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

District Court, E.D. Washington·Decided February 10, 2026·No. 1:25-cv-03108·Unknown

Opinion

Feb 10, 2026

SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT

JENNA H.,1 No. 1:25-cv-3108-EFS Plaintiff, v. ALJ’S DENIAL OF BENEFITS, FRANK BISIGNANO, MORE PROCEEDINGS Commissioner of Social Security,

Defendant.

Plaintiff Jenna H. asks the Court to reverse the Administrative Law Judge’s (ALJ) denial of Title 2 and Title 16 benefits. Plaintiff claims she is unable to work due to borderline personality disorder, post-traumatic stress disorder (“PTSD”), and pseudoseizures caused by a conversion disorder. Because the ALJ erred when evaluating

1 For privacy reasons, Plaintiff is referred to by first name and last initial or as “Plaintiff.” See LCivR 5.2(c). Plaintiff’s pseudoseizure symptom claims and made no provision in the

RFC for their expected limitations, the ALJ erred. This matter is remanded for further proceedings. I. Background

In 2022, Plaintiff applied for benefits, claiming disability based on the above-listed impairments.2 On the alleged onset date of January 1, 2020, Plaintiff was 19 years old and had no past relevant work.3 The

agency denied benefits both initially and on reconsideration.4 On request, ALJ Mark Triplett held a telephone hearing, at which Plaintiff and a vocational expert testified.5

After the hearing, the ALJ issued a decision denying benefits.6 The ALJ found Plaintiff’s alleged symptoms were “not entirely

2 AR 220-229, 230-238. 3 AR 27, 86-89. 4 AR 122-126, 132-136, 145-148, 153-156. 5 AR 51-79. 6 AR 14–34. Per 20 C.F.R. §§ 404.1520(a)–(g), 416.920(a)–(g), a five-step evaluation determines whether a claimant is disabled. consistent with the medical evidence and other evidence in the record .

. . .”7 As to the medical opinions, the ALJ found: • the administrative findings of Howard Platter, MD, and Priyanka Gerrish, MD, to be persuasive.

• the administrative findings of Beth Fitterer, PhD, and consultative opinion of Joyce Austin, PMHNP-BC, to be not persuasive.

• the administrative findings of Renee Eisenhauer, PhD, to be persuasive. • the treating opinion of Idalia Hernandez Aler, MS, LMHC, to

be not fully persuasive.8 As to the sequential disability analysis, the ALJ found:

7 AR 23. As recommended by the Ninth Circuit in Smartt v. Kijakazi, the ALJ should consider replacing the phrase “not entirely consistent” with “inconsistent.” 53 F.4th 489, 499, n.2 (9th Cir. 2022). 8 AR 25-27. • Plaintiff met the insured status requirements through June

30, 2023.9 • Step one: Plaintiff had not engaged in substantial gainful activity since January 1, 2020, the alleged onset date.

• Step two: Plaintiff had the following medically determinable severe impairments: borderline personality disorder, PTSD, and conversion disorder with mixed symptoms.

• Step three: Plaintiff did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments, and the ALJ

specifically considered Listing 12.04, 12.07, 12.08, and 12.15. • RFC: Plaintiff had the RFC to perform a full range of work at all exertional levels except:

[Plaintiff] can perform simple, routine tasks consistent with a reasoning level of 1 or 2. [Plaintiff] can tolerate occasional contact with coworkers but cannot tolerate direct interaction with the general public. [Plaintiff] can perform tasks that do not require teamwork or close collaboration with coworkers. [Plaintiff] can tolerate

9 An updated earnings record provides that Plaintiff’s correct date last insured is September 30, 2024. occasional changes to work routines and work processes. [Plaintiff] requires regular work breaks at 2-hour intervals.

