Gaither v. Dudek

District Court, District of Columbia·Decided April 24, 2026·No. Civil Action No. 2025-1234·Published

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

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.

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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