3:25-cv-00244•Lockhart v. Commissioner, Social Security Administration
Lockhart v. Commissioner, Social Security Administration
3:25-cv-00244Txnd26.01.2026
Gesamter Gesetzestext
1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION NICOLE DENEECE LOCKHART, § § VS. § CIVIL ACTION NO. 3:25-CV-244-E § COMMISSIONER, SOCIAL § SECURITY ADMINISTRATION § FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND NOTICE AND ORDER This case was referred to the United States Magistrate Judge pursuant to the provisions of Title 28, United States Code, Section 636(b). The Findings, Conclusions, and Recommendation of the United States Magistrate Judge are as follows: FINDINGS AND CONCLUSIONS I. STATEMENT OF THE CASE Plaintiff Nicole Deneece Lockhart (“Lockhart”) filed this action pursuant to Section 405(g) of Title 42 of the United States Code for judicial review of a final decision of the Commissioner of Social Security denying her claims for a period of disability and disability insurance benefits (“DIB”) under Title II of the Social Security Act (“SSA”) and for supplemental security income (“SSI”) under Title XVI of the SSA. On April 20, 2022, Lockhart protectively filed her applications, alleging that her disability began on February 1, 2022. (Transcript (“Tr.”) 14; see, e.g., Tr. 34, 202-11.) After her applications were denied initially and on reconsideration, Lockhart requested a hearing before an administrative law judge (“ALJ”). (Tr. 14; see Tr. 52-79, 90-128.) On June 7, 2024, the ALJ held a telephone hearing and, on July 5, 2024, found that Lockhart was not disabled within the meaning of the SSA. (Tr. 14-51.) Lockhart then filed a request for review Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 1 of 18 PageID <pageID>
2 of the ALJ’s decision with the Appeals Council. (Tr. 198-99.) On December 17, 2024, the Appeals Council denied Lockhart’s request, leaving the ALJ’s decision as the final decision of the Commissioner. (Tr. 1-6.) Lockhart subsequently filed this civil action seeking review of the ALJ’s decision. I. STANDARD OF REVIEW Disability insurance is governed by Title II, 42 U.S.C. §§ 401-434, and SSI benefits are governed by Title XVI, 42 U.S.C. §§ 1381-1385, of the SSA. In addition, numerous regulatory provisions govern disability insurance and SSI benefits. See 20 C.F.R. Pt. 404 (disability insurance); 20 C.F.R. Pt. 416 (SSI). Although technically governed by different statutes and regulations, “[t]he law and regulations governing the determination of disability are the same for both disability insurance benefits and SSI.” Greenspan v. Shalala, 38 F.3d 232, 236 (5th Cir. 1994). The SSA defines a disability as a medically determinable physical or mental impairment lasting at least twelve months that prevents the claimant from engaging in substantial gainful activity. 42 U.S.C. § 423(d); McQueen v. Apfel, 168 F.3d 152, 154 (5th Cir. 1999). To determine whether a claimant is disabled, and thus entitled to disability benefits, a five-step analysis is employed. See 20 C.F.R. §§ 404.1520, 416.920. First, the claimant must not be presently working at any substantial gainful activity. See id. §§ 404.1520(a)(4)(i), 416.920(a)(4)(i). Substantial gainful activity is defined as work activity involving the use of significant physical or mental abilities for pay or profit. 20 C.F.R. §§ 404.1572, 416.972. Second, the claimant must have an impairment or combination of impairments that is severe. See 20 C.F.R. §§ 404.1520(a)(4)(ii), (c), 416.920(a)(4)(ii), (c); see also Stone v. Heckler, 752 F.2d 1099, 1101 (5th Cir. 1985). Third, disability will be found if the impairment, or combination of impairments, meets or equals an Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 2 of 18 PageID <pageID>
3 impairment listed in the Listing of Impairments (“Listing”), 20 C.F.R. Pt. 404 Subpt. P, App. 1. See 20 C.F.R. §§ 404.1520(a)(iii), (d), 416.920(a)(iii), (d).1 Fourth, if disability cannot be found based on the claimant’s medical status alone, the impairment or impairments must prevent the claimant from returning to his past relevant work. 20 C.F.R. §§ 404.l520(a)(4)(iv), (f), 416.920(a)(4)(iv), (f). And fifth, the impairment must prevent the claimant from doing any work, considering the claimant’s residual functional capacity (“RFC”), age, education, and past work experience. Id. §§ 404.l520(a)(4)(v), (g), 416.920(a)(4)(v), (g); Crowley v. Apfel, 197 F.3d 194, 197- 98 (5th Cir. 1999). At steps one through four, the burden of proof rests upon the claimant to show she is disabled. Crowley, 197 F.3d at 198. If the claimant satisfies this responsibility, the burden shifts to the Commissioner to show that there is other gainful employment the claimant is capable of performing in spite of his existing impairments. Id. If the Commissioner meets his