Gaither v. Dudek

CourtDistrict Court, District of Columbia
DecidedApril 24, 2026
DocketCivil Action No. 2025-1234
StatusPublished

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

Bluebook
Gaither v. Dudek, (D.D.C. 2026).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

KIMBERLY G., 1

Plaintiff, Civil Action No. 25 - 1234 (SLS) v. Judge Sparkle L. Sooknanan FRANK BISIGNANO, Commissioner of Social Security, 2

Defendant.

MEMORANDUM OPINION

Kimberly G. is a 60-year-old woman with physical and mental impairments related to

breast cancer, degenerative joint disease, and post-traumatic stress disorder (PTSD). In this action,

Ms. G. challenges the Social Security Administration’s denial of her claim for disability insurance

benefits. She contends that the administrative law judge (ALJ) who issued the decision did not

accurately assess the ways in which her mental impairments and medication side effects limit her

ability to work. Relatedly, she argues that the ALJ failed to properly evaluate her subjective

complaints. The Court is sympathetic to Ms. G.’s situation and recognizes the impact that her

health conditions have had on her life. Nonetheless, because the ALJ’s decision is supported by

1 The Court partially redacts the Plaintiff’s name in accordance with the recommendation of the Committee on Court Administration and Case Management of the Judicial Conference of the United States. See Memorandum from Hon. Wm. Terrell Hodges, Chair, Comm. on Ct. Admin. & Case Mgmt. to Chief Judges of the U.S. Cts. of Appeals, Chief Judges of the U.S. Cts., Clerks of the U.S. Cts. of Appeals, and Clerks of the U.S. Dist. Cts. (May 1, 2018), available at https://perma.cc/75ZR-GLBP. 2 The current Commissioner is substituted for his predecessor pursuant to Federal Rule of Civil Procedure 25(d). substantial evidence, the Court may not substitute its judgment for that of the ALJ. The Court thus

grants the Commissioner’s motion and affirms the ALJ’s decision.

BACKGROUND

A. Statutory Background

“The Social Security Act establishes a program for providing ‘disability insurance benefits’

to eligible individuals and ‘supplemental security income to individuals who have attained age 65

or are blind or disabled.’” Cunningham v. Colvin, 46 F. Supp. 3d 26, 28 (D.D.C. 2014) (citing 42

U.S.C. §§ 423, 1381, 1381a). An individual is disabled if they are 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 12 months.” 42 U.S.C. § 423(d)(1)(A).

To determine whether an individual is “disabled and entitled to disability benefits,” the

Social Security Administration conducts a “five-step sequential analysis.” Richardson v.

Bisignano, No. 22-cv-2488, 2025 WL 2022791, at *1 (D.D.C. July 18, 2025) (citing 20 C.F.R.

§ 404.1520). At step one, a claimant must establish that she is not currently engaged in “substantial

gainful activity.” 20 C.F.R. § 404.1520(a)(4)(i). At step two, she must show that she has a “severe

medically determinable physical or mental impairment.” Id. § 404.1520(a)(4)(ii). At step three,

she must demonstrate that her impairment is equivalent to one of a specific list of impairments that

are conclusively presumed to be disabilities. Id. § 404.1520(a)(4)(iii); see 20 C.F.R. pt. 404, subpt.

P, app. 1 (“Listing of Impairments”).

If the claimant’s impairment is not listed, then “before step four, the ALJ assesses the

claimant’s residual functioning capacity (‘RFC’).” Richardson, 2025 WL 2022791, at *1 (citing

20 C.F.R. § 404.1520(e)). Put simply, an RFC is “what an individual can still do despite his or her

limitations.” Katrina M. v. O’Malley, 752 F. Supp. 3d 1, 5 (D.D.C. 2024) (quoting SSR 96-8p, 61

2 Fed. Reg. 34474, 34475 (July 2, 1996)). At step four, a claimant must show that because of her

RFC, she cannot perform her “past relevant work.” 20 C.F.R. § 404.1520(a)(4)(iv). If she does

this, the burden then shifts to the Social Security Commissioner at step five to show that there is

other work that the claimant could do in the national economy based on her RFC, “age, education,

and work experience.” Id. § 404.1520(a)(4)(v); see also Butler v. Barnhart, 353 F.3d 992, 997

(D.C. Cir. 2004). “The Commissioner typically offers such evidence through the testimony of a

vocational expert responding to a hypothetical that incorporates the claimant’s RFC and vocational

factors.” Richardson, 2025 WL 2022791, at *2 (citing 20 C.F.R. § 404.1566(e)). “If the applicant

prevails at each step, then [s]he is deemed disabled and qualifies for disability benefits.” Id. (citing

20 C.F.R. § 404.1520(a)(4)).

B. Factual and Procedural Background

Ms. G. is a sixty-year-old woman who resides in Washington, DC. Admin. Rec. (AR) 132,

ECF No. 4. 3 She completed high school and about “two and a half years” of college but has no

additional vocational training. AR 38. She has previously worked as a “nurse assistant” and as a

“data entry clerk.” AR 45.

Ms. G. initially filed an application for disability insurance benefits on October 3, 2022,

alleging that she had become disabled on June 27, 2022, because of breast cancer and high blood

pressure. AR 66–67, 132–33, 182. Ms. G. later amended her disability onset date to September 27,

2022, the date that she had her first breast-cancer surgery. AR 15, 39, 153. The agency initially

denied her claim and her application for reconsideration. AR 15. Ms. G. requested a hearing, which

was held on March 18, 2024. AR 15, 34–64. At that hearing, the ALJ heard testimony from Ms. G.

and a vocational expert. AR 34–64.

3 AR refers to the Administrative Record docketed as ECF Nos. 4 and 4-1 through 4-11.

3 On May 3, 2024, the ALJ issued a decision again denying Ms. G.’s claim, finding that she

was not disabled under the Social Security Act. AR 12–25. The ALJ reached his conclusion after

conducting the usual five-step sequential analysis.

At step one, he found that Ms. G. had “not engaged in substantial gainful activity since

September 27, 2022.” AR 17.

At step two, he determined that Ms. G. had “the following severe impairments: malignant

neoplasm of breast with left upper extremity residual impacts, and right knee degenerative joint

disease and osteoarthritis.” Id. The ALJ found that these “medically determinable impairments

significantly limit[ed] [Ms. G.’s] ability to perform basic work activities.” Id. But he declined to

find that Ms. G.’s “mental impairment of post-traumatic stress disorder” was similarly severe. AR

18. Instead, the ALJ found that Ms. G.’s PTSD did not “cause more than [a] minimal limitation”

on her “ability to perform basic mental work activities and [was] therefore nonsevere.” Id.

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Related

Butler, Joan S. v. Barnhart, Jo Anne B.
353 F.3d 992 (D.C. Circuit, 2004)
Banks v. ASTURE
537 F. Supp. 2d 75 (District of Columbia, 2008)
Lane-Rauth v. Barnhart
437 F. Supp. 2d 63 (District of Columbia, 2006)
Cunningham v. Colvin
46 F. Supp. 3d 26 (District of Columbia, 2014)
McLaurin v. Colvin
121 F. Supp. 3d 134 (District of Columbia, 2015)
Williams v. Colvin
134 F. Supp. 3d 358 (District of Columbia, 2015)
Biestek v. Berryhill
587 U.S. 97 (Supreme Court, 2019)

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Gaither v. Dudek, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaither-v-dudek-dcd-2026.