1:24-cv-01483•Hollis v. Commissioner of Social Security
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1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION DIANE HOLLIS, Plaintiff, v. FRANK BISIGNANO, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. § § § § § § § § 1:24-CV-1483-RP-ML REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE TO THE HONORABLE ROBERT PITMAN UNITED STATES DISTRICT JUDGE: This is an action for judicial review, pursuant to 42 U.S.C. § 405(g), of the final decision of the Acting Commissioner of the Social Security Administration, in their official capacity (“the Commissioner”), denying disability benefits to Plaintiff.1 Before the court are Plaintiff’s Opening Brief (Dkt. 11), Defendant’s Brief in Support of the Commissioner’s Decision (Dkt. 13), Plaintiff’s Reply Brief (Dkt. 14), and the Record of the Social Security administrative hearing in this matter (Dkt. p), cited as TR __. Having considered the briefing, the record below, and the case file as a whole, the Magistrate Judge submits this Report and Recommendation to the District Judge. 1 All matters in the case were referred to the Honorable Mark Lane, United States Magistrate Judge, for report and recommendation (R&R) pursuant to 28 U.S.C. § 636(b) and Rule 1(h) of Appendix C of the Local Court Rules of the United States District Court for the Western District of Texas, Local Rules for the Assignment of Duties to United States Magistrate Judges. Case 1:24-cv-01483-RP Document 17 Filed 11/19/25 Page 1 of 16
2 I. PROCEDURAL HISTORY On March 29, 2021, Diane Hollis filed an application for Disability Insurance Benefits under Title II of the Social Security Act, alleging disability beginning February 28, 2020, due to arthritis with pain, back pain, hypertension, anxiety, depression, neuropathy, spine curvature, a bulging disc, a hernia in the neck, and liver and kidney issues. TR 104-05, 112. Hollis’s claim was initially denied on June 2, 2021, and upon reconsideration on February 9, 2022. TR 111, 119. After an administrative hearing held March 17, 2023 (TR 33-74), Administrative Law Judge (the “ALJ”) Michael Sauve issued an unfavorable decision dated April 24, 2023. TR 124-35. By Order dated September 18, 2023, the Appeals Council vacated the ALJ’s decision and remanded for the ALJ to determine whether Hollis’s job skills were readily transferable to other jobs. TR 140-45. The ALJ held second hearing on March 29, 2024. TR 14. Hollis participated by online video, and the hearing was also attended by Hollis’s representatives and a vocational expert (the “VE”). The ALJ issued a second unfavorable decision on May 31, 2024. TR at 14-26. Hollis appealed. The Appeals Council denied her request for review of the ALJ’s decision on October 15, 2024, thereby making the ALJ’s second decision the Commissioner’s final administrative decision. TR 1. Hollis filed this action seeking judicial review of the ALJ’s decision. Dkt. 1. II. APPLICABLE LAW A. Standard of Review Judicial review of the ALJ’s decision is limited. Specifically, the district court reviews: (1) whether the decision was supported by substantial evidence; and (2) if so, whether the Commissioner applied the proper legal standard. Copeland v. Colvin, 771 F.3d 920, 923 (5th Cir. 2014) (citing Perez v. Barnhart, 415 F.3d 457, 461 (5th Cir. 2005)). Case 1:24-cv-01483-RP Document 17 Filed 11/19/25 Page 2 of 16
3 Substantial evidence is more than a scintilla, but less than a preponderance, and is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Copeland, 771 F.3d at 923; Myers v. Apfel, 238 F.3d 617, 619 (5th Cir. 2001) (citing Greenspan v. Shalala, 38 F.3d 232, 236 (5th Cir. 1994)). It is the role of the Commissioner, and not the courts, to resolve conflicts in the evidence. Brown v. Apfel, 192 F.3d 492, 496 (5th Cir. 1999). As a result, the court “cannot reweigh the evidence, but may only scrutinize the record to determine whether it contains substantial evidence to support the Commissioner’s decision.” Leggett v. Chater, 67 F.3d 558, 564 (5th Cir. 1995). The court may not substitute its own judgment “even if the evidence preponderates against the [Commissioner’s] decision” because substantial evidence is less than a