6:24-cv-00092•Service v. Commissioner, Social Security Administration
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-1- IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS SAN ANGELO DIVISION SIERRA S., § Plaintiff, § § v. § No. 6:24-CV-092-H-BW § COMMISSIONER, SOCIAL § SECURITY ADMINISTRATION, § Defendant. § FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Plaintiff Sierra S. (“Plaintiff”) brings this action pursuant to the Social Security Act (the “Act”), seeking review of the final decision of the Commissioner of Social Security (the “Commissioner”) that denied her application for Disability Insurance Benefits (“DIB”) under Title II of the Act. (See Dkt. No. 1.) The Court has jurisdiction over this action under 42 U.S.C. §§ 405(g) and 1383(c). The case was referred to the undersigned United States Magistrate Judge to issue findings and recommendations to the United States District Judge under Special Order No. 3-350. (See Dkt. No. 12.) Plaintiff filed a brief on appeal (Dkt. No. 21 (“Pl. Br.”)), to which the Commissioner filed a brief in response (Dkt. No. 28 (“Def. Br.”)). Plaintiff filed a reply (Dkt. No. 29 (“Reply”)). After considering the pleadings, briefs, and administrative record, the Commissioner’s decision should be AFFIRMED. Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 1 of 23 PageID <pageID>
-2- I. BACKGROUND On December 6, 2021, Plaintiff filed a claim for DIB, alleging disability beginning on June 16, 2021. (Dkt. No. 15-1 (“Transcript”) (“Tr.”) at 121.) Plaintiff alleges a disability due to depression, anxiety, and obsessive-compulsive disorder (“OCD”). (Id.) The claim was initially denied on September 19, 2022, (id. at 144), and again upon reconsideration on July 28, 2023, (id. at 155), after which Plaintiff timely requested an administrative hearing, (id. at 19). On January 23, 2024, Administrative Law Judge Laura Roberts (the “ALJ”) held a telephone hearing, at which Plaintiff appeared and testified. (Tr. at 63–102.) Plaintiff was represented at the hearing by Merce Lara, an attorney. (Id.) Shelly Eike, an impartial vocational expert (“VE”), appeared and testified telephonically. (Id.) The ALJ issued an unfavorable decision on May 1, 2024, finding Plaintiff not disabled. (Id. at 19–32.) On October 24, 2024, the Appeals Council denied Plaintiff’s request for further review. (Id. at 1.) The ALJ’s May 1, 2024, decision thus became the “final decision” of the Commissioner subject to judicial review under 42 U.S.C. § 405(g). II. LEGAL STANDARDS A. District Court Review Judicial review of the Commissioner’s denial of benefits is limited to whether the Commissioner’s position is supported by substantial evidence and whether the Commissioner applied the proper legal standards in evaluating the evidence. See 42 Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 2 of 23 PageID <pageID>
-3- U.S.C. § 405(g); Copeland v. Colvin, 771 F.3d 920, 923 (5th Cir. 2014); Ripley v. Chater, 67 F.3d 552, 555 (5th Cir. 1995). Substantial evidence is “more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401 (1971); accord Copeland, 771 F.3d at 923. To determine whether substantial evidence of disability exists, four elements of proof must be weighted: (1) objective medical facts; (2) diagnoses and opinions of treating and examining physicians; (3) claimant’s subjective evidence of pain and disability; and (4) claimant’s age, education, and work history. See Wren v. Sullivan, 925 F.2d 123, 126 (5th Cir. 1991) (citing DePaepe v. Richardson, 464 F.2d 92, 94 (5th Cir.1972)). The Commissioner, rather than the Court, must resolve conflicts in the evidence, including weighing conflicting testimony and determining witnesses’ credibility, and the Court does not try the issues de novo. See Martinez v. Chater, 64 F.3d 172, 174 (5th Cir. 1995); Greenspan v. Shalala, 38 F.3d 232, 237 (5th Cir. 1994). Thus, the Court may not reweigh the evidence or substitute its judgment for the Commissioner’s but must scrutinize the entire record to ascertain whether substantial evidence supports the hearing decision. See Copeland, 771 F.3d at 923; Hollis v. Bowen, 837 F.2d 1378, 1383 (5th Cir. 1988). The Court “may affirm only on the grounds that the Commissioner stated for [the] decision.” Copeland, 771 F.3d at 923. “Absent an error that affects the substantial rights of a party, administrative proceedings do not require ‘procedural perfection.’” Wilder v. Colvin, No. 13-CV- Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 3 of 23 PageID <pageID>
