0:24-cv-04097•Case Name in Social Security Case - Unavailable
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1 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Jacob V.,1 Plaintiff, v. Frank Bisignano, Commissioner of Social Security, Defendant. Case No. 24-cv-4097 (JRT/DJF) REPORT & RECOMMENDATION Pursuant to 42 U.S.C. § 405(g), Plaintiff Jacob V. (“Plaintiff”) seeks judicial review of the Commissioner of Social Security’s (“Commissioner”) final decision denying his application for supplemental security income (“SSI”) (“Decision”). This matter is before the Court on the parties’ briefs. Plaintiff asks the Court to reverse and remand the ALJ’s decision on the ground that the ALJ failed to adequately consider his inability to function independently. (See ECF No. 9 at 12.) The Commissioner asks that the Decision be affirmed in its entirety. (ECF No. 12.) For the reasons given below, the Court recommends the Decision be affirmed. BACKGROUND I. Plaintiff’s Claim Plaintiff applied for SSI on January 8, 2022 (see Soc. Sec. Admin. R. (“R.”) 231).2 At that time, he was 21 years old (id.), with an eighth-grade level of education (R. 260). He had previous 1 This District has adopted a policy of using only the first name and last initial of any nongovernmental parties in court filings in Social Security matters. 2 The Social Security administrative record (“R.”) is filed at ECF No. 7. For convenience and ease of reference, the Court cites to the record’s pagination rather than the Court’s ECF and page numbers. CASE 0:24-cv-04097-JRT-DJF Doc. 15 Filed 10/31/25 Page 1 of 13
2 work experience as a bagger and cleaner, but he only held each job for a few months (R. 260). Plaintiff alleged a disability onset date of September 22, 2010 (R. 231), resulting from autism spectrum disorder, attention deficit hyperactivity disorder (“ADHD”), generalized anxiety disorder, avoidant/restrictive food intake disorder, panic disorder, and gastroesophageal reflux disease (“GERD”) (R. 259). II. Regulatory Background An individual is considered disabled for purposes of Social Security disability benefits if he is “unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months.” 42 U.S.C. § 1382c(a)(3)(A). In addition, an individual is disabled “only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.” 42 U.S.C. § 1382c(a)(3)(B). “[A] physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.” 42 U.S.C. § 1382c(a)(3)(D). The Commissioner has established a sequential, five-step evaluation process to determine whether an individual is disabled. 20 C.F.R. § 416.920(a)(4). At step one, the claimant must establish that he is not engaged in any “substantial gainful activity.” 20 C.F.R. § 416.920(a)(4)(i). The claimant must establish at step two that he has a severe, medically determinable impairment or combination of impairments. 20 C.F.R. § 416.920(a)(4)(ii). At step three, the Commissioner must find the claimant is disabled if the claimant has satisfied the first two steps and the claimant’s CASE 0:24-cv-04097-JRT-DJF Doc. 15 Filed 10/31/25 Page 2 of 13
3 impairment meets or is medically equal to one of the impairments listed in 20 C.F.R. Part 404, Subpart P, App’x 1 (“Listing of Impairments” or “Listing”). 20 C.F.R. § 416.920(a)(4)(iii).3 If the claimant’s impairment does not meet or is not medically equal to one of the impairments in the Listing, the evaluation proceeds to step four. The claimant then bears the burden of establishing his residual functional capacity (“RFC”) and proving that he cannot perform any past relevant work. 20 C.F.R. § 416.920(a)(4)(iv); Young v. Apfel, 221 F.3d 1065, 1069 n.5 (8th Cir. 2000). If the claimant proves he is unable to perform any past relevant work, the burden shifts to the Commissioner to establish at step five that the claimant can perform other work existing in a significant number of jobs in the national economy. Bowen v. Yuckert, 482 U.S. 137, 146 n.5 (1987). If the claimant can perform such work, the Commissioner will find that the claimant is not disabled. 