preponderance. Harrell v. Bowen, 862 F.2d 471, 475 (5th Cir. 1988). A finding of “no substantial evidence” will be made only where there is a “conspicuous absence of credible choices” or “no contrary medical evidence.” Abshire v. Bowen, 848 F.2d 638, 640 (5th Cir. 1988) (citing Hames v. Heckler, 707 F.2d 162, 164 (5th Cir. 1983)). If the Commissioner applied the proper legal standards and her findings are supported by substantial evidence, they are conclusive and must be affirmed. Spellman v. Shalala, 1 F.3d 357, 360 (5th Cir. 1993). B. Evaluation Process and Burden of Proof Disability is defined as the “inability to engage in substantial gainful activity by reasons of any medically determinable physical or mental impairment which . . . has lasted or can be expected to last for a continuous period of not less than 12 months.” 42 U.S.C. § 423(d)(1)(A). Disability claims are evaluated according to a five-step sequential process: (1) whether the claimant is currently engaged in substantial gainful activity; (2) whether the claimant has a severe medically determinable physical or mental impairment or combination of impairments; Case 1:24-cv-01483-RP Document 17 Filed 11/19/25 Page 3 of 16
4 (3) whether the claimant’s impairment or combination of impairments meets or equals the severity of an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1; (4) whether the impairment or combination of impairments prevents the claimant from performing past relevant work; and (5) whether the impairment or combination of impairments prevents the claimant from doing any other work. 20 C.F.R. § 416.920. A finding that a claimant is disabled or not disabled at any point in the process is conclusive and terminates the analysis. Greenspan, 38 F.3d at 236. The claimant bears the burden of proof on the first four steps of the sequential analysis. Leggett, 67 F.3d at 565. Once this burden is met, the burden shifts to the Commissioner to show that there is other substantial gainful employment available that the claimant is capable of performing. Anderson v. Sullivan, 887 F.2d 630, 632 (5th Cir. 1989). The Commissioner may meet this burden by the use of opinion testimony of vocational experts or by use of administrative guidelines in the form of regulations. Rivers v. Schweiker, 684 F.2d 1144, 1155 (5th Cir. 1982). If the Commissioner adequately points to potential alternative employment, the burden then shifts back to the claimant to prove that she is unable to perform the alternative work. Id. III. THE ALJ’S DECISION The ALJ determined as a threshold matter that Hollis met the insured status requirements of the Social Security Act through December 31, 2025. TR 17. The ALJ then engaged in the standard five-step sequential process, finding at step one that Hollis had not engaged in substantial gainful activity since her alleged onset date of February 28, 2020. TR 17. At step two, the ALJ found Hollis has the following severe impairments: degenerative disc disease of the cervical spine, degenerative joint disease of the right shoulder and hips, Case 1:24-cv-01483-RP Document 17 Filed 11/19/25 Page 4 of 16
5 chronic kidney disease, hepatitis-C, hypertension, atherosclerosis, peripheral neuropathy, and fibromyalgia. TR 17. At step three, the ALJ determined Hollis did 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 and 404.1526). TR 19. Before reaching step four, the ALJ determined that Hollis retains the residual functional capacity (“RFC”)2 to perform: sedentary work as defined in 20 CFR 404.1567(a) except: she can frequently climb ramps and stairs; she can occasionally climb ladders, ropes, and scaffolds; she can frequently balance, stoop, kneel, crouch, and crawl; she can frequently reach overhead on the right with the dominant extremity; she can frequently handle, finger, and feel bilaterally; and she can have occasional exposure to hazards such as unprotected heights and moving mechanical parts. TR 20. Specifically, the ALJ considered all symptoms and the extent to which these symptoms could reasonably be accepted as consistent with the objective medical evidence and other evidence. TR 20. In making this RFC assessment, the ALJ determined that Hollis’s statements concerning the intensity, persistence and limiting effects of these symptoms were not entirely consistent with the medical evidence and other evidence in the record. TR 21. As to Hollis’s mental health, the ALJ noted she had been diagnosed with mixed depressive disorder with anxiety, but the ALJ found her mental impairments were non-severe. TR 18. Hollis was prescribed Escitalopram and Buspirone by her family doctor for major depressive disorder, and in February 2023, Hollis reported doing much better with use of 2 RFC is defined as the most an individual can still do despite their limitations. 