HAMMOND v. DUDEK

CourtDistrict Court, E.D. Pennsylvania
DecidedOctober 7, 2025
Docket2:25-cv-01337
StatusUnknown

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

Bluebook
HAMMOND v. DUDEK, (E.D. Pa. 2025).

Opinion

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

DORIS H., : CIVIL ACTION Plaintiff, : : vs. : NO. 25-cv-1337 : FRANK BISIGNANO, : Commissioner of Social Security, : Defendant. :

MEMORANDUM OPINION

LYNNE A. SITARSKI UNITED STATES MAGISTRATE JUDGE October 7, 2025

Plaintiff Doris H. brought this action seeking review of the Commissioner of Social Security Administration’s decision denying her claim for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401-433, 1381-1383f. This matter is before me for disposition upon consent of the parties. For the reasons set forth below, Plaintiff’s Request for Review (ECF No. 11) is DENIED.

I. PROCEDURAL HISTORY This case is before me for the second time, after I remanded to the Administrative Law Judge (ALJ) based on errors related to her treatment of Plaintiff’s post-traumatic stress disorder (PTSD) diagnosis and the medical opinion of her treating psychiatrist, Beatrice Desir, D.O. See Hammond v. O’Malley, 735 F. Supp. 3d 567 (E.D. Pa. 2024). Plaintiff initially protectively filed for SSDI and SSI on February 10, 2020, alleging disability since January 14, 2020, due to mental illness, headaches, high blood pressure, fatigue, and numbness in her hands and feet. (R. 128-29, 310, 322). Plaintiff’s applications were denied at the initial level and upon reconsideration, and Plaintiff requested a hearing before an ALJ. (R. 86-171, 215-16). Plaintiff, represented by counsel, and a vocational expert (VE) testified at the October 14, 2021, administrative hearing. (R. 40-69). On November 23, 2021, the ALJ issued a decision unfavorable to Plaintiff. (R. 21-

39). Plaintiff appealed her decision, but the Appeals Council denied Plaintiff’s request for review on March 27, 2023, thus making the ALJ’s decision the final decision of the Commissioner for purposes of judicial review. (R. 1-6). On May 26, 2023, Plaintiff filed a complaint in the United States District Court for the Eastern District of Pennsylvania. Hammond, 735 F. Supp. 3d at 571. I granted Plaintiff’s request for review based on a determination that the ALJ erred in her treatment of Plaintiff’s PTSD diagnosis and of Dr. Desir’s medical opinion and remanded the case to the ALJ for further proceedings. Id. at 585. The ALJ held a second administrative hearing on October 10, 2024, at which Plaintiff, represented by counsel, and a VE testified. (R. 1060-79). During that hearing, Plaintiff amended

her alleged onset date to January 23, 2019. (R. 1064). On November 27, 2024, the ALJ issued a decision unfavorable to Plaintiff. (R. 1036-59). On March 12, 2025, Plaintiff filed another complaint in this Court and consented to my jurisdiction pursuant to 28 U.S.C. § 636(C). (Compl., ECF No. 1; Consent Order, ECF No. 4). On July 28, 2025, Plaintiff filed a Brief and Statement of Issues in Support of Request for Review. (Pl.’s Br., ECF No. 11). The Commissioner filed a Response on August 26, 2025, and on September 9, 2025, Plaintiff filed a Reply. (Resp., ECF No. 12; Reply, ECF No. 13). II. FACTUAL BACKGROUND1 The Court has considered the administrative record in its entirety and summarizes here the evidence relevant to the instant request for review. Given the posture of this case, its facts— including Plaintiff’s history of mental health issues; the medical opinions of Dr. Desir, John

David Gavazzi, Psy.D., and Peter J. Garito, Ph.D; and Plaintiff’s psychiatric treatment history— remain largely the same as the prior administrative appeal. The Court therefore assumes the parties’ familiarity with the factual record, hereby incorporates the factual background as laid out in its prior opinion, Hammond, 735 F. Supp. 3d at 572-75, and restates only what is necessary to resolve the issues raised in the present appeal. A. Medical Evidence Plaintiff has been treated for psychiatric issues “on and off” since at least 2015. (R. 442). Dr. Desir, a psychiatrist with Merakey Delaware County, NHS Life Guidance Services (Merakey), in Sharon Hill, Pennsylvania treated Plaintiff for these issues since at least January 2019. (R. 512-667, 692-911, 1019-35). Throughout her treatment at Merakey, Plaintiff

generally was cooperative, with appropriate affect, logical and goal-directed thought processes, good attention and concentration, intact memory and fair insight and judgment, (see, e.g., R. 518-19, 525, 530, 535, 540, 545, 701-02), but also endorsed bizarre, paranoid, and delusional beliefs. (See, e.g., R. 545, 550, 692, 695, 774, 778). Plaintiff has not consistently complied with her medication regimen throughout the duration of her treatment, even though she has stated on multiple occasions that her prescribed medications help to control her mental health symptoms. (See, e.g., R. 512, 518, 524, 539, 563, 576 (noting that she had anxiety and worry with racing

1 Because Plaintiff’s request for review implicates only her mental impairments, the Court does not summarize the evidence relating to any physical impairments. thoughts but adding that she was “stable on psych meds”); R. 637 (telling her therapist that her mood had been stable while taking her medications consistently)). On August 26, 2021, Dr. Desir opined that Plaintiff had satisfactory or better functionality in all work-related mental abilities except two, in which she was “seriously

limited”: “work[ing] in coordination with or proximity to others without being unduly distracted” and “deal[ing] with normal work stress.” (R. 1034). She also noted that on average Plaintiff would miss work one day per month due to her impairments. (R. 1035). She explained: [Plaintiff] has worked in the past but working in a stressful environment le[d] to her decompensating quickly. When stressed she tends to neglect her self care (eating, sleeping, taking medications regularly) and this leads to the exacerbation of her symptoms. [Plaintiff] has been stable on her medication regimen and is doing well. [Plaintiff] would do best in a low stress work envi[r]onment[.]

(Id.).

On January 19, 2021, State agency psychological consultant John David Gavazzi, Psy.D., opined that Plaintiff had mild limitations in understanding, remembering or applying information and moderate limitations in interacting with others; concentrating, persisting or maintaining pace; and adapting or managing oneself. (R. 97). Upon reconsideration, on May 20, 2021, State agency psychological consultant Peter J. Garito, Ph.D., reached the same conclusions. (R. 139). Both also assessed her with “severe” “trauma- and stressor-related disorders” and further noted her bizarre beliefs and delusions, although Dr. Garito added that they do not affect her functioning. (R. 118, 140). On July 3, 2024, psychiatrist Joseph Hart, M.D. of Merakey completed a comprehensive psychiatric evaluation report in which he found that Plaintiff had done a “fair to good” job complying with her medication regimen during the past 5 years and that her illness had been “better controlled.” (R. 1629). During that examination, Plaintiff reported that her last “breakdown” due to her bipolar mania disorder occurred five years prior. (Id.). She also stated that she noticed she experienced increased mania, anxiety, and hallucinations when she failed to take her medication. (Id.). At that same examination, Dr. Hart noted that Plaintiff’s bipolar

disorder was currently “well-controlled, with no recent manic or depressive episodes.” (R. 1634). B. Non-Medical Evidence Plaintiff testified at the October 14, 2021, administrative hearing. (R. 40-69).

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HAMMOND v. DUDEK, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hammond-v-dudek-paed-2025.