burden, it is up to the claimant to then show that she cannot perform the alternate work. See Carey v. Apfel, 230 F.3d 131, 135 (5th Cir. 2000). A denial of disability benefits is reviewed only to determine whether the Commissioner applied the correct legal standards, and whether the decision is supported by substantial evidence in the record as a whole. Leggett v. Chater, 67 F.3d 558, 564 (5th Cir. 1995); Hollis v. Bowen, 837 F.2d 1378, 1382 (5th Cir. 1988) (per curiam). Substantial evidence is such relevant evidence as a reasonable mind might accept to support a conclusion. Boyd v. Apfel, 239 F.3d 698, 704 (5th Cir. 2001). It is more than a mere scintilla, but less than a preponderance. Id. A finding of no substantial evidence is appropriate only if no credible evidentiary choices or medical findings 1 Before moving from the third to the fourth step of the inquiry, the Commissioner assesses the claimant’s residual functional capacity (“RFC”) to determine the most the claimant is able to do notwithstanding her physical and mental limitations. 20 C.F.R. §§ 404.1520(a)(4), (e), 416.920(a)(4), (e). The claimant’s RFC is used at both the fourth and fifth steps of the five-step analysis. Id. §§ 404.1520(a)(4), 416.920(a)(4). At Step Four, the claimant’s RFC is used to determine if the claimant can still do her past relevant work. Id. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). At Step Five, the claimant’s RFC is used to determine whether the claimant can adjust to other types of work. Id. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v). Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 3 of 18 PageID <pageID>
4 support the decision. Id. (emphasis added). An ALJ’s decision is not subject to reversal, even if there is substantial evidence in the record that would have supported the opposite conclusion, so long as substantial evidence supports the conclusion that was reached by the ALJ. Dollins v. Astrue, No. 4:08-CV-00503-A, 2009 WL 1542466, at *5 (N.D. Tex. June 2, 2009). This Court may neither reweigh the evidence in the record nor substitute its judgment for the Commissioner’s, but it will carefully scrutinize the record to determine if substantial evidence is present. Harris v. Apfel, 209 F.3d 413, 417 (5th Cir. 2000); Hollis, 837 F.2d at 1383. II. ISSUE In her brief, Lockhart presents the following issues: 1. Whether the ALJ’s residual functional capacity determination is supported by substantial evidence because it fails to include mental restrictions to account for the finding of mild limitations in all four areas of mental functioning; and 2. Whether the ALJ erred by failing to point out actual inconsistencies between Lockhart’s subjective allegations and other evidence in the record in violation of 20 C.F.R. §§ 404.1529(c)(4), 416.929(c)(4), which, if properly considered, would lead to a finding of disabled under Rule 201.12 of the Medical-Vocational Guidelines (“GRIDS”). (Plaintiff’s Brief (“Pl.’s Br.”) at 3; 15-24; see Plaintiff’s Reply (“Pl.’s Reply”) at 1-6.) III. ALJ DECISION In his July 5, 2024 decision, the ALJ found that Lockhart had not engaged in any substantial gainful activity since February 1, 2022, her alleged onset date of disability, and that she met the disability insured status requirements of the SSA through March 31, 2022. (Tr. 16-17.) At Step Two, the ALJ found that Lockhart suffered from the following “severe” impairments: “degenerative disc disease and stenosis of the cervical spine; degenerative joint disease of the hips; coronary artery disease; rheumatic heart disease; history of mitral valve and aortic valve replacements; and obesity.” (Tr. 17 (emphasis omitted) (internal citations omitted). As to Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 4 of 18 PageID <pageID>
5 Lockhart’s anxiety and depressive disorders, the ALJ found that such impairments were non- severe because they “do not cause more than minimal limitation in the claimant’s ability to perform basic mental work activities.” (Tr. at 17.) In analyzing Lockhart’s mental impairments under the “paragraph B” criteria, the ALJ found that Lockhart had no more than mild limitations in all four broad functional areas. (Id.) At Step Three, the ALJ found that Lockhart did not suffer from an impairment or combination of impairments that met or equaled any section in the Listing. (Tr. 19-20.) As to Lockhart’s RFC, the ALJ stated: After careful consideration of the entire record, the undersigned finds that the claimant has the . . . [RFC] to perform light work as defined in 20 CFR 404.1567(b) and 416.967(b) except: she can occasionally climb ramps and stairs; she can occasionally climb ladders, ropes, and scaffolds; she can occasionally balance, stoop, kneel, crouch, and crawl; and she can have occasional exposure to hazards such as