20 C.F.R. § 416.920(a)(4)(v). III. Procedural History The Commissioner denied Plaintiff’s application for SSI initially (R. 120) and on reconsideration (R. 131). On August 30, 2023, at Plaintiff’s request (R. 144), an Administrative Law Judge (“ALJ”) held a hearing on Plaintiff’s application (R. 34-72). An attorney represented Plaintiff during the hearing, and Plaintiff and a Vocational Expert (“VE”) testified. (Id.) The ALJ issued her Decision on November 24, 2023. (R. 12-28.) The ALJ determined at step one of the sequential analysis that Plaintiff had not engaged in substantial gainful activity since the application date, January 6, 2022. (R. 17.) At step two, the ALJ found Plaintiff had the following severe impairments: anxiety disorder with panic attacks; autism spectrum disorder; depressive disorder; ADHD; cognitive dysfunction; and avoidance 3 The Listing of Impairments is a catalog of presumptively disabling impairments categorized by the relevant “body system” affected. See 20 C.F.R. Part 404, Subpart P, App. 1. CASE 0:24-cv-04097-JRT-DJF Doc. 15 Filed 10/31/25 Page 3 of 13
4 restrictive food intake disorder with low body mass index (“BMI”). (Id.) The ALJ also found Plaintiff had received treatment for dermatitis, COVID-19, dental problems, and asthma with allergies, but deemed these impairments non-severe. (R. 18.) At step three, the ALJ concluded that none of Plaintiff’s impairments individually or collectively met or medically equaled any impairment in the Listing. (R. 18-20.) The ALJ then determined Plaintiff’s RFC. She found that: [Plaintiff] has the residual functional capacity to perform a full range of work at all exertional levels but with the following nonexertional limitations: no exposure to hazards such as moving machinery or unprotected heights. [Plaintiff] can perform simple routine tasks involving only simple work-related decisions and routine workplace changes. [Plaintiff] can have no interaction with general public. [Plaintiff] can have occasional interaction with coworkers and supervisors, but no tandem tasks with coworkers. [Plaintiff] can perform no fast-paced production requirements, defined as work requiring hourly or more frequent production quotas. (R. 20.) In reaching this determination, the ALJ reviewed the record in detail, taking into consideration the medical opinions and prior administrative medical findings in the record, Plaintiff’s medical testing, examination and treatment history, his testimony regarding his symptoms and abilities, his employment history, and his activities of daily living. (R. 20-26.) After determining Plaintiff’s RFC, the ALJ found at step four of the sequential analysis that Plaintiff had no past relevant work. (R. 26.) Relying on the VE’s testimony, the ALJ determined at step five that, considering Plaintiff’s age, education, work experience, and RFC, there are other jobs that exist in significant numbers in the national economy that Plaintiff can perform, including: store laborer (DOT 922.687-058, with around 46,000 jobs in the national economy); cleaner 2 (DOT 919.687-014, with around 55,000 jobs in the national economy); and marker (DOT 209.587-034, with around 60,000 jobs in the national economy). (R. 26-27.) Based CASE 0:24-cv-04097-JRT-DJF Doc. 15 Filed 10/31/25 Page 4 of 13
5 on these findings, the ALJ concluded Plaintiff was not disabled. (R. 27.) The Appeals Council denied Plaintiff’s request for review of the ALJ’s decision (R. 1), and this lawsuit followed. DISCUSSION Plaintiff challenges the ALJ’s Decision on the sole ground that the ALJ’s RFC determination does not adequately address Plaintiff’s inability to function independently. Plaintiff argues the Decision was thus unsupported by substantial evidence. (See ECF No. 9 at 12.) I. Standard of Review The Court’s review of the Commissioner’s Decision is limited to determining whether the Decision is “supported by substantial evidence on the record as a whole.” McKinney v. Apfel, 228 F.3d 860, 863 (8th Cir. 2000). When “[c]onsidering the record as a whole, [the Court] must take into account record evidence that fairly detracts from the ALJ’s decision.” Grindley v. Kijakazi, 9 F.4th 622, 627 (8th Cir. 2021) (citation modified). “Substantial evidence … is more than a mere scintilla.” Biestek v. Berryhill, 139 S. Ct. 1148, 1154 (2019) (citation modified). It is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. (quoting Consol. Edison