Brock v. Commissioner of Social Security

CourtDistrict Court, M.D. Florida
DecidedSeptember 29, 2025
Docket8:24-cv-02256
StatusUnknown

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

Bluebook
Brock v. Commissioner of Social Security, (M.D. Fla. 2025).

Opinion

United States District Court Middle District of Florida Tampa Division

KADIN BROCK,

Plaintiff,

v. NO. 8:24-cv-2256-PDB

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

Order Kadin Brock challenges the Commissioner of Social Security’s decision denying her application for supplemental security income. Doc. 1. The procedural history, administrative record, and general law are summarized in the ALJ’s decision, Tr. 17–43, and the parties’ briefs, Docs. 15, 20, and not fully repeated here. A court’s review of a decision by the Commissioner is limited to whether substantial evidence supports the factual findings and whether the correct legal standards were applied. 42 U.S.C. §§ 405(g), 1383(c); Wilson v. Barnhart, 284 F.3d 1219, 1221 (11th Cir. 2002). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Biestek v. Berryhill, 587 U.S. 97, 103 (2019) (quoted authority omitted). The threshold is “not high,” and courts generally defer to the ALJ, who has “seen the hearing up close.” Id. at 103, 108. Brock argues that the ALJ failed to properly account for the severity, frequency, and duration of her migraines because, despite finding that they are severe impairments, the residual functional capacity (RFC) fails to include limitations to accommodate them other than restricting her exposure to excessive noise and vibration. Doc. 15 at 3. The Commissioner argues that Brock improperly asks the court to reweigh the evidence. Doc. 6–9. An RFC is the most a claimant can do despite her limitations. 20 C.F.R. § 416.945(a)(1). An ALJ assesses the RFC based on all relevant record evidence. Id. An ALJ need not refer to all evidence in the decision, as long as the decision makes clear that the ALJ considered the claimant’s “medical condition as a whole.” Dyer v. Barnhart, 395 F.3d 1206, 1211 (11th Cir. 2005).

An ALJ must consider a claimant’s symptoms and the extent to which the symptoms can reasonably be accepted as consistent with the objective medical and other evidence. Id. § 416.929(a). Factors for consideration include: (i) [the claimant’s] daily activities; (ii) [t]he location, duration, frequency, and intensity of … pain or other symptoms; (iii) [p]recipitating and aggravating factors; (iv) [t]he type, dosage, effectiveness, and side effects of any medication [that the claimant] take[s] or ha[s] taken to alleviate … pain or other symptoms; (v) [t]reatment, other than medication, [that the claimant] receive[s] or ha[s] received for relief of … pain or other symptoms; [and] (vi) [a]ny measures [the claimant] use[s] or ha[s] used to relieve … pain or other symptoms[.] Id. § 416.929(c)(3)(i)–(vi). An ALJ will consider the claimant’s “statements about the intensity, persistence, and limiting effects of … symptoms” and evaluate the statements “in relation to the objective medical evidence and other evidence.” Id. § 416.929(c)(4). An ALJ “will consider whether there are any inconsistencies in the evidence and the extent to which there are any conflicts” between the claimant’s statements and the other evidence. Id. In a report, Brock alleged that she has “sever [sic] light sensitivity” because of migraines, making “sitting at a computer for long periods … impossible.” Tr. 277. She alleged that her memory problems make retaining new information difficult. Tr. 277. She alleged that migraines cause her nausea, vomiting, and light-sensitivity, and that she must “isolate herself in a dark, quiet room.” Tr. 252. She alleged that, to calm her anxiety, she meditates, practices yoga, and plays video games. Tr. 245. In a questionnaire, Brock reported having daily headaches caused by “[l]oud noises, bright or flashing lights[,] some pitches in music, [and] smells.” Tr. 290. She alleged that her migraines last four to five days and her daily headaches “never go[] completely away.” Tr. 291. She explained that she must “lay in [a] dark room [with] ice packs on [her] head and neck.” Tr. 291. She reported being “very sensitive to noise and light.” Tr. 291.

At an April 2024 administrative hearing, Brock, then age 27, gave this testimony. She last worked in February 2018. Tr. 65. She drives, but not at night or in the rain because of “severe stigmatism [sic] from … migraines and [she] can’t really see well.” Tr. 64. She cannot take the trash out, and she needs help watering her plants. Tr. 64. Transferring laundry from the washing machine to the dryer causes her shoulders to dislocate. Tr. 64. She experiences daily headaches lasting twenty minutes to two or more weeks. Tr. 65. She had been receiving Botox injections. Tr. 65. She has “severe[,] chronic pain from … chronic migraines and headaches,” which sometimes hinders her ability to communicate and understand. Tr. 65. She cannot go outside without wearing special sunglasses because her eyes are sensitive to light. Tr. 66. She must use special filters on her phone and, when she goes into stores, must wear special glasses so that she does not get a migraine. Tr. 66. She must wear special glasses at home, “otherwise [she] will probably end up with a migraine within the next three days.” Tr. 67. The ALJ questioned Brock’s statements that she had migraines or headaches daily compared to her statements about preventative measures. Tr. 68. Brock testified: I always have a headache, 24/7. Sometimes it’s not very intense. Sometimes it’s so intense I can’t open my eyes or move. But my head always hurts. Migraines are different. The pain is much more intense. And I can’t really talk or function. A headache I can still like, function with but it depends on the severity of it. Tr. 68. Brock continued with this testimony. When she has a migraine, which happens “three and upwards of six times” a month, she is unable to do anything and lies in bed and tries to sleep. Tr. 68–69. She has trouble focusing on one thing for more than 20 minutes, finishing what she starts, and getting along with other people. Tr. 73. The ALJ found that Brock has the RFC to perform medium work, with additional limitations: [Brock] can frequently balance, crouch, kneel, and stoop. She can occasionally climb ramps and stairs, but should never crawl or climb ladders, ropes, and scaffolds. She must avoid even moderate exposure to extreme cold, excessive noise, and vibration. [Brock] can perform simple tasks. She can have no interaction with the public and occasional interaction with coworkers and supervisors. She cannot participate in tandem tasks. She must have low stress jobs defined as having occasional decision making required and having occasional changes in the work setting. Tr. 23. The ALJ summarized Brock’s allegations and testimony, including about light-sensitivity, severe pain, communication difficulties, and confusion. See Tr. 24. The ALJ found that Brock’s “medically determinable impairments could reasonably be expected to cause the alleged symptoms,” but her “statements concerning the intensity, persistence and limiting effects of these symptoms are not entirely consistent with the medical evidence and other evidence in the record” and “are not supported by the record as a whole.” Tr. 24–25. The ALJ explained, “The evidence demonstrates [that Brock] has the retained ability to perform work at the medium level with additional postural limitations to accommodate reduced capabilities caused by migraines and cardiac arrythmias.

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Bluebook (online)
Brock v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brock-v-commissioner-of-social-security-flmd-2025.