unprotected heights and moving mechanical parts. (Tr. 23 (emphasis omitted).) At Step Four, the ALJ found that Lockhart had no past relevant work. (Tr. 24.) Subsequently, the ALJ categorized Lockhart, who was born on January 14, 1972, as an individual closely approaching advanced age on the alleged disability onset date of February 1, 2022, as she was 50 years old.2 (Tr. 24.) In addition, the ALJ noted that Lockhart had “at least a high school education.” (Id.) That said, the ALJ described Lockhart’s transferable job skills as “not an issue because the claimant does not have past relevant work.” (Id.) Finally, at Step Five, the ALJ concluded that, based on Lockhart’s age, education, work experience, RFC, and vocational expert testimony, “there are jobs that exist in significant numbers in the national economy” that Lockhart could perform. (Tr. at 24; see Tr. at 24-26.) Accordingly, the ALJ found that Lockhart was not disabled as defined in the SSA from February 1, 2022, through the date of the decision. (Tr. 26.) 2 A person closely approaching advanced age is 50 to 54 years old. See 20 C.F.R. § 404.1563(d), 416.963(d). Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 5 of 18 PageID <pageID>
6 IV. DISCUSSION A. Failure to Include Mental Limitations in the RFC Determination As to first issue, Lockhart, citing no case law in support from this circuit, argues that substantial evidence does not support the ALJ’s mental RFC determination because the ALJ failed to include in such determination the mental limitations she found in the Paragraph B analysis. (Pl.’s Br. at 1, 15-19.) In support of her claim, Lockhart asserts: Here, the ALJ determined that Plaintiff had mild limitations in all four areas of mental functioning along with several severe impairments. The ALJ briefly describes each of the areas of mental functioning, and repeats the same benign examples from adult function reports while ignoring more severe evidence before creating an RFC with zero mental restrictions corresponding to the identified mental limitations and zero analysis as to why such limitations were excluded. (Pl.’s Br. at 16 (internal citations omitted).) Lockhart then evaluated each of the four areas of mental functioning known as the “paragraph B” criteria, pointing out the information noted by the ALJ and how such information was allegedly inaccurate based on other evidence in the record. (Id. at 16-19.) RFC is what an individual can still do despite his limitations.3 Social Security Ruling (“SSR”) 96-8p, 1996 WL 374184, at *2 (S.S.A. July 2, 1996). It reflects the individual’s maximum remaining ability to do sustained work activity in an ordinary work setting on a regular and continuing basis. Id.; see Myers v. Apfel, 238 F.3d 617, 620 (5th Cir. 2001). A regular and continuing basis is an eight-hour day, five days a week, or an equivalent schedule. SSR 96-8p, 1996 WL 374184, at *2. RFC is not the least an individual can do but the most. Id. The RFC is a function-by-function assessment, with both exertional and nonexertional4 factors to be 3 The Commissioner’s analysis at steps four and five of the disability evaluation process is based on the assessment of the claimant’s RFC. Perez v. Barnhart, 415 F.3d 457, 461–62 (5th Cir. 2005). The Commissioner assesses the RFC before proceeding from step three to step four. Id. 4 Exertional capacity addresses an individual’s ability “to perform each of seven strength demands: Sitting, standing, walking, lifting, carrying, pushing, pulling.” SSR 96-8p, 1996 WL 374184, at *5. Each function must be Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 6 of 18 PageID <pageID>
7 considered, and it is based upon all of the relevant evidence in the case record. Id. at 3–6. The responsibility for determining a claimant’s RFC lies with the ALJ. See Villa v. Sullivan, 895 F.2d 1019, 1023–24 (5th Cir. 1990). The ALJ must discuss the claimant’s ability to perform sustained work activity on a regular and continuing basis and resolve any inconsistencies in the evidence. SSR 96-8p, 1996 WL 374184, at *7. In making the RFC assessment, the ALJ must consider all symptoms, including pain, and the extent to which these symptoms can be reasonably accepted as consistent with objective medical evidence and other evidence. See 20 C.F.R. §§ 404.1529(a), 416.929(a); SSR 16-3p, 2017 WL 5180304, at *1 (Oct. 25, 2017); SSR 96-8p, 1996 WL 374184, at *5. The ALJ must also consider limitations and restrictions imposed by all of an individual’s impairments, even impairments that are not severe. See SSR 96-8p, 1996 WL 374184, at *5. The ALJ may draw reasonable inferences from the evidence in making his decision, but the social security ruling also cautions that presumptions, speculation, and supposition do not constitute evidence. See e.g., SSR 86-8, 1986 WL 