-4- 3014-P, 2014 WL 2931884, at *5 (N.D. Tex. June 30, 2014) (quoting Taylor v. Astrue, 706 F.3d 600, 603 (5th Cir. 2012)). “The ALJ is not required to discuss every piece of evidence in the record nor must the ALJ follow formalistic rules of articulation.” Hunt v. Astrue, No. 4:12-CV-244-Y, 2013 WL 2392880, at *7 (N.D. Tex. June 3, 2013) (citing Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005)). “Procedural errors affect the substantial rights of a claimant only when they ‘cast into doubt the existence of substantial evidence to support the ALJ’s decision.’” Wilder, 2014 WL 2931884, at *5 (quoting Morris v. Bowen, 864 F.2d 333, 335 (5th Cir. 1988)). “Remand is required only when there is a realistic possibility that the ALJ would have reached a different conclusion absent the procedural error.” Id. (citing January v. Astrue, 400 F. App’x 929, 933 (5th Cir. 2010)). B. The Sequential Evaluation Process “In order to qualify for disability insurance benefits or [supplemental security income], a claimant must suffer from a disability.” Copeland. 771 F.3d at 923 (citing 42 U.S.C. § 423(d)(1)(A)). The Act defines “disability” as the inability to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or last for a continued period of 12 months. See id. § 423(d)(1)(A); see also Copeland, 771 F.3d at 923; Cook v. Heckler, 750 F.2d 391, 393 (5th Cir. 1985). An ALJ must follow a five-step sequential evaluation to determine whether a claimant is disabled within the meaning of the Act. See Wren, 925 F.2d at 125 Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 4 of 23 PageID <pageID>
-5- (summarizing 20 C.F.R. § 404.1520(b)-(f)). On the first four steps of the analysis, the claimant has the initial burden of proving that she is disabled. Bowen v. Yuckert, 482 U.S. 137, 146 n.5 (1987). The burden shifts to the Commissioner on the fifth step to show that the claimant is capable of performing work in the national economy and is therefore not disabled. Id. “A finding that a claimant is disabled or is not disabled at any point in the five-step review is conclusive and terminates the analysis.” Lovelace v. Bowen, 813 F.2d 55, 58 (5th Cir.1987). At step one, the ALJ must determine whether the claimant is engaged in substantial gainful work activity. See 20 C.F.R. § 404.1520(b). If so, the claimant is not disabled. If the claimant is not engaged in substantial gainful work activity, the ALJ proceeds to step two and determines whether the claimant has an impairment, or combination of impairments, that is “severe” within the meaning of the Act, meaning that it imposes significant restrictions on the claimant’s ability to perform basic work activities. Id. § 404.1520(c). If the claimant does not have a severe impairment or combination of impairments, the analysis concludes with a finding of “not disabled.” If the claimant does, the ALJ continues to step three. At step three, the ALJ examines whether a claimant’s impairment meets or medically equals the criteria of a listed impairment in Appendix 1 of Subpart P of Regulation No. 4 (the “Listings”). Id. § 404.1520(d). If the impairment meets or medically equals the criteria of a Listing and meets the durational requirement, the claimant is disabled. Id. § 404.1509. If not, the ALJ determines the claimant’s Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 5 of 23 PageID <pageID>
-6- residual functional capacity (“RFC”), which is the ability to perform physical or mental work activities on a sustained basis notwithstanding limitations for the collective impairments. See id. § 404.1520(e)-(f). The ALJ then proceeds to step four and determines whether the claimant’s RFC permits her to perform the requirements of her past relevant work. 20 C.F.R. § 404.1520(f). If the claimant can perform such requirements, then she is not disabled. Id. If an individual’s impairment precludes her from performing past work, the analysis proceeds to the fifth and final step, wherein the burden shifts to the Commissioner to show that there is other gainful employment available in the national economy that the claimant is capable of performing. Greenspan, 38 F.3d at 236. This burden may be satisfied either by reference to the Medical-Vocational Guidelines of the regulations or by expert vocational testimony or other similar evidence. Fraga v. Bowen, 810 F.2d 1296, 1304 (5th Cir. 1987). III. ALJ’s FINDINGS The ALJ analyzed Plaintiff’s claim for benefits under the process described above and made the following findings in her May 1, 2024, decision: 1. The claimant meets the insured status requirements of the Social Security Act on December 31, 2023. 2. The claimant did not engage in substantial gainful activity during the period from her alleged onset date of June 16, 2021 through her date last insured of December 31, 2023 (20 CFR 404.1571 et seq.). 3. Through the date last insured, the claimant had the following severe impairments: major depressive disorder, generalized anxiety disorder Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 6 of 23 PageID <pageID>
