4:24-cv-04156•Toomer v. O'Malley
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CHARIKA T., Plaintiff, § § § § § § § § § v. CIVIL ACTION NO. 4:24-cv-4156 FRANK BISIGNANO, Defendant. MEMORANDUM AND RECOMMENDATION Plaintiff Charika T. (“Plaintiff”) filed this lawsuit against Defendant Frank Bisignano1 (“Commissioner”) seeking review of the denial of benefits under Title II of the Social Security Act. (ECF Nos. 1, 9). Plaintiff filed a Brief in Support of her Social Security Appeal. (ECF No. 9). Pending before the Court2 is the Commissioner’s Motion for Summary Judgment. (ECF No. 15). Plaintiff opposes the motion. (ECF No. 16). Based on a review of the motion, arguments, and relevant law, the Court RECOMMENDS Commissioner’s Motion for Summary Judgment (ECF No. 15) be GRANTED. The Court 1 Frank Bisignano was sworn in as the Commissioner of Social Security on May 7, 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.”). 2 On October 28, 2024, this case was referred to the Undersigned for all purposes pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Federal Rule of Civil Procedure 72. (ECF No. 3). United States District Court Southern District of Texas ENTERED January 23, 2026 Nathan Ochsner, Clerk Case 4:24-cv-04156 Document 17 Filed 01/23/26 in TXSD Page 1 of 12
2 FURTHER RECOMMENDS the Commissioner’s decision be AFFIRMED and the case be DISMISSED WITH PREJUDICE. I. Background Plaintiff filed a claim for disability insurance benefits on January 5, 2023, alleging disability starting on March 23, 2018. (ECF No. 5-4 at 20).3 Plaintiff’s claims were initially denied by the Social Security Administration (“SSA”) on April 27, 2023, and again on reconsideration on July 17, 2023.4 (Id.). On August 31, 2023, Plaintiff requested a hearing before an Administrative Law Judge. (Id.). On January 24, 2024, Administrative Law Judge (“ALJ”) David Gutierrez held a telephonic hearing. (Id.). Plaintiff was represented by counsel at the hearing. (Id.). Teresa Rodgers, a vocational expert (“VE”), appeared and testified at the hearing. (Id.). On February 16, 2024, ALJ Gutierrez issued a decision, finding Plaintiff not disabled at Step Five.5 (Id. at 3 The Administrative Record in this case can be found at ECF No. 5. 4 Plaintiff had filed a previous application for disability insurance benefits on October 2, 2019, which was denied on February 14, 2020; therefore, her instant application could only address disability from the period of time beginning on February 15, 2020. (ECF No. 5-3 at 18). 5 In considering a disability claim, an ALJ must conduct a five-step evaluation that examines: (1) whether the claimant is currently engaged in substantial gainful activity; (2) whether the claimant has a severe impairment; (3) whether the claimant’s impairment meets or equals the severity of an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1; (4) whether the impairment prevents the claimant from doing past relevant work; and (5) whether the impairment prevents the claimant from doing any other work. Masterson v. Barnhart, 309 F.3d 267, 271 (5th Cir. 2002) (citing 20 C.F.R. § 404.1520). Case 4:24-cv-04156 Document 17 Filed 01/23/26 in TXSD Page 2 of 12
3 33). On February 28, 2024, the Appeals Council remanded Plaintiff’s case. (Id. at 40). The Appeals Council Order stated: The [ALJ] hearing decision does not contain adequate rationale for the assessed non-exertional limitations. The residual functional capacity assessment is the most a claimant is capable of doing despite their limitations, and the assessment must include a narrative discussion describing how the evidence supports each conclusion, citing specific medical facts (e.g., laboratory findings) and nonmedical evidence (e.g., daily activities, observations) . . . The hearing decision, however, does not contain a narrative discussion regarding these limitations in the residual functional capacity. Specifically, it is unclear as to what evidence was considered in limiting the claimant to no work as part of a team or in tandem with others or tolerate contact with the general public for no more than 10% of the workday. Therefore, further evaluation of the claimant’s residual functional capacity is necessary. (Id. at 42). The Appeals Council directed the ALJ on remand to give “further consideration to the claimant’s maximum residual functional capacity and provide appropriate rationale with specific references to evidence of record in support of the assessed limitations.” (Id. at 43). On July 10, 2024, ALJ Ross Stubblefield held a telephonic hearing. (ECF No. 5-3 at 18). Plaintiff was represented by counsel at the hearing. (Id.). Kassandra Humphress, a VE, appeared and testified at the hearing. (Id.). At Step One, the ALJ found Plaintiff had engaged in substantial gainful activity from September 2021 to December 2022. (Id. at 21). At Step Two, the ALJ found Plaintiff has the following severe impairments: “migraine headaches; obesity; posttraumatic stress disorder; major depressive disorder; generalized Case 4:24-cv-04156 Document 17 Filed 01/23/26 in TXSD Page 3 of 12