68636, at *8 (1986), superseded by SSR 91-7c, 1991 WL 231791, at *1 (Aug. 1, 1991) (changing the ruling only to the extent the SSR discusses the former procedures used to determine disability in children). The ALJ is not required to incorporate limitations in the RFC that he did not find the record supported. See Muse v. Sullivan, 925 F.2d 785, 790 (5th Cir. 1991) (“The ALJ as factfinder has the sole responsibility for weighing the evidence and may choose whichever physician’s diagnosis is most supported by the record.”). In reviewing the ALJ’s decision, a finding of no substantial considered separately, but the final RFC assessment may combine activities. Id. Nonexertional capacity “considers all work-related limitations and restrictions that do not depend on an individual’s physical strength,” including mental limitations. Id. at *6. Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 7 of 18 PageID <pageID>
8 evidence is appropriate only if no credible evidentiary choices or medical findings support the decision. Boyd v. Apfel, 239 F.3d 698, 704 (5th Cir. 2001). Federal regulations require the ALJ to follow mandatory steps when evaluating the severity of a claimant’s mental impairments, known as the “special technique.” 20 C.F.R. §§ 404.l520a(b), 416,920a(b); see Hogue v. Comm’r, Soc. Sec. Admin., No. 3:24-CV-1926-K, 2025 WL 2232339, at *9 (N.D. Tex. July 8, 2025). The ALJ, in evaluating mental impairments, first considers a claimant’s symptoms, signs, and laboratory findings to decide whether they suffer from a medically determinable impairment. See 20 C.F.R. § § 404.1520a(b)(1), 416.920a(b)(1). For most mental impairment listings, the ALJ must evaluate the degree of functional limitation resulting from the claimant’s mental impairments pursuant to criteria identified in paragraphs A and B or A and C of the adult mental disorders contained in the Listings.5 See 20 C.F.R. Pt. 404, Subpt. P, App. 1 § 12.00; 20 C.F.R. §§ 404.1520a(b)(2), (c), 416.920a(b)(2),(c). “Paragraph B” contains four broad functional areas: (1) understanding, remembering, or applying information; (2) interacting with others; (3) concentrating, persisting, or maintaining pace; and (4) adapting and managing oneself. See 20 C.F.R. §§ 404.1520a(c)(3)-(4), 416.920a(c)(3)-(4); see also 20 C.F.R. Pt. 404, Subpt. P, App. 1 § 12.00E. To satisfy the criteria in paragraph B, the claimant’s impairment must result in one extreme limitation or two marked limitations.6 See 20 C.F.R. Pt. 404, Subpt. P, App. 1 § 12.00(A)(2)(b). The ALJ’s written decision must incorporate pertinent findings and conclusions based on the technique, along with a specific finding of the limitation’s 5 “Listing 12.05 has two paragraphs that are unique to that listing (see 12.00A3); [the claimant’s] mental disorder must satisfy the requirements of either paragraph A or paragraph B.” 20 C.F.R. Pt. 404, Subpt. P, App. 1 § 12.00A.2. 6 The five-point scale that the ALJ uses to rate a claimant’s degree of limitation is as follows: none, mild, moderate, marked, and extreme. 20 C.F.R. §§ 404.1520a(c)(4), 416.920a(c)(4). “If [the ALJ] rate[s] the degrees of [a claimant’s] limitation as ‘none’ or ‘mild,’ [he or she] will generally conclude that [the claimant’s] impairment(s) is not severe . . . .” 20 C.F.R. §§ 404.1520a(d)(1), 416.920a(d)(1). Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 8 of 18 PageID <pageID>
9 degree in each of the functional areas described. See 20 C.F.R. §§ 404.1520a(e)(4), 416.920a(e)(4). After the ALJ rates the degree of functional limitation resulting from any mental impairment, the ALJ determines the severity of such impairment. See 20 C.F.R. § § 404.1520a(d), 416.920a(d). If the ALJ finds the mental impairment is severe at Step Two, then the ALJ must determine at Step Three if it meets or equals a listed mental disorder in the Listing. See 20 C.F.R. §§ 404.1520a(d)(2), 416.920a(d)(2). If the impairment is severe but does not meet or equal a listed mental impairment, then the ALJ must conduct an RFC assessment. See 20 C.F.R. § 404.1520a(d)(3), 416.920a(d)(3). In this case, the ALJ found at Step Two, as stated above, that Lockhart had no severe mental impairments. (Tr. 17.) In making this determination, the ALJ stated: The undersigned considered all of the claimant’s medically determinable impairments, including those that are not severe, when assessing the claimant’s residual functional capacity. . . . . The claimant’s medically determinable mental impairments of anxiety and depressive disorders, considered singly and in combination, do not cause more than minimal limitation in the claimant’s ability to perform basic mental work activities and are therefore non-severe. In making this finding, the undersigned has considered the broad functional areas of mental functioning set out in