Ana M. L. v. Bisignano

District Court, C.D. California·Decided September 24, 2025·No. 2:24-cv-07643·Unknown

Opinion

ANA M. L.1, an Individual, Case No.: 2:24-07643 ADS

Plaintiff,

v. MEMORANDUM OPINION AND ORDER

FRANK BISIGNANO2, Commissioner of Social Security, Defendant. Plaintiff (“Plaintiff”) challenges Defendant Frank Bisignano, Commissioner of Social Security’s (hereinafter “Commissioner” or “Defendant”) denial of her applications for disability insurance benefits (“DIB”) under Title II of the Social Security Act and

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 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 Federal Rule of Civil Procedure 25(d), she is automatically substituted for Martin O’Malley as Defendant in this suit. supplemental security income (“SSI”) under Title XVI of the Social Security Act. Plaintiff contends that the Administrative Law Judge’s (“ALJ”) decision was not supported by substantial evidence and that the ALJ erred in evaluating Plaintiff’s symptom testimony and erred in the determination of Plaintiff’s residual functional capacity (“RFC”) (Docket (“Dkt.”) No. 15, Plaintiff’s Brief (“Pl. Br.”).) For the reasons

stated below, the ALJ’s decision is reversed, and the case is remanded for further proceedings consistent with the opinion below. A review of the entire record reflects certain facts relevant to this appeal. Plaintiff has a ninth-grade education. (Dkt. No. 11, Administrative Record (“AR”) 2895.) Plaintiff has previous work experience as a nurse assistant, working in a nursing home. (AR 50, 2880.) Plaintiff alleges disability due to spinal degeneration, degeneration of the knees, shoulders and hands, fibromyalgia and migraines. (AR 2874.) In January 2014, Plaintiff suffered an injury to the spine at work. (AR 998.) Plaintiff was diagnosed with lumbar spine myofascitis with radicular pain (AR 1009). Plaintiff was diagnosed with fibromyalgia in 2016. (AR 456-8.)

Between at least 2016 and 2019, Plaintiff was seen by medical providers for migraine headaches (AR 300-3, 377-8, 382-3, 407-8, 447-9). Plaintiff was noted to have chronic relapsing headaches with tingling in the face, twitching of the left eye and blurred vision. (AR 383). Plaintiff received injections for occipital nerve blocks and Toradol for the migraine pain. (AR 382-3, 408, 426.) Plaintiff continued to have visual disturbance, nausea, light sensitivity, noise sensitivity and vomiting. (AR 447-8, 450). In 2016, Plaintiff’s MRI was normal. (AR 449). In 2016, Plaintiff was seen for multiple trigger fingers, left long and ring fingers. (AR 427-8, 431). Plaintiff underwent multiple surgeries for her trigger fingers. (AR 343-4, 348-9.) Plaintiff continued to experience pain and tenderness in her hands. (AR 2118.) At the first hearing before an ALJ, on September 29, 2020, Plaintiff testified that

she suffers from migraine headaches requiring injections. (AR 50, 53.) Plaintiff described problems with her left hand, and that both of her hands are weak and swollen with pain. (AR 50.) At the second hearing before an ALJ, on April 18, 2024, among other things, Plaintiff testified that she suffered from migraine headaches, fibromyalgia pain, hand problems, and knee problems. (AR 2899, 2903, 2904, 2907.) Plaintiff testified that in January 2023, she began working full time as a companion for a woman with chronic physical disabilities. (AR 2870.) In that job, Plaintiff accompanies the woman and participates in activities with her. (Id.) A. Procedural History On August 8, 2018, Plaintiff protectively filed a Title II application for a period of

disability and disability insurance benefits. (AR 21.) On August 9, 2018, Plaintiff also filed a Title XVI application for supplemental security income. (Id.) In both applications, the claimant alleged disability beginning May 31, 2014. (Id.) Plaintiff’s claims were denied initially on October 23, 2018, and upon reconsideration on March 8, 2019. (Id.) Plaintiff filed a written request for a hearing on May 8, 2019. (Id.) The ALJ held a telephonic hearing on September 29, 2020. (Id.) On December 1, 2020, the ALJ issued a written decision finding that Plaintiff was not disabled. (AR 33.) The ALJ’s decision became the Commissioner’s final decision when the Appeals Council denied Plaintiff’s request for review on December 1, 2020. (AR 1.) Plaintiff then filed an action in District Court on September 21, 2021. Ana Maria Lopez v. Kilolo Kijakazi, Case No: 2:21-cv-07559-ADS (C.D. Cal. Sep. 21, 2021). Based upon the parties’ stipulation, the Court remanded the case for further proceedings before the ALJ. (Id. at Dkt. 26.) The ALJ held a telephone hearing on April 18, 2024. (AR 2892.) Plaintiff,

represented by counsel, testified at the hearing, as did a vocational expert. (Id. at 2893.) On May 8, 2024, the ALJ found Plaintiff was not disabled within the meaning of the Social Security Act. (AR 2883.) Plaintiff then filed this action in District Court on September 6, 2024, challenging the ALJ’s decision. (Dkt. No. 1.) The case is ready for decision.3 B. Summary of ALJ Decision After Hearing As an initial matter, the ALJ determined that Plaintiff met the insured status requirements for DIB through December 31, 2020. (AR 2868.) In the decision (AR 2867–83), the ALJ followed the required five-step sequential evaluation process under the Social Security Act to assess whether Plaintiff was disabled.4 See 20 C.F.R. § 404.1520(a). At step one, the ALJ found that Plaintiff had

3 The parties filed consents to proceed before a United States Magistrate Judge, pursuant to 28 U.S.C. § 636(c), including for entry of final Judgment. (Dkt. Nos. 9-10.) 4 The ALJ follows a five-step sequential evaluation process to assess whether a claimant 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 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 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. 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 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 amended). engaged in substantial gainful activity during the period of January 2023 to December 2023. (AR 2870.) The ALJ also found that there have been continuous 12-month periods during which claimant did not engage in substantial gainful activity and stated that the rest of the findings are limited to those periods, without explicitly identifying those periods. At step two, the ALJ found that Plaintiff had the following severe

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