Kimberly R. v. Commissioner of the Social Security Administration

CourtDistrict Court, S.D. Texas
DecidedDecember 29, 2025
Docket4:24-cv-03226
StatusUnknown

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

Bluebook
Kimberly R. v. Commissioner of the Social Security Administration, (S.D. Tex. 2025).

Opinion

UNITED STATES DISTRICT COURT December 29, 2025 Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

KIMBERLY R., § § Plaintiff, § § v. § CIVIL ACTION NO. 4:24-cv-3226 § COMMISSIONER OF THE § SOCIAL SECURITY § ADMINISTRATION, § § Defendant. §

MEMORANDUM OPINION

Plaintiff Kimberly R. (“Plaintiff”) filed this lawsuit against Defendant Commissioner of the Social Security Administration (“Commissioner”) seeking review of the denial of benefits under Title II of the Social Security Act. (ECF Nos. 1, 12). Pending before the Court1 are the Parties’ cross-motions for summary judgment. (ECF Nos. 12–13).2 Based on a review of the motions, arguments, and relevant law, the Court GRANTS Commissioner’s Motion for Summary Judgment (ECF No. 13) and DENIES Plaintiff’s Motion for

1 The parties consented to proceed before a Magistrate Judge for all proceedings under 28 U.S.C. § 636(c). (ECF No. 7). 2 Plaintiff filed a “Brief” in support of their suit. (ECF No. 12). Because the filing provides a statement of undisputed material facts and argues for reversal of the Commissioner’s administrative decision, the Court construes the filing as a motion for summary judgment (id.). Summary Judgment (ECF No. 12). The Court AFFIRMS the Commissioner’s decision, and the case is DISMISSED WITH PREJUDICE.

I. Background Plaintiff filed a claim for disability insurance benefits on November 2, 2021, alleging disability starting on October 11, 2021. (ECF No. 10-1 at 24).3 Plaintiff’s claim was initially denied by the Social Security Administration on

August 9, 2022, and again on reconsideration on July 5, 2023. (Id.). On July 12, 2023, Plaintiff requested a hearing before an Administrative Law Judge. (Id.). On December 7, 2023, Administrative Law Judge Daniel Whitney (the “ALJ”) held a telephonic hearing. (Id.). Plaintiff was represented by counsel

at the hearing. (Id.). Jessica Earl, a vocational expert (“VE”), appeared and testified at the hearing. (Id.). On February 1, 2024, the ALJ issued a decision, finding Plaintiff not disabled at Step Five.4 (Id. at 26–37). At Step One, the ALJ found Plaintiff

engaged in substantial gainful activity during the fourth quarter of 2021. (Id. at 26). At Step Two, the ALJ found Plaintiff has the following severe

3 The Administrative Record in this case can be found at ECF No. 10. 4 In considering a disability claim, an ALJ must conduct a five-step evaluation that examines: (1) whether the claimant is currently engaged in substantial gainful activity; (2) whether the claimant has a severe impairment; (3) whether the claimant’s impairment meets or equals the severity of an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1; (4) whether the impairment prevents the claimant from doing past relevant work; and (5) whether the impairment prevents the claimant from doing any other work. Masterson v. Barnhart, 309 F.3d 267, 271 (5th Cir. 2002) (citing 20 C.F.R. § 404.1520). 2 impairments: “morbid obesity; spinal fusion; Ehlers-Danlos syndrome; anxiety; and depression (20 CFR 404.1520(c)).” (Id. at 27). At Step Three, the ALJ

found Plaintiff: “does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525 and 404.1526).” (Id.). The ALJ determined that Plaintiff has the Residual

Functional Capacity (“RFC”) to: “perform light work as defined in 20 CFR 404.1567(b) except should be limited to simple non-production rate pace jobs with only occasional interaction with the public, coworkers, and supervisors.” (Id. at 29). At Step Four, the ALJ found Plaintiff “is unable to perform any

past relevant work.” (Id. at 36). At Step Five, the ALJ found there were jobs that existed in significant numbers in the national economy that Plaintiff could perform—such as a merchandise marker, housekeeper, and router—and therefore Plaintiff was not disabled as defined under the Social Security Act.

(Id. at 36–37). Plaintiff appealed to the Appeals Council and the Appeals Council denied Plaintiff’s request for review on May 23, 2024. (Id. at 8). Thus, the ALJ’s decision represents the Commissioner’s final decision in the case. See Sims v.

Apfel, 530 U.S. 103, 106–07 (2000).

3 II. Legal Standard The Court’s review of a final decision of the Commissioner on a Social

Security disability claim is exceedingly deferential. Taylor v. Astrue, 706 F.3d 600, 602 (5th Cir. 2012). “[R]eview of Social Security disability cases ‘is limited to two inquiries: (1) whether the decision is supported by substantial evidence on the record as a whole, and (2) whether the Commissioner applied the proper

legal standard.’” Copeland v. Colvin, 771 F.3d 920, 923 (5th Cir. 2014) (quoting Perez v. Barnhart, 415 F.3d 457, 461 (5th Cir. 2005)). When the Commissioner’s decision is reached by applying improper legal standards, the decision is not supported by substantial evidence. Singletary v. Bowen, 798

F.2d 818, 823 (5th Cir. 1986). “Substantial evidence is ‘such relevant evidence as a reasonable mind might accept to support a conclusion’ and constitutes ‘more than a mere scintilla’ but ‘less than a preponderance’ of evidence.” Hardman v. Colvin, 820 F.3d 142, 147 (5th Cir. 2016) (quoting Newton v. Apfel,

209 F.3d 448, 452 (5th Cir. 2000)). “‘Any findings of fact by the Commissioner which are supported by substantial evidence are conclusive.’” Heck v. Colvin, 674 F. App’x 411, 413 (5th Cir. 2017) (quoting Taylor, 706 F.3d at 602). Even so, judicial review must not be “so obsequious as to be

meaningless.” Brown v. Apfel, 192 F.3d 492, 496 (5th Cir. 1999) (quotations omitted). The substantial evidence standard is not a rubber stamp for the Commissioner’s decision and involves more than a search for evidence 4 supporting the Commissioner’s findings. Singletary, 798 F.2d at 822–23; Cook v. Heckler, 750 F.2d 391, 393 (5th Cir. 1985). Rather, a reviewing court must

scrutinize the record as a whole, taking into account whatever fairly detracts from the substantiality of evidence supporting the Commissioner’s findings. Singletary, 798 F.2d at 823. The court “‘may not reweigh the evidence . . . , nor try the issues de novo, nor substitute [its] judgment for the [Commissioner’s],

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Related

Brown v. Apfel
192 F.3d 492 (Fifth Circuit, 1999)
Newton v. Apfel
209 F.3d 448 (Fifth Circuit, 2000)
Perez v. Barnhart
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Audler v. Astrue
501 F.3d 446 (Fifth Circuit, 2007)
Uwe Taylor v. Michael Astrue, Commissioner
706 F.3d 600 (Fifth Circuit, 2012)
Sims v. Apfel
530 U.S. 103 (Supreme Court, 2000)
Patsy Copeland v. Carolyn Colvin, Acting Cmsnr
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595 F. App'x 443 (Fifth Circuit, 2015)
Johnnie Hardman v. Carolyn Colvin, Acting Cmsnr
820 F.3d 142 (Fifth Circuit, 2016)
Leah Heck v. Carolyn Colvin, Acting Cmsnr
674 F. App'x 411 (Fifth Circuit, 2017)
James Barrett v. Nancy Berryhill, Acting Cmsnr
906 F.3d 340 (Fifth Circuit, 2018)
Webster v. Kijakazi
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