the disability regulations for evaluating mental functioning set out in the disability regulations for evaluating mental disorders and in the Listing of Impairments (20 CFR, Part 404, Subpart P, Appendix 1). These four broad functional areas are known as the “paragraph B” criteria. (Tr. 17.) The ALJ, after considering Function Reports, progress notes, and other evidence in the record, then found that Lockhart had “no more than mild limitations” in all four functional areas. (Tr. 17-18.) The ALJ then stated: Because the claimant’s medically determinable mental impairments cause no more than “mild” limitation in any of the functional areas and the evidence does Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 9 of 18 PageID <pageID>
10 not otherwise indicate that there is more than a minimal limitation in the claimant’s ability to do basic work activities, they are non-severe. The limitations identified in the “paragraph B” criteria are not a residual functional capacity assessment but are used to rate the severity of mental impairments at steps 2 and 3 of the sequential evaluation process. The mental residual functional capacity assessment used at steps 4 and 5 of the sequential evaluation process requires a more detailed assessment. The following residual functional capacity assessment reflects the degree of limitation the undersigned has found in the “paragraph B” mental function analysis. (Tr. 18-19 (internal citations omitted).) In making the RFC determination, the ALJ did not include any mental RFC limitations in such determination. (Tr. 20-24.) Specifically, the ALJ noted that the “prior administrative findings provided by the State Agency at the initial level[, which found that there were no mental impairments established,] are persuasive (Exhibits D2A-D3A).”7 (Tr. 24.) As set forth above, Lockhart claims that the ALJ’s RFC determination is incomplete because the ALJ relied “on a few benign pieces of evidence to justify everything regarding mental functioning” and on progress notes from anticoagulation appointments (as opposed to mental status examinations) and failed to include any limitations in the RFC determination regarding her mild limitations in the four functional areas. (Pl.’s Reply at 2; see Pl.’s Br. at 15-19; Pl.’s Reply at 1-4.) However, the Court notes that the paragraph B criteria limitation of having mild limitations in the four functional areas in the special technique is not an RFC assessment. See SSR 96–8p, 7 In the Psychiatric Review Technique of a Disability Determination Explanation signed December 21, 2022, the State Agency Psychological Consultant (“SAPC”) stated that “[t]here are no mental medically determinable impairments established.” (Tr. 55.) In addition, the SAPC averred: Claimant is a 50 year old female alleging a congenital heart condition, history of stroke, shortness of breath, and depression. No current mental treatment was available. Claimant was scheduled for a CE and her representative confirmed her intended attendance. She did not attend. Insufficient evidence. (Tr. 55 (emphasis omitted).) Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 10 of 18 PageID <pageID>
11 1996 WL 374184, at *4. Instead, it is used to rate the severity of Lockhart’s mental impairments at Steps 2 and 3 of the sequential evaluation process. Id. “The mental RFC assessment used at steps 4 and 5 of the sequential evaluation process requires a more detailed assessment by itemizing various functions contained in the broad categories found in paragraphs B and C of the adult mental disorder listings in 12.00 of the Listing of Impairments . . . .” Id. Moreover, “[w]hile the regulations require the ALJ to evaluate[ ] the limitations imposed by Plaintiff's mental impairments in certain areas and direct the ALJ to proceed to the RFC determination if Plaintiff's impairments are found severe, the regulations do not specifically require the ALJ to find that the limitations found in evaluating the mental impairment must be word-for-word incorporated into either the RFC determination or the hypothetical question posed to the VE.” Patterson v. Astrue, No. 1:08– CV–109–C, 2009 WL 3110205, at *5 (N.D. Tex. Sept. 29, 2009). The Court notes that Lockhart does not appear to take issue with the ALJ’s analysis of the paragraph B criteria or the ALJ’s findings at Step 2 that her mental impairments were non-severe. (See Pl.’s Br. at 15-19; Pl.’s Reply at 1-4.) Rather, Lockhart claims that the ALJ erred by failing to account for Lockhart’s mild limitations in the four functional areas in the RFC determination or explain why such limitations were excluded. (Pl.’s Br. at 16; see Pl.’s Reply at 1-4.) In general, “all relevant evidence in the case record” should be considered when making an RFC determination, and even non-severe impairments should be considered.” Jeansonne v. Saul, 855 F. App’x 193, 198 (5th Cir. 2021) (emphasis in original). “However, the Fifth Circuit has explained that the ALJ must consider non-severe mental impairments in the RFC determination only when evidence supports a finding that the impairments significantly affect a claimant’s ability to work.” Brown v. Comm’r of Soc. Sec., No. 7:23-CV-00084-O-BP, 2024 WL 4169173, at *8 Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 11 of 18 PageID <pageID>