20 C.F.R. § 404.1545. The responsibility to determine a claimant’s RFC belongs to the ALJ. Id. § 404.1546; Ripley v. Chater, 67 F.3d 552, 557 (5th Cir. 1995). In making this determination, the ALJ must consider all the record evidence and determine Plaintiff’s abilities despite their physical and mental limitations. 20 C.F.R. § 404.1545. The ALJ must consider the limiting effects of the claimant’s impairments, even those that are nonsevere, and any related symptoms. See 20 C.F.R. §§ 404.1529, 404.1545. The relative weight to be given to the evidence, however, is within the ALJ’s discretion. See Chambliss v. Massanari, 269 F.3d 520, 523 n.1 (5th Cir. 2001) (citing Johnson v. Bowen, 864 F.2d 340, 347 (5th Cir. 1988)). Case 1:24-cv-01483-RP Document 17 Filed 11/19/25 Page 5 of 16
6 medications. TR 18. In May 2023, Hollis complained of fluctuations in weight, fatigue, feeling helplessness, and excessive sleeping, but she denied suicidal ideation. TR 18. Moreover, Hollis had not been hospitalized for psychiatric reasons, had not pursued formal mental health treatment, and the record showed no exacerbations that required acute care. TR 18. Further, examinations consistently indicated Hollis was alert and oriented and her memory function was within normal limits. TR 18. The ALJ noted that Hollis claimed she cannot use the first three fingers on either hand because they were injured when she tried to break up a fight between her dogs. TR 20. In January 2020, Hollis was treated in an ER following multiple dog bites. TR 21 (citing TR 922- 27). The ALJ stated, “[a]lthough [Hollis] testified that she developed neuropathy resulting from these dog bites, when seen in follow-up by primary care physician Florence Spitler, DO, in January of 2020, the wounds were healing well, and [Hollis] had no complaints.” TR 21 (citing TR 612-13). After the January 2020 visit, Hollis did not return to Dr. Spitler until March of 2021, at which time she made no report of pain and/or numbness in her hands and had no related abnormalities on exam. TR 21. Her coordination and gait were normal and there were no musculoskeletal abnormalities or neurological deficits on exam. TR 21 (citing TR 608-10). In February of 2020, lab tests confirmed abnormal kidney function testing (BUN, creatinine, eGFR, and BUN/creatinine ratio), elevated liver enzymes, and positive results for hepatitis C. TR 21 (citing TR 540-41). The evidence shows Hollis’s liver disease was asymptomatic, and she had received no treatment for hepatitis C. TR 21. After February 2020, Hollis pursued no further medical treatment for over a year, until she was seen by Dr. Spitler in March 2021. TR 21. Then, she was not seen again by a doctor until she returned to Dr. Spitler in Case 1:24-cv-01483-RP Document 17 Filed 11/19/25 Page 6 of 16
7 August of 2022 for her annual exam. TR 21. At that time, Hollis told Dr. Spitler she felt well with no or few symptoms. TR 21. However, in September 2022, Hollis was hospitalized for 9 days for chronic kidney disease and acute renal failure. TR 22. She required dialysis during her inpatient stay, but she has not required any additional dialysis treatments and there are no plans for her to be on dialysis. TR 22. At a follow up appointment in October 2022, Hollis complained of fatigue but had no other complaints, and her exam findings were within normal limits. TR 22. At a December 2022 appointment, Hollis again complained of fatigue, but her creatinine levels were stable. TR 22. At a January 2023 visit with Dr. Spitler, Hollis’s creatinine was improved to just slightly above normal, and Hollis did not report fatigue. TR 22. Hollis did report