Henry H. v. Frank Bisignano, Commissioner of Social Security

District Court, M.D. Alabama·Decided July 14, 2026·No. 1:25-cv-00927·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION

HENRY H., ) ) Plaintiff, ) ) v. ) CASE NO. 1:25-CV-927-KFP ) FRANK BISIGNANO, ) Commissioner of Social Security, ) ) Defendant. )

MEMORANDUM OPINION AND ORDER Pursuant to 42 U.S.C. § 405(g), Plaintiff Henry H. filed a Complaint seeking review of the Social Security Administration’s decision denying his application for disability and disability insurance benefits. Doc. 1. The Commissioner filed an answer. Doc. 5. The Court construes Plaintiff’s supporting brief (Doc. 15) as a motion for summary judgment and the Commissioner’s opposition brief (Doc. 18) as a motion for summary judgment. The parties have consented to the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. § 636(c). Doc. 8. Upon review of the record and the pending motions, the Court finds that Plaintiff’s motion for summary judgment is due to be DENIED, the Commissioner’s motion for summary judgment is due to be GRANTED, and the decision of the Commissioner is due to be AFFIRMED. I. STANDARD OF REVIEW The scope of this Court’s review is limited to a determination of whether the

Administrative Law Judge (ALJ) applied the correct legal standards and whether the findings are supported by substantial evidence. See Biestek v. Berryhill, 587 U.S. 97, 102– 03 (2019); Lewis v. Callahan, 125 F.3d 1436, 1439 (11th Cir. 1997). “The statutory phrase ‘substantial evidence’ is a term of art in administrative law that describes how an administrative record is to be judged by a reviewing court.” T-Mobile South, LLC v. City

of Roswell, Ga., 574 U.S. 293, 301 (2015) (quotations and citation removed). “Substantial evidence is something ‘more than a mere scintilla, but less than a preponderance.’” Dyer v. Barnhart, 395 F.3d 1206, 1210 (11th Cir. 2005) (per curiam). “It means—and means only—‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Biestek, 587 U.S. at 103 (quoting Consolidated Edison Co. of N.Y. v. N.L.R.B, 305 U.S. 197, 217 (1938)).

Therefore, if the Commissioner’s factual findings are supported by substantial evidence, district courts consider them conclusive and will affirm, “even if ‘two inconsistent conclusions [could be drawn] from the evidence.’” Jones Total Health Care Pharmacy, LLC v. Drug Enf’t Admin., 881 F.3d 823, 829 (11th Cir. 2008) (per curiam) (quoting Consolo v. Fed. Mar. Comm’n, 383 U.S. 607, 620 (1966)); 42 U.S.C. § 405(g).

Further, the District Court will also affirm “even if the proof preponderates against” the Commissioner’s decision. Dyer, 395 F.3d at 1210. II. THE FIVE-STEP ANALYSIS “The social security regulations establish a five-step evaluation process, which is

used to determine disability for both SSI and DIB claims.” Moore v. Barnhart, 405 F.3d 1208, 1211 (11th Cir. 2005) (per curiam). The Eleventh Circuit has summarized the process as follows: (1) Is the [plaintiff] presently employed? (2) Is the [plaintiff]’s impairment severe? (3) Does the [plaintiff]’s impairment meet or equal one of the specific impairments set forth in [the Social Security regulations]? (4) Is the [plaintiff] unable to perform his or her former occupation? (5) Is the [plaintiff] unable to perform any other work within the economy? McDaniel v. Bowen, 800 F.2d 1026, 1030 (11th Cir. 1986). “If the ALJ determines that the

[plaintiff] is not disabled at any step of the evaluation process, the inquiry ends.” Buckwalter v. Acting Comm’r of Soc. Sec., 5 F.4th 1315, 1320 (11th Cir. 2021). The plaintiff bears the burden of proof at the first four steps. See id. Then, “[a]t step five, the burden temporarily shifts to the [Commissioner] to show the existence of other jobs in the national economy that the [plaintiff] can perform, given [his] impairments.” Id. at 1321. III. BACKGROUND

On June 7, 2023, Plaintiff filed an application for disability insurance benefits alleging disability beginning June 1, 2010. R. 10. Plaintiff amended his onset date from June 1, 2010, to January 1, 2018. Id. Plaintiff’s claim was denied initially and upon reconsideration, R. 92–115, so Plaintiff requested a hearing with an ALJ. R. 129–31. The ALJ held a hearing on November 13, 2024, R. 69, and thereafter issued an unfavorable decision that Plaintiff was not disabled during the relevant period, R. 11, 30. The Appeals

Council denied Plaintiff’s request for review of the ALJ decision. R. 1–3. Plaintiff now seeks judicial review of the Commissioner’s final decision pursuant to 42 U.S.C. § 405(g). Plaintiff was 56 years old on January 1, 2018, his amended onset date. R. 28. Plaintiff has some college education and no past relevant work. R. 19, 28. Plaintiff alleged disability based on post-traumatic stress disorder (PTSD), traumatic brain injury (TBI),

migraines, back pain, chronic fatigue, and high blood pressure. R. 243. After reviewing the record evidence and testimony presented at the administrative hearing, the ALJ evaluated Plaintiff’s applications for disability using the five-step evaluation process. R. 13–30. First, the ALJ determined Plaintiff had not engaged in substantial gainful activity since January 1, 2018. R. 13. At step two, the ALJ concluded Plaintiff had the following severe impairments: “major depressive disorder; [PTSD];

residuals from [TBI]; migraine headache disorder; neurocognitive disorder; spinal arthritis; hernia, status post repair; and coronary artery disease.” Id. At step three, the ALJ found Plaintiff did not have an impairment or combination of impairments that met or medically equaled the severity of any of the listed impairments in 20 C.F.R. §§ 404.1520(d), 404.1525, and 404.1526. R. 14. Next, the ALJ concluded Plaintiff had a residual functional

capacity (RFC) to perform medium work as defined by 20 C.F.R. § 404.1567(c) except: [Plaintiff] can frequently climb ramps and stairs, but never climb ladders, ropes, and scaffolds; frequently stoop, crouch, and crawl; occasionally kneel. [Plaintiff] is further limited to performing unskilled work activity defined as work involving simple routine instructions performing simple tasks making simple work-related decision and routine supervision; occasional interaction with coworkers and the general public; avoid all exposure to temperature extremes of cold and heat; only work in environments with noise intensity levels of 1, 2, and 3, but no work in environments with noise intensity levels of 4 and 5, which is loud and very loud; and avoid all exposure to workplace hazards, such as dangerous moving machinery and unprotected heights. R.

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Henry H. v. Frank Bisignano, Commissioner of Social Security, (M.D. Ala. 2026).

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