Gore v. O'Malley Case remanded to SSA.

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
BONITA G.,
Plaintiff,
v.
FRANK BISIGNANO, 1
Commissioner of the Social Security
Administration,
Defendant.
§
§
§
§
§
§
§
§
§
§
CIVIL ACTION NO. H-24-4152
MEMORANDUM AND OPINION ADOPTING
REPORT AND RECOMMENDATION
Bonita G. filed this case under the Social Security Act, 42 U.S.C. § 405(g), seeking review
of the Commissioner’s final decision denying her claims for disability insurance benefits under
Title II of the Social Security Act (the Act), 42 U.S.C. §§ 416 (i) and 423, and supplemental
security income under Title XVI of the Act, 42 U.S.C. § 1382c(a)(3). 	The parties filed cross-
motions for summary judgment. (Docket Entry Nos. 8, 15, 16). The court has reviewed the Report
and Recommendation of Magistrate Judge Dena Hanovice Palermo recommending granting the
plaintiff’s motion for summary judgment, denying the Commissioner’s motion for summary
judgment, and remanding to the Commissioner for the calculation and award of benefits. (Docket
Entry No. 17). No objections to Judge Palermos’s ruling have been filed. After considering the
pleadings, the record, and the applicable law, the court adopts Judge Palermo’s Report and
Recommendation.
1 Frank Bisignano was sworn in as the Commissioner of Social Security in May 2025. Bisignano is
“automatically substituted” as the defendant in this suit. FED. R. CIV. P. 25(d); see also 42 U.S.C. § 405(g)
(“Any action instituted in accordance with this subsection shall survive notwithstanding any change in the
person occupying the office of Commissioner of Social Security or any vacancy in such office.”).
United States District Court
Southern District of Texas
ENTERED
March 20, 2026
Nathan Ochsner, Clerk
Case 4:24-cv-04152 Document 18 Filed 03/20/26 in TXSD Page 1 of 2

2
The plaintiff filed a claim for disability insurance benefits and supplemental security
income on October 19, 2021, alleging disability beginning June 24, 2021. Following the denial of
her claims and a subsequent request for reconsideration, plaintiff requested a hearing before an
Administrative Law Judge. Plaintiff appeared with counsel at a second hearing on July 18, 2023,
at which she and a vocational expert testified. 	On August 2, 2023, the ALJ issued a decision
denying plaintiff the benefits she sought. Upon denial of review, the ALJ’s decision became the
final decision of the Commissioner. See 20 C.F.R. §§ 404.981, 416.1481.
In a detailed opinion, Judge Palermo analyzed the record and the law, recommending
granting the plaintiff’s motion for summary judgment and denying the Commissioner’s motion for
summary judgment. 	Judge Palermo recommended that the case be remanded for further
calculation and award of benefits.
The court finds that Judge Palermo properly considered the evidence and correctly applied
the applicable law. The report and recommendation of Judge Palermo is adopted as this court’s
memorandum and opinion. An order of remand to the Commissioner is separately entered.
SIGNED on March 20, 2026, at Houston, Texas.
_______________________________________
Lee H. Rosenthal
Senior United States District Judge
Case 4:24-cv-04152 Document 18 Filed 03/20/26 in TXSD Page 2 of 2