Michelle B. v. Frank Bisignano, Commissioner of Social Security

CourtDistrict Court, E.D. Missouri
DecidedFebruary 12, 2026
Docket4:24-cv-01339
StatusUnknown

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

Bluebook
Michelle B. v. Frank Bisignano, Commissioner of Social Security, (E.D. Mo. 2026).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

MICHELLE B., ) ) Plaintiff, ) ) ) v. ) Case No. 4:24-CV-1339-JSD ) FRANK BISIGNANO, ) Commissioner of Social Security,1 ) ) ) Defendant. )

MEMORANDUM OPINION

This is an action under 42 U.S.C. §§ 405(g) and 1383(c)(3) for judicial review of the final decision of Defendant Frank Bisignano, Commissioner of Social Security (the “Commissioner”) denying the application of Plaintiff Michelle B. (“Plaintiff”) for Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act (the “Act”), 42 U.S.C. §§ 401 et seq., and for Supplemental Security Income (“SSI”) under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381, et seq. The parties consented to the jurisdiction of the undersigned magistrate judge pursuant to 28 U.S.C. § 636(c). (ECF No. 6.) For the reasons stated herein, the Court affirms the Commissioner’s denial of Plaintiff’s application.

1Frank Bisignano was confirmed as the new Commissioner of Social Security in May 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Frank Bisignano should be substituted, therefore, for Leland Dudek as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). I. BACKGROUND In January 2019, Plaintiff applied for DIB and SSI, alleging that she had been unable to work since December 31, 2015, due to carpal tunnel, bulging disc, spondylitis, pseudo tumor cerebri, occipital neuralgia, anxiety, depression, and neck and shoulder pain. (Tr. 177, 180, 192.)

In August 2019, Plaintiff’s application was denied. (Tr. 100-104.) On June 2, 2020, following a hearing requested by Plaintiff, an administrative law judge (“ALJ”) issued an unfavorable decision. (Tr. 16-30, 106.) Plaintiff filed a Request for Review of Hearing Decision with the Social Security Administration’s Appeals Council (Tr. 173-76), which was denied on November 5, 2020 (Tr. 1-6). Plaintiff appealed this decision to the United State District Court for the Eastern District of Missouri, the Commissioner moved to remand, and the Court remanded the case to the agency. (Tr. 664-69.) On April 9, 2024, the ALJ held a hearing on remand, at which Plaintiff testified as follows: since the 2020 hearing, the pain in her lower back had worsened; she took three different medications for her headaches and was still trying to get them under control, reporting headaches

twelve to fifteen days a month; her headaches caused light and sound sensitivity; she was receiving monthly nerve block shots in her head, which dulled her symptoms for four-to-five weeks; she could not do housework or normal chores; she had difficulty going up the four steps to enter her house; she struggled with concentration; she spent about fifteen hours a day lying down and could not sit or stand for more than fifteen to twenty minutes at a time; she had trouble sleeping due to pain; her hands cramped and locked up, but she had not received any treatment on her hands since her 2015 carpal tunnel surgery; she took Percocet and a muscle relaxer for pain management; and she has experienced difficulty getting treatment due to the Covid pandemic, a loss of health insurance coverage, and lack of transportation. (Tr. 599-614.) The ALJ issued an unfavorable decision on June 5, 2024. (Tr. 570-84.) Plaintiff has exhausted all administrative remedies, and the decision of the ALJ stands as the final decision of the Commissioner. The Court accepts the facts as set forth in the parties’ respective statements of fact and responses.

II. STANDARD FOR DETERMINING DISABILITY UNDER THE ACT To be eligible for benefits under the Act, a claimant must prove she is disabled. Pearsall v. Massanari, 274 F.3d 1211, 1217 (8th Cir. 2001); Baker v. Sec’y of Health & Hum. Servs., 955 F.2d 552, 555 (8th Cir. 1992). Under the Act, a person is disabled if she is unable “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” 42 U.S.C. §§ 423(d)(1)(A); 1382c(a)(3)(A). Accord Hurd v. Astrue, 621 F.3d 734, 738 (8th Cir. 2010). The impairment must be “of such severity that he [or she] is not only unable to do his [or her] previous work but cannot, considering his [or her] age, education, and work experience, engage in any other kind of substantial gainful

work which exists in the national economy, regardless of whether such work exists in the immediate area in which he [or she] lives, or whether a specific job vacancy exists for him [or her], or whether he [or she] would be hired if he [or she] applied for work.” 42 U.S.C. §§ 423(d)(2)(A); 1382c(a)(3)(B). To determine whether a claimant is disabled, the Commissioner engages in a five-step evaluation process. 20 C.F.R. §§ 404.1520(a), 416.920(a); McCoy v. Astrue, 648 F.3d 605, 611 (8th Cir. 2011) (discussing the five-step process). At Step One, the Commissioner determines whether the claimant is currently engaging in “substantial gainful activity”; if so, then the claimant is not disabled. 20 C.F.R. §§ 404.1520(a)(4)(i), 416.920(a)(4)(i); McCoy, 648 F.3d at 611. At Step Two, the Commissioner determines whether the claimant has “a severe medically determinable physical or mental impairment that meets the [twelve-month duration requirement in § 404.1509 or § 416.909], or a combination of impairments that is severe and meets the duration requirement”; if the claimant does not have a severe impairment, the claimant is not disabled. 20 C.F.R.

§§ 404.1520(a)(4)(ii), 416.920(a)(ii); McCoy, 648 F.3d at 611. To be severe, an impairment must “significantly limit[] [the claimant’s] physical or mental ability to do basic work activities.” 20 C.F.R. §§ 404.1520(c), 416.920(c). At Step Three, the Commissioner evaluates whether the claimant’s impairment meets or equals one of the impairments listed in 20 C.F.R. Part 404, Subpart P, Appendix 1 (the “listings”). 20 C.F.R. §§ 404

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Michelle B. v. Frank Bisignano, Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michelle-b-v-frank-bisignano-commissioner-of-social-security-moed-2026.