• Step four: Plaintiff has no past relevant work. • Step five: considering Plaintiff’s RFC, age, education, and work history, Plaintiff could perform work that existed in significant numbers in the national economy, such as marker II (DOT 920.687-126), bottle packer (DOT 920.685-026), and small

products assembler.10 Plaintiff timely requested review of the ALJ’s decision by the Appeals Council and now this Court.11

II. Standard of Review The ALJ’s decision is reversed “only if it is not supported by substantial evidence or is based on legal error” and such error

impacted the nondisability determination.12 Substantial evidence is

10 AR 20-28. 11 AR 1–6, 218. ECF No. 1. 12 Hill v. Astrue, 698 F.3d 1153, 1158 (9th Cir. 2012). See 42 U.S.C. § 405(g); Molina v. Astrue, 674 F.3d 1104, 1115 (9th Cir. 2012), “more than a mere scintilla but less than a preponderance; it is such

relevant evidence as a reasonable mind might accept as adequate to support a conclusion.”13 The court looks to the entire record to determine if substantial evidence supports the ALJ’s findings.14

superseded on other grounds by 20 C.F.R. § 416.920(a) (recognizing that the court may not reverse an ALJ decision due to a harmless error— one that “is inconsequential to the ultimate nondisability determination”). 13 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997)). 14 Kaufmann v. Kijakazi, 32 F4th 843, 851 (9th Cir. 2022). See also Lingenfelter v. Astrue, 504 F.3d 1028, 1035 (9th Cir. 2007) (requiring the court to consider the entire record, not simply the evidence cited by the ALJ or the parties) (cleaned up); Black v. Apfel, 143 F.3d 383, 386 (8th Cir. 1998) (“An ALJ’s failure to cite specific evidence does not indicate that such evidence was not considered[.]”). III. Analysis

Plaintiff argues the ALJ committed several errors, including improperly rejecting Plaintiff’s symptom reports, improperly evaluating the medical-opinion evidence, and crafting a residual

functional capacity that was unsupported by the medical-opinion evidence. In response, the Commissioner argues no error occurred and that the ALJ’s nondisability decision is supported by substantial

evidence. As is explained below, the ALJ consequentially erred when evaluating Plaintiff’s pseudoseizure symptom reports, thereby impacting the ALJ’s listings analysis and RFC.

A. Symptom Reports: Plaintiff establishes consequential error. Plaintiff argues the ALJ erred by improperly rejecting her

reported symptoms for reasons that were not specific, clear, and convincing. The Commissioner responds that substantial evidence supports the ALJ’s evaluation of Plaintiff’s symptom complaints. As is

discussed below, the ALJ failed to provide a supported rationale that convinces the Court that Plaintiff’s reported migraine symptoms are unsupported.

1. Standard

The ALJ must assess the intensity and persistence of the alleged symptoms to determine how they affect the claimant’s ability to work.15 Factors the ALJ may consider when evaluating the intensity,

persistence, and limiting effects of a claimant’s symptoms include: 1) objective medical evidence, 2) daily activities; 3) the location, duration, frequency, and intensity of pain or other symptoms; 4) factors that

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Jenna H. v. Frank Bisignano, Commissioner of Social Security, (E.D. Wash. 2026).

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Related

Molina v. Astrue
674 F.3d 1104 (Ninth Circuit, 2012)
Debbra Hill v. Michael Astrue
698 F.3d 1153 (Ninth Circuit, 2012)
Lingenfelter v. Astrue
504 F.3d 1028 (Ninth Circuit, 2007)
Jasim Ghanim v. Carolyn W. Colvin
763 F.3d 1154 (Ninth Circuit, 2014)
Leopoldo Leon v. Nancy Berryhill
880 F.3d 1041 (Ninth Circuit, 2017)
Jody Kaufmann v. Kilolo Kijakazi
32 F.4th 843 (Ninth Circuit, 2022)
Sandgathe v. Chater
108 F.3d 978 (Ninth Circuit, 1997)
Bunnell v. Sullivan
947 F.2d 341 (Ninth Circuit, 1991)