12 (quoting Jeansonne, 855 F. App’x at 197-98) (collecting cases).8 In this case, Lockhart does not argue that substantial evidence did not support the ALJ’s decision at Step Two. “Therefore, because the ALJ found at [S]tep [T]wo that [Plaintiff’s] non-severe mental impairments did not cause ‘more than a minimal limitation in the claimant’s ability to do basic work activities,’ there was no error in not considering them in the RFC determination.’” Brown, 2024 WL 4169173, at *4 (quoting Jeansonne, 855 F. App’x at 197-98); see also Scott v. Comm’r, Soc. Sec. Admin, No. 4:20-CV-01136-BJ, 2022 WL 4240888, at *10 (N.D. Tex. Sept. 14, 2022) (finding substantial evidence supported RFC determination that did not contain any limitations for non-severe mental impairments that were rated as mildly limited in all four paragraph B functional areas). The record shows, as set forth above, that the ALJ clearly considered and analyzed the evidence in the record relating to Lockhart’s mental impairments. The ALJ exercised his responsibility as factfinder in weighing the evidence and choosing to incorporate limitations into the RFC. See Jacobs v. Berryhill, No. 5-17-CV-429-XR-RBF, 2018 WL 3323764, at *5 (W.D. Tex. July 6, 2018), rep. and recommendation adopted, No. 5-17-CV-429, 2018 WL 4688775 (W.D. Tex. July 24, 2018). Accordingly, the Court finds substantial evidence supports the ALJ’s RFC determination and remand is not required. B. Failure to Point Out Inconsistencies Between Subjective Allegations and Other Evidence in the Record Lockhart also argues that the ALJ erred in failing to point out actual inconsistencies between her subjective allegations and other evidence in the record in violation of 20 C.F.R. §§ 8 While not all courts are unanimous in so holding, such cases either fail to mention the Fifth Circuit’s opinion in Jeansonne or they mention it but decide the cases on other grounds of harmless error. See Brown, 2024 WL 4169173, at *9 (collecting cases); see also Kevin F. v. Comm’r of Soc. Sec., No. 3:24-cv-00324, 2025 WL 1186304, at *3-4 (S.D. Tex. Apr. 24, 2025). While Jeansonne is not a precedential opinion, it merits great persuasive force. See Kevin F., 2025 WL 1186304, at *4. Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 12 of 18 PageID <pageID>
13 404.1529 and 416.929. (Pl.’s Br. at 19-24; see Pl.’s Reply at 4-6.) Lockhart claims that, if the ALJ had properly followed these regulations as well as SSR 96-7p,9 then Lockhart’s RFC would have been limited to sedentary work and, consequently, she would have been found to be disabled under Rule 201.12 of the GRIDS, 20 C.F.R. Part 404, Subpt. P, App. 2.10 (Pl.’s Br. at 19, 24) Lockhart claims that the ALJ “appears to rely solely on a few statements on activities of daily living (“ADLs”) in her adult function reports to discount a record full of evidence supporting Plaintiff’s allegations.” (Pl.’s Br. at 21.) When evaluating a claimant’s subjective complaints, the ALJ first considers whether a medically determinable impairment exists that could reasonably be expected to produce the claimant’s pain or other symptoms. See 20 C.F.R. §§ 404.1529(b), 416.929(b); SSR 16-3P, 2017 WL 5180304, at *3 (S.S.A. Oct. 25, 2017). Second, once an impairment is established, the ALJ then assesses the symptoms’ intensity, persistence, and limiting effects on the claimant’s ability to perform work-related activities. See 20 C.F.R. §§ 404.1529(c), 416.929(c); SSR 16-3P, 2017 WL 5180304, at *4. In evaluating a claimant’s subjective complaints, the ALJ considers multiple factors, including: 1) the claimant’s daily activities; 2) the location, duration, frequency, and intensity of pain or other symptoms; 3) factors that precipitate and aggravate the symptoms; 4) the type, 9 The Court notes that SSR 96-7p has been superseded by SSR 16-3p, 2017 WL 5180304, at *1. 10 “The GRIDS provide an analysis of the various functional factors such as age, education, and work experience in combination with the individuals [RFC] for work in evaluating a claimant’s ability to engage in substantial gainful activity.” Hunt v. Astrue, No. 4:12-CV-244-Y, 2013 WL 2392880, at *12 (N.D. Tex. June 3, 2013) (citing 20 C.F.R. Pt. 404, Subpt. P, App. 2 § 200.00(a)). “When findings of fact coincide with all the criteria of a particular rule, the rule directs a conclusion as to whether the claimant is or is not disabled.” Id. However, “[t]he Fifth Circuit has held that the use of the GRIDS is appropriate when a claimant suffers only from exertional impairments or if a claimant’s nonexertional impairments do not significantly affect his RFC.” Hunt, 2013 WL 2392880, at *12 (emphasis added) (citing Newton v. Apfel, 209 F.3d 448, 458 (5th Cir. 2000)). Rule 201.12 directs a finding of disabled for a person limited to sedentary work that, as relevant here, is closely approaching advanced age, is a high school graduate, and who has no previous work experience. Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 13 of 18 PageID <pageID>