diffuse musculoskeletal pain, but she appeared healthy looking and was in no acute distress. TR 22. She had no joint tenderness or range of motion limitation on exam, and no evidence of ambulation difficulty. TR 22 (citing TR 1184-86). One month later, Hollis reported her pain was gone except for pain her upper back and right hip, but she continued to report difficulty sleeping. TR 22. At that time, Hollis had a normal physical exam. TR 22 (citing TR 1294). In May 2023, Hollis reported worsening hip pain and pain in her fingers and shoulder for the first time. TR 22. The Commissioner points out this visit was just a couple of weeks after the first unfavorable decision on Hollis’s DIB application. Dkt. 13 at 6. On exam, Hollis had tenderness to the fingertips of both hands but otherwise normal findings. TR 22. Dr. Spitler diagnosed her with fibromyalgia and chronic pain syndrome and referred her to orthopedics for evaluation. TR 22 (citing TR 1286-90). Although there was no evidence of an orthopedic evaluation, x-rays of Hollis’s right shoulder showed only minimal arthropathy in the right AC joint; x-rays of her left shoulder showed absence of the distal left clavicle but were otherwise Case 1:24-cv-01483-RP Document 17 Filed 11/19/25 Page 7 of 16
8 normal; x-rays of her bilateral hips showed minimal arthritic changes bilaterally. TR 22 (citing TR 1316-18). A March 2024 MRI of Hollis’s right hip showed osteoarthritic changes with diffuse labral tearing and degeneration, as well as possible cam type morphology of the proximal femur, TR 23 (citing TR 1449). In addition, bone densitometry showed normal bone density of the lumbar spine but osteopenia in the claimant’s left hip and femoral neck. TR 23 (citing TR 1451). Hollis testified that she has constant pain, especially in her back, hips, and hands; cannot use the first three fingers of either hand; can only take a few steps due to pain; and has severe pain in the back of her legs while sitting. TR 23. She spends most of the day either in bed or in a recliner; she cannot sit up straight and does not walk any farther than to the bathroom and back. TR 23. The ALJ concluded that “even if [Hollis’s] daily activities are truly as limited as alleged, it is difficult to attribute that degree of limitation to [Hollis’s] medical conditions, as opposed to other reasons, given the extent of the objective clinical findings in the medical record and the extent of treatment she has sought and received.” TR 23. The ALJ noted imaging studies have only shown mild arthritic changes and Hollis has no evidence of gait abnormalities. TR 23. Continuing on to step four of the sequential evaluation process, the ALJ found Hollis is unable to perform any past relevant work. TR 24. Hollis was 53 years old, which is defined as an individual closely approaching advanced age, on her disability onset date. TR 25. Hollis subsequently changed age category to advanced age. TR 25. The ALJ further found Hollis has at least a high school education and had acquired work skills from past relevant work. TR 25. Considering Hollis’s age, education, work experience, and residual functional capacity, the ALJ found Hollis has acquired work skills from past relevant work that are transferable to other occupations with jobs existing in significant numbers in the national economy. TR 25. Case 1:24-cv-01483-RP Document 17 Filed 11/19/25 Page 8 of 16
9 Accordingly, the ALJ found Hollis was not under a disability from February 28, 2020, through the date of the ALJ’s decision. TR 26. Hollis now appeals from the ALJ’s determination that she is not disabled. IV. ANALYSIS A. Issues Presented Hollis presents two issues: 1. Whether the ALJ’s assessment of the completeness of the record is supported by substantial evidence. 