-7- (“GAD”), OCD, trichotillomania, post-traumatic stress disorder (“PTSD”), and obesity (20 CFR 404.1520(c)). 4. Through the date last insured, the claimant did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525, and 404.1526). 5. After careful consideration of the entire record, the undersigned finds that, through the date last insured, the claimant had the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) except with the following limitations: She can have no interaction with the general public, although contact is ok. She can have occasional interaction with coworkers and supervisors. She can perform no tandem or team work or fast-paced assembly line type work with strict production quotas. She can understand, remember, and carry out simple tasks with simple instructions in a routine work setting. She can perform no climbing ropes, ladders, or scaffolds; crouching or crawling. She can perform occasional climbing of ramps and stairs; stooping; kneeling and balancing on uneven, moving, or narrow surfaces. She will be off task 10% of the workday. 6. Through the date last insured, the claimant was unable to perform any past relevant work (20 CFR 404.1565). 7. The claimant was born on July 3, 1991, and was 32 years old, which is defined as a younger individual age 18–49, on the date last insured (20 CFR 404.1563). 8. The claimant has at least a high school education (20 CFR 404.1564). 9. Transferability of job skills is not material to the determination of disability because the claimant is limited to performing unskilled work. 10. Through the date last insured, considering the claimant’s age, education, work experience, and residual functional capacity, there were jobs that existed in significant numbers in the national economy that the claimant could have performed (20 CFR 404.1569 and 404.1569a). 11. The claimant was not under a disability, as defined in the Social Security Act, at any time from June 16, 2021, the alleged onset date, through December 31, 2023, the date last insured (20 CFR 404.1520(g)). (Tr. at 19–32.) Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 7 of 23 PageID <pageID>
-8- Accordingly, the ALJ determined that, for the application for a period of disability and disability insurance benefits filed on December 6, 2021, the claimant was not disabled under sections 216(i) and 223(d) of the Act. (Id. at 32.) IV. ANALYSIS Plaintiff asserts two points of error in this appeal: (1) that the ALJ’s step-three determination that Plaintiff’s impairments neither meet nor medically equal the criteria of a Listing is not supported by substantial evidence, (Pl. Br. at 12–14), and (2) that the ALJ’s finding at step five that Plaintiff could perform the jobs of retail marker, routing clerk, and mail clerk is likewise not supported by substantial evidence, (id. at 9–12). A. The ALJ’s step-three finding is supported by substantial evidence. At step three of the five-step sequential evaluation process, the ALJ must determine whether the claimant’s impairments are of a severity to meet or medically equal the criteria of an impairment found in the Listings. See 20 C.F.R. § 404.1520(a)(4)(iii). The Listings describe impairments that the Administration considers severe enough to prevent a claimant from doing any gainful activity, regardless of her age, education, or work experience. Id. § 404.1525(a). A claimant whose impairments meet or medically equal a listed impairment “will be considered disabled without the need to consider vocational factors.” Bowling v. Shalala, 36 F.3d 431, 435 (5th Cir. 1994); see also 20 C.F.R. § 404.1520(d). Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 8 of 23 PageID <pageID>
-9- For this reason, the criteria in the Listings are “demanding and stringent.” Falco v. Shalala, 27 F.3d 160, 162 (5th Cir. 1994). The medical criteria defining the listed impairments have been deliberately set at a higher level of severity than the statutory standard for receiving benefits because the Listings “were designed to operate as a presumption of disability that makes further inquiry unnecessary.” Sullivan v. Zebley, 493 U.S. 521, 532 (1990). Each Listing specifies the objective medical and other findings needed to satisfy the criteria of that particular Listing. See 20 C.F.R. § 404.1525(c)(3). A diagnosis alone is not enough to establish that a claimant’s impairment (or combination of impairments) meets or medically equals the criteria of a Listing. Id. § 404.1525(d). Rather, a Listing’s criteria are only satisfied when the claimant’s impairments meet every requirement, “including any relevant criteria in the introduction, and meet[ ] the duration requirement” of lasting or being expected to last for either “a specific period of time” stated in the Listing or a “continuous period of at least 12 months.” Id. § 404.1525(c)(3)–(4). An impairment or combination of impairments that manifests only some of a Listing’s criteria, no matter how severely, does not qualify; if a claimant’s impairment (or combination of impairments) does not satisfy every component, it does not meet the Listing. See id. § 404.1525(c)(3). At this stage, the burden of establishing that an impairment or combination of impairments is of Listing-level severity rests with the claimant. See Selders v. Sullivan, 914 F.2d 614, 619 (5th Cir. 1990). Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 9 of 23 PageID <pageID>