4 anxiety disorder; and panic attacks (20 CFR 404.1520(c)).” (Id.). At Step Three, the ALJ found 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 (20 CFR 404.1520(d), 404.1525, 404.1526).” (Id. at 23). The ALJ determined that Plaintiff has the Residual Functional Capacity (“RFC”) to: perform light work as defined in 20 CFR 404.1567(b) except she can lift or carry 20 pounds occasionally and 10 pounds frequently; she can stand or walk for 6 hours in an 8 hour day; she can sit for 6 hours in an 8 hour day; she can occasionally climb ramps or stairs; she can occasionally stoop, kneel, crouch, crawl, or balance; she can never climb ropes, ladders, or scaffolds; she must avoid all exposure to unprotected heights and hazardous machinery; she can understand, remember, and carry out simple instructions; she can respond appropriately to supervisors, coworkers, the public, and usual work situations; she can deal with changes in a routine work setting; and she can have only occasional interaction with the public, coworkers, and supervisors. (Id. at 25). At Step Four, the ALJ found Plaintiff “is unable to perform any past relevant work.” (Id. at 32). At Step Five, the ALJ found there were jobs that existed in significant numbers in the national economy that Plaintiff could perform—such as a price marker, office helper, and mail sorter—and therefore Plaintiff was not disabled as defined under the Social Security Act. (Id. at 33– 34). Plaintiff appealed to the Appeals Council and the Appeals Council denied Plaintiff’s request for review on August 26, 2024. (Id. at 2). Thus, the ALJ’s Case 4:24-cv-04156 Document 17 Filed 01/23/26 in TXSD Page 4 of 12
5 decision represents the Commissioner’s final decision in the case. See Sims v. Apfel, 530 U.S. 103, 106–07 (2000). II. Legal Standard The Court’s review of a final decision of the Commissioner on a Social Security disability claim is exceedingly deferential. Taylor v. Astrue, 706 F.3d 600, 602 (5th Cir. 2012). “[R]eview of Social Security disability cases ‘is limited to two inquiries: (1) whether the decision is supported by substantial evidence on the record as a whole, and (2) whether the Commissioner applied the proper legal standard.’” Copeland v. Colvin, 771 F.3d 920, 923 (5th Cir. 2014) (quoting Perez v. Barnhart, 415 F.3d 457, 461 (5th Cir. 2005)). When the Commissioner’s decision is reached by applying improper legal standards, the decision is not supported by substantial evidence. Singletary v. Bowen, 798 F.2d 818, 823 (5th Cir. 1986). “Substantial evidence is ‘such relevant evidence as a reasonable mind might accept to support a conclusion’ and constitutes ‘more than a mere scintilla’ but ‘less than a preponderance’ of evidence.” Hardman v. Colvin, 820 F.3d 142, 147 (5th Cir. 2016) (quoting Newton v. Apfel, 209 F.3d 448, 452 (5th Cir. 2000)). “‘Any findings of fact by the Commissioner which are supported by substantial evidence are conclusive.’” Heck v. Colvin, 674 F. App’x 411, 413 (5th Cir. 2017) (quoting Taylor, 706 F.3d at 602). Even so, judicial review must not be “so obsequious as to be meaningless.” Brown v. Apfel, 192 F.3d 492, 496 (5th Cir. 1999) (quotations Case 4:24-cv-04156 Document 17 Filed 01/23/26 in TXSD Page 5 of 12
