Donacick v. Bisignano

CourtDistrict Court, D. Minnesota
DecidedSeptember 30, 2025
Docket0:24-cv-02685
StatusUnknown

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

Bluebook
Donacick v. Bisignano, (mnd 2025).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA KARRISSA D.,1 Civil No. 24-2685 (JRT/SGE) Plaintiff,

v. MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND FRANK BISIGNANO, RECOMMEDATION COMMISSIONER OF SOCIAL SECURITY,

Defendant. Bryan Konoski, KONOSKI & PARTNERS, P.C., 180 Tices Lane, Suite 204, Building A, East Brunswick, NJ 08816, for Plaintiff.

Ana H. Voss, UNITED STATES ATTORNEY’S OFFICE, 300 South Fourth Street, Suite 600, Minneapolis, MN, 55415; Frank D. Tankard, James D. Sides, and Sophie Doroba, SOCIAL SECURITY ADMINISTRATION, OFFICE OF PROGRAM LITIGATION, 6401 Security Boulevard, Baltimore, MD 21235, for Defendant.

The Commissioner of Social Security denied Plaintiff Karrissa D.’s (“Plaintiff”) application for disability insurance benefits. After a hearing, the administrative law judge (“ALJ”) determined that Plaintiff was not disabled under the Social Security Act. Plaintiff then brought this action against the Commissioner seeking review of the denial of her application for benefits. Magistrate Judge Shannon G. Elkins issued a Report and Recommendation (“R. & R.”) recommending that the Court deny Plaintiff’s request for

1 The District of Minnesota has adopted the policy of using only the first name and last initial of nongovernmental parties in Social Security cases. The Court therefore refers to the Plaintiff in this Order using only her first name and last initial. relief and affirm the Commissioner’s denial of benefits. Plaintiff timely objected to the R. & R. Upon de novo review, see 28 U.S.C. § 636(b)(1)(c); D. Minn. LR 72.1(c)(2),) the Court

will overrule Plaintiff’s objections, adopt the R. & R., and affirm the Commissioner’s denial of benefits because the ALJ’s decision is supported by substantial evidence. BACKGROUND

The Court will first summarize the relevant statutory and regulatory framework, and then the Court will briefly detail the relevant factual and procedural background before providing its analysis. I. STATUTORY AND REGULATORY FRAMEWORK

To receive Social Security Disability benefits, an applicant must be “disabled,” as defined by the Social Security Act (the “SSA”). An individual is “disabled” under the SSA if he or she 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). Under the SSA, the Social Security Administration follows a five-step sequential analysis to determine whether a claimant is disabled, considering: (1) whether the claimant is engaged in substantial gainful activity;

(2) whether the claimant has a severe impairment; (3) whether the claimant's impairment meets or is equivalent to a listed impairment; (4) whether the claimant has sufficient residual functional capacity to return to her past work; and (5) whether the claimant can do other work existing in significant numbers in the regional or national economy. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). Before proceeding to step four, the ALJ must

assess the claimant’s Residual Functional Capacity (“RFC”). 20 C.F.R. §§ 404.1545(a), 416.945(a); see also Eichelberger v. Barnhart, 390 F.3d 584, 591 (8th Cir. 2004). The “[RFC] assessment determines what claimants would be capable of doing despite their physical and mental limitations.” Juszczyk v. Astrue, 542 F.3d 626, 631 (8th Cir. 2008) (citing 20

C.F.R. § 404.1545(a)). Assessing a claimant’s RFC is a “medical question,” and requires the ALJ to evaluate “all relevant evidence, including medical records, observations of treating physicians and others, and the claimant’s own descriptions of his or her

limitations.” Eichelberger, 390 F.3d at 591. II. FACTUAL BACKROUND

A. Plaintiff’s Disability Application On January 16, 2021, Karrissa D. applied for a period of disability and disability insurance benefits, alleging that she became disabled on January 3, 2021. (Soc. Sec. Administrative R. (“Admin. R.”) at 13, Sept. 12, 2024, Docket No. 7.)2 Plaintiff alleged disability due to polycystic ovarian syndrome, right knee patellofemoral dysfunction, left shoulder tendinopathy, psychogenic seizures, borderline personality, posttraumatic

stress disorder, generalized anxiety disorder, depression, iron deficiency anemia, gastroesophageal reflux disease, and obesity. (Id. at 15–16.) Plaintiff’s application was

2 The Court cites to the CM/ECF pagination of the administrative record. denied initially, denied again upon reconsideration, and denied after a hearing before the ALJ. (Id. at 13, 24.)

B. Medical Opinions3 The psychologist in the initial level determination opined that Plaintiff would have a mild limitation in understanding, remembering or applying information, concentration, persistence, pace, and adapting or managing herself, but she would not have any

limitation on her interactions with others. (Id. at 21.) The reconsideration psychologist stated that Plaintiff would have a mild limitation on her ability to understand, remember, and apply information and moderate limitations interacting with others, concentrating, persisting and maintaining pace, and adapting and

managing herself. (Id. at 22.) The ALJ described the psychologist’s opinion, in relevant part, as follows: She is capable of performing the basic mental demands of simple, unskilled work. The claimant is likely to struggle when interacting with the general public or when receiving criticism from supervisors. She would be able to work best away from the public and would likely need extra time to accept criticism. She retains the ability to follow basic work expectations. The claimant would have some difficulty being around other people for extended periods of time. The claimant would do better in jobs with little in the way of changes in the work setting. Major changes may induce stress and case exacerbation of her anxiety and mental health symptoms which cause a physical reaction in the form of pseudo seizure activity. The psychologist concluded that within the parameters of a static work environment, with few changes in the day-to-day work routine, only brief

3 Although the record references several medical opinions, the Court refers only to those relevant to this appeal. and superficial workplace interactions, and only routine, predictable work stressors, the claimant appears capable of simple, routine work tasks mentally.

(Id.) C. The ALJ’s Decision The ALJ followed the required five-step sequential evaluation process under 20 C.F.R. § 404.1520 and determined that Plaintiff was not disabled. (Id. at 14–15.) At step one, the ALJ found that Plaintiff did not engage in substantial gainful activity between her alleged onset date through her last insured date. (Id. at 15.) Although Plaintiff worked at Door Dash after the alleged onset date, the ALJ found that this work did not constitute substantial gainful activity. (Id.) At step two, the ALJ found Plaintiff had the following

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