Deborah W. v. Frank Bisignano, Acting Commissioner of Social Security

District Court, S.D. Texas·Decided August 18, 2026·No. 4:25-cv-03435·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT August 18, 2026 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION

DEBORAH W.,1 § § Plaintiff, § § v. § No. 4:25-cv-3435

§ FRANK BISIGNANO, § Acting Commissioner of Social § Security, §

§ Defendant.

MEMORANDUM AND ORDER

Plaintiff Deborah W. (“Plaintiff”) filed this suit seeking judicial review of an administrative decision. Pl.’s Compl., ECF No. 1. Jurisdiction is predicated upon 42 U.S.C. § 405(g). Plaintiff appeals from the decision of the Commissioner of the Social Security Administration (“Commissioner”) denying her claim for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act (“the Act”).2 The parties filed cross motions for summary judgment. Pl.’s MSJ, ECF No. 8; Def.’s MSJ, ECF No. 13. Plaintiff seeks an order rendering benefits or remand for further consideration, arguing that the ALJ’s RFC

1 Pursuant to the May 1, 2018 “Memorandum Re: Privacy Concern Regarding Social Security and Immigration Opinions” issued by the Committee on Court Administration and Case Management of the Judicial Conference of the United States, the Court uses only Plaintiff’s first name and last initial. 2 Based on the parties’ consent, the case was transferred to this Court to conduct all proceedings pursuant to 28 U.S.C. § 636(c). Order Transferring, ECF No. 11. determination is unsupported by substantial evidence because the ALJ failed to properly evaluate the opinion of Nurse Practitioner Keyana Collins. Pl.’s Brief, ECF

No. 9. Commissioner counters that the ALJ’s RFC determination is supported by substantial evidence. ECF No. 13. Based on the briefing, the record, and the applicable law, the Court finds that the ALJ appropriately assessed the record’s

medical opinions in determining Plaintiff’s RFC. Thus, Commissioner’s motion for summary judgment is granted, Plaintiff’s motion for summary judgment is denied, and the ALJ’s decision is affirmed. I. BACKGROUND

Plaintiff is 65 years old, R. 683 and earned her high school diploma. R. 50. Plaintiff worked as a collection clerk. R. 83, 90. Plaintiff alleges a disability onset date of October 18, 2021. R. 68, 78. Plaintiff claims she suffers from physical

impairments. R. 68, 78. On October 29, 2021, Plaintiff filed her application for disability insurance benefits and supplemental security income under Titles II and XVI of the Act. R. 216–21, 222–31. Plaintiff based 4 her application on “(COPD) - Chronic

3 “R.” citations refer to the electronically filed Administrative Record, ECF No. 4. 4 For Plaintiff’s disability insurance benefits, the relevant time period is October 18, 2021— Plaintiff’s alleged onset date—through December 31, 2025—Plaintiff’s last insured date. R. 27. The Court will consider medical evidence outside this period to the extent it demonstrates whether Plaintiff was under a disability during the relevant time frame. See Williams v. Colvin, 575 F. App’x 350, 354 (5th Cir. 2014); Loza v. Apfel, 219 F.3d 378, 396 (5th Cir. 2000). Bronchitis, Osteoarthritis B Knees, Back.” R. 68, 78. The Commissioner denied Plaintiff’s claim initially, R. 62–77, and on reconsideration. R. 78–91.

A hearing was held before an Administrative Law Judge (“ALJ”). R. 46–61. An attorney represented Plaintiff at the hearing. Plaintiff and a vocational expert (“VE”) testified at the hearing. The ALJ issued a decision denying Plaintiff’s request for benefits.5 R. 22–43. The Appeals Council denied Plaintiff’s request for review,

upholding the ALJ’s decision to deny benefits. R. 9–14. Plaintiff appealed the Commissioner’s ruling to this Court. ECF No. 1. II. STANDARD OF REVIEW OF COMMISSIONER’S DECISION.

The Social Security Act provides for district court review of any final decision of the Commissioner that was made after a hearing in which the claimant was a

5 An ALJ must follow five steps in determining whether a claimant is disabled. 20 C.F.R. § 416.920(a)(4). The ALJ here determined Plaintiff was not disabled at step four. R. 37. At step one, the ALJ found that Plaintiff did not engage in substantial gainful activity during the period from his alleged onset date through his date last insured. R. 27 (citing 20 C.F.R. § 404.1571 et seq., § 416.971 et seq.). At step two, the ALJ found that Plaintiff has the following severe impairments: degenerative disc disease of the lumbar and cervical spine; osteoarthritis of bilateral knee; and chronic obstructive pulmonary disease (COPD)/bronchitis. R. 28 (citing 20 C.F.R. §§ 404.1520 (c), 416.920(c)). At step three, the ALJ determined that Plaintiff did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments in the regulations that would lead to a disability finding. R. 31 (referencing 20 C.F.R. §§ 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925, 416.926). The ALJ found that Plaintiff has the RFC to perform light work as defined in 20 CFR §§ 404.1567(b) and 416.967(b) except the claimant can occasionally climb ladders, ropes, and scaffolds. The claimant can occasionally climb ramps and stairs. The claimant can frequently balance, stoop, and crouch but is limited to occasional kneeling and crawling. The claimant’s walking must be on smooth, even surfaces. The claimant can work with exposure to dusts, gases, and fumes, which is at or below the levels found in typical home, retail, restaurants, and office environments. R. 31. At step four, the ALJ determined that through the date last insured, Plaintiff was able to perform her past relevant work as a collection clerk. R. 36 (citing 20 C.F.R. §§ 404.1565, 416.965). Therefore, the ALJ concluded that Plaintiff was not disabled. R. 37. party. 42 U.S.C. § 405(g). In performing that review: The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner . . ., with or without remanding the cause for a rehearing. The findings of the Commissioner . . . as to any fact, if supported by substantial evidence, shall be conclusive[.]

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Deborah W. v. Frank Bisignano, Acting Commissioner of Social Security, (S.D. Tex. 2026).

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