Brittany K. v. Commissioner of Social Security

CourtDistrict Court, D. New Jersey
DecidedMarch 31, 2026
Docket3:25-cv-04136
StatusUnknown

This text of Brittany K. v. Commissioner of Social Security (Brittany K. v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brittany K. v. Commissioner of Social Security, (D.N.J. 2026).

Opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

BRITTANY K.,

Plaintiff, Civil Action No. 25-04136 (GC) v. MEMORANDUM OPINION COMMISSIONER OF SOCIAL SECURITY,

Defendant.

CASTNER, District Judge THIS MATTER comes before the Court upon Plaintiff Brittany K.’s1 appeal from the final decision of the Commissioner of the Social Security Administration (Commissioner)2 denying Plaintiff’s application for Social Security Disability (SSD) under Title II of the Social Security Act, 42 U.S.C. § 401, et seq. (ECF Nos. 1, 6.) The Commissioner opposed, and Plaintiff replied. (ECF Nos. 10, 11.) After careful consideration of the entire record, including the entire Administrative Record, the Court decides this matter without oral argument in accordance with Federal Rule of Civil Procedure (Rule) 78(b) and Local Civil Rule 78.1(b). For the reasons set forth below, and other good cause shown, the Court AFFIRMS the Commissioner’s final decision.

1 Plaintiff is identified by first name and last initial. See D.N.J. Standing Order 2021-10. 2 Frank Bisignano became Commissioner of the Social Security Administration on May 7, 2025. This change has no bearing on the instant matter. See 42 U.S.C. § 405(g) (“Any action instituted in accordance with this subsection shall survive notwithstanding any change in the person occupying the office of Commissioner of Social Security or any vacancy in such office.”). I. BACKGROUND A. Procedural Background Plaintiff has a high school education and was 28 years old on her date last insured of June 30, 2021.3 (AR 38.)4 On January 27, 2022, Plaintiff filed an application for SSD, alleging that she became disabled as of November 27, 2018.5 (Id. at 21, 484-493.) Plaintiff alleged that she could not work due to “[b]lind or low vision,” diabetes, anxiety, depression, bipolar disorder, post-

traumatic stress disorder (PTSD), schizophrenia, “[h]ands lacking a 3rd knuckle in fingers,” “[d]islocated tendon in right[](dominant elbow,” and “[b]ack problems.” (Id. at 693.) This application was denied on June 6, 2022. (Id. at 21, 281-285.) Upon reconsideration, Plaintiff’s claim was denied again on September 10, 2022. (Id. at 21, 293-297.) On September 26, 2022, Claimant filed a request for a hearing before an Administrative Law Judge (ALJ). (Id. at 21, 303- 304.) That hearing took place on May 7, 2024. (Id. at 21, 51-87.) On June 14, 2024, the ALJ issued Plaintiff an unfavorable decision, finding Plaintiff not disabled. (Id. at 18-50.) On August 7, 2024, Plaintiff requested a review of the ALJ’s decision

3 The relevant time period for SSD is the alleged onset date of disability through the date last insured. The “date last insured” refers to a status requirement for entitlement to disability benefits as defined under the Social Security Act. See 42 U.S.C. § 423(a)(1)(A), (c)(1). “You are entitled to disability benefits while disabled before attaining full retirement age . . . if . . . [y]ou have enough social security earnings to be insured for disability[.]” 20 C.F.R. § 404.315(a)(1). Plaintiff does not contest Defendant’s representation of the relevant time period in this case. 4 “AR” refers to the Administrative Record, available at ECF No. 5. This Opinion cites the internal page numbers when referring to the Administrative Record. Page numbers for all other docket citations refer to the page numbers stamped by the Court’s e-filing system and not the internal pagination of the parties. 5 Plaintiff previously filed an application for SSD on March 18, 2019, alleging she became disabled on December 1, 2018. (AR 21.) That application was denied by an ALJ and that decision was upheld by the Appeals Council. (Id.) The ALJ noted that because the listings for impairments have since changed, res judicata does not apply in this case. (Id.) before the Appeals Council, (id. at 469-470), and on April 16, 2025, the Appeals Council denied Claimant’s request for review, (id. at 1-6). The ALJ’s decision thus became the Commissioner’s final decision. (Id.) On May 12, 2025, Plaintiff commenced this action pursuant to 42 U.S.C. § 405(g). (ECF No. 1.) Plaintiff raises two arguments. First, Plaintiff contends the ALJ’s residual functional

capacity (RFC)6 finding is unsupported by substantial evidence. (ECF No. 6 at 10-18.)7 Second, Plaintiff asserts that the ALJ’s finding that Plaintiff could engage in alternative work at step five of the RFC analysis was unsupported by substantial evidence. (Id. at 18-21.) B. The ALJ’s Decision The ALJ used the requisite five-step sequential evaluation process to determine that Claimant was not disabled. (AR 22-23.) See also 20 C.F.R. § 416.920(a)(4) (describing the five- step process). At step one, the ALJ found that Plaintiff met the insured status requirements of the Social Security Act through June 30, 2021, and “did not engage in substantial gainful activity during the period from her alleged onset date of November 27, 2018 through her date last insured of June 30,

2021[.]” (AR 24.) At step two, the ALJ found that Plaintiff “had the following severe impairments: congenital deformities in the bilateral hands and feet and the right upper extremity; depressive disorder; personality disorder; and learning disorder/borderline intellectual functioning[.]” (Id.) The ALJ concluded that these medically determinable, severe impairments “significantly limit the

6 Residual functional capacity (RFC) is defined as “the most you can still do despite your limitations.” 20 C.F.R. § 416.945(a)(1). 7 Page numbers for record cites (i.e., “ECF Nos.”) refer to the page numbers stamped by the Court’s e-filing system and not the internal pagination of the parties. [Plaintiff’s] ability to perform basic work activities[.]” (Id.) The ALJ noted that “the undersigned has fully considered the nature and extent of the claimant’s psychiatric symptoms, regardless of the specific diagnosis.” (Id.) The ALJ also found that there was evidence Plaintiff’s body mass index (BMI) fell in the range of obesity and Plaintiff “was also diagnosed with myopic astigmatism in the bilateral eyes;” however, the ALJ found that these impairments were non-severe. (Id.)

Lastly, the ALJ considered Plaintiff’s allegations of disability due to low back pain and knee pain and migraine headaches, but the ALJ concluded “these alleged impairments were not medically determinable.” (Id. at 24-25.) At step three, the ALJ found that none of Plaintiff’s impairments nor any combination of impairments met or medically equaled the severity of any of the impairments listed in the applicable regulation. (Id. at 25-28.) See also 20 C.F.R. § 416.925(a) (regulation pointing ALJs to “appendix 1 of subpart P of part 404 of this chapter”). At step four, the ALJ conducted an RFC assessment to determine what work Plaintiff was capable of. (AR 28-38.) The ALJ concluded that Plaintiff:

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Brittany K. v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brittany-k-v-commissioner-of-social-security-njd-2026.