Jack A. F. v. Commissioner of Social Security

District Court, W.D. Kentucky·Decided March 31, 2026·No. 3:25-cv-00128·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION

JACK A. F., ) ) Plaintiff, ) Civil Action No. 3:25-CV-128-CHB ) v. ) ) MEMORANDUM OPINION AND COMMISSIONER OF SOCIAL ) ORDER SECURITY, ) ) Defendant. )

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Plaintiff Jack A. F. filed this action seeking review of the decision by Defendant Commissioner of Social Security to deny his applications for Child’s Supplemental Security Income Benefits and Disability Insurance Benefits. [R. 1]. Claimant submitted his Fact and Law Summary on August 25, 2025, [R. 12], and the Commissioner submitted their Fact and Law Summary on November 20, 2025, [R. 17], to which Plaintiff replied on December 9, 2025. [R. 19]. Magistrate Judge Edwards issued her Findings of Fact, Conclusions of Law, and Recommendation (“Recommendation”) on December 18, 2025, recommending that the Court affirm the final decision of the Commissioner. [R. 20]. Plaintiff timely filed Objections to the Report and Recommendation. [R. 21]. For the reasons that follow, the Court will adopt the Recommendation, overrule Plaintiff’s objections, and affirm the final decision of the Commissioner. I. BACKGROUND Magistrate Judge Edwards’s Recommendation ably sets out the full factual background of this case. [R. 20]. On August 9, 2022, Jack A. F. (“Claimant”) filed applications for Child’s Disability Insurance Benefits and Child’s Supplemental Security Benefits under Titles II and XVI. [R. 6, pp. 14, 201–02, 203–210 (Transcript, hereinafter, “Tr.”)]. Claimant alleged disability since his birth on August 25, 2004, based on having the CACNA-1A gene.1 Id. at 226. The Social Security Administration (“SSA”) initially denied his claims on April 6, 2023, and denied his request for reconsideration on June 23, 2023. Id. at 66, 75, 84, 105. On June 30, 2023, Claimant filed a written request for a hearing before an Administrative Law Judge (“ALJ”). Id. at 130. ALJ Dennis Pickett conducted a telephonic hearing on January 8, 2024. Id. at 43–65. Then, on March 4,

2024, ALJ Pickett issued an unfavorable decision. Id. at 11–42. Therein, ALJ Pickett first acknowledged that because Claimant was under the age of eighteen when he filed his application but attained age eighteen before the date of the decision, two issues must be resolved: (1) whether Claimant was disabled under § 1614(a)(3)(C) of the Social Security Act for the period before age eighteen; and (2) whether the Claimant is disabled under § 1614(a)(3)(A) of the Social Security Act beginning at age 18. Id. at 14–15. In resolving the first issue, ALJ Pickett applied 20 C.F.R. § 416.924(a)’s three-step sequential evaluation process for determining whether Claimant was disabled before he turned eighteen. At step one, ALJ Pickett determined that Claimant had not engaged in substantial gainful activity since his

alleged onset date of August 25, 2004. Id. at 19. At step two, he determined that Claimant had the severe impairments of epilepsy and anxiety disorder. Id. At step three, ALJ Pickett found Claimant did not have an impairment or combination of impairments that met or medically equaled the severity of a listed impairment in 20 C.F.R. Pt. 404, Subpt. P, App’x 1. Id. at 20. Then, because Claimant’s impairments did not meet or medically equal a listed impairment, ALJ Pickett

1 The CACNA1A gene “plays a vital role in the communication between neurons and the brain.” Sarah McKeown Ruggiero, MS, LCGC, The Science of CACNA1A, CACNA1A Foundation, https://www.cacna1a.org/what-is- cacna1a (last visited Mar. 23, 2026). “Mutations in CACNA1A cause a number of neurological phenotypes (observable characteristics or traits) . . . . [R]esearch has shown that most [Loss of Function] variants cause Episodic Ataxia Type 2 and [Gain of Function] variants result in Hemiplegic Migraines. Studies have indicated clinical overlap, with features of both disorders being observed in patients. Congenital ataxia, cerebellar atrophy, epilepsy and intellectual disability are also seen in both Gain of Function and Loss of Function variants.” Id. addressed whether Claimant had an impairment or impairments that functionally equaled the severity of the listings, and found that Claimant did not. Id. at 21–28. Taken together, ALJ Pickett concluded that Claimant was not disabled, as defined by the Social Security Act, before he turned eighteen. Id. at 28. In resolving the second issue, ALJ Pickett applied 20 C.F.R. § 416.920’s five-step

sequential evaluation process for determining whether Claimant was disabled after he turned eighteen. At step one, ALJ Pickett did not reevaluate whether Claimant had engaged in substantial gainful activity since his alleged onset date of August 25, 2004. See id. At step two, he found Claimant had not developed any new impairment or impairments after turning eighteen that were not already previously found to be severe. Id. At step three, ALJ Pickett determined that since attaining age eighteen, Claimant does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 C.F.R. Pt. 404, Subpt. P, App’x 1. Id. ALJ Pickett then determined that since Claimant turned eighteen, he has had the residual functional capacity to perform a full range of work at all exertional levels, but with the

following non-exertional limits: no climbing of ladders, ropes, or scaffolds; no exposure to unprotected heights or dangerous machinery; able to understand, remember, and carry out simple instructions and procedures; respond appropriately to supervisors and coworkers in usual work situations; deal with changes in a routine work setting that does not require work with the public; and can have occasional interaction with coworkers and supervisors.

Id. at 30–36. At step four, ALJ Pickett reiterated that Claimant has no past relevant work. Id. at 36. Finally, at step five, after considering Claimant’s age, education, work experience, and residual functional capacity, ALJ Pickett found there are jobs that exist in significant numbers in the national economy that Claimant can perform. Id. Taken together, ALJ Pickett concluded that Claimant was not disabled, as defined in the Social Security Act, from August 9, 2022—the date his applications were filed—through the date of the decision, March 4, 2024. Id. at 37. On April 10, 2024, Claimant administratively appealed ALJ Pickett’s denial, id. at 198– 200, but on January 22, 2025, the Appeals Council declined to review ALJ Pickett’s decision. Id. at 1–6. At that point, ALJ Pickett’s decision became the final decision of the Commissioner, and

Plaintiff sought judicial review from this Court on March 3, 2025. [R. 1]. II. LEGAL STANDARD When a party timely objects, the Court reviews de novo only those portions of a Report and Recommendation to which an objection is made. 28 U.S.C. § 636(b)(1)(C). The Court may adopt without review any portion of the report to which no objection is made. See Thomas v. Arn, 474 U.S. 140, 150 (1985). On review, the Court “may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.” Fed. R. Civ. P. 72(b)(3). Accordingly, the Court will review de novo the portions of Magistrate Judge Edwards’s Recommendation to which Claimant properly objects.

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