Alex H. v. Frank Bisignano, Commissioner of Social Security

District Court, W.D. Kentucky·Decided December 17, 2025·No. 3:25-cv-00108·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION CIVIL ACTION NO. 3:25-CV-00108-RGJ

ALEX H. PLAINTIFF

VS.

FRANK BISIGNANO, Commissioner of Social Security DEFENDANT

FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION Claimant Alex H. appeals from the final determination of the Commissioner of Social Security denying his application for disability insurance benefits. (DN 1). Claimant filed a fact and law summary and brief. (DN 10, DN 11). The Commissioner responded in a fact and law summary. (DN 15). Claimant filed a reply brief. (DN 16). The District Judge referred the case to the undersigned United States Magistrate Judge for consideration and preparation of a report and recommendation, as authorized in 28 U.S.C. § 636(b)(1)(B). (DN 9). I. Findings of Fact Alex H. (“Claimant”) applied for disability insurance benefits under Title II of the Social Security Act in December 2018, alleging disability beginning on February 27, 2015. (Transcript, hereinafter, “Tr.” 322). He alleged disability based on back injury, hip injury, left and right shoulder injuries, left and right ankle injuries, anxiety, depression, post-traumatic stress disorder (“PTSD”), and sleep apnea. (Tr. 356). Claimant’s application was denied by the State agency Disability Determination Service at both the initial and reconsideration levels. (Tr. 154-55, Tr. 171-72). At Claimant’s request, Administrative Law Judge Boyce Crocker (“ALJ Crocker”) conducted a video hearing on December 2, 2019. (Tr. 74-100). On January 22, 2020, ALJ Crocker issued a decision finding that Claimant was not disabled. (Tr. 173-89). On February 14, 2020, The Appeals Council remanded the case back to ALJ Crocker. (Tr. 190-96). Among other reasons, the Appeals Council stated that ALJ Crocker must give “further consideration to the claimant’s maximum residual functional capacity and provide appropriate rationale with specific reference to

evidence of record in support of the assessed limitations.” (Tr. 194). ALJ Crocker held a new hearing on September 15, 2020. (Tr. 40-73). On October 27, 2020, ALJ Crocker issued a second decision finding that Claimant was not disabled. (Tr. 14-39). The Appeals Council denied Claimant’s request for review on January 28, 2021. (Tr. 1-4). Claimant then appealed to this Court. (Tr. 1884-94, see Hull v. Comm’r of Soc. Sec., No. 3:21-CV-00185- RGJ-RSE (W.D. Ky. 2021)). On February 4, 2022, District Judge Rebecca G. Jennings issued an order vacating ALJ Crocker’s decision based on a joint motion for remand. (Id.). In May 2022, the Appeals Council issued an order remanding the case to a new ALJ. (Tr. 1875-80). Among other things, the Appeals Council directed the ALJ to “give further consideration to the claimant’s

maximum residual functional capacity during the entire period at issue and provide rationale with specific references to evidence of record in support of assessed limitations.” (Id.). Administrative Law Judge Davida Isaacs (“ALJ Isaacs”) held a new hearing on August 17, 2022. (Tr. 1856-74). A supplemental hearing was held on April 13, 2023, at which ALJ Isaacs took additional testimony from an impartial vocational expert (“VE”). (Tr. 1839-55). On July 5, 2023, ALJ Isaacs issued a decision finding that Claimant was not disabled. (Tr. 1804-38). Claimant again appealed to this Court. (Tr. 2547-50, see Hull v. Comm’r of Soc. Sec., No. 3:23-CV-00563- CRS-CHL (W.D. Ky. 2024)). On February 13, 2024, District Judge Charles R. Simpson III issued

2 an order vacating ALJ Isaacs’ decision based on a joint motion for remand. (Id.). The Appeals Council issued an order remanding the case to ALJ Isaacs, with specific directions related to ALJ Isaacs’ evaluation of Claimant’s residual functional capacity (“RFC”). (Tr. 2551-57). The Appeals Council stated that ALJ Isaacs’ decision did not “contain an adequate evaluation of the medical opinion of psychological consultative examiner Ollie Dennis, Ed.D. in

evaluating the [C]laimant’s [RFC].” (Id.). The Appeals Council noted that while ALJ Isaacs found the opinion persuasive in her brief discussion of it in the RFC assessment, she did not include any mental limitation in Claimant’s RFC and “did not provide rationale for not doing so.” (Id.). The Appeals Council also took issue with ALJ Issacs’ evaluations of State agency physicians Dr. Douglas Back, M.D.’s and Dr. Timothy Gregg, M.D’s opinions. (Id.). The Appeals Council stated that while ALJ Isaacs found the opinions, opining that Claimant could perform light exertional work, “not persuasive” with the objective medical evidence that limited Claimant to sedentary exertional work, she nonetheless limited Claimant’s RFC “to a reduced range of light work without rationale for doing so.” (Id.). The Appeals Council directed ALJ Isaacs to give “further

consideration to the [C]laimant’s maximum [RFC] during the entire period at issue and provide rationale with specific references to evidence in the record in support of assessed limitations” on remand. (Id.). ALJ Isaacs held a new hearing on August 21, 2024. (Tr. 2489-511). On October 28, 2024, ALJ Isaacs issued a second decision finding that Claimant was not disabled. (Tr. 2451-88). In applying the five-step sequential analysis from 20 C.F.R. § 404.1520(a), ALJ Isaacs made the following findings. First, Claimant did not engage in substantial gainful activity from February 27, 2015, his alleged onset date, through September 30, 2020, his date last insured. (Tr. 2457). Second,

3 through the date last insured, Claimant had the following severe impairments: residual effects subsequent to right shoulder rotator cuff surgery, residual effect of left bicep tear, ankle fracture and residual effects of ankle surgery, degenerative disc disease of the lumbar spine, degenerative joint disease of the knees and hips, carpal tunnel syndrome, and obesity. (Id.). Third, through the date last insured, Claimant did not have an impairment or combination of impairments that met or

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Alex H. v. Frank Bisignano, Commissioner of Social Security, (W.D. Ky. 2025).

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