Kendall v. Bisignano

CourtDistrict Court, E.D. Washington
DecidedJuly 9, 2025
Docket2:25-cv-00007
StatusUnknown

This text of Kendall v. Bisignano (Kendall v. Bisignano) is published on Counsel Stack Legal Research, covering District Court, E.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kendall v. Bisignano, (E.D. Wash. 2025).

Opinion

Jul 09, 2025 1 SEAN F. MCAVOY, CLERK 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF WASHINGTON 5 JULIE K.,1 No. 2:25-cv-0007-EFS 6 Plaintiff, 7 ORDER REVERSING THE v. ALJ’S DENIAL OF BENEFITS, 8 AND REMANDING FOR FRANK BISIGNANO, MORE PROCEEDINGS 9 Commissioner of Social Security, 10 Defendant. 11 This is the second time that Plaintiff Julie K. asks the Court to 12 reverse the Administrative Law Judge’s (ALJ) denial of Title 16 13 benefits. At issue is the closed period from September 5, 2018, the 14 alleged onset date, through May 22, 2023, the date Plaintiff was found 15 disabled in connection with her subsequent Title 16 application. For 16 17 18 1 For privacy reasons, Plaintiff is referred to by first name and last 19 initial or as “Plaintiff.” See LCivR 5.2(c). 20 1 the at-issue closed period, Plaintiff argues the ALJ erred 1) by not fully

2 and fairly developing the record and 2) when evaluating her symptom 3 reports, the medical opinions, and her hand disorders. The Court 4 agrees the ALJ erred by not evaluating the at-issue medical opinions

5 against those issued by the State agency in connection with the 6 subsequent Title 16 application, as they addressed the same 7 impairments. Thus, remand for further proceedings is directed.

8 I. Background 9 In June 2018, Plaintiff fled from her husband of more than 20 10 years—a marriage which involved physical and verbal abuse—and she

11 stopped using substances and moved in with her sister and brother-in- 12 law.2 In September 2018, 56-year-old Plaintiff sought benefits under 13 Title 16 based on her mental-health impairments, including PTSD,

14 anxiety, personality disorder and depression.3 15 The agency denied Plaintiff benefits. Plaintiff requested a hearing 16 before an ALJ, and in December 2020 and September 2021, ALJ C.

18 2 AR 45, 288, 372, 425, 445, 685, 700, 818. 19 3 AR 238–49. 20 1 Howard Prinsloo held telephonic hearings.4 Plaintiff testified that,

2 even though she engaged in therapy and medication management, her 3 mind races due to overwhelming feelings in her head, making it 4 difficult to concentrate.5 She also stated she usually oversleeps in the

5 morning given that she has difficulty falling asleep, can be groggy due 6 to her medication, and often gets “stuck in a mood,” causing her to 7 isolate.6 She testified that on her good days she interacts with her

8 sister, with whom she lives, goes for a walk, and tries to do something, 9 but that on bad days—which occur a couple days a week—she sleeps or 10 isolates in her room or goes walking by herself.7 Plaintiff testified she

11 is able to care for herself and help with simple household chores, but 12 she relies on her sister and brother-in-law for help with paperwork and 13 to “lighten the mood or that type of thing.”8 She attended mental-

15 4 AR 34–51, 81–84, 86–88, 919–24. 16 5 AR 40, 45–48. 17 6 AR 40–43. 18 7 AR 40–42. 19 8 AR 42. 20 1 health therapy on about a monthly basis in early 2019, with breaks in

2 therapy from November 2019 to January 2020 and from December 3 2020 to March 2021.9 4 After the hearing, the ALJ issued a decision denying benefits.10

5 Plaintiff appealed to federal district court.11 This Court found the ALJ 6 erred by not considering Plaintiff’s claims of grogginess and all the 7 medical opinions; the matter was remanded back to the Social Security

8 Administration (SSA) for further proceedings in October 2023.12 9 In the interim, on May 23, 2023, Plaintiff filed a new Title 16 10 application, and the SSA later found Plaintiff disabled beginning that

11 date.13 The Notice of Award dated May 9, 2024, is contained in this 12 administrative record, but the SSA’s State agency medical opinions 13

