Addison Joelle Trager v. Martin O Malley

CourtDistrict Court, C.D. California
DecidedAugust 29, 2025
Docket8:24-cv-02085
StatusUnknown

This text of Addison Joelle Trager v. Martin O Malley (Addison Joelle Trager v. Martin O Malley) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Addison Joelle Trager v. Martin O Malley, (C.D. Cal. 2025).

Opinion

8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

11 ADDISON J. T., an Individual,1 Case No.: 8:24-02085 ADS

12 Plaintiff,

13 v. MEMORANDUM OPINION AND ORDER

14 FRANK BISIGNANO, Commissioner of Social Security,2 15 Defendant. 16

17 I. INTRODUCTION 18 Plaintiff Addison J. T. (“Plaintiff”) challenges the denial of her application for 19 child’s insurance benefits and Supplemental Social Security Income (“SSI”) benefits by 20

21 1 Plaintiff’s name has been partially redacted in compliance with Federal Rule of Civil Procedure 5.2(c)(2)(B) and the recommendation of the Committee on Court 22 Administration and Case Management of the Judicial Conference of the United States. 2 Frank Bisignano became Commissioner of Social Security on May 7, 2025. Under 23 Federal Rule of Civil Procedure 25(d), he is automatically substituted for Martin O’Malley as Defendant in this suit. 24 1 Defendant Frank Bisignano, Commissioner of Social Security’s (hereinafter 2 “Commissioner” or “Defendant”). Plaintiff contends that the Administrative Law Judge 3 (“ALJ”) failed to properly evaluate the mental assessments of the consultative 4 neurologist and incorporate these into the assessment of Plaintiff’s residual functional 5 capacity (“RFC”). (Dkt. No. 12, Plaintiff’s Brief (“Pl. Br.”).) For the reasons stated

6 below, the decision of the Commissioner is affirmed, and this matter is dismissed with 7 prejudice. 8 II. FACTS RELEVANT TO THE APPEAL 9 A review of the record reflects certain facts relevant to this appeal. Plaintiff is in 10 her early twenties. (AR 84.) Plaintiff graduated high school with all “A” and “B” grades, 11 including in honors and Advanced Placement classes. (AR 1102.) Plaintiff took some 12 college classes and testified that she took a leave of absence from college. (Id.) Plaintiff 13 testified that she worked part-time as a host at Outback Steakhouse, a family restaurant, 14 for four to five hours a week. (AR 82.) Plaintiff testified that she gets overwhelmed 15 easily, has meltdowns, along with migraines, and has episodes where she is unable to 16 walk, talk or think, and experiences tremors. (AR 85–86.) Plaintiff testified she is only

17 actively taking clonazepam and hydroxyzine as needed, once or twice a week, and a 18 monthly migraine injection. (AR 97.) Plaintiff’s medical records show that she has 19 visited many medical providers over the span of several years, with reported symptoms 20 of shortness of breath, chest pain, wrist/hand pain, leg pain, palpitations, vertigo and 21 migraines, but her test results and imaging were unremarkable (AR 768, 774, 775, 782, 22 789, 1007, 1026, 1029–1033, 1109, 1158, 1161.) 23 24 1 III. SUMMARY OF PROCEEDINGS BELOW 2 On March 27, 2024, the ALJ found Plaintiff was not disabled within the meaning 3 of the Social Security Act. (AR 27.) The ALJ followed the required five-step sequential 4 evaluation process under the Social Security Act to assess whether Plaintiff was 5 disabled.3 See 20 C.F.R. § 404.1520(a). At step one, the ALJ found that Plaintiff had

6 not been engaged in substantial gainful activity since January 1, 2019, the alleged onset 7 date. (AR 20.) At step two, the ALJ found that Plaintiff had the following severe 8 impairments: anxiety, depression, mild ASD (Aspergers) with ADHD, “dysautonomia vs 9 functional neurological disorder”, and migraines. (AR 20–21.) 10 At step three, the ALJ found that Plaintiff did not have an impairment or 11 combination of impairments that met or medically equaled the severity of one of the 12 listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (the “Listings”). (AR 21– 13 22.) The ALJ then found that Plaintiff had the RFC4 to 14 perform light work as defined in 20 CFR 404.1567(b) and 416.967(b), with the following additional limitations: 15 occasional postural activities; no ladders, scaffolds, or ropes; no unprotected heights or dangerous moving machinery; 16 simple tasks in a routine environment; occasional interaction 17

3 The ALJ follows a five-step sequential evaluation process to assess whether a claimant 18 is disabled: Step one: Is the claimant engaging in substantial gainful activity? If so, the claimant is found not disabled. If not, proceed to step two. Step two: Does the claimant 19 have a “severe” impairment? If so, proceed to step three. If not, then a finding of not disabled is appropriate. Step three: Does the claimant’s impairment or combination of 20 impairments meet or equal an impairment listed in 20 C.F.R., Pt. 404, Subpt. P, App. 1? If so, the claimant is automatically determined disabled. If not, proceed to step four. 21 Step four: Is the claimant capable of performing his past work? If so, the claimant is not disabled. If not, proceed to step five. Step five: Does the claimant have the residual 22 functional capacity to perform any other work? If so, the claimant is not disabled. If not, the claimant is disabled. Lester v. Chater, 81 F.3d 821, 828 n.5 (9th Cir. 1996) (as 23 amended). 4 An RFC is what a claimant can still do despite existing exertional and nonexertional 24 limitations. See 20 C.F.R. § 404.1545(a)(1). 1 with coworkers, supervisors and the public; no fast paced work such as rapid assembly or conveyor belt work. 2

3 (AR 23.) 4 At step four, the ALJ found Plaintiff has no past relevant work. (AR 31.) At 5 step five, considering Plaintiff’s age, education, work experience, and RFC, the ALJ 6 found that there were jobs existing in significant numbers in the national economy that 7 Plaintiff could perform, including representative occupations such as routing clerk, 8 marker, and photocopy machine operator. (AR 31–32.) Accordingly, the ALJ 9 determined that Plaintiff has not been under a disability from January 1, 2019, through 10 the date of the ALJ’s decision. (AR 32.) 11 The ALJ’s decision became the Commissioner’s final decision when the Appeals 12 Council denied Plaintiff’s request for review on August 1, 2024. (AR 2.) Plaintiff then 13 filed this action in District Court on September 25, 2024, challenging the ALJ’s decision. 14 (Dkt. No. 1, Compl.) 15 On November 11, 2024, Defendant filed an Answer and Certified Administrative 16 Record. (Dkt. No. 11, AR.) Plaintiff filed an opening brief (“Plaintiff’s Brief”) on 17 December 26, 2024. (“Pl. Br.”, Dkt. No. 12.) Defendant filed a responding brief 18 (“Defendant’s Brief”) on January 27, 2025. (“Def. Br.”, Dkt. No. 15.) Plaintiff did not 19 file a reply brief. The case is ready for decision.5 20 IV. ANALYSIS 21 Plaintiff raises the issue of whether the ALJ properly incorporated the opinion of 22 the consultative neurologist into the RFC. (Pl. Br. 4.) 23

5 The parties filed consents to proceed before a United States Magistrate Judge, 24 pursuant to 28 U.S.C. § 636(c), including for entry of final Judgment. (Dkt. Nos. 6, 9.) 1 A. Standard of Review 2 A United States District Court may review the Commissioner’s decision to deny 3 benefits pursuant to 42 U.S.C. § 405(g).

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