6 omitted). The substantial evidence standard is not a rubber stamp for the Commissioner’s decision and involves more than a search for evidence supporting the Commissioner’s findings. Singletary, 798 F.2d at 822–23; Cook v. Heckler, 750 F.2d 391, 393 (5th Cir. 1985). Rather, a reviewing court must scrutinize the record as a whole, taking into account whatever fairly detracts from the substantiality of evidence supporting the Commissioner’s findings. Singletary, 798 F.2d at 823. The court “‘may not reweigh the evidence . . . , nor try the issues de novo, nor substitute [its] judgment for the [Commissioner’s], even if the evidence preponderates against the [Commissioner’s] decision.’” Johnson v. Colvin, 595 F. App’x 443, 444 (5th Cir. 2015) (quoting Harrell v. Bowen, 862 F.2d 471, 475 (5th Cir. 1988)). III. Discussion Plaintiff argues the ALJ’s RFC finding is not supported by substantial evidence because “the ALJ improperly relied on his own interpretation of raw medical data to assess how [Plaintiff’s] mental and physical impairments affected her ability to work.” (ECF No. 9 at 5). Commissioner argues the ALJ’s RFC assessment is supported by substantial evidence despite the ALJ not relying on a medical opinion to formulate the RFC. (See ECF No. 15). Plaintiff notes that the state agency medical consultants found that Plaintiff had no severe impairments and did not assess how her impairments would affect her ability to work. (ECF No. 9 at 9). Plaintiff further states, Case 4:24-cv-04156 Document 17 Filed 01/23/26 in TXSD Page 6 of 12
7 “Dan Beaudry, MD, opined that [Plaintiff] had a marked limitation in her ability to understand, remember, or apply information and extreme limitations in her abilities to interact with others; concentrate, persist, or maintain pace; and adapt or manage herself because she was easily overwhelmed and had a poor frustration tolerance.” (Id.). In turn, Plaintiff argues, “the ALJ rejected all these opinions and succumbed to the temptation to play doctor. . . . [t]he ALJ [] assessed how [Plaintiff’s] physical impairments affect her ability to work without support from a medical opinion.” (Id. at 9, 11). “The ALJ makes an RFC determination based on all the relevant medical and other evidence in the record.” Gonzales v. Colvin, No. 3:15-cv-0685, 2016 WL 107843, at *9 (N.D. Tex. Jan. 11, 2016) (citing 20 C.F.R. § 404.1545(a)(1)). “[A]n ALJ’s RFC determination is improperly based on his lay opinion when substantial evidence does not support the RFC.” Moreira v. Comm’r of Soc. Sec. Admin., No. 24-cv-00021, 2025 WL 1090895, at *4 (W.D. Tex. Feb. 27, 2025), report and recommendation adopted, No. 24-cv-21, 2025 WL 943413 (W.D. Tex. Mar. 28, 2025) (citing Taylor, 706 F.3d at 602). ‘“There is no requirement that an ALJ’s RFC finding must mirror or match a medical opinion.’” Donna A. v. Comm’r of Soc. Sec., No. 5:22-cv-111, 2023 WL 5004867, at *4 (N.D. Tex. July 17, 2023), report and recommendation adopted sub nom. Donna A. v. Kijakazi, No. 5:22-cv-111, 2023 WL 5004073 (N.D. Tex. Aug. 4, Case 4:24-cv-04156 Document 17 Filed 01/23/26 in TXSD Page 7 of 12
8 2023) (quoting Nic R. v. Kijakazi, No. 3:22-cv-00106, 2023 WL 2529930, at *3 (N.D. Tex. Feb. 21, 2023)). As mentioned, to support her position that the ALJ substituted his lay opinion, Plaintiff cites the opinions of Dr. Dan Beaudry (“Dr. Beaudry”) and state agency consultants (“SAC”). (ECF No. 9 at 9). As such, the Court will address each opinion. In his opinion, the ALJ noted that Dr. Beaudry opined Plaintiff “had a marked limitation in her ability to understand, remember, or apply information, and an extreme limitation in her ability to interact with others, to concentrate, persist, or maintain pace, and to adapt or manage herself. She was easily overwhelmed, and she had a poor frustration tolerance.” (ECF No. 5-3 at 31). However, the ALJ found this opinion was not well supported by the treating psychiatric records because the records “showed [Plaintiff] experienced a good response to medications, and she demonstrated only minimal symptoms at medical visits, as reflected in recorded mental status examinations.” (Id.). Additionally, the ALJ noted that “a marked or extreme limitation [was] inconsistent with [Plaintiff’s] actual functioning” because “[s]uch severe limitation would suggest a need for inpatient treatment;” however, Plaintiff had not required inpatient treatment during the alleged period of disability. (Id.). Moreover, the ALJ determined Plaintiff had the “ability to learn new Case 4:24-cv-04156 Document 17 Filed 01/23/26 in TXSD Page 8 of 12