14 9 See, e.g., AR 478–501, 553–665, 818–20, 826–28, 834–36, 842–53. 15 10 AR 12–33. Per 20 C.F.R. § 416.920(a)–(g), a five-step evaluation 16 determines whether a claimant is disabled. 17 11 EDWA No. 2:22-cv-271-EFS. 18 12 AR 955–87. 19 13 AR 1038–55, 1108–15. 20 1 supporting that decision, are not contained in this administrative

2 record.14 3 As to the at-issue older Title 16 application, ALJ Prinsloo held a 4 new hearing in September 2024 during which Plaintiff and a vocational

5 expert testified.15 Plaintiff again testified that her mental health 6 varies, depending on the day.16 On her bad days, she said that she is 7 unable to get out of bed, check her phone, or be around people; she

8 testified that she has about 1–2 bad days a week.17 She stated that her 9 anxiety can be triggered by watching something violent on TV or by 10 nightmares, and that as a result she may miss appointments, lose sleep

11 at night, and be tired in the morning.18 She reported that she takes 12 medication prescribed by her medication-management provider, with 13 whom she feels comfortable opening up to, but she has difficulty

15 14 AR 1038–55. 16 15 AR 907–18. 17 16 AR 912. 18 17 AR 912–13. 19 18 AR 912–14. 20 1 opening up to others.19 She mentioned that she has problems with leg

2 pain and swelling following a leg surgery.20 The medical records reflect 3 that Plaintiff continues to report struggling with anxiety, nightmares, 4 flashbacks, panic, staying asleep, trust, and feeling guilty.21 Physically,

5 she has recurrent infections on her left leg and hand arthritis, and she 6 had bilateral trigger finger surgeries in 2023.22 7 In October 2024, ALJ Prinsloo issued his decision denying

8 benefits for the at-issue period of September 5, 2018, to May 22, 2023.23 9 The ALJ found Plaintiff’s alleged symptoms were not entirely 10 consistent with the medical evidence and other evidence.24 As to the

11 sequential disability analysis, for the period from September 5, 2018, 12 13

14 19 AR 913. 15 20 AR 914. 16 21 See, e.g., AR 425, 695, 705, 1637, 1649–50, 1657, 1689. 17 22 AR 400, 816, 864–65, 1217, 1456, 1485, 1717, 1755–58. 18 23 AR 881–906. 19 24 AR 892. 20 1 the application date, through May 22, 2023, the date that Plaintiff was

2 found disabled in the more recent disability application, the ALJ found: 3 • Step one: Plaintiff had not engaged in substantial gainful 4 activity.

5 • Step two: Plaintiff had the following medically determinable 6 severe impairments: PTSD, anxiety disorder, personality 7 disorder, and depressive disorder.

8 • Step three: Plaintiff’s impairments did not meet or medically 9 equal the severity of one of the listed impairments. 10 • RFC: Plaintiff had the RFC to perform a full range of work at

11 all exertional levels with the following nonexertional 12 limitations: 13 [S]he can perform routine, well-learned tasks. She can tolerate superficial or occasional contact with the 14 public. She cannot perform tasks requiring teamwork with co-workers; she must work independently. 15 • Step four: Plaintiff had no past relevant work. 16 • Step five: considering Plaintiff’s RFC, age, education, and work 17 history, Plaintiff could perform work that existed in significant 18 19 20 1 numbers in the national economy, such as floor waxer, cleaner

2 II, and hand packager.25 3 Plaintiff timely requested review of the ALJ’s decision by this Court.26 4 II. Standard of Review

5 The ALJ’s decision is reversed “only if it is not supported by 6 substantial evidence or is based on legal error” and such error 7 impacted the nondisability determination.27 Substantial evidence is

8 “more than a mere scintilla but less than a preponderance; it is such 9 10

12 25 AR 884–99. 13 26 ECF No. 1. 14 27 Hill v. Astrue, 698 F.3d 1153, 1158 (9th Cir. 2012). See 42 U.S.C.

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Bluebook (online)
Kendall v. Bisignano, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kendall-v-bisignano-waed-2025.