Denise Hogan v. Frank J. Bisignano, Commissioner of the Social Security Administration

District Court, E.D. Missouri·Decided August 19, 2026·No. 4:25-cv-00941·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

DENISE HOGAN, ) ) Plaintiff, ) ) v. ) Case No. 4:25-cv-00941-SRC ) FRANK J. BISIGNANO, ) Commissioner of the Social Security ) Administration, ) ) Defendant. )

Memorandum and Order Denise Hogan seeks judicial review, under 42 U.S.C. § 405(g), of the Commissioner of Social Security’s final decision denying her protective application for disability benefits under Title II of the Social Security Act. For the following reasons, the Court affirms the Commissioner’s decision. I. Procedural history In April 2023, Hogan applied for benefits, alleging disability beginning February 12, 2023. Tr. 409–24. The Social Security Administration denied her claim initially and upon reconsideration. Tr. 300–05; Tr. 321–24. Then after a hearing in June 2024, Tr. 193–218, and another in November 2024, Tr. 219–61, the ALJ denied Hogan’s claim on December 3, 2024, Tr. 136–58. Hogan appealed the ALJ’s decision to the Appeals Counsel. Tr. 404–06. The Appeals Counsel denied her request for review. Tr. 1–7. Thus, the ALJ’s decision became the Commissioner’s final decision, which this Court reviews, see 20 C.F.R. §§ 404.900(a)(5), 416.1400(a)(5). II. Standard for determining disability under the Act Under the Act, an adult individual is disabled “if he is unable to engage in any substantial

gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months.” 42 U.S.C. § 1382c(a)(3)(A). A claimant has a disability “only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.” 42 U.S.C. § 1382c(a)(3)(B). The Commissioner follows a five-step evaluation when evaluating whether the claimant has a disability. 20 C.F.R. §§ 404.1520(a)(1), 416.920(a)(1). First, the Commissioner considers the claimant’s work activity. 20 C.F.R. §§ 404.1520(a)(4)(i), 416.920(a)(4)(i). If the claimant is

engaged in substantial gainful activity, the claimant is not disabled. Id. Second, if the claimant is not engaged in substantial gainful activity, the Commissioner evaluates the evidence to determine whether the claimant has a severe “impairment[] . . . [that] significantly limits [the claimant’s] physical or mental ability to do basic work activities.” 20 C.F.R. § 404.1520(c). “An impairment is not severe if it amounts only to a slight abnormality that would not significantly limit the claimant’s physical or mental ability to do basic work activities.” Kirby v. Astrue, 500 F.3d 705, 707 (8th Cir. 2007) (first citing Bowen v. Yuckert, 482 U.S. 137, 141 (1987); then citing id. at 158 (O’Connor, J., concurring); and then citing 20 C.F.R. § 404.1521(a)). Third, if the claimant has a severe impairment, the Commissioner considers the impairment’s medical severity. 20 C.F.R. §§ 404.1520(a)(4)(iii), 416.920(a)(4)(iii). If the impairment meets or equals one of the presumptively disabling impairments listed in the regulations, the claimant is considered disabled, regardless of age, education, and work

experience. 20 C.F.R. § 404.1520(a)(4)(iii), (d). Fourth, if the claimant’s impairment is severe, but it does not meet or equal one of the presumptively disabling impairments, the Commissioner assesses whether the claimant retains the residual functional capacity (RFC) to perform his or her past relevant work. 20 C.F.R. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). “RFC is defined as the most a claimant can still do despite his or her physical or mental limitations.” Martise v. Astrue, 641 F.3d 909, 923 (8th Cir. 2011) (quoting Leckenby v. Astrue, 487 F.3d 626, 631 n.5 (8th Cir. 2007)). While RFC must be “based on all relevant evidence, including the medical records, observations of treating physicians and others, and an individual’s own description of his limitations,” RFC is nonetheless an administrative assessment—not a medical assessment—and therefore “it is the

responsibility of the ALJ, not a physician, to determine a claimant’s RFC.” Boyd v. Colvin, 831 F.3d 1015, 1020 (8th Cir. 2016). Thus, “there is no requirement that an RFC finding be supported by a specific medical opinion.” Hensley v. Colvin, 829 F.3d 926, 932 (8th Cir. 2016) (citation omitted). Ultimately, the claimant is responsible for providing evidence relating to his or her RFC, and the Commissioner is responsible for developing the claimant’s “complete medical history, including arranging for a consultative examination[] if necessary, and making every reasonable effort to help [the claimant] get medical reports from [the claimant’s] own medical sources.” 20 C.F.R. § 404.1545(a)(3). If the Commissioner determines that the claimant retains the RFC to perform past relevant work, he or she is not disabled. 20 C.F.R. § 404.1520(a)(4)(iv). Finally, if the claimant’s RFC does not allow the claimant to perform past relevant work, the burden shifts to the Commissioner to produce evidence showing the claimant maintains the

Free access — add to your briefcase to read the full text and ask questions with AI

Denise Hogan v. Frank J. Bisignano, Commissioner of the Social Security Administration, (E.D. Mo. 2026).

Denise Hogan v. Frank J. Bisignano, Commissioner of the Social Security Administration (Denise Hogan v. Frank J. Bisignano, Commissioner of the Social Security Administration) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Bowen v. Yuckert
482 U.S. 137 (Supreme Court, 1987)
Martise v. Astrue
641 F.3d 909 (Eighth Circuit, 2011)
Kirby v. Astrue
500 F.3d 705 (Eighth Circuit, 2007)
Samons v. Astrue
497 F.3d 813 (Eighth Circuit, 2007)
Katherine Johnson v. Carolyn Colvin
788 F.3d 870 (Eighth Circuit, 2015)
Carrie Andrews v. Carolyn W. Colvin
791 F.3d 923 (Eighth Circuit, 2015)
Robert Crawford v. Carolyn W. Colvin
809 F.3d 404 (Eighth Circuit, 2015)
KKC v. Carolyn W. Colvin
818 F.3d 364 (Eighth Circuit, 2016)
Laura Julin v. Carolyn W. Colvin
826 F.3d 1082 (Eighth Circuit, 2016)
Marcus Hensley v. Carolyn W. Colvin
829 F.3d 926 (Eighth Circuit, 2016)
Willie Boyd, Jr. v. Carolyn W. Colvin
831 F.3d 1015 (Eighth Circuit, 2016)
Lacey Reece v. Carolyn Colvin
834 F.3d 904 (Eighth Circuit, 2016)