-10- The ALJ found that Plaintiff had the following severe mental impairments: major depressive disorder, GAD, OCD, trichotillomania, and PTSD. (Tr. at 21–22.) The relevant mental disorder Listings were thus Listings 12.04 (depressive, bipolar, and related disorders), 12.06 (anxiety and obsessive-compulsive disorders), and 12.15 (trauma- and stressor-related disorders). See 20 C.F.R. pt. 404, subpt. P, app. 1, § 12.00(A)(1). For listed mental disorders, the ALJ looks to “the paragraph B criteria” to determine the claimant’s ability to (1) understand, remember, or apply information; (2) interact with others; (3) concentrate, persist, or maintain pace; and (4) adapt or manage oneself. Id. pt. 404, subpt. P, app. 1, § 12.00(E). The ALJ evaluates the effects of the claimant’s mental impairments on each of the four areas of mental functioning using a five-point scale—no limitation, mild limitation, moderate limitation, marked limitation, or extreme limitation. See id. pt. 404, subpt. P, app. 1, § 12.00(F)(1)–(2). To satisfy the paragraph B criteria, a mental disorder must result in either an extreme limitation of one or a marked limitation of two of the four areas of mental functioning. Id. pt. 404, subpt. P, app. 1, § 12.00(A)(2)(b). After reviewing the record, the ALJ found that Plaintiff had a marked limitation in concentrating, persisting, or managing pace and moderate limitations in the other three paragraph B criteria. (Tr. at 22–23.) Because Plaintiff’s mental impairments did not satisfy the paragraph B criteria by causing at least two moderate limitations or one extreme one, the ALJ determined that Plaintiff’s impairments failed to meet or medically equal the severity of one of the Listings. (See id.) In Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 10 of 23 PageID <pageID>
-11- challenging the ALJ’s step-three decision, Plaintiff focuses on the paragraph B criteria, arguing that the ALJ erred when she found Plaintiff to have a merely moderate, rather than marked, limitation in adapting or managing herself. (Pl. Br. at 13.) Plaintiff contends that “it is not apparent” from reading the ALJ’s decision “why the ALJ found greater limitations in concentration/persistence/pace than in adapting/managing.” (Id. at 13.) The ALJ assessed the evidentiary record, including Plaintiff’s testimony as well as objective medical facts, and concluded that Plaintiff had a marked limitation in concentration, persistence, or maintaining pace, citing Plaintiff’s ability to drive, play games, prepare meals, and manage her own medical care as reasons why she was not extremely limited in this area of mental functioning. (Tr. at 23.) Plaintiff argues that the ALJ’s analysis of adapting or managing oneself is flawed because it does not explain—if the ALJ is relying on the same evidence as she did in the previous domain, and Plaintiff is still capable of performing the same activities—why those “same activities should not dispel only extreme limitation (and allow marked limitation) in this domain.” (Reply at 2.) If the ALJ’s analysis of one of the paragraph B criteria resulted in the finding that “Plaintiff was more limited than opined by the opinion evidence that the ALJ found persuasive,” why did the ALJ’s analysis of another not result in the same finding? (Pl. Br. at 13.) Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 11 of 23 PageID <pageID>
-12- Plaintiff’s argument suggests a set of paragraph B criteria that each measure the same quality, taking in the same evidence and necessarily arriving at the same limitation rating. But the four paragraph B criteria are distinct categories, each capturing its own broad area of mental functioning defined with a list of example actions and activities. See 20 C.F.R. pt. 404, subpt. P, app. 1, § 12.00(E). Different facts, opinions, and portions of testimony within the same evidentiary record will be relevant to the ALJ depending on the area in which the claimant’s limitations are being measured. The concentrating, persisting, or maintaining pace area of mental functioning refers to “the abilities to focus attention on work activities and stay on task at a sustained rate.” Id. pt. 404, subpt. P, app. 1, § 12.00(E)(3). To assess Plaintiff’s ability to concentrate, persist, or maintain pace, the ALJ first analyzed her testimony, weighing Plaintiff’s