Anthony V. v. Commissioner of Social Security

District Court, D. New Jersey·Decided June 18, 2026·No. 3:24-cv-11183·Unknown

Opinion

NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

ANTHONY V., Plaintiff, Civil Action No. 24-11183 (MAS) . MEMORANDUM OPINION COMMISSIONER OF SOCIAL SECURITY, Defendant.

SHIPP, District Judge This matter comes before the Court upon Plaintiff Anthony V.’s (‘Plaintiff’)! appeal of the Commissioner of the Social Security Administration’s (the “Commissioner”’) final decision denying Plaintiff’s request for Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act (the “Act”) and Supplemental Security Income (“SSI”) under Title XVI. (ECF No. 1.) The Court has jurisdiction to review this matter under 42 U.S.C. § 405(g) and reaches its decision without oral argument under Federal Rule of Civil Procedure 78(b) and Local Civil Rule 78.1(b). For the reasons below, the Court affirms the Commissioner’s decision. 1 BACKGROUND In this appeal, the Court must consider whether the Administrative Law Judge’s (the “ALJ”) finding that Plaintiff was not disabled is supported by substantial evidence. The Court begins with the procedural posture and decision by the ALJ.

' The Court identifies Plaintiff by first name and last initial only. See D.N.J. Standing Order 2021-10.

A. Procedural Background Plaintiff initially filed an application for DIB in January 2018 alleging disability beginning in June 2013. (AR 343, ECF No. 6.*) The Social Security Administration (the “Administration”) denied the application both initially and upon reconsideration. (/d. at 160, 166.) The ALJ denied Plaintiff's claim in a written decision dated October 28, 2019. (/d. at 112-29.) Plaintiff appealed to the Appeals Council, and the Appeals Council denied Plaintiff’s request for review on August 31, 2020. Ud. at 130-35.) Plaintiff thereafter filed applications for DIB and SSI on June 16, 2021, alleging a disability onset date of May 1, 2011. Ud. at 138, 142.) The Administration denied the application both initially and upon reconsideration. (/d. at 238, 243, 251, 254.) Thereafter, Plaintiff requested a hearing (id. at 21), and the ALJ held a hearing on September 21, 2023 (id. at 21), On February 26, 2024, the ALJ denied Plaintiffs claim. (/d. at 21-30.) Plaintiff submitted a request for review, which the Appeals Council denied (id. at 1-7), making the ALJ’s February 26, 2024, decision the Commissioner’s final decision. This appeal followed. (See generally Compl., ECF No. 1.) On December 10, 2025, Plaintiff filed his moving brief in this action. (P1.’s Moving Br., ECF No. 12.) The Commissioner opposed (Def.’s Opp’n Br., ECF No. 15), and Plaintiff filed notice that he “elects not to file a [rleply [b]rief in this case” and instead “relies upon the arguments made in his opening brief” (PI.’s Reply Br., ECF No. 16).

2 The Administrative Record (“AR”) is located at ECF Nos. 6 through 6-12. The Court will reference the relevant pages of the AR and will not reference the corresponding ECF page numbers within those files.

B. The ALJ’s Decision In her February 26, 2024, decision, the ALJ first dismissed Plaintiff’s DIB application because she determined that res judicata applied based on the Administration’s previous 2019 determination. (AR 21-22.) The ALJ thereafter concluded that Plaintiff was not disabled for the purposes of his SSI claim. Ud. at 30.) The ALJ set forth the Administration’s five-step sequential analysis for determining whether an individual is disabled. Vd at 22-23 (citing 20 C.F.R. § 416.920).) At step one, the ALJ found that Plaintiff “ha[d] not engaged in substantial gainful activity since June 16, 2021, the application date[.]” Ud. at 24.) At step two, the ALJ determined that Plaintiff had several severe impairments: (1) attention deficit hyperactivity disorder (“ADHD”); (2) history of opioid dependence; and (3) bipolar disorder. (/d. at 24.) The ALJ also determined that Plaintiff had the non-severe impairment of a spinal disorder. (Id.) At step three, the ALJ determined that Plaintiff did not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 C.F.R. §§ 416.920(d), 416.925, and 416.926 during the relevant period. (/d. at 25.) With respect to Plaintiff's mental impairments, the ALJ stated that she specifically “considered whether the ‘paragraph B’ criteria [were] satisfied.” (/d. at 25-26.) The ALJ determined that Plaintiff had the residual functional capacity (“RFC”) to perform “a full range of work at all exertional levels[.]” Ud. at 26.) Plaintiff, however, had the following non-exertional limitations: (1) Plaintiff “can understand and execute simple and routine

> RFC is defined as “the most [an individual] can still do despite [his] limitations.” 20 C.E.R. § 404.1545(a)(1); see Burnett v. Comm’r of Soc. Sec., 220 F.3d 112, 121 (3d Cir. 2000) (“‘Residual functional capacity’ is defined as that which an individual is still able to do despite the limitations caused by [his] impairment(s)[.]” (citing Hartranft v. Apfel, 181 F.3d 358, 359 n.1 (3d Cir. 1999))). Determination of a claimant’s RFC is the exclusive responsibility of the ALJ. 20 C.F.R. §§ 404.1520(c), 404.1546(c).

tasks[; (2) hJe can have occasional contact with coworkers, supervisors, and the public but not tasks that involve direct customer service[; and (3) he] .. . can make simple decisions and adapt to occasional changes in essential work tasks.” (/d.) At step four, the ALJ found that Plaintiff is “unable to perform any past relevant work” as a barber, or telephone solicitor because “[t]he mental demands of [Plaintiffs] past relevant work exceed [his] [RFC].” Ud. at 28.) The ALJ considered that Plaintiff was forty-six which is defined as “a younger individual,” and has at least a high school education. Ud.) The ALJ determined that “[t]ransferability of job skills is not material . . . because using the Medical-Vocational Rules as a framework supports a finding that [Plaintiff] is ‘not disabled,’ whether or not [he] has transferable job skills.” Gd. at 28-29.) Based on the aforementioned factors and Plaintiff's RFC, the ALJ determined that “there are jobs that exist in significant numbers in the national economy that [Plaintiff] can perform.” (/d. at 29 (citation omitted).) In doing so, the ALJ relied upon the testimony of the vocational expert, who testified that an individual of Plaintiff’s age, education, work experience, and RFC “would be able to perform the requirements of representative occupations such as” labeler, inspector hand packager of plastic products, or small parts assembler.

At step five, the ALJ determined that Plaintiff was not disabled, as defined in the Act from June 16, 2021, the date the application was filed, through the date of the ALJ’s decision, February 26, 2024, for the purposes of Plaintiff’s SSI claim. (/d. at 30.) Il. LEGAL STANDARD A. Standard of Review On appeal from the final decision of the Commissioner, a district court “shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or

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