9 tasks and routines, apply for and interview for jobs, keep a schedule, balance her responsibilities at home and at work, and interact appropriately with supervisors and teachers.” (Id.). This is because the record showed Plaintiff was a single parent and full-time care provider to her young child; she was able to manage a household, prepare meals, and shop for groceries and necessities while also working part time or attending classes online; she attended online higher education and almost completed her bachelors’ degree; and she engaged in significant work activity throughout the alleged period of disability, some of which had risen to the level of substantial gainful activity. (Id.). As to the SACs, the ALJ explained the SACs’ opinions found Plaintiff had no severe physical or mental impairments. (Id. at 31–32). Specifically, the ALJ noted that in April 2023, a state agency medical consultant, Dr. Hope Folarin, found Plaintiff had no severe physical impairments, and three months later, another state agency medical consultant, Dr. Patty Rowley, concurred with that opinion. (Id. at 31). Upon review, the ALJ determined these opinions were supported by a 2023 physical examination showing Plaintiff had “normal gait, range of movement, and muscle strength” and “by her ability to perform a wide range of activities of daily living independently.” (Id. at 31–32). Similarly, the ALJ noted that in April 2023, a state agency psychological consultant, Dr. Linette Castillo, found Plaintiff had no severe mental impairments, and three months later, another state agency psychological Case 4:24-cv-04156 Document 17 Filed 01/23/26 in TXSD Page 9 of 12
10 consultant, Dr. Nicole Mannis, concurred with that opinion. (Id. at 32). The ALJ determined these opinions were supported by Plaintiff’s “ability to perform a wide range of activities of daily living, including managing a household, caring for a child, and managing her finances.” (Id.). However, the ALJ acknowledged the SAC opinions were inconsistent to the extent they conflicted with Plaintiff’s persistent obesity, ongoing use of migraine headache medication, reports of poor sleep, history of psychiatric hospitalization, and ongoing mental health treatment. (Id.). Accordingly, based on the totality of evidence, the ALJ determined his RFC finding based on “the treating medical evidence and the evidence of what the claimant is actually able to do.” (Id.). In light of this evidence, the ALJ concluded “[w]ith appropriate limitations, the claimant can perform a wide range of unskilled work, so she is not disabled.” (Id.). To be sure, the ALJ’s RFC determination need not completely match or mirror a medical opinion so long as his determination is supported with substantial evidence. See Mendoza v. Comm’r, Soc. Sec. Admin., No. 5:24-cv- 055-BJ, 2025 WL 906225, at *6 (N.D. Tex. Mar. 25, 2025) (“Given that an RFC determination is not required to match or mirror a medical opinion, the ALJ was permitted to develop an RFC that differed from the medical opinions provided while still being supported by substantial evidence.”). The record contains sufficient medical and evidentiary support for the ALJ’s RFC Case 4:24-cv-04156 Document 17 Filed 01/23/26 in TXSD Page 10 of 12
11 determination. See id. at *7 (“This is simply not a case where there are no credible evidentiary sources or medical findings to support the decision.”). Because the ALJ used the treating medical evidence to support his RFC determination, the ALJ did not substitute his lay opinion for medical opinions and his RFC finding is supported by substantial evidence. See Jones v. Colvin, No. 1:16-cv-271, 2017 WL 3896679, at *3 (S.D. Miss. Sep. 6, 2017) (holding the RFC that plaintiff is capable of light duty work was supported by substantial evidence as “the ALJ considered all of the medical evidence and [plaintiff’s] subjective complaints of pain.”). IV. Conclusion Based on the foregoing, the Court RECOMMENDS Commissioner’s Motion for Summary Judgment (ECF No. 15) be GRANTED. The Court FURTHER RECOMMENDS the Commissioner’s decision be AFFIRMED and the case be DISMISSED WITH PREJUDICE. The Clerk shall send copies of this Memorandum and Recommendation to the respective parties who have fourteen days from the receipt thereof to file written objections thereto pursuant to Federal Rule of Civil Procedure 72(b) and General Order 2002-13. Failure to file written objections within the time period mentioned shall bar an aggrieved party from attacking the factual findings and legal conclusions on appeal. Case 4:24-cv-04156 Document 17 Filed 01/23/26 in TXSD Page 11 of 12
12 SIGNED in Houston, Texas on January 23, 2026. ______________________________ Richard W. Bennett United States Magistrate Judge Case 4:24-cv-04156 Document 17 Filed 01/23/26 in TXSD Page 12 of 12
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