Graham v. Bisignano

CourtDistrict Court, M.D. Pennsylvania
DecidedAugust 18, 2025
Docket1:24-cv-00832
StatusUnknown

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

Bluebook
Graham v. Bisignano, (M.D. Pa. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

LANCE GRAHAM, : CIVIL NO.: 1:24-cv-00832 : Plaintiff, : (Magistrate Judge Schwab) : v. : : : FRANK BISIGNANO,1 : Commissioner of Social Security, : : Defendant. :

MEMORANDUM OPINION I. Introduction. In this social security action, Plaintiff Lance Graham seeks judicial review of the final decision of the Commissioner of Social Security (“Commissioner”) denying his claim for disability insurance benefits under Title II of the Social Security Act. We have jurisdiction under 42 U.S.C. §§ 405(g). For the reasons set forth below, we will affirm the Commissioner’s decision and enter judgment in favor of the Commissioner.

1 Frank Bisignano is now the Commissioner of Social Security, and he is automatically substituted as the defendant in this action. See Fed. R. Civ. P. 25(d) (providing that when a public officer sued in his or her official capacity ceases to hold office while the action is pending, “[t]he officer’s successor is automatically substituted as a party”); 42 U.S.C. § 405(g) (“Any action instituted in accordance with this subsection shall survive notwithstanding any change in the person occupying the office of Commissioner of Social Security or any vacancy in such office.”). II. Background and Procedural History. We refer to the transcript provided by the Commissioner. See docs. 9-1 to 9- 7.2 In July 2021, Graham protectively filed3 an application for disability insurance

benefits. See Admin. Tr. at 222–23. He contends that he has been disabled since October 1, 2019. Id. at 41, 45.4 After the Commissioner denied his claim at the initial level and at the reconsideration level of administrative review, Graham

requested an administrative hearing. Id. at 143. In December 2022, Graham — who was represented by counsel—as well as a vocational expert testified at a hearing before Administrative Law Judge Sharon Zanotto (the “ALJ”). Id. at 33–

76. In May 2023, the ALJ denied Graham’s claim for benefits. Id. at 15–32. Graham appealed the ALJ’s decision to the Appeals Council, which denied his

2 Because the facts of this case are well known to the parties, we do not repeat them here in detail. Instead, we recite only those facts that bear on Graham’s claims. 3 “Protective filing is a term for the first time an individual contacts the Social Security Administration to file a claim for benefits.” Stitzel v. Berryhill, No. 3:16-CV-0391, 2017 WL 5559918, at *1 n.3 (M.D. Pa. Nov. 9, 2017). “A protective filing date allows an individual to have an earlier application date than the date the application is actually signed.” Id. 4 Although Graham alleged in his application for benefits that he has been disabled since November 16, 2016, see Admin. Tr. at 222, at the hearing before the Administrative Law Judge, he amended his alleged onset date to October 1, 2019, Id. at 41, 45. October 1, 2019, is after a prior ALJ issued a decision denying Graham benefits. See id. at 78–95 (prior ALJ decision dated Sept. 24, 2019). It appears that Graham amended his alleged onset date to October 1, 2019, to avoid any overlap with the time period at issue in connection with his prior claim and any res judicata issues that may arise if the time periods overlap. request for review. Id. at 1–6. This makes the ALJ’s decision the final decision of the Commissioner subject to judicial review by this Court.

In May 2024, Graham, represented by counsel, began this action by filing a complaint seeking review of the Commissioner’s decision denying his claim. See Doc. 1. He requests that the court find that he is entitled to benefits, remand the

case to the Commissioner for further proceedings, or grant such relief as is justified. Id. ¶14 (Wherefore Clause). The parties consented to proceed before a magistrate judge pursuant to 28 U.S.C. § 636(c), and the case was referred to the undersigned. Doc. 7. The

Commissioner then filed an answer and a certified transcript of the administrative proceedings. Docs. 8, 9. The parties filed briefs, see docs. 16, 20, 23, and this matter is ripe for decision.

III. Legal Standards. A. Substantial Evidence Review—the Role of This Court. When reviewing the Commissioner’s final decision denying a claimant’s

application for benefits, “the court has plenary review of all legal issues decided by the Commissioner.” Ficca v. Astrue, 901 F. Supp. 2d 533, 536 (M.D. Pa. 2012). But the court’s review of the Commissioner’s factual findings is limited to whether

substantial evidence supports those findings. See 42 U.S.C. § 405(g); Biestek v. Berryhill, 587 U.S. 97, 99 (2019). “[T]he threshold for such evidentiary sufficiency is not high.” Biestek, 587 U.S. at 103. Substantial evidence “means—

and means only—‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” Id. (quoting Consol. Edison Co. of New York v. N.L.R.B., 305 U.S. 197, 229 (1938)).

Substantial evidence “is less than a preponderance of the evidence but more than a mere scintilla.” Jesurum v. Sec’y of U.S. Dep’t of Health & Human Servs., 48 F.3d 114, 117 (3d Cir. 1995). A single piece of evidence is not substantial evidence if the ALJ ignores countervailing evidence or fails to resolve a conflict

created by the evidence. Mason v. Shalala, 994 F.2d 1058, 1064 (3d Cir. 1993). But in an adequately developed factual record, substantial evidence may be “something less than the weight of the evidence, and the possibility of drawing two

inconsistent conclusions from the evidence does not prevent [the ALJ’s] finding from being supported by substantial evidence.” Consolo v. Fed. Maritime Comm’n, 383 U.S. 607, 620 (1966). “In determining if the Commissioner’s decision is supported by substantial evidence the court must scrutinize the record as a whole.”

Leslie v. Barnhart, 304 F.Supp.2d 623, 627 (M.D. Pa. 2003). The question before this court, therefore, is not whether Graham is disabled, but whether substantial evidence supports the Commissioner’s finding that he is

not disabled and whether the Commissioner correctly applied the relevant law. B. Initial Burdens of Proof, Persuasion, and Articulation. To receive benefits under Title II of the Social Security Act, a claimant must demonstrate an “inability 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); 20 C.F.R.

§ 404.1505(a).

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Consolo v. Federal Maritime Commission
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Johnson v. Commissioner of Social Security
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