contention that “she has limitations in concentrating generally, paying attention longer than 30 minutes before requiring a break, focusing generally, following instructions, completing tasks, avoiding distractions, and maintaining a regular work schedule,” against her claims that she is also “able to drive, prepare meals, watch television, do crafts, read, play games, use the internet, and handle her own medical care.” (Tr. at 23 (citing various records)). The ALJ then turned to the objective medical evidence in the record and found no mention of “distractibility.” (Id.) The ALJ concluded Plaintiff has marked limitations in this domain. (Id.) By contrast, the adapting or managing oneself area of mental Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 12 of 23 PageID <pageID>
-13- functioning refers to “the abilities to regulate emotions, control behavior, and maintain well-being in a work setting.” 20 C.F.R. pt. 404, subpt. P, app. 1, § 12.00(E)(4). Given the different ranges of activity covered by each criterion, it was reasonable for the ALJ to determine that not all of the evidence discussed in the “concentrating, persisting, or maintaining pace” analysis would be relevant to the “adapting or managing oneself” analysis. Plaintiff’s repeated references to McCullough v. Berryhill, No. SA-18-CV-00128- ESC, 2019 WL 1431124 (W.D. Tex. Mar. 29, 2019), in its argument against the ALJ’s step-three decision also indicate a misunderstanding of the paragraph B criteria. In McCullough, a claimant challenged an ALJ’s step-three decision that the claimant’s impairments did not meet or medically equal the criteria of then-Listing 1.04A (disorders of the spine). Id. at *5. The relevant criteria for Listing 1.04A was evidence of “nerve root compression characterized by neuro-anatomic distribution of pain,” limited “motion of the spine, motor loss . . . accompanied by sensory or reflex loss,” and “positive straight-leg raising test.” Id. at *9. Denying that the claimant’s impairments met the criteria of Listing 1.04A, the ALJ merely wrote that “there is no evidence of nerve root compression . . . resulting in an inability to ambulate.” Id. at *9. The court found error in the ALJ’s decision. Id. at *10. In its appeal to the court, the claimant cited to medical evidence in the record that the ALJ had ignored that supported a finding that his impairments met the criteria of Listing 1.04A. McCullough, 2019 WL 1431124, at *10. But the more fundamental error in the ALJ’s Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 13 of 23 PageID <pageID>
-14- decision was that, even if her explanation was supported by substantial evidence, it would have been insufficient to support a finding that the claimant’s impairments did not satisfy the criteria of Listing 1.04A, because the Listing encompasses a broader category of nerve root compressions than just those that result in an inability to ambulate. Id. at *9. Plaintiff likens the present case to McCullough, arguing that, just as the ALJ in McCullough erred by only addressing a narrow subset of the relevant criteria, the ALJ here erred in her treatment of the final paragraph B criterion by “focus[ing] on the management of isolative activities,” ignoring that Plaintiff’s “issues in this domain were centered on adapting to changes.” (Pl. Br. at 13.) But this comparison is not well-founded. In McCullough, the ALJ was to determine if the claimant’s impairments met or medically equaled the severity of “nerve root compression characterized by” a list of specific conditions and side effects; the ALJ’s conclusion was that there was no evidence the claimant suffered nerve root compression characterized by a condition that is not mentioned in the Listing. McCullough, 2019 WL 1431124, at *9. The ALJ’s decision was faulty because the answer it provided did not resolve the question it posed. Here, the ALJ was tasked with rating Plaintiff’s ability to adapt or manage herself. Plaintiff argues that the ALJ’s cited evidence for why she is only moderately limited in this domain, such as her ability to handle self-care and personal hygiene, is related solely to her ability to manage herself and does not weigh against her issues Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 14 of 23 PageID <pageID>
