Eagleston v. Bisignano

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
CHAMBERS OF
DOUGLAS R. MILLER
UNITED STATES MAGISTRATE JUDGE
101 WEST LOMBARD STREET
BALTIMORE, MARYLAND 21201
(410) 962-7770
MDD_DRMChambers@mdd.uscourts.gov
February 6, 2026
LETTER TO ALL COUNSEL OF RECORD
Re: Lauren E. v. Frank Bisignano, Commissioner, Social Security Administration1
Civil No. 8:24-cv-03065-DRM
Dear Counsel:
On October 22, 2024, Plaintiff Lauren E. (“Plaintiff”) petitioned this Court to review the
Social Security Administration’s (“SSA’s” or “Commissioner’s” or “Defendant’s”) final decision
to deny Plaintiff’s claim for Social Security benefits. ECF No. 1. This case was then referred to
Magistrate Judge Charles Austin with the parties’ consent before being transferred to the
undersigned. See 28 U.S.C. § 636; Loc. R. 301 (D. Md. 2025). I have considered the record in
this case (ECF No. 8) and the parties’ briefs (ECF Nos. 12, 14 and 15). I find that no hearing is
necessary. See Loc. R. 105.6 (D. Md. 2025). The Court must uphold the decision of the SSA if it
is supported by substantial evidence and if the SSA employed proper legal standards. See 42
U.S.C. §§ 405(g), 1383(c)(3); Craig v. Chater, 76 F.3d 585, 589 (4th Cir. 1996). Under that
standard, I will REVERSE the Commissioner’s decision, and REMAND the case to the
Commissioner for further consideration. This letter explains why.
I. 	PROCEDURAL BACKGROUND
Plaintiff filed a Title XVI application for Supplemental Security Income (“SSI”) benefits
on April 10, 2021, alleging a disability onset of November 25, 2020. Tr. 17, 19. Plaintiff’s claims
were denied initially and on reconsideration. Tr. 60, 82-89. On April 9, 2024, an Administrative
Law Judge (“ALJ”) held a hearing. Tr. 14-31. Following the hearing, on May 23, 2024, the ALJ
determined that Plaintiff was not disabled within the meaning of the Social Security Act2 during
the relevant time frame. Tr. 14-31. The Appeals Council denied Plaintiff’s request for review, Tr.
1 Plaintiff filed this case against Martin O’Malley, the Commissioner of Social Security on October
22, 2024. ECF No. 1. Frank Bisignano became the Commissioner of Social Security on May 7,
2025. Accordingly, Commissioner Bisignano has been substituted as this case’s Defendant
pursuant to Federal Rule of Civil Procedure 25(d). See Fed. R. Civ. P. 25(d).
2 42 U.S.C. §§ 301 et seq.
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1-6, so the ALJ’s decision constitutes the final, reviewable decision of the SSA, Sims v. Apfel, 530
U.S. 103, 106–07 (2000); see also 20 C.F.R. § 422.210(a).
II. 	THE ALJ’S DECISION
Under the Social Security Act, disability is defined as the “inability to engage in any
substantial gainful activity by reason of any medically determinable physical or mental impairment
which can be expected to result in death or which has lasted or can be expected to last for a
continuous period of not less than 12 months[.]” 42 U.S.C. § 423(d)(1)(A); 20 C.F.R.
§§ 404.1505(a), 416.905(a). The ALJ is required to evaluate a claimant’s disability determination
using a five-step sequential evaluation process. See 20 C.F.R. §§ 404.1520, 416.920. “Under this
process, an ALJ evaluates, in sequence, whether the claimant: ‘(1) worked during the alleged
period of disability; (2) had a severe impairment; (3) had an impairment that met or equaled the
requirements of a listed impairment; (4) could return to [their] past relevant work; and (5) if not,
could perform any other work in the national economy.’” Kiser v. Saul, 821 F. App’x 211, 212
(4th Cir. 2020) (citation omitted) (quoting Hancock v. Astrue, 667 F.3d 470, 472 (4th Cir. 2012)).
