Lori Beth J. v. Frank Bisignano, Commissioner of the Social Security Administration

CourtDistrict Court, S.D. Indiana
DecidedMarch 23, 2026
Docket3:25-cv-00019
StatusUnknown

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

Bluebook
Lori Beth J. v. Frank Bisignano, Commissioner of the Social Security Administration, (S.D. Ind. 2026).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION

LORI BETH J.,1 ) ) Plaintiff, ) ) v. ) No. 3:25-cv-00019-RLY-CSW ) FRANK BISIGNANO, Commissioner of the ) Social Security Administration, ) ) Defendant. )

ENTRY ON PLAINTIFF'S OBJECTION TO THE MAGISTRATE'S REPORT AND RECOMMENDATION

Plaintiff Lori Beth suffers from tendinitis and epicondylitis in the upper left arm, irritable bowel syndrome, pylorus stenosis, osteopenia, major depressive disorder, anxiety, and post-traumatic stress disorder. She applied for Social Security Benefits in May 2021. The Social Security Administration ("SSA") denied her claims initially and upon reconsideration. After a hearing, the Administrative Law Judge ("ALJ") held that Lori Beth is not disabled. Lori Beth filed suit for review of the ALJ's decision under 42 U.S.C. § 405(g). The court reversed the ALJ's decision upon joint motion by the parties.2 After a second hearing, the ALJ again held that Lori Beth is not disabled, and Lori Beth filed this suit for review.

1 To protect the privacy of claimants for Social Security benefits, consistent with the recommendation of the Court Administration and Case Management Committee of the Administrative Office of the United States Courts, the Southern District of Indiana has opted to use only the first name and last initial of non-governmental parties in its Social Security judicial review opinions. 2 No. 3:23-cv-187 at Dkts. 9–10. The court referred the matter to the Magistrate Judge under 28 U.S.C. § 636(b). The Magistrate Judge recommended that the court affirm the ALJ's decision, and Lori

Beth filed an objection. For the reasons set forth below, the court OVERRULES the objection and ADOPTS the Magistrate Judges' Report and Recommendation. I. Background A. ALJ Review Lori Beth filed an application for a period of disability and disability insurance benefits. Lori Beth alleged disability beginning on September 30, 2019. The SSA denied

her claim initially and upon reconsideration. Lori Beth then requested a hearing before an ALJ. The ALJ found that Lori Beth was not disabled. In concluding that Lori Beth was not disabled, the ALJ followed the five-step sequential evaluation described in 20 C.F.R. § 416.920(a). At step one, the ALJ concluded that Lori Beth had not engaged in substantial gainful activity since the alleged

onset of her disability. (Dkt. 9-9 at 10–11).3 At step two, the ALJ concluded that Lori Beth had the severe impairments of tendinitis and epicondylitis in the upper left arm, irritable bowel syndrome, pylorus stenosis, osteopenia, major depressive disorder, anxiety, and post-traumatic stress disorder. (Id. at 11). At step three, the ALJ concluded that Lori Beth did not have an impairment or

combination of impairments that met or medically equaled the severity of one of the listed impairments. (Id. at 11–14).

3 The court uses ECF page numbers throughout this Entry. After step three, but before step four, the ALJ assessed Lori Beth's residual functional capacity (RFC) and her past relevant work. (Id. at 14–24). In making these

findings, the ALJ considered record evidence, Lori Beth's hearing testimony, and the opinions of medical experts. (Id.) Relevant to this motion is the ALJ's analysis of the medical opinion evidence and Lori Beth's subjective symptom statements. The ALJ reviewed five medical opinions in the record and found them all to be either unpersuasive or partially persuasive. Only three opinions are relevant to the objection.

Dr. Kohn performed an internal medicine consultative exam of Lori Beth on August 21, 2021. (Id. at 22). Dr. Kohn opined that Lori Beth had "mild limitations with sitting, standing and walking due to GI disturbances"; "severe limitations with lifting and carrying weight due to left shoulder pain"; and "limitations with bending, stooping, crouching and squatting . . . occasionally due to osteoporosis, PTSD, anxiety and gastric

dysfunction." (Id.; Dkt. 9-7 at 337). The ALJ found the opinion unpersuasive, stating that it was not "not adequately supported or consistent with other evidence of record." (Dkt. 9-9 at 23). The ALJ concluded that Dr. Kohn's examination revealed "scant" abnormal findings and marked inconsistencies. (Id. at 22). For example, Dr. Kohn wrote that Lori Beth showed "weakness in the left arm and hand grip" but wrote in another

portion that she showed no loss of strength in any of the upper extremities. (Id.; Dkt. 9-7 at 335 (noting in the chart that muscle strength is fine in every category while also stating there is weakness in the left arm and hand grip under the chart)). Dr. Huett performed a psychological evaluation of Lori Beth on August 25, 2021. (Dkt. 9-9 at 23; Dkt. 9-7 at 338). Dr. Huett opined that Lori Beth's ability to (1) "attend,

concentrate and complete tasks appears moderately affected"; (2) "interact appropriately with co-workers, supervisors, and the public appears moderately affected"; and (3) "handle routine changes found in the workplace appears moderately affected." (Dkt. 9-9 at 23; Dkt. 9-7 at 341). After reviewing the opinion and Dr. Huett's examination notes, the ALJ found the opinion unpersuasive. (Dkt. 9-9 at 23). Although Dr. Huett noted that Lori Beth appeared "distractable" and "scattered," Lori Beth's mental status evaluation

did not demonstrate "significant abnormalities upon objective testing." (Id.). The ALJ also noted that Dr. Huett's use of "moderately affected" in her conclusion is not a precise opinion about Lori Beth's functional limitation. (Id.). Despite finding the opinion mostly unpersuasive, the ALJ included a limitation for concentration, persistence, and pace based, in part, on Dr. Huett's findings. (Id.).

Finally, the ALJ considered the opinion of Dr. Snyder, Lori Beth's gastrointestinal specialist. (Id. at 23–24). Dr. Snyder opined that Lori Beth's conditions would cause her to miss work "[m]ore than four days per month," and she would "need to lie down or rest at unpredictable intervals" on an "hourly" basis for "15 min[ute]s." (Dkt. 9-8 at 347). He also opined that Lori Beth would (1) need to "shift[] positions at will," (2) require one to

two "unscheduled bathroom breaks" per day, and (3) have symptoms that would "often" interfere with her attention and concentration. (Id. at 346 (emphasis in original)). The ALJ found this opinion, too, unpersuasive because it was "not internally consistent with contemporaneous treatment or examination notes, as well as not generally supported by the evidence as a whole." (Dkt. 9-9 at 23).

The ALJ pointed out that Dr. Snyder failed to provide citations or references to support his opinion, instead writing "See notes" or "See notes attached" without attaching any notes to the opinion. (Id.; see Dkt. 9-8 at 344–48). The ALJ also noted that Dr. Snyder's opinion was based on symptoms such as "malaise," "fatigue," and abdominal pain, but his treatment notes often failed to document "recurrent objective findings" of these symptoms." (Dkt. 9-9 at 23–24). Ultimately, the ALJ found that Dr. Snyder's

opinion was "not consistent with the other medical evidence of record[,] which did not objectively document deficits in concentration or distress and discomfort . . . during medical treatment and examination." (Id. at 24). Regarding Lori Beth's subjective symptom statements, the ALJ found that her conditions could cause the symptoms she alleges, but her "statements concerning the

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Lori Beth J. v. Frank Bisignano, Commissioner of the Social Security Administration, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lori-beth-j-v-frank-bisignano-commissioner-of-the-social-security-insd-2026.