-15- adapting to change. (Pl. Br. at 13.) In comparing the present case to McCullough, the implication seems to be that the ALJ truly only decided that Plaintiff was moderately limited in managing herself, ignoring her significant limitations in adapting herself and failing to fully rate her abilities in this domain. But the ability to adapt or manage oneself is a single criterion, covering a broad range of mental functioning including “managing your psychologically based symptoms; distinguishing between acceptable and unacceptable work performance; setting realistic goals; making plans for yourself independently of others; [and] maintaining personal hygiene and attire appropriate to a work setting.” 20 C.F.R. pt. 404, subpt. P, app. 1, § 12.00(E)(4). For each of the paragraph B criteria, the ALJ is to assess one “rating of limitation [for] the whole area of mental functioning,” not separate ratings for “each individual part.” Id. pt. 404, subpt. P, app. 1, § 12.00(F)(3)(f)(ii). Thus, evidence concerning Plaintiff’s ability to manage herself should not be siloed away from her difficulties adapting to change. Plaintiff asserts that the ALJ in this case, like the ALJ in McCullough, “addressed part of the facts relevant to the issues assessed,” but failed to “consider[ ] other, more relevant facts, the due consideration of which might change the result of the case.” (Pl. Br. at 13.) But in that case, the claimant could cite to evidence in the record supporting his contentions, and the ALJ’s decision was so lacking in explanation or detail it was difficult “to understand how, or whether, [the ALJ] evaluated this evidence” at all. McCullough, 2019 WL 1431124, at *10. Here, Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 15 of 23 PageID <pageID>
-16- Plaintiff fails to identify the “relevant facts” ignored by the ALJ that could have altered the outcome of her decision. In her assessment, the ALJ cited Plaintiff’s testimony when she acknowledged Plaintiff’s “difficulties handling stress, handling change, and managing her mood.” (Tr. at 23.) But the ALJ also noted Plaintiff’s statements in that same testimony that she was “able to handle self-care and personal hygiene, care for pets, and care for plants.” (Id.) The ALJ then surveyed the objective evidence, which showed Plaintiff had “appropriate grooming and hygiene, no problem getting along well with providers and staff, and no problems with temper control.” (Id.) Based on these findings, the ALJ concluded that Plaintiff has moderate limitations in the domain of adapting or managing herself. (Id.) This finding is rooted in substantial evidence—“such relevant evidence as a reasonable mind might accept to support a conclusion.” Ripley, 67 F.3d at 555 (quoting Greenspan, 38 F.3d at 236). In her assessment of Plaintiff’s limitations across the four paragraph B criteria, the ALJ explained her analysis of each criterion and cited the evidentiary sources she relied upon in determining each limitation rating. (See Tr. at 22–24.) “In this regard, the ALJ’s decision far exceeds the substantial evidence burden, which is satisfied by more than a mere scintilla but less than a preponderance.” Daily o/b/o T.S. v. Comm’r, No. 4:20-CV-01347-O-BP, 2022 WL 598524, at *5 (N.D. Tex. Feb. 9, 2022) (cleaned up). Finding more than a mere Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 16 of 23 PageID <pageID>
-17- scintilla of evidence in support of the ALJ’s conclusion, the undersigned sees no reason to reverse the Commissioner’s decision at step three. B. The ALJ’s step-five finding is supported by substantial evidence. At step five of the five-step sequential evaluation process, the “Commissioner bears the burden of establishing that the claimant is capable of performing work in the national economy.” Greenspan, 38 F.3d at 236 (citing Bowen, 482 U.S. at 146 n.5). “Work exists in the national economy when there is a significant number of jobs (in one or more occupations) having requirements” which the claimant is able to meet with her age, education, work experience, and assessed RFC. 20 C.F.R. § 404.1566(b), § 404.1520(a)(4)(v). To prove that such work exists, ALJs will often rely on “the testimony of a VE” identifying occupations listed in the Department of Labor’s Dictionary of Occupational Titles (“DOT”) “in response to a hypothetical question.” Vogt v. Astrue, No. 3:11-CV-315-BH, 2011 WL 5245421, at *13 (N.D. Tex. Nov. 2, 2011) (citing Bowling, 36 F.3d at 435). In this case, the ALJ determined that Plaintiff had the RFC to perform light work as defined in 20 C.F.R. § 404.1567(b) subject to a list of limitations. (Tr. at 24.) The limitation at issue here states that Plaintiff can “understand, remember and carry out simple tasks with simple instructions in a routine work setting.” (Id.) During the January 23, 2024, telephone hearing, the ALJ asked the VE what jobs could be performed by a hypothetical person of the same age, education, and work experience as Plaintiff, with limitations identical to those listed in Plaintiff’s RFC. (Id. at 96– Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 17 of 23 PageID <pageID>