Co. v. NLRB, 305 U.S. 197, 229 (1938)). This “threshold … is not high.” Id. “If, after reviewing the record, the court finds it is possible to draw two inconsistent positions from the evidence and one of those positions represents the [ALJ’s] findings, the court must affirm the [ALJ’s] decision.” Perks v. Astrue, 687 F.3d 1086, 1091 (8th Cir. 2012) (quotation omitted). Even if the Court disagrees with how the ALJ weighed the evidence, the Court may not substitute its own judgment for that of the Commissioner. Johnson v. Barnhart, 390 F.3d 1067, 1069-70 (8th Cir. 2004). Remand is warranted when the ALJ’s opinion contains insufficient factual findings that “considered in light of the record as a whole, are insufficient to permit [the] Court to conclude that CASE 0:24-cv-04097-JRT-DJF Doc. 15 Filed 10/31/25 Page 5 of 13
6 substantial evidence supports the Commissioner’s decision.” Scott ex rel. Scott v. Astrue, 529 F.3d 818, 822 (8th Cir. 2008); see also Chunn v. Barnhart, 397 F.3d 667, 672 (8th Cir. 2005) (remanding because the ALJ’s factual findings were insufficient for meaningful appellate review). At minimum, the ALJ must build a logical bridge between the evidence and the RFC she creates. She does so by “includ[ing] a narrative discussion describing how the evidence supports each conclusion.” Social Security Ruling (“SSR”) 96-8p, 1996 WL 374184, at *7. “[T]he [ALJ] must also explain how any material inconsistencies or ambiguities in the evidence in the case record were considered and resolved.” Id.; see also Lee R. v. Kijakazi, No. 20-cv-1989 (BRT), 2022 WL 673259, at *4 (D. Minn. Mar. 7, 2022) (finding ALJ failed to create a “logical bridge” between the evidence and his conclusions); Weber v. Colvin, No. 16-cv-332 (JNE/TNL), 2017 WL 477099, at *26 (D. Minn. Jan. 26, 2019) (same). If the ALJ has adequately explained her analysis and substantial evidence supports the Decision, then the Court must affirm it. II. The ALJ’s RFC Determination Upon carefully reviewing Plaintiff’s testimony, medical records, treatment history, examination records, activities of daily living, and the opinions of the state agency medical consultants, the ALJ determined that Plaintiff’s “medically determinable impairments could reasonably be expected to cause the alleged symptoms.” But the ALJ also determined Plaintiff’s “statements concerning the intensity, persistence and limiting effects of these symptoms are not entirely consistent with the medical evidence and other evidence in the record ... Specifically, the location, duration, frequency, and intensity of his symptoms are inconsistent with a claim for disability.” (R. 24.) In reaching this conclusion, the ALJ pointed to Plaintiff’s initial function report, his hearing testimony, and mental status reports supporting a finding that Plaintiff’s mental disabilities CASE 0:24-cv-04097-JRT-DJF Doc. 15 Filed 10/31/25 Page 6 of 13
7 included “severe anxiety, depression, and ADHD.” (Id.) The ALJ stated, however, that this finding did not necessarily suggest his conditions were disabling. (Id.) At a July 2021 mental health appointment, Plaintiff appeared “agitated, anxious and easily distracted, with poor eye contact. However, he was alert and oriented despite chronically poor sleep; his thought process and content were both unremarkable; and he showed at least fair insight and good judgment.” (R. 24, 529-31.) Other medical records indicated “his outward appearance was usually alert, oriented and pleasant.” (R. 24, 1007.) The ALJ found that though Plaintiff’s mental health treatment records reflected social anxiety, “slight” depression and inattention as issues, the treatment he received was “generally routine and conservative.” (R. 24.) Plaintiff has a history of noncompliance with any pharmacological treatment for his symptoms, which the ALJ acknowledged could be explained by Plaintiff’s restrictive food intake disorder. (Id.) The ALJ did not find Plaintiff’s noncompliance disabling, however, because she determined that Plaintiff is “able to function well even without pharmacological assistance.” (Id.) The ALJ also determined that Plaintiff’s ability to perform activities of daily living was “inconsistent with a claim for disability.” (R. 