Jimenez v. O'Malley

CourtDistrict Court, S.D. Florida
DecidedFebruary 3, 2025
Docket1:24-cv-21251
StatusUnknown

This text of Jimenez v. O'Malley (Jimenez v. O'Malley) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jimenez v. O'Malley, (S.D. Fla. 2025).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 1:24-CV-21251-DAMIAN/AUGUSTIN-BIRCH

RAUL JIMENEZ,

Plaintiff,

v.

MARTIN O'MALLEY, Commissioner of Social Security,

Defendant. ________________________________________/

REPORT AND RECOMMENDATION ON MOTIONS FOR SUMMARY JUDGMENT

This cause comes before the Court on Plaintiff Raul Jimenez’s Motion for Summary Judgment, DE 19; DE 12, and Defendant Martin O’Malley’s Motion for Summary Judgment. DE 17. The Honorable Melissa Damian, United States District Judge, referred this matter to the undersigned United States Magistrate Judge for a report and recommendation on all dispositive motions. DE 7. The Court has carefully considered the parties’ briefing and the record and is otherwise fully advised in the premises. For the following reasons, the Court RECOMMENDS GRANTING IN PART AND DENYING IN PART Plaintiff’s Motion for Summary Judgment [DE 19] and DENYING Defendant’s Motion for Summary Judgment [DE 17]. I. Background

On August 10, 2018, Plaintiff applied for a period of disability and disability insurance benefits, alleging a disability onset date of April 27, 2018. DE 9-5 at 5–6.1 Defendant denied Plaintiff’s application initially, DE 9-4 at 6–8, and after reconsideration. Id. at 10–15. Thereafter,

1 The transcripts for the proceedings below are located at Docket Entry 9-1 through 9-14. The page numbers cited herein refer to the page numbers assigned by CM/ECF, not the internal pagination of the transcripts. Plaintiff requested a hearing before an Administrative Law Judge (“ALJ”), id. at 18–19, and an ALJ held a hearing on January 9, 2020. DE 9-8 at 62–95. After the hearing, the ALJ issued an unfavorable decision, finding that Plaintiff was not disabled. DE 9-2 at 13–27. Plaintiff appealed the ALJ’s decision to Defendant’s Appeals Council, and the Appeals Council denied Plaintiff’s appeal. Id. at 2– 7. Subsequently, Plaintiff initiated litigation to seek judicial review of the ALJ’s decision, DE 9-9 at 27–29, and the Honorable Lauren Fleischer Louis, United States Magistrate Judge, issued a report and recommendation, recommending that the matter be remanded to the ALJ. Id. at 30–51. The

Honorable K. Michael Moore, United States District Judge, adopted Judge Louis’ report and recommendation and remanded the matter to the ALJ. Id. at 52–54. In the remand order, Judge Moore ordered the ALJ to reassess and reconsider five areas of her decision on remand: 1. “To reassess Plaintiff’s RFC limitations in light of this Court’s determination that Dr. Castro’s April 1, 2019 letter is in fact a ‘medical opinion’ under 20 C.F.R. § 404.1513”; 2. “To reassess its findings regarding Dr. Mayra Miro’s report and to provide further evidence in support of its renewed conclusion”; 3. “To reassess its findings regarding Plaintiff’s interpersonal interactions with coworkers and supervisors, and to provide further evidence in support of its renewed conclusion”; 4. “To reconsider Plaintiff’s own testimony regarding his symptoms and impairments and to

provide further evidence in support of its renewed conclusion”; and 5. “To redetermine whether it is necessary to proceed to Step Five of the analysis in light of the ALJ’s reconsideration of Plaintiff’s RFC limitations as described above.” Id. at 54. After Judge Moore remanded the matter, Plaintiff amended his disability onset date from April 27, 2018, to March 1, 2019. DE 9-11 at 12. On remand, the ALJ held a hearing on October 11, 2023. DE 9-8 at 27–61. Afterwards, the ALJ issued a second unfavorable decision, again finding that Plaintiff was not disabled. Id. at 2–19. Thereafter, Plaintiff initiated this litigation to seek judicial review of the ALJ’s decision, DE 1, and filed a brief in support of his appeal. DE 12. In response, Defendant filed a Motion for Summary Judgment, DE 17, and Plaintiff filed a reply. DE 18. II. The ALJ’s Analysis and Decision To determine whether a claimant is disabled, an ALJ utilizes a sequential, five-step process. 20 C.F.R. § 404.1520(a)(4). If, at any step, an ALJ can determine that a claimant is or is not disabled, an ALJ makes a determination or decision at that point and does not proceed to the next step. Id.

However, if an ALJ cannot determine whether a claimant is or is not disabled at a step, an ALJ then proceeds to the next step of the analysis. Id. The five-step process, and the ALJ’s finding for each step of Plaintiff’s analysis, are as follows. First, an ALJ considers the claimant’s work activity, if any. Id. § 404.1520(a)(4)(i). If the claimant is engaged in substantial gainful activity, an ALJ will find the claimant to not be disabled. Id. Here, the ALJ found that Plaintiff had not engaged in substantial gainful activity since March 1, 2019, the alleged onset date of Plaintiff’s disability. DE 9-8 at 8. Second, an ALJ considers the medical severity of the claimant’s impairment(s). 20 C.F.R. § 404.1520(a)(4)(ii). If an ALJ determines that a claimant does not have a severe medically determinable physical or mental impairment, or combination of impairments, that meets the duration

requirement in 20 C.F.R. § 404.1509, an ALJ will find a claimant to not be disabled. Id. Here, the ALJ found Plaintiff to have the following severe impairments: “bipolar II disorder, generalized anxiety disorder, and agoraphobia” DE 9-8 at 8. The ALJ also found Plaintiff to have the non-severe impairments of hypertension and obesity. Id. Third, an ALJ considers the medical severity of a claimant’s impairment(s). 20 C.F.R. § 404.1520(a)(4)(iii). If a claimant’s impairment(s) meets or equals one of the listings in Appendix 1 and satisfies the duration requirement, an ALJ will find the claimant to be disabled. Id. Here, the ALJ found that Plaintiff did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments in Appendix 1. DE 9-8 at 8. Fourth, an ALJ considers the residual functional capacity (“RFC”) of a claimant and the claimant’s past relevant work. 20 C.F.R. § 404.1520(a)(4)(iv). If an ALJ determines that a claimant can still perform the claimant’s past relevant work, an ALJ will find the claimant to not be disabled. Id. Here, the ALJ found that Plaintiff has the RFC to “perform a full range of work at all exertional levels but with the following nonexertional limitations”:

1. Should not climb ladders, ropes, or scaffolds, work at unprotected heights, or operate dangerous machinery; 2. Can carry out simple and detailed instructions and tasks that are “between reasoning level one through three”; 3. Can sustain attention and concentration for two-hour periods at a time, and for eight hours in a day “on simple and detailed, but uninvolved written or oral tasks and instructions, consistent with reasoning level one through three” and that are simple, routine, and repetitive; 4.

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Jimenez v. O'Malley, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jimenez-v-omalley-flsd-2025.