemental security income benefits. The court held that the ALJ’s five-percent off-task limitation did not require support from a specific medical opinion and that any error in evaluating a nurse practitioner’s statements about agoraphobia was harmless. The court concluded that the ALJ’s decision was supported by substantial evidence and entered judgment for the Commissioner.

Holdings

1. The ALJ was not required to rely on a doctor's opinion to assign the five-percent off-task limitation because determining the claimant's RFC and the limitations properly included in it is the ALJ's responsibility. In any event, the plaintiff failed to demonstrate prejudice from the limitation.
2. The ALJ erred by failing expressly to address Paul's principal conclusion that Kimberly's agoraphobia caused significant distress when leaving home, but the error was harmless and did not warrant remand.

Questions Presented

1. Whether the ALJ erred by including a five-percent off-task limitation in the RFC without grounding that specific limitation in a medical opinion.
2. Whether the ALJ erred in evaluating APRN Kristen Paul's opinion concerning Kimberly's agoraphobia and difficulty leaving home, and whether any error required remand.

Disposition

affirmed