14 dosage, effectiveness, and side effects of any medication the claimant takes or has taken to alleviate pain or other symptoms; 5) treatment, other than medication, that the claimant receives or has received for relief of pain or other symptoms; 6) any measures other than treatment the claimant uses or has used to relieve pain or other symptoms; and 7) any other factors concerning the claimant’s functional limitations and restrictions due to pain. See 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); SSR 16-3P, 2017 WL 5180304, at *7-8. “However, neither the regulation nor interpretive case law requires that an ALJ name, enumerate, and discuss each factor in outline or other rigid, mechanical form.” Prince v. Barnhart, 418 F. Supp. 2d 863, 871 (E.D. Tex. 2005). An administrative decision is “sufficiently specific” when it amply reflects the ALJ’s awareness and consideration of the regulatory factors. Id. As to Lockhart’s subjective complaints, the ALJ, citing 20 C.F.R. §§ 404.1529 and 416.929 and SSR 16-3p, first set forth the two-step process in considering a claimant’s subjective complaints. (Tr. 20.) Then, the ALJ discussed and analyzed various evidence in the record, including multiple adult function reports and Lockhart’s testimony at the hearing before the ALJ. (Tr. 21.) Thereafter, the ALJ stated: After careful consideration of the evidence, the undersigned finds that the 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 entirely consistent with the medical evidence and other evidence on the record for the reasons explained in this decision. (Tr. 21-22.) The ALJ then proceeded to go through the various medical and other evidence in the record in finding that Lockhart was capable of performing light work with several additional limitations. (Tr. 21- 24.) As set forth above, Lockhart argues that the ALJ improperly assessed her subjective allegations. (Pl.’s Br. at 19-24.) The Court disagrees, noting that, “[w]hen considering medical Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 14 of 18 PageID <pageID>
15 evidence relative to a claimant’s subjective complaints, the ALJ may discredit the claimant’s complaints . . . [so long as the ALJ] carefully weigh[s] the evidence and articulate[s] the reasons for doing so.” Guidry v. Comm’r of Soc. Sec., No. 6:23-CV-01742, 2025 WL 1119267, at *4 (W.D. La. Mar. 31, 2025) (citing Smith v. Astrue, 914 F. Supp. 2d 764, 787 (E.D. La. 2012)). In this case, as set forth above, the ALJ began his analysis regarding Lockhart’s subjective complaints by setting forth and citing the regulations governing symptom evaluation, acknowledging its relevance to his determination. (Tr. 20 (citing 20 C.F.R. §§ 404.1529, 416.929 and SSR 16-3p.) Thereafter, the ALJ, inter alia, summarized evidence relevant to five of the seven factors listed in the regulation. (Tr. 21-25; see 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3).) As to claimant’s daily activities, the ALJ noted that Lockhart, on a typical day, inter alia, “woke up, took care of personal hygiene, watched TV, and went to bed.” (Tr. 21.) The ALJ also acknowledged that Lockhart stated: (1) she had problems with personal care, (2) needed special reminders to take care of personal needs, grooming, and to take her medication, (3) was unable to prepare meals or do chores, (4) could use public transportation, shop by computer, and sometimes count change, (5) enjoyed watching sports and movies every day, (5) went to church and doctors’ appointments on a regular basis, (6) had a short attention span, and (7) could not stand or walk for five minutes due to swelling and shooting pain. (Id.) As to the location, duration, frequency, and intensity of pain or other symptoms, the ALJ reiterated Lockhart’s testimony (as well as her statements in the medical records) indicating Lockhart experienced, inter alia, bone arthritis and neck, hip, and ankle pain, whole body pain, fluid in her hips, swelling in her leg, and shooting pain from her neck to her back. (Tr. 21-23.) The ALJ noted that the medical records indicated Lockhart also had complaints of shortness of breath, chest pain, palpitations, irregular heartbeat, and loss of consciousness. (Tr. 23.) Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 15 of 18 PageID <pageID>
