Hernandez v. Commissioner of Social Security

CourtDistrict Court, N.D. Texas
DecidedSeptember 5, 2025
Docket3:24-cv-01895
StatusUnknown

This text of Hernandez v. Commissioner of Social Security (Hernandez v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hernandez v. Commissioner of Social Security, (N.D. Tex. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

ALMA H., § PLAINTIFF, § § V. § CASE NO. 3:24-CV-1895-BK § COMMISSIONER, SOCIAL SECURITY § ADMINISTRATION, § DEFENDANT. §

MEMORANDUM OPINION AND ORDER Pursuant to 28 U.S.C. § 636(b) and the parties’ consent to proceed before the undersigned United States magistrate judge, the Court now considers this appeal of the denial of Plaintiff’s application for Social Security supplemental income and disability benefits. Docs. 1, 12, 13. As detailed herein, the Commissioner’s decision is AFFIRMED. I. BACKGROUND A. Procedural History Plaintiff seeks judicial review of the Commissioner of Social Security’s (“Commissioner”) final decision denying her application for disability insurance benefits (“DIB”) and supplemental security income (“SSI”) under the Social Security Act (“Act”). Doc. 1. In March 2021, Plaintiff concurrently filed for DIB and SSI, alleging a period of disability beginning in March 2020 resulting from hypothyroidism, adrenal disease, attention deficit disorder, anxiety, depression, narcolepsy, disorder of steroid metabolism, and abnormal liver functions. Doc. 11-1 at 248-58, 298. Plaintiff’s claim was denied at all administrative levels, and she now appeals to this Court under 42 U.S.C. § 405(g). Doc. 11-1 at 140-44, 159-60, 32, 22. B. Factual History Plaintiff was 43 years old at the time of her alleged disability onset, has a high school education, and has past relevant work as a nurse’s aide and patient care technician. Doc. 11-1 at

299. C. Medical Opinion Evidence Dr. Antonio Roman, M.D., Plaintiff’s treating psychiatrist since 2014, provided a Mental Status Report dated April 8, 2021, in which he asserted that Plaintiff has a history of recurrent depression, generalized anxiety with panic attacks, and narcolepsy. Doc. 11-1 at 456. Dr. Roman opined that Plaintiff had a poor prognosis, impaired concentration, and poor ability to sustain work and respond to stress. Doc. 11-1 at 457-58. Otherwise, Dr. Roman noted that Plaintiff had fair insight and judgment, normal memory, and was goal oriented. Doc. 11-1 at 457. The administrative record in this case also contains Plaintiff’s medical records, including

treatment notes documenting Dr. Roman’s care of Plaintiff. See, e.g., Doc. 11-1 at 418-59, 930- 1020. Dr. Michael P. Dolan, Ph.D., also conducted a psychological consultative examination of Plaintiff in May 2021 via telehealth. Doc. 11-1 at 913. Dr. Dolan took note of Plaintiff’s activities of daily living: [Plaintiff] reports she is not able to care for personal hygiene without help. She states she does need assistance to manage her appointments and medications. She is able to do household duties. She does have a driver’s license. She is able to count money and make change. She states[,] “I can handle my own money.”

2 Doc. 11-1 at 914. Dr. Dolan noted that Plaintiff was polite, cooperative, and respectful. Doc. 11-1 at 913-15. Dr. Dolan provisionally diagnosed Plaintiff with generalized anxiety disorder and unspecified depressive disorder. Doc. 11-1 at 916. The record also includes the reports of medical advisors Harpreet Khurana, M.D., who specializes in neurology, and Dr. David Atkins, Ph.D., who specializes in psychology. Doc. 11-1

at 123, 126. Dr. Khurana opined that Plaintiff’s physical impairments are non-severe and “have no more than a minimal effect on [Plaintiff’s] physical ability to do basic work activities.” Doc. 11-1 at 123. Dr. Atkins opined on Plaintiff’s mental limitations, concluding that Plaintiff could, inter alia, “[a]t a maximum . . . sustain attention for up to 2-hour blocks of time when performing simple and routine work-related tasks requiring no greater than two steps.” Doc. 11- 1 at 127. D. Other Record Evidence At the administrative hearing, Plaintiff testified to her subjective symptoms. Doc. 11-1 at 59-75. Plaintiff testified that she experienced numerous symptoms that interfered with her

ability to work, including sleep disturbances, depressive moods, diminished interest in daily activities, and trouble remembering and concentrating. Doc. 11-1 at 63. Plaintiff further testified that due to these symptoms, she missed work several times a week and often had to leave work early because of fatigue. Doc. 11-1 at 63, 65. As to her personal activities, Plaintiff stated that her anxiety and depression symptoms also impacted her ability to go grocery shopping and care for her children, particularly her child who suffers from an undisclosed disability. Doc. 11-1 at 70. Plaintiff averred that because of her symptoms, a nurse helps to care for her children. Doc. 11-1 at 70-71.

3 Plaintiff provided a written statement of Elizabeth Reyes, a nurse who helps care for Plaintiff’s disabled child. Doc. 11-1 at 327-34. Ms. Reyes indicates in her statemen that Plaintiff is unable to communicate with others and exhibited “fears of offending people,” depressed mood, and appetite and sleep disturbances. Doc. 11-1 at 327. Regarding childcare, Ms. Reyes noted that Plaintiff “helps feed, groom, [and] wash clothes, with constant reminder.”

Doc. 11-1 at 328; see also Doc. 11-1 at 330 (noting that Plaintiff needs reminders to take care of personal hygiene). E. The ALJ’s Findings The ALJ found that Plaintiff met the insured status requirements of the Act and had not engaged in substantial gainful activity since March 1, 2020. Doc. 11-1 at 38. The ALJ also found that Plaintiff had the severe impairments of (1) major depressive disorder, (2) attention deficit disorder, and (3) generalized anxiety disorder. Doc. 11-1 at 38. The ALJ concluded, however, that none of Plaintiff’s impairments, or any combination thereof, met or “medically equal[ed]” an impairment listed in the applicable regulations. Doc. 11-1 at 38-39.

The ALJ further found that Plaintiff had the residual functional capacity (“RFC”) to perform a full range of work at all exertional levels with certain non-exertional limitations: She retains the ability to understand, remember, and carry out simple, routine repetitive tasks. She cannot perform work requiring a specific production rate such as assembly line work or work that requires hourly quotas. She is able to accept instructions from supervisors. She can have interaction with coworkers on an[ ] occasional basis, in a setting where tasks are performed individually and not in coordination with others as part of a team. She can have no work-related contact with the public. She is able to maintain sufficient attention and concentration to perform simple repetitive tasks and adapt to routine changes that accompany simple unskilled work.

4 Doc. 11-1 at 40. The ALJ further found that while Plaintiff did not have the RFC to perform her past work, there were a significant number of jobs in the national economy that she could perform. Doc. 11-1 at 44-45. The ALJ thus concluded that Plaintiff was not disabled under the Act. Doc. 11-1 at 45. II. APPLICABLE LAW

The definition of disability under the Act is the “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).

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Hernandez v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-commissioner-of-social-security-txnd-2025.