-18- 98.) The VE identified retail marker (DOT 209.587-034), routing clerk (DOT 222.687-022), and mail clerk (DOT 209.687-026) as occupations the hypothetical individual could perform, (id. at 98), and at step five of the evaluation process, the ALJ cited these jobs when she found that there was other work in the national economy that Plaintiff was capable of performing, (id. at 30–31). The ALJ also asked the VE during the hearing to identify jobs at the level of sedentary work that the same hypothetical person could perform. (Tr. at 98.) Plaintiff contends harmful error on the part of the ALJ because the sedentary occupations identified by the VE—document preparer, small item inspector, and table worker—may not be significant in number. (Pl. Br. at 11.) But the number of jobs available in these occupations is irrelevant to the ALJ’s decision. In determining Plaintiff’s RFC, the ALJ found that Plaintiff is capable of light work with specific limitations, not restricted to sedentary work, (Tr. at 24), and none of these sedentary occupations factored into the ALJ’s written decision at any step of the evaluation process, (see id. at 19–32). Plaintiff cannot show harmful error relating to the identified sedentary jobs. Plaintiff’s principal argument at this stage is that the ALJ’s step-five decision was not supported by substantial evidence because Plaintiff’s assessed RFC conflicts with the reasoning levels required to perform the jobs identified for her at this step. (Pl. Br. at 8–10.) Plaintiff’s RFC determination provides that she can “understand, remember and carry out simple tasks with simple instructions in a routine work Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 18 of 23 PageID <pageID>
-19- setting.” (Tr. at 24.) Based on the VE’s testimony, the ALJ found that Plaintiff was capable of performing DOT-listed jobs like retail marker, routing clerk, and mail clerk. (Id. at 31.) Retail marker and routing clerk each require a reasoning level of two, defined as “Apply commonsense understanding to carry out detailed but uninvolved written or oral instructions. Deal with problems involving a few concrete variables in or from standardized situations.” E.g., DOT 209.587-034, available at 1991 WL 671802. Mail clerk requires the higher reasoning level of three, defined as “Apply commonsense understanding to carry out instructions furnished in written, oral, or diagrammatic form. Deal with problems involving several concrete variables in or from standardized situations.” E.g., DOT 209.687-026, available at 1991 WL 671813. Plaintiff’s contention is that the ALJ’s determination that her RFC is limited to understanding and carrying out “simple tasks with simple instructions” cannot coexist with an ALJ finding that she is capable of performing a job in which she would be required to “carry out detailed but uninvolved” instructions. (See Pl. Br. 8–10.) Plaintiff’s argument is focused on a plain reading of the key phrases in a vacuum, assigning importance to the ALJ’s decision to go beyond the limitation to “simple and detailed but not complex tasks” recommended by state agency psychological consultants and instead “further limit[ ] the claimant to simple tasks.” (Tr. at 28.) If the ALJ decided Plaintiff could not handle “detailed but not complex Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 19 of 23 PageID <pageID>
-20- tasks,” how can the ALJ then support the finding that she can carry out “detailed but uninvolved” instructions? Because these phrases arise in different contexts. “The use of the word ‘detailed’ in the DOT is not equivalent to the word ‘detailed’ as used in the Social Security regulations.” Godwin v. Comm’r, No. 4:23- CV-00607-O-BP, 2024 WL 3015325, at *4 (N.D. Tex. May 30, 2024) (cleaned up), rec. adopted, 2024 WL 3015541 (N.D. Tex. June 14, 2024). “The Social Security Regulations have only two categories of abilities with regard to understanding and remembering instructions—either ‘short and simple,’ or ‘detailed’ or ‘complex,’ while the DOT has six levels for measuring this ability.” Abshire v. Astrue, No. CV07- 1856-LC, 2008 WL 5071891, at *8 (W.D. La. Oct. 29, 2008) (cleaned up), rec. adopted, 2008 WL 5746955 (W.D. La. Dec. 1, 2008). The DOT’s six levels of reasoning, ranging from “the most mundane” to the “most complex,” provide a “much more graduated, measured and finely tuned scale” to categorize occupations than the Social Security Regulations’ two-tiered approach. Meissl v. Barnhart, 403 F. Supp. 2d 981, 984 (C.D. Cal. 2005). To treat “simple” and “detailed” as bearing identical meanings in the DOT and the Social Security Regulations would “necessarily mean that all jobs with a reasoning level of two or higher are” closed off when an ALJ limits a claimant’s RFC to “simple tasks,” an approach that would not be “in keeping with the finely calibrated nature in which the DOT measures a job’s simplicity.” Id. Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 20 of 23 PageID <pageID>