Here, at step one, the ALJ determined that Plaintiff “has not engaged in substantial gainful
activity since April 10, 2021, the application date[.]” Tr. 19. At step two, the ALJ found that
Plaintiff suffered from the severe impairments of “obesity, cervicomedullary syndrome,
neuropathy, headaches/migraines, POTS/dysautonomia, Atlanto-Axial instability (‘AAI’),
ADHD, major depressive disorder, borderline personality disorder, anxiety disorder, adjustment
disorder, and autism spectrum disorder.” Tr. 19. The ALJ also determined that Plaintiff suffered
from the non-severe impairments of “‘benign’ scalp nervus.” Tr. 19. At step three, the ALJ
determined that Plaintiff “does not have an impairment or combination of impairments that meets
or medically equals the severity of one of the listed impairments in 20 CFR Part 404, Subpart P,
Appendix 1[.]” Tr. 20. Despite these impairments, the ALJ determined that Plaintiff retained the
residual functional capacity (“RFC”) to:
perform light work as defined in 20 CFR 416.967(b) except the claimant can
occasionally climb ramps and stairs. She can never climb ladders, ropes, or
scaffolds. She can occasionally balance, stoop, kneel, crouch, and crawl. She can
never be exposed to hazards. She can be exposed to lights no brighter than a typical
office setting level, with no flashing or strobe lights. She can tolerate noise no
louder than a typical office setting level (moderate noise). She can frequently
finger, handle, and reach with the bilateral upper extremities. She can understand,
remember, and carry out simple instructions, not at a production pace. She can
perform simple work-related decisions. She can tolerate few changes in a routine
work setting. She can frequently interact with supervisors and co-workers. She can
perform occasional tandem work. She can have occasional interaction with the
public.
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Tr. 21. The ALJ determined that Plaintiff had no past relevant work, but, based in part on the
testimony of a vocational expert, could perform the duties of a Non-Postal Mail Clerk (DOT3
# 209.687-026), Office Helper (DOT # 239.567-010), and Sorter (DOT # 222.687-014), which
were other jobs that existed in significant numbers in the national economy. Tr. 26. Therefore,
the ALJ concluded that Plaintiff was not disabled. Tr. 27.
III. LEGAL STANDARD
The scope of the Court’s review is limited to determining whether substantial evidence
supports the ALJ’s factual findings and whether the decision was reached through the application
of the correct legal standards. See Coffman v. Bowen, 829 F.2d 514, 517 (4th Cir. 1987). “The
findings of the [ALJ] . . . as to any fact, if supported by substantial evidence, shall be conclusive .
. . .” 42 U.S.C. § 405(g). Substantial evidence is “evidence which a reasoning mind would accept
as sufficient to support a particular conclusion.” Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir.
1966). It is “more than a mere scintilla of evidence but may be somewhat less than a
preponderance.” Id. In conducting the “substantial evidence” inquiry, my review is limited to
whether the ALJ analyzed the relevant evidence and sufficiently explained their findings and
rationale in crediting the evidence. See, e.g., Sterling Smokeless Coal Co. v. Akers, 131 F.3d 438,
439–40 (4th Cir. 1997); DeLoatche v. Heckler, 715 F.2d 148, 150 (4th Cir. 1983) (“Judicial review
of an administrative decision is impossible without an adequate explanation of that decision by the
[ALJ].”).
IV. ANALYSIS
Plaintiff raises two arguments on appeal. First, that Plaintiff’s residual functional capacity
was improperly determined by the ALJ through misapplication of the correct legal standards and
is unsupported by substantial evidence. ECF No. 12 at 7. Second, that the ALJ erred by setting
forth an inadequate phrase in a hypothetical to the vocational expert (“VE”), which further
“infected” the ALJ’s RFC and step-five determinations, rendering the decision unsupported by
substantial evidence. ECF No. 12 at 14. Defendant counters that the phrase used by the ALJ is
sufficiently clear to permit judicial review, that the ALJ set forth an adequate hypothetical to the
vocational expert which did not infect the ALJ’s RFC, and that case law cited by Plaintiff is
distinguishable from the facts in this matter. ECF No. 14 at 6-17.
The Court finds merit in Plaintiff’s second argument, specifically that the ALJ put forth an
inadequate hypothetical to the vocational expert that infected the ALJ’s RFC analysis. ECF No.