25.) The ALJ noted that Plaintiff was able to: (1.) “live alone with some assistance”; (2.) go on vacation; (3.) care for a pet; (4.) “stay in his apartment even if his mother (his primary caregiver) moved away to Florida”; and (5.) “work a part-time job, which involved limited interaction with coworkers and supervisors.” (Id.) For these reasons, the ALJ found that the record does not illustrate marked functional deficits that would meet a listing or preclude all work. (Id.) The ALJ thus did not find Plaintiff’s hearing testimony about his limitations to be persuasive. (Id.) The ALJ further considered the opinions of several medical providers who evaluated Plaintiff’s mental impairments. Kathleen Feil, Ph.D., a state agency psychological consultant, CASE 0:24-cv-04097-JRT-DJF Doc. 15 Filed 10/31/25 Page 7 of 13
8 opined that Plaintiff “had mild limitations with regard to understanding, remembering or applying information; and moderate limitations with regard to interacting with others; concentration, persistence, and pace; and adaption and managing oneself.” (R. 25, 115.) She also found that Plaintiff’s ability to “carry out routine, repetitive tasks with adequate persistence and pace would be intact”, “but markedly impaired for detailed and complex tasks.” (R. 25, 118.) She further determined that he was able to “cope with co-workers and handle the public … for brief and superficial contact”; “handle ordinary levels of supervision found in a customary work setting”; and “handle the routine stresses of a routine, repetitive work setting.” (R. 25, 118-19.) Mera Kachgal, Ph.D., another state agency psychological consultant, affirmed Dr. Feil’s opinion. (R. 25, 123-32.) The ALJ found these opinions generally persuasive based on a review of the record and because the opinions “are consistent with the B criteria and the functioning noted in the record corresponded to the residual functional capacity limitations generally.” (R. 25-26.) The ALJ also considered opinions provided by the Minnesota Department of Health State Medical Review Team (“MRT”) and found them to be unpersuasive. (R. 26.) The MRT concluded that Plaintiff qualified for state disability benefits based on his autistic disorder and ADHD diagnoses. (R. 26, 967-68.) According to the ALJ, though the MRT relied on “some sources of evidence, neither diagnosis is supported by objective medical evidence. Further, [the MRT’s opinions are] not entirely consistent with the claimant’s subjective statements … mental health records… or prior administrative findings … since the claimant’s Social Security application date.” (Id.) Having rejected the MRT’s opinions and adopted the state agency psychological consultants’ view that Plaintiff’s impairments are not disabling, the ALJ concluded that Plaintiff has the RFC “to perform a full range of work at all exertional levels” with non-exertional limitations to accommodate his mental conditions. (R. 20.) CASE 0:24-cv-04097-JRT-DJF Doc. 15 Filed 10/31/25 Page 8 of 13
9 III. Analysis Plaintiff’s sole argument is that the ALJ’s RFC determination failed to adequately account for Plaintiff’s inability to function independently. Plaintiff’s argument largely rests on several cases from this District involving claimants with similar disabilities. (ECF No. 9 at 12-13.) In Blake R. v. Berryhill, No. 17-CV-4273 (KMM), 2019 WL 1229828, at *1 (D. Minn. Mar. 15, 2019), the ALJ found the claimant suffered from autism spectrum disorder, ADHD, depressive disorder, anxiety disorder, and oppositional defiant disorder. Because of these impairments, the claimant had required substantial assistance in school, never lived alone, never worked, never managed his own finances, and had difficulty managing his own personal hygiene. Id. at *3. Despite these supports, the ALJ determined that the claimant could perform routine, repetitive work with tasks that involved a lower-than-average pace, with no more than very brief, very superficial, and very infrequent contact with coworkers, supervisors and the public. Id. at *2. The court concluded that this determination was not supported by substantial evidence in the record as a whole. Id. at *6. The court’s conclusion was based largely on the claimant’s