16 As to information related to Lockhart’s medications, the ALJ noted, inter alia, that Lockhart took medication, which did not cause any side effects. (Tr. 21.) The ALJ also indicated that Lockhart’s medical records indicated she was prescribed Tylenol, baclofen, lidocaine patch, diclofenac, blood thinners, gabapentin (which did not provide relief) for neck and shoulder pain, warfarin for mitral valve replacement and atrial flutter, and furosemide for coronary artery disease. (Tr. 22-24.) In addition, the ALJ stated that Lockhart’s fluctuating numbers related to her International Normalized Ratio related to her anticoagulation treatment “were attributed to cranberry juice or missed dosages.” (Tr. 23.) As to treatment, other than medications, the ALJ noted that Lockhart wore a hearing aid and attended physical therapy to address neck pain. (Tr. 21-22.) As to any other factors concerning Lockhart’s functional limitations and restrictions due to pain, the ALJ acknowledged that Lockhart “has had a large body habitus, complaints of pain, and findings of tenderness with some related decreased ranges of motion” and some swelling and joint pain. (Tr. 24.) The ALJ also stated that the “evidence also reasonably supports environmental limitations involving exposure to hazards.” (Id.) In addition, the ALJ articulated legitimate reasons for his determination that Lockhart’s subjective complaints were not entirely consistent with medical and other evidence in the record. (Tr. 20-24.) Moreover, the ALJ sufficiently indicated the persuasiveness and weight given to Lockhart’s subjective complaints and also incorporated some environmental limitations into the RFC determination to account for her subjective complaints (Id.). See, e.g., Salgado v. Astrue, 271 F. App’x 456, 462-63 (5th Cir. 2008). Relying in part on the VE’s testimony, the ALJ reasonably concluded at Step Five that there was work that exists in significant numbers in the national economy that Lockhart could perform. (Tr. 25-26.) In sum, the ALJ’s findings regarding Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 16 of 18 PageID <pageID>
17 Lockhart’s subjective complaints of pain were “sufficiently specific to make clear to the [claimant] and to any subsequent reviewers the weight the [ALJ] gave to the [claimant’s] statements and the reasons for that weight.” Salgado, 271 F. App’x at 462. Thus, the ALJ did not err, and remand is not required as to this issue. RECOMMENDATION It is recommended that the Commissioner’s decision be AFFIRMED. NOTICE OF RIGHT TO OBJECT TO PROPOSED FINDINGS, CONCLUSIONS, AND RECOMMENDATION AND CONSEQUENCES OF FAILURE TO OBJECT Under 28 U.S.C. § 636(b)(1), each party to this action has the right to serve and file specific written objections in the United States District Court to the United States Magistrate Judge’s proposed findings, conclusions, and recommendation within fourteen (14) days after the party has been served with a copy of this document. The United States District Judge need only make a de novo determination of those portions of the United States Magistrate Judge’s proposed findings, conclusions, and recommendation to which specific objection is timely made. See 28 U.S.C. § 636(b)(1). Failure to file by the date stated above a specific written objection to a proposed factual finding or legal conclusion will bar a party, except upon grounds of plain error or manifest injustice, from attacking on appeal any such proposed factual findings and legal conclusions accepted by the United States District Judge. See Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415, 1428–29 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days). ORDER Under 28 U.S.C. § 636, it is hereby ORDERED that each party is granted until February 9, 2026, to serve and file written objections to the United States Magistrate Judge’s proposed Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 17 of 18 PageID <pageID>
18 findings, conclusions, and recommendation. It is further ORDERED that if objections are filed and the opposing party chooses to file a response, the response shall be file within seven (7) days of the filing date of objections. It is further ORDERED that the above-styled and numbered action, previously referred to the United States Magistrate Judge for findings, conclusions, and recommendation, be and hereby is returned to the docket for the United States District Judge. SIGNED January 26, 2026. ____________________________________ JEFFREY L. CURETON UNITED STATES MAGISTRATE JUDGE Case 3:25-cv-00244-E Document 25 Filed 01/26/26 Page 18 of 18 PageID <pageID>
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