-21- Relying on a surface level reading of the key phrases at issue in this case, Plaintiff fails to invoke any legal authority that supports her position. This is because “courts in the Fifth Circuit, as well as appellate and district courts outside the Fifth Circuit, have already determined that there is no direct or apparent conflict between an RFC limiting a plaintiff to simple instructions or tasks and testimony that a plaintiff may perform work at a reasoning level of two.” Alma H. v. Comm’r, No. 3:24-cv-1895-BK, 2025 WL 2592525, at *4 (N.D. Tex. Sept. 5, 2025) (cleaned up). Rather, a “reasoning level of two has repeatedly been found to be consistent with” the ability to understand “simple instructions and perform simple tasks.” Castillo v. Colvin, No. H-12-3512, 2014 WL 897798, at *14 (S.D. Tex. March 6, 2014) (collecting cases); see, e.g., Martinez v. O’Malley, No. EP-CV-00145-ATB, 2025 WL 913476, at *11 (W.D. Tex. Mar. 25, 2025) (finding an RFC limitation to “simple tasks” consistent with jobs requiring a reasoning level of two). There is no conflict between Plaintiff’s RFC and the ALJ’s determination that she can perform jobs requiring a reasoning level of two. Plaintiff argues that, even if her RFC allows her to perform jobs requiring a reasoning level of two, the ALJ cannot support the determination that Plaintiff is capable of performing work as a mail clerk, requiring the more involved reasoning level three ability to “carry out instructions furnished in written, oral, or diagrammatic form” and solve “problems involving several concrete variables in or from standardized situations.” E.g., DOT 209.687-026, available at 1991 WL 671813. Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 21 of 23 PageID <pageID>
-22- Circuits have split on the question of whether a claimant limited to “simple tasks with simple instructions” can perform jobs requiring a DOT reasoning level of three. Compare Terry v. Astrue, 580 F.3d 471, 478 (7th Cir. 2009) (finding no conflict between job requiring reasoning level three and claimant’s limitation to simple work), with Hackett v. Barnhart, 395 F.3d 1168, 1176 (10th Cir. 2005) (finding claimant’s limitation to “simple and routine work tasks” inconsistent with “the demands of level-three reasoning”). The Fifth Circuit has not yet weighed in on this issue, but courts within the Circuit have found that a reasoning level of three “does not directly conflict with an RFC restricting a plaintiff to short and simple instructions.” Godwin, 2024 WL 3015325, at *5; McMilian v. Colvin, No. 4:12-CV-661-A, 2014 WL 61172, at *5 (N.D. Tex. Jan. 6, 2014) (highlighting a “series of cases” holding limitations to “simple, routine work tasks” compatible with reasoning level three); Longoria v. Colvin, No. 3:13-CV-1690-B-BK, 2014 WL 2777473, at *8 (N.D. Tex. May 21, 2014) (finding no facial conflict between the definition of reasoning level three and an RFC limitation to “simple, repetitive work”), rec. adopted, 2014 WL 2777375 (N.D. Tex. June 18, 2014). The undersigned is persuaded that the “weight of authority supports a determination that” a limitation to simple tasks with simple instructions “could support work with a reasoning level of two or three.” Smith v. Colvin, No. 3:13-CV- 1884-N, 2014 WL 1407437, at *6 (N.D. Tex. Mar. 24, 2014), rec. adopted, WL 1407440 (N.D. Tex. Apr. 11, 2014). Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 22 of 23 PageID <pageID>
-23- V. RECOMMENDATION For the foregoing reasons, the undersigned RECOMMENDS that the Commissioner’s decision be AFFIRMED. SO RECOMMENDED on February 2, 2026. BRIAN McKAY UNITED STATES MAGISTRATE JUDGE INSTRUCTIONS FOR SERVICE AND NOTICE OF RIGHT TO APPEAL/OBJECT A copy of this report and recommendation will be served on all parties in the manner provided by law. Any party who objects to any part of this report and recommendation must file specific written objections within 14 days after being served with a copy. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). To be specific, an objection must identify the finding or recommendation to which objection is made, state the basis for the objection, and indicate the place in the magistrate judge’s report and recommendation where the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the magistrate judge is not specific. Failure to file specific written objections will bar the aggrieved party from appealing the factual findings and legal conclusions of the magistrate judge that are accepted or adopted by the district court, except upon grounds of plain error. See Douglass v. United Services Automobile Ass’n, 79 F.3d 1415, 1417 (5th Cir. 1996), modified by statute on other grounds, 28 U.S.C. § 636(b)(1) (extending the time to file objections to 14 days). Case 6:24-cv-00092-H-BW Document 30 Filed 02/02/26 Page 23 of 23 PageID <pageID>
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