lack of independence. Citing Social Security Administration policy, the court stated that “the SSA must account for the structure and support a claimant receives when determining whether the individual is capable of working a full-time competitive job.” Id. at *4 (citing SSR 96-8p, Policy Interpretation Ruling Titles II and XVI: Assessing Residual Functional Capacity in Initial Claims, 1996 WL 374184, at *5 (July 2, 1996), which requires an ALJ to consider a claimant’s “need for a structured living environment.”). Though the ALJ acknowledged the claimant’s “struggles with some independent living skills,” the court concluded that the ALJ failed to “adequately explain how [the claimant’s] limited functioning even within his very supportive home and school environments translate to the ability to perform full-time, competitive work.” Id. at *5. CASE 0:24-cv-04097-JRT-DJF Doc. 15 Filed 10/31/25 Page 9 of 13
10 In Branson A.L. v. Kijakazi, No. 23-CV-15 (MJD/DLM), 2023 WL 9111437, at *9 (D. Minn. Nov. 7, 2023), the court addressed a similar set of facts. The ALJ found the claimant suffered from autism, a learning disorder, and major depressive disorder. Id. at *1. The claimant had received significant support in school, lived with his parents, did various chores, did not attend social events, did not drive, did not grocery shop, did not manage his finances, created simple meals, and struggled to manage his own personal hygiene. Id. at *6. He had previously worked in several part-time jobs but had been fired from two of them for taking too many breaks or failing to timely learn how to perform the job. Id. at *7. Based on these facts, the ALJ determined that the claimant had the residual functional capacity to “carry out simple, routine instructions; occasionally experience changes in the work setting; and engage in only brief and superficial interactions with the public.” Id. at *1. Stating that the case presented a “close call”, the court concluded the ALJ’s RFC decision was not supported by substantial evidence in the record as a whole. Id. at *9. The court noted the claimant “has had significant accommodations and support for his daily activities … His ability to perform certain tasks at home when prompted and/or supported—such as doing household chores, making simple meals, and maintaining personal hygiene—occur in an environment unlike a workplace where more stressors and less support will be the norm for 40 hours each week.” Id. Plaintiff has certain similarities with the claimants in the above-cited cases. He has an eighth-grade level of education and was on an individualized education program (“IEP”) after the third grade. (R. 381-82.) He is also reliant on outside support: His mother is paid by the state of Minnesota to serve as his personal care aide (“PCA”) (R. 47, 844) and spends at least 30 hours per week helping Plaintiff clean his home, do laundry, shop for groceries, and schedule appointments. (R. 48, 268.) Plaintiff does not have a driver’s license (R. 49-50, 380, 543), and his mother and CASE 0:24-cv-04097-JRT-DJF Doc. 15 Filed 10/31/25 Page 10 of 13
11 grandmother drive him to places where he cannot walk. (R. 48, 881.) His mother also provides frequent reminders concerning his personal hygiene (R. 269). Plaintiff’s ability to manage his own finances is limited, and the only bill he is responsible for paying is his rent. (R. 62, 113, 852.) Plaintiff’s social interactions are largely restricted to his mother and grandmother. (R. 52-53, 878.) He has worked in the past, but these jobs appear to have been short-lived, and he lost them due to repeated absences. (R. 116, 238-39, 364.) Notwithstanding these similarities, the Court concludes that this case is distinguishable. Unlike the claimants in the above-cited cases, Plaintiff lives in his own apartment. (R. 19.) Though he receives support from the State through the personal aide services of his mother, notes from an October 18, 2022 mental health assessment reflect that at that time his mother was planning to move to Florida and he did not intend to move with her. (R. 113, 815.) Moreover, he testified that he did not have a plan for anyone else to serve as his PCA if she did move. (R. 57.) The record