12 at 14. As a preliminary matter, while an ALJ has great latitude in posing hypothetical questions,
3 The “DOT” is the Dictionary of Occupational Titles. “The Dictionary of Occupational Titles,
and its companion, Selected Characteristics of Occupations Defined in the Revised Dictionary of
Occupational Titles [“SCO”]. . . , are [SSA] resources that list occupations existing in the economy
and explain some of the physical and mental requirements of those occupations. U.S. Dep’t of
Labor, Dictionary of Occupational Titles (4th ed. 1991); U.S. Dep’t of Labor, Selected
Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles (1993).”
Pearson v. Colvin, 810 F.3d 204, 205 n.1 (4th Cir. 2015).
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a vocational expert’s opinion is only relevant when it is formulated in response to a proper
hypothetical question. See, e.g., Russell v. Barnhart, 58 F. App’x 25, 30 (4th Cir. 2003); Walker
v. Bowen, 889 F.2d 47, 50-51 (4th Cir. 1989).
The hypothetical at issue here provided in relevant part as follows:
[P]lease assume an individual who is able to perform light work, occasional[ly]
climb ramps and stairs, never climb ladders, ropes, or scaffolds, occasionally
balance, stoop, kneel, crouch, or crawl. Please assume the individual cannot tolerate
exposure to hazards, such as moving machinery or unprotected heights. Is able to
tolerate occasional exposure to extreme heat, extreme cold, humidity, wetness,
fumes, odors, dust, gases, or ventilation, vibrations. Please assume an individual is
able to finger, handle, and reach frequently and understand, remember, and carry
out simple instructions. Cannot work at a production pace as defined in the SCO.
Is able to make simple, work-related decisions, tolerate few changes in a routine
work setting. Please assume the individual is able to frequently interact with
supervisors and coworkers but can only occasional[y] work in tandem, meaning
directly with others or in team work. Not referring to proximity to others. And that
the individual can occasional[y] interact with the public. The individual is able to
tolerate exposure lights no brighter than a typical office setting level and noise no
louder than a typical office setting level, meaning moderate noise.
Tr. 53 (emphasis added). The RFC, quoted supra, used similar but not identical language,
including, “[s]he can understand, remember, and carry out simple instructions, not at a production
pace.” Tr. 21.
Phrases similar to “production pace” in RFCs and VE hypotheticals, where not further
explained, have frequently resulted in remand because they preclude meaningful judicial review
or result in a VE opinion based on undefined terms. In Thomas v. Berryhill, 916 F.3d 307 (4th
Cir. 2019), the Fourth Circuit found that an ALJ’s RFC limitation excluding work that “require[d]
a production rate or demand pace” prevented meaningful judicial review because the ALJ failed
to explain what those phrases meant. With “production rate” and “demand pace” left undefined,
the court concluded that it was “difficult, if not impossible” to determine whether the RFC finding
was supported by substantial evidence. Without deciding whether the RFC itself was substantively
correct, the court remanded for “a clearer window into” the ALJ’s reasoning. Thomas, 916 F.3d at
312 n.5. The panel emphasized that, on remand, the ALJ must clarify for how long and under what
conditions the claimant could sustain focus and remain on task. Id.
Similarly, in Perry v. Berryhill, 765 F. App’x 869, 872 (4th Cir. 2019), the court remanded
where “the ALJ offered no explanation of her own for what she meant when she used the phrase
‘non-production oriented work setting’ in assessing Perry’s residual functional capacity” because
it left the court “uncertain as to what the ALJ intended,” and unable to “meaningfully assess
whether there is a ‘logical bridge’ between the evidence in the record and the ALJ’s conclusion.”
Id. at 872 (citations omitted). See, e.g., Keith B. v. Saul, No. 19-803-GLS, 2020 WL 3439261, at
*3-4 (D. Md. June 23, 2020) (remanding case where ALJ made use of term “no production pace
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work” in hypothetical to VE and in RFC); Nora P. v. Comm’r Soc. Sec., No. SAG-18-1604, 2019
U.S. Dist. LEXIS 68383, at *4-5 (D. Md. Apr. 23, 2019) (remand warranted where RFC failed to
define phrase “no fast pace or strict production requirements.”)
