Frank L. v. Frank Bisignano, Commissioner of the Social Security Administration

CourtDistrict Court, S.D. West Virginia
DecidedNovember 25, 2025
Docket3:25-cv-00146
StatusUnknown

This text of Frank L. v. Frank Bisignano, Commissioner of the Social Security Administration (Frank L. v. Frank Bisignano, Commissioner of the Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, S.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Frank L. v. Frank Bisignano, Commissioner of the Social Security Administration, (S.D.W. Va. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

HUNTINGTON DIVISION

FRANK L.,

Plaintiff,

v. Case No.: 3:25-cv-00146

FRANK BISIGNANO, Commissioner of the Social Security Administration,

Defendant.

PROPOSED FINDINGS AND RECOMMENDATIONS

This action seeks a review of the decision of the Commissioner of the Social Security Administration (hereinafter “Commissioner”) denying Plaintiff’s application for a period of disability and disability insurance benefits (“DIB”) under Title II of the Social Security Act, 42 U.S.C. §§ 401-433. The matter is assigned to the Honorable Robert C. Chambers, United States District Judge, and was referred to the undersigned United States Magistrate Judge by standing order for submission of proposed findings of fact and recommendations for disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Presently pending before the Court are the parties’ briefs seeking judgment on the pleadings. (ECF Nos. 6, 8). The undersigned has fully considered the evidence and the arguments of counsel. For the following reasons, the undersigned respectfully RECOMMENDS that Plaintiff’s request for judgment on the pleadings, (ECF No. 6), be DENIED; the Commissioner’s request for judgment on the pleadings, (ECF No. 8), be GRANTED; the Commissioner’s decision be AFFIRMED; and this case be DISMISSED and removed from the docket of the Court. I. Procedural History In November 2021, Plaintiff protectively applied for DIB, alleging disability beginning on February 28, 2020, due to “chronic back pain – L5 nerve damage, low vision

– wears bifocals, and severe arm pain – bilateral carpal tunnel syndrome.” (Tr. 224-228, 273). The state agency denied the claim initially and on reconsideration (Tr. 99-108, 111- 118). Plaintiff requested a hearing before the ALJ, which was held on February 8, 2024. (Tr. at 37-76, 119-122). During the hearing, Claimant amended his alleged onset date to April 1, 2022. (Tr. at 17, 48). In a decision dated March 21, 2024, the ALJ found that Claimant was not disabled. (Tr. 14-36). Plaintiff requested review of the ALJ’s decision, but the Appeals Council determined that there was no basis to grant the request. (Tr. 1-6, 197-223). Thus, the ALJ’s decision became the final decision of the Commissioner. Claimant timely filed the present civil action, seeking judicial review pursuant to 42 U.S.C. § 405(g). (ECF No. 2). The Commissioner filed a Transcript of the Administrative Proceedings. (ECF No. 5). Claimant filed a Brief in Support of Motion for

Judgment on the Pleadings, (ECF No. 6), and the Commissioner filed a Brief in Support of Defendant’s Decision, (ECF No. 8). The time period within which Claimant could reply to the Commissioner’s response has expired. Consequently, the matter is fully briefed and ready for resolution. II. Claimant’s Background Claimant was 53 years old on his amended alleged disability onset date and 55 years old on the date of the ALJ’s decision. (Tr. at 29). He has a college degree, communicates in English, and previously worked as a registered nurse and pizza manager. (Tr. at 68, 272, 274). III. Summary of ALJ’s Decision Under 42 U.S.C. § 423(d)(5), a claimant seeking disability benefits has the burden of proving a disability. See Blalock v. Richardson, 483 F.2d 773, 774 (4th Cir. 1972). A disability is defined as the “inability to engage in any substantial gainful activity by reason

of any medically determinable impairment which has lasted or can be expected to last for a continuous period of not less than 12 months.” 42 U.S.C. § 423(d)(1)(A). The Social Security Regulations establish a five-step sequential evaluation process for the adjudication of disability claims. If an individual is found “not disabled” at any step of the process, further inquiry is unnecessary, and benefits are denied. 20 C.F.R. § 404.1520. The first step in the sequence is determining whether a claimant is currently engaged in substantial gainful employment. Id. § 404.1520(b). If the claimant is not, then the second step requires a determination of whether the claimant suffers from a severe impairment. Id. § 404.1520(c). If severe impairment is present, the third inquiry is whether this impairment meets or equals any of the impairments listed in Appendix 1 to Subpart P of the Administrative Regulations No. 4 (the “Listing”), found at 20 C.F.R § Pt.

404, Subpt. P, App. 1. Id. § 404.1520(d). If the impairment does, then the claimant is found disabled and awarded benefits. However, if the impairment does not meet or equal a listed impairment, the adjudicator must determine the claimant’s residual functional capacity (“RFC”), which is the measure of the claimant’s ability to engage in substantial gainful activity despite the limitations of his or her impairments. Id. § 404.1520(e). After making this determination, the fourth step is to ascertain whether the claimant’s impairments prevent the performance of past relevant work. Id. § 404.1520(f). If the impairments do prevent the performance of past relevant work, then the claimant has established a prima facie case of disability, and the burden shifts to the Commissioner to demonstrate, as the fifth and final step in the process, that the claimant is able to perform other forms of substantial gainful activity, when considering the claimant’s remaining physical and mental capacities, age, education, and prior work experiences. 20 C.F.R. § 404.1520(g); see also

McLain v. Schweiker, 715 F.2d 866, 868-69 (4th Cir. 1983). The Commissioner must establish two things: (1) that the claimant, considering his or her age, education, skills, work experience, and physical shortcomings has the capacity to perform an alternative job, and (2) that this specific job exists in significant numbers in the national economy. McLamore v. Weinberger, 538 F.2d 572, 574 (4th Cir. 1976). Here, the ALJ determined as a preliminary matter that Claimant met the insured status for DIB through June 30, 2027. (Tr. at 19, Finding No. 1). At the first step of the sequential evaluation, the ALJ confirmed that Claimant had not engaged in substantial gainful activity since his amended alleged disability onset date. (Id., Finding No. 2). At the second step of the evaluation, the ALJ found that Claimant had the following severe impairments: spine disorder with lumbar stenosis status post lumbar fusion and status

post decompression, left foot drop, and carpal tunnel syndrome. (Tr. at 20, Finding No. 3). The ALJ also considered Claimant’s tiny lung nodules, liver cysts, diverticulosis in the sigmoid colon and descending colon, internal hemorrhoids, degenerative joint disease of the shoulders, degenerative disc disease of the cervical spine, bile duct stone status post ERCP, gout, and obesity, but the ALJ found that the impairments were not severe. (Tr. at 20).

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Frank L. v. Frank Bisignano, Commissioner of the Social Security Administration, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-l-v-frank-bisignano-commissioner-of-the-social-security-wvsd-2025.