2. Whether the ALJ’s assessment of Dr. Spitler’s Medical Opinion was in compliance with the regulations and is supported by substantial evidence. The court will address the second issue first. B. Discussion 1. Dr. Spitler’s Medical Opinion On January 11, 2023, Florence Spitler, D.O. completed a Medical Source Statement— Mental. TR 640-42. Dr. Spitler treated Hollis since 2010 and had last seen her on January 7, 2023. TR 640. Dr. Spitler stated she had treated Hollis for acute renal failure due to glomerulonephritis leading to chronic renal failure. TR 640. She stated Hollis had diminished kidney function leading to fatigue and pain. TR 640. She further stated Hollis was unable to take most medications due to her kidney insufficiency, but was currently taking temazepam for sleep and Tylenol 500mg for pain. TR 640. Dr. Spitler checked a line indicating that Hollis’s symptoms would interfere to the extent that Hollis would be unable to maintain persistence and pace to engage in competitive employment. TR 640. She also checked a line indicating that Hollis’s symptoms moderately impair her ability to perform activities of daily living, maintain social functioning, and maintain concentration, persistence or pace. TR 640-41. She indicated Case 1:24-cv-01483-RP Document 17 Filed 11/19/25 Page 9 of 16
10 that Hollis had experienced episodes of repeated decompensation at least three times in one year, each lasting for two weeks, that cause her to withdraw from a situation or experience an exacerbation of symptoms. TR 641. Dr. Spitler indicated that even a minimal increase in mental demands or change would be predicted to cause Hollis to decompensate. TR 641. Dr. Spitler expected Hollis to miss work more than four times per month. TR 641. However, Dr. Spitler also stated Hollis did not have a history of at least one year of inability to function outside of a highly supportive living situation. TR 641. In evaluating medical opinions, the ALJ should consider: supportability, consistency, relationship to the claimant, specialization, and other factors. 20 C.F.R. § 416.920c(c); 20 C.F.R. § 404.1520c(c). The supportability and consistency factors are the most important in determining the persuasiveness of a medical opinion. 20 C.F.R. § 416.920c(b)(2); 20 C.F.R. § 404.1520c(b)(2). The ALJ is required to explain those factors and may explain, but need not explain, the remaining factors. 20 C.F.R. § 416.920c(b)(2); 20 C.F.R. § 404.1520c(b)(2). As for supportability, “[t]he more relevant the objective medical evidence and supporting explanations presented by a medical source are to support his or her medical opinion(s) . . . , the more persuasive the medical opinions . . . will be.” 20 C.F.R. § 404.1520c(c)(1). As for consistency, “[t]he more consistent a medical opinion(s) . . . is with the evidence from other medical sources and nonmedical sources in the claim, the more persuasive the medical opinion(s) . . . will be.” 20 C.F.R. § 404.1520c(c)(2). The ALJ rejected Dr. Spitler’s opinion. TR 23-24. Hollis argues the ALJ failed to adequately address the supportability and consistency factors. The ALJ found Dr. Spitler did not impose specific physical limitations on Hollis resulting from her kidney disease but instead made conclusory findings about Hollis’s ability to work, Case 1:24-cv-01483-RP Document 17 Filed 11/19/25 Page 10 of 16
11 which are findings reserved for the Commissioner. TR 23. In light of Hollis’s symptoms of fatigue and pain resulting from her diminished kidney function, the ALJ found Hollis was limited to sedentary work. TR 23. The ALJ also found “Dr. Spitler’s opinions are not persuasive because they are not supported by her objective exam findings as summarized above nor are they consistent with the longitudinal evidence.” TR 23. Specifically, Dr. Spitler opined that Hollis would have moderate limitations in her ability to perform activities of daily living, maintain social functioning, and maintain concentration, persistence, and pace. Dr. Spitler also opined that Hollis had experienced repeated episodes of decompensation. The ALJ found both of these opinions were entirely unsupported by Dr. Spitler’s exam findings, which did not address any of these areas during the period relevant to this decision. TR 24. Moreover, the ALJ noted Hollis had made no such complaints and, other than a single hospitalization in September of 2022 for renal failure, her history of medical treatment has been essentially unremarkable. TR 24. The ALJ further found Dr. Spitler’s opinion that Hollis could be expected to miss work more than four times per month due to psychologically based symptoms was unsupported and internally inconsistent