By contrast, the Fourth Circuit in Perry distinguished its prior holding in Sizemore v.
Berryhill, 878 F.3d 72, 80-81 (4th Cir. 2017), which held that an “ALJ had adequately explained
a residual functional capacity assessment that restricted the claimant, in part, to ‘non-production
jobs.’” The Perry court explained that
in contrast to this case and to Thomas, the ALJ in Sizemore provided additional
context, explaining that the claimant could perform work only in a “low stress”
setting, without any “fast-paced work” or “public contact,” to account for moderate
limitations in concentration, persistence and pace. . . . Those descriptors helped to
explain the restriction intended by the ALJ, and allowed us to evaluate whether that
restriction adequately accounted for the claimant’s limitations.
Perry, 765 F. App’x at 872, n1. Accord, Ricky F. v. O’Malley, No. 1:23CV720, 2024 WL 4333136,
*5 (M.D.N.C. Sept. 27, 2024).
Defendant argues that the VE hypothetical here is more akin to that in Sizemore and Ricky
F., and therefore “offers sufficient context to remove any ambiguity related to the limit for fast-
paced production.” ECF No. 14 at 10. Judge Boardman rejected a similar argument in Steven S.
v. Comm’r., Soc. Sec. Admin., No. DLB-19-1055, 2020 WL 1929628 (D. Md. April 21, 2020):
Here, the RFC did not contain the “descriptors” present in Sizemore. Rather, the RFC
limitation to “simple and routine tasks in a setting with only occasional and
superficial changes and no production pace work,” Tr. 15, is directly analogous to
the RFC limitation in Thomas where the claimant was limited to the ability to “follow
short, simple instructions and perform routine tasks, but no work requiring a
production rate or demand pace.”
Id. at *2 (quoting Thomas, 916 F.3d at 310.)
Similarly, the Court finds here that the limitations described in the RFC and the VE
hypothetical are more akin to those in Thomas than those in Sizemore. As a result, “this Court
cannot determine whether the ALJ’s findings were supported by substantial evidence without an
explanation of the terms “production pace work.” Stephen S., 2020 WL 1929628 at *3 (citing
Thomas, 916 F.3d at 312.)
Moreoever, “[t]he Court cannot decisively say that, had the ALJ defined or explained the
term ‘production pace work,’ the VE would have identified the same, or any, positions that the
hypothetical person could perform.” Stephen S., 2020 WL 1929628 at *3. See Patterson v.
Comm’r, Soc. Sec. Admin., 846 F.3d 656, 658 (4th Cir. 2017) (“Where an insufficient record
precludes a determination that substantial evidence supported the ALJ’s denial of benefits, this
court may not affirm for harmless error.”)) See also Taishika C. v. Saul, No. DLB-19-1994, 2020
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WL 2994487, at *4 (D. Md. June 4, 2020) (unable to find harmless error where ALJ did not define
or explain terms “fast pace or strict production requirements” in hypothetical and RFC.)
The Court will therefore remand this case to allow the ALJ to clarify the RFC assessment
and the hypothetical to the vocational expert, in order to establish that the vocational expert’s
testimony constitutes substantial evidence supporting the ALJ’s conclusion on step five. See Nora
P., 2019 U.S. Dist. LEXIS 68383, at *5. Because the case is being remanded on the grounds
described above, I need not address Plaintiff’s other arguments. On remand, the ALJ is welcome
to consider these arguments and make any required adjustments to the opinion. Additionally, in
remanding for further explanation, the Court expresses no opinion as to whether the ALJ’s
conclusion that Plaintiff is not entitled to benefits is correct.
V. 	CONCLUSION
For the reasons set forth herein, and pursuant to sentence four of 42 U.S.C. § 405(g), the
SSA’s judgment is REVERSED due to inadequate analysis. The case is REMANDED for further
proceedings in accordance with this opinion. The clerk is directed to CLOSE this case.
Despite the informal nature of this letter, it should be flagged as a Memorandum Opinion.
A separate implementing Order follows.
Sincerely,
/s/
Douglas R. Miller
United States Magistrate Judge
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