Nathan H. v. Frank Bisignano, Commissioner of Social Security

District Court, M.D. North Carolina·Decided August 4, 2026·No. 1:25-cv-00958·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

NATHAN H., ) ) Plaintiff, ) v. ) 1:25CV958 ) FRANK BISIGNANO, ) Commissioner of Social ) Security, ) ) Defendant. )

ORDER AND MEMORANDUM OPINION OF UNITED STATES MAGISTRATE JUDGE

Plaintiff Nathan H. (“Nathan”) 13, 2023. (Tr. 199-205.) The brought this action to obtain review of applications were denied initially and a final decision of the Commissioner upon reconsideration. (Tr. 88-91, 101- of Social Security denying his claim 07.) After a hearing, the ALJ for social security disability insurance determined on December 10, 2024 benefits and a period of disability.1 that Nathan was not disabled under The Court has considered the certified the Act. (Tr. 29-65.) The Appeals administrative record and dispositive Council denied a request for review, briefing from the parties. Because the making the ALJ’s decision the final Administrative Law Judge’s (“ALJ”) decision for the purposes of judicial decision is not susceptible to judicial review. (Tr. 3-7.) review, the Court will grant Nathan’s request for remand, as set forth II. STANDARD OF REVIEW below. While Section 405(g) of Title 42 of the I. PROCEDURAL HISTORY United States Code “authorizes judicial review of the Social Security Nathan filed an application for Commissioner’s denial of social disability insurance benefits and a security benefits,” see Hines v. period of disability in August of 2023, Barnhart, 453 F.3d 559, 561 (4th Cir. alleging a disability onset date of June 2006), the scope of that review is

1 Transcript citations refer to the Reference, this matter was referred to the Administrative Transcript of Record filed Undersigned to conduct all proceedings manually with the Commissioner’s in this case pursuant to 28 U.S.C. Answer. See Docket Entry 4. By Order of § 636(c). Docket Entry 10. specific and narrow, see Smith v. sequence, whether the Schweiker, 795 F.2d 343, 345 (4th claimant: (1) worked during the Cir. 1986). Specifically, review is alleged period of disability; (2) limited to determining if there is had a severe impairment; (3) substantial evidence in the record to had an impairment that met or support the Commissioner’s decision. equaled the requirements of a 42 U.S.C. § 405(g); Hunter v. listed impairment; (4) could Sullivan, 993 F.2d 31, 34 (4th Cir. return to her [or his] past 1992); Hays v. Sullivan, 907 F.2d relevant work; and (5) if not, 1453, 1456 (4th Cir. 1990). In could perform any other work reviewing for substantial evidence, in the national economy. the Court does not re-weigh conflicting evidence, make credibility Id. at 472. A finding adverse to the determinations, or substitute its claimant at any of several points in judgment for that of the this five-step sequence forecloses a Commissioner. Craig v. Chater, 76 disability designation and ends the F.3d 585, 589 (4th Cir. 1996). Put inquiry. Id. at 473. “Through the simply: the issue before the Court is fourth step, the burden of production not whether Nathan is disabled but and proof is on the claimant. If the whether the finding that he is not claimant reaches step five, the burden disabled is supported by substantial shifts to the Secretary to produce evidence and based upon a correct evidence that other jobs exist in the application of the relevant law. Id. national economy that the claimant can perform considering his age, III. THE ALJ’S DECISION education, and work experience.” Hunter, 993 F.2d at 35 (internal The ALJ followed the correct process, citations omitted). set forth in 20 C.F.R. § 404.1520, to determine disability. See Albright v. The ALJ determined at step one that Comm’r of Soc. Sec. Admin., 174 F.3d Nathan had not engaged in 473, 475 n.2 (4th Cir. 1999). substantial gainful activity since the alleged onset date of June 13, 2023. “The Commissioner uses a five-step (Tr. 32.) The ALJ next found the process to evaluate disability claims.” following severe impairment at step Hancock v. Astrue, 667 F.3d 470, two: chronic lymphocytic leukemia. 472-73 (4th Cir. 2012) (citing 20 (Tr. 32.) At step three, the ALJ found C.F.R. §§ 416.920(a)(4), that Nathan did not have an 404.1520(a)(4)). impairment or combination of impairments listed in, or medically Under this process, the equal to one listed in, Appendix 1. (Tr. Commissioner asks, in 33.) 2 The ALJ next set forth Nathan’s Residual Functional Capacity (“RFC”) A. The RFC Determination. and determined that he could perform a reduced range of light work: The RFC measures the most a claimant can do in a work setting except he can frequently climb despite the physical and mental ramps, ladders or scaffolds, he limitations of his or her impairments can frequently climb ramps or and any related symptoms (e.g., pain). stairs, he can frequently See 20 C.F.R. § 404.1545(a)(1); see balance, stool [sic], kneel, also Dunn v. Colvin, 607 F. App’x crouch and crawl; and he can 264, 272 (4th Cir. 2015) avoid concentrated exposure to (unpublished) (stating that claimant’s extreme cold, extreme heat, RFC is “[a] medical assessment of vibrations, irritants such as what an individual can do in a work fumes, odors, dust and gases, setting in spite of the functional and hazards.