because Dr. Spitler did not cite any psychiatric diagnoses to support it and Hollis had not sought any treatment from a mental health specialist. TR 24. Finally, the ALJ concluded that Dr. Spitler’s opinions were unpersuasive “[b]ecause Dr. Spitler imposed significant restrictions that were not adequately supported by underlying treatment records (hers or any other physicians).” TR 24. Hollis argues the ALJ did not sufficiently address the sufficiency factor because the ALJ did not discuss Hollis’s inability to take medications or subsequent autoimmune testing that led Dr. Spitler to consider a diagnosis of fibromyalgia, alongside polyosteoarthritis affecting multiple joints and peripheral neuropathic pain in the hands. See TR 1289-90. But the ALJ did Case 1:24-cv-01483-RP Document 17 Filed 11/19/25 Page 11 of 16
12 find Hollis has the severe impairments of fibromyalgia, degenerative joint disease of the right shoulder and hips, and peripheral neuropathy. TR 17. The ALJ did not reach the conclusions Hollis desired, but that is not the same as the ALJ failing to adequately address Dr. Spitler’s opinion. Hollis essentially argues that the ALJ should have weighed the factors differently. This is an improper invitation for the court to re-weigh the conflicting evidence, which is not the court’s role. See 42 U.S.C. § 405(g); Brown, 192 F.3d at 496. The cases Hollis cites are not persuasive. Some were not from court’s in the Fifth Circuit. And, of those that were, the ALJ’s discussion of Dr. Spitler’s opinion was far more substantial than what was described in those cases. Hollis has not shown the ALJ erred in evaluating Dr. Spitler’s opinion. 2. Completeness of the Record As noted, the ALJ did not find Dr. Spitler’s opinion persuasive. Additionally, the ALJ found the state agency experts’ opinions had no probative value and were unpersuasive because they failed to give a medical determination as to Hollis’s capacity for work activities. TR 24. The state agency medical consultants determined there was insufficient evidence to impose functional limitations due to Hollis’s repeated pattern of failure to cooperate. TR 24 (citing TR 104-11, 114-19). Hollis argues that in light of the lack of medical opinion, the ALJ failed to adequately develop the record and therefore the court cannot undertake a substantial evidence review of the Commissioner’s determination. An ALJ has a duty to develop the facts fully and fairly relating to an applicant's claim for disability benefits. Ripley v. Chater, 67 F.3d 552, 557 (5th Cir. 1995). If the ALJ does not satisfy his duty, his decision is not substantially justified. Id. Reversal of his decision, however, is appropriate only if the applicant shows that they were prejudiced. Id.; Madkins v. Bisignano, 150 Case 1:24-cv-01483-RP Document 17 Filed 11/19/25 Page 12 of 16
13 F.4th 657, 663 (5th Cir. 2025) (“The party seeking to overturn the Commissioner’s decision has the burden to show that prejudice resulted from an error.”). “The touchstone for assessing prejudice is whether errors ‘cast into doubt the existence of substantial evidence to support the ALJ's decision.’” Lozano v. Comm'r, No. 4:21-CV-1365-P, 2023 WL 2618132, at *6 (N.D. Tex. Mar. 2, 2023), report and recommendation adopted, No. 4:21-CV-01365-P, 2023 WL 2619311 (N.D. Tex. Mar. 23, 2023). It is the ALJ’s sole responsibility to weigh the evidence and formulate a plaintiff's RFC. See Newton v. Apfel, 209 F.3d 448, 452 (5th Cir. 2000). Usually, the ALJ should request a medical source statement describing the types of work that the applicant is still capable of performing, but the lack of such a statement does not make the record incomplete. Ripley v. Chater, 67 F.3d 552, 557 (5th Cir. 1995). When there is no medical source statement, the court’s inquiry focuses on whether the decision of the ALJ is supported by substantial evidence in the record. Ripley, 67 F.3d at 557. When the medical evidence that is available shows that a plaintiff suffers little physical impairment, the ALJ is permitted to render a common-sense judgment about the Plaintiff’s RFC in the workplace. Carter v. Colvin, No. 3:12-CV-01896-BF, 2013 WL 3328691, at *10 (N.D. Tex. July 2, 2013). Accordingly, the court will examine the relevant medical evidence. Hollis argues this is not a case concerning relatively little physical impairment such that the ALJ could render a commonsense judgment about functional capacity even without a physician's assessment. Hollis refers to her arthritis, joint pain, and pain in her fingers and argues the “ALJ’s failure to offer a basis for considering the effects of fibromyalgia on the evidence, ‘calls into doubt the existence of substantial evidence to support the ALJ’s assessment of the Case 1:24-cv-01483-RP Document 17 Filed 11/19/25 Page 13 of 16