further reflects that he was able to perform many of his daily cares without her assistance. He could cook simple meals (R. 48), do at least some of his own grocery shopping (R. 50), go out for walks with his grandmother (R. 53), care for a pet (R. 63), and walk to a part-time job (R. 128). He testified that having to interact with people he does not know was what prevented him from being able to get a job. (R. 53.) When asked whether he could do a job that did not require him to deal with other people except “maybe a supervisor every once in a while,” he said, “If there was a job like that, I could probably do it.” (Id.) Finally, the medical opinions on which the ALJ relied support her RFC determination. Drs. Feil and Kachgal reviewed the evidence in the record and they both concluded that Plaintiff’s mental disabilities only created mild or moderate limitations in his mental functional abilities. (R. 25.) The ALJ considered their opinions and incorporated them into Plaintiff’s RFC. (Compare id., with R. 20.) Plaintiff does not assert CASE 0:24-cv-04097-JRT-DJF Doc. 15 Filed 10/31/25 Page 11 of 13
12 that the ALJ improperly assessed the persuasiveness of these opinions, nor does he offer any contrary medical opinion evidence that the ALJ failed to properly consider. See Towle v. Colvin, No. 12-cv-1239 (SAC), 2014 WL 172188, at *3 (D. Kan. Jan. 15, 2014) (concluding ALJ did not err in relying on persuasive medical opinion evidence in forming RFC when plaintiff offered no contrary medical opinion evidence). Though the evidence in the record reasonably supports a finding of disability, the Court cannot fairly conclude that substantial evidence supporting the ALJ’s RFC determination is lacking. The ALJ reviewed the record thoroughly, explained her analysis, and included restrictions in her RFC determination that address his mental health limitations. (See R. 20, limiting Plaintiff to “simple routine tasks involving only simple work-related decisions and routine workplace changes,” “no interaction with the public,” “occasional interaction with coworkers and supervisors, but no tandem tasks with co-workers” and “no fast-paced production requirements”.) The ALJ had the opportunity to hear Plaintiff’s testimony and assess his demeanor; the Court did not. See Lechner v. Barhart, 312 F. Supp. 2d 1015, 1026 (E.D. Wis. June 14, 2004) (“Generally, the court must defer to the ALJ’s credibility determination because she had the opportunity to personally observe the claimant’s demeanor at the hearing.”) “It is not the role of this court to reweigh evidence presented to the ALJ.” Loving v. Dep’t of Health & Human Servs., 16 F.3d 967, 969 (8th Cir. 1994). Though this is a close case, the Court is not persuaded that the ALJ’s Decision fell outside the zone of reasonable choices given the totality of the evidence in the record. See Papesh v. Colvin, 786 F.3d 1126, 1131 (8th Cir. 2015). For these reasons, the Court recommends affirming the ALJ’s decision. CASE 0:24-cv-04097-JRT-DJF Doc. 15 Filed 10/31/25 Page 12 of 13
13 RECOMMENDATION Based on the foregoing, and on all the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED THAT: 1. Plaintiff’s Request for Relief (ECF No. 9) be DENIED; 2. The Commissioner’s Request for Relief (ECF Nos. 11, 12) be GRANTED; 3. The Decision be AFFIRMED; and 4. Plaintiff’s Complaint (ECF No. 1) be DISMISSED WITH PREJUDICE. Dated: October 31, 2025 s/ Dulce J. Foster Dulce J. Foster United States Magistrate Judge NOTICE Filing Objections: This Report and Recommendation is not an order or judgment of the District Court and is therefore not appealable directly to the Eighth Circuit Court of Appeals. Under Local Rule 72.2(b)(1), “a party may file and serve specific written objections to a magistrate judge’s proposed finding and recommendations within 14 days after being served a copy” of the Report and Recommendation. A party may respond to those objections within 14 days after being served a copy of the objections. See Local Rule 72.2(b)(2). All objections and responses must comply with the word or line limits set forth in Local Rule 72.2(c). CASE 0:24-cv-04097-JRT-DJF Doc. 15 Filed 10/31/25 Page 13 of 13
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