Lamone Lacy v. Martin O'Malley

CourtDistrict Court, C.D. California
DecidedSeptember 22, 2025
Docket2:24-cv-04126
StatusUnknown

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

Bluebook
Lamone Lacy v. Martin O'Malley, (C.D. Cal. 2025).

Opinion

7 UNITED STATES DISTRICT COURT

8 CENTRAL DISTRICT OF CALIFORNIA

11 LAMONE L., an Individual,1 Case No. 2:24-04126 ADS

12 Plaintiff,

13 v. MEMORANDUM OPINION AND ORDER

14 FRANK BISIGNANO, Commissioner of Social Security,2 15 Defendant. 16 17 I. INTRODUCTION 18 Plaintiff Lamone L. challenges the denial of his application for disability 19 insurance benefits (“DIB”) under Title II of the Social Security Act by Defendant Frank 20

21 1 Plaintiff’s name has been partially redacted in compliance with Federal Rule of Civil Procedure 5.2(c)(2)(B) and the recommendation of the Committee on Court 22 Administration and Case Management of the Judicial Conference of the United States. 2 Frank Bisignano became Commissioner of Social Security on May 6, 2025. Under 23 Federal Rule of Civil Procedure 25(d), Frank Bisignano is automatically substituted for Martin J. O’Malley as Defendant in this suit. 24 1 Bisignano, Commissioner of Social Security (hereinafter “Commissioner” or 2 “Defendant”). Plaintiff contends that the Administrative Law Judge (“ALJ”) failed to 3 properly consider the mental assessment of treating psychiatrist Allen Chen, M.D. (Dkt. 4 No. 15.) For the reasons stated below, the decision of the Commissioner is affirmed, and 5 this matter is dismissed with prejudice.

6 II. PROCEEDINGS BELOW 7 Plaintiff filed a claim for DIB due to migraines, arthritis, social anxiety, panic 8 disorder, depression, memory loss, bipolar disorder, hypertension, shortness of breath, 9 insomnia, paranoia, and the removal of his appendix and a kidney stone. (See Dkt. 10 No. 10, Administrative Record (“AR”) 203-15.)3 Plaintiff filed his application for DIB on 11 August 11, 2021, alleging a disability onset date of July 27, 2017. (AR 203, 208.) 12 Plaintiff’s application was denied initially on December 3, 2021, and upon 13 reconsideration on March 11, 2022. (AR 78-96.) Plaintiff filed a written request for 14 hearing on May 11, 2022. (AR 140-41.) A hearing was conducted by telephone before 15 ALJ David Lacy on August 3, 2023.4 (AR 41-73.) Plaintiff, represented by counsel, 16 testified at the hearing. (AR 41-67.) Vocational expert Elizabeth Brown-Ramos also

17 testified. (AR 67-71.) Following the hearing, the ALJ issued an unfavorable decision 18 finding Plaintiff was not disabled within the meaning of the Social Security Act. 19 (AR 17-32.) On March 18, 2024, the ALJ’s decision became the Commissioner’s final 20 decision when the Appeals Council denied review. (AR 1-3.) 21 22

3 Citations to the Administrative Record are to the AR number. Pinpoint citations to 23 other docketed documents are to the page numbers in the CM/ECF-generated headers. 4 Given the Plaintiff and ALJ share a last name, the ALJ confirmed on the record that he 24 and Plaintiff were aware of no relations between them. (AR 43.) 1 Plaintiff filed this action on May 17, 2024, challenging the ALJ’s decision. (Dkt. 2 No. 1.) On July 16, 2024, Defendant filed an Answer and a copy of the Certified 3 Administrative Record. (Dkt. No. 10.) Plaintiff filed an opening brief. (Dkt. No. 15.) 4 Defendant filed an opposition brief. (Dkt. No. 19.) Plaintiff filed a notice of submission 5 in lieu of reply. (Dkt. No. 20.) This case is ready for decision.5