14 opinion evidence[.]’” Dkt. 11 at 7 (citing Lott v. Astrue, 4:07-CV-140-A, 2008 WL 1868326, at *5 (N.D. Tex. Apr. 17, 2008)). The Commissioner points out there were no RFC assessments from the State-agency consultants in 2021 and 2022 because Hollis received minimal treatment and ignored requests for information supporting her DIB claim. Dkt 13 at 7 (citing TR 116-17). Hollis acknowledged the need for “better medical records” when she requested Appeals Council review in April 2023. Id. (citing TR 235). And soon after, Hollis returned to Dr. Spitler with new complaints of joint pain. Id. at 8 (citing TR 1286). The Commissioner also points out that ALJ noted this was the first time Hollis had reported such symptoms, and her normal exam findings and mildly abnormal imaging studies failed to corroborate the extreme functional restrictions that Hollis and Dr. Spitler alleged. Id. (citing TR 22-23). The Commissioner rejects Hollis’s argument that Hollis’s inability to substantiate her DIB claim with competent medical evidence meant that the ALJ was required to fill the gap by ordering a consultative examination. Id. The Commissioner contends “[f]urther development of the record is not required ‘unless the record establishes such an examination is necessary to enable the [ALJ] to make the disability decision.’” Id. (quoting Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987)). The undersigned agrees with the Commissioner. The only evidence supporting the extreme limitations Hollis seeks are Hollis’s own statements, not objective medical evidence. In light of the objective medical evidence, Hollis has not shown further development of the record was required. The court finds that the ALJ fulfilled his duty to develop the record and it was not necessary for the ALJ to obtain an additional medical report regarding Hollis’s conditions and her ability to work. Accordingly, substantial evidence supports the ALJ’s RFC and ultimate decision. Case 1:24-cv-01483-RP Document 17 Filed 11/19/25 Page 14 of 16
15 V. CONCLUSION As previously stated, the court’s role here is to determine whether the ALJ’s decision was supported by substantial evidence and whether the ALJ applied the proper legal standard. Copeland, 771 F.3d at 923. It is the court’s responsibility to ensure the ALJ’s decision is supported by more than a scintilla of evidence and that the ALJ properly applied the relevant standards. The court cannot find the ALJ erred against Hollis in this case without substituting his judgment for that of the ALJ, which he will not do. VI. RECOMMENDATION The undersigned RECOMMENDS the District Judge AFFIRM the Commissioner’s decision in all aspects and DISMISS the complaint. The referral to the Magistrate Judge should now be CANCELED. VII. OBJECTIONS A copy of this report and recommendation shall 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 fourteen days after being served with a copy. See 28 U.S.C. § 636(b)(1) (2014); FED. R. CIV. P. 72(b). To be specific, an objection must identify the specific finding or recommendation to which objection is made, state the basis for the objection, and specify 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 Case 1:24-cv-01483-RP Document 17 Filed 11/19/25 Page 15 of 16
16 magistrate judge that are accepted or adopted by the district court, except upon grounds of plain error. See Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1417 (5th Cir. 1996). SIGNED November 19, 2025. _______________________________ MARK LANE UNITED STATES MAGISTRATE JUDGE Case 1:24-cv-01483-RP Document 17 Filed 11/19/25 Page 16 of 16
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