6 III. SUMMARY OF ALJ DECISION AFTER HEARING 7 On August 24, 2023, the ALJ found Plaintiff was not disabled within the meaning 8 of the Social Security Act. (AR 17-32.) The ALJ determined the period for Plaintiff’s 9 claim is the alleged onset date, August 21, 2019 through the date last insured, 10 December 31, 2022.6 (AR 17.) The ALJ found Plaintiff met the insured status 11 requirements of the Social Security Act on December 31, 2022. (AR 19.) 12 The ALJ followed the required five-step sequential evaluation process under the 13 Social Security Act to assess whether Plaintiff was disabled.7 See 20 C.F.R. 14 § 404.1520(a). At step one, the ALJ found that Plaintiff had not been engaged in 15

5 The Parties filed consents to proceed before a United States Magistrate Judge, 16 pursuant to 28 U.S.C. § 636(c), including for entry of final Judgment. (Dkt. Nos. 6, 8, 14.) 17 6 In Plaintiff’s application, he included an alleged onset date of July 27, 2017, which the ALJ determined fell within a previously adjudicated period. (AR 203, 208.) Plaintiff 18 does not contest the claim period determination. (Dkt. No. 15 at 2-4; Dkt. No. 19 at 7.) 7 The ALJ follows a five-step sequential evaluation process to assess whether a claimant 19 is disabled: Step one: Is the claimant engaging in substantial gainful activity? If so, the claimant is found not disabled. If not, proceed to step two. Step two: Does the claimant 20 have a “severe” impairment? If so, proceed to step three. If not, then a finding of not disabled is appropriate. Step three: Does the claimant’s impairment or combination of 21 impairments meet or equal an impairment listed in 20 C.F.R., Pt. 404, Subpt. P, App. 1? If so, the claimant is automatically determined disabled. If not, proceed to step four. 22 Step four: Is the claimant capable of performing his past work? If so, the claimant is not disabled. If not, proceed to step five. Step five: Does the claimant have the residual 23 functional capacity to perform any other work? If so, the claimant is not disabled. If not, the claimant is disabled. Lester v. Chater, 81 F.3d 821, 828 n. 5 (9th Cir. 1996) (as 24 amended). 1 substantial gainful activity since August 21, 2019, the alleged onset date, through 2 December 31, 2022, the date last insured. (AR 20.) At step two, the ALJ found that 3 Plaintiff had the following severe impairments: major depressive disorder, generalized 4 anxiety disorder, panic disorder, post-traumatic stress disorder, unspecified mood 5 disorder, obesity, left medial retinacular tear, right knee strain, diabetes mellitus, and

6 diabetic polyneuropathy. (AR 20.) 7 At step three, the ALJ found that Plaintiff did not have an impairment or 8 combination of impairments that met or medically equaled the severity of one of the 9 listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (the “Listings”). (AR 21.) 10 The ALJ then found that through the date last insured, Plaintiff had the RFC8 to 11 perform medium work except as follows: 12 The claimant is limited to lifting and carrying up to 50 pounds occasionally and 25 pounds frequently. The claimant can sit for 6 hours, stand for 6 13 hours, and walk for 6 hours in an 8-hour workday, for 5 days a week.

14 The claimant also has the following limitations:  No overhead reaching with the left upper extremity; 15  No more than frequent pushing and pulling with the bilateral extremities; 16  No more than frequent reaching (other than previously mentioned), handling, fingering, and feeling with the bilateral upper extremities; 17  No exposure to hazards or climbing ladders, ropes, or scaffolds, and no more than occasional balancing, crawling, crouching, kneeling, 18 stooping, or climbing ramps or stairs, as those are defined in the DOT/SCO; 19  Can understand, remember and carry out simple instructions;  Can have no more than occasional interactions with supervisors, 20 coworkers and the public; and 21 22 23 8 An RFC is what a claimant can still do despite existing exertional and nonexertional 24 limitations.

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Lamone Lacy v. Martin O'Malley, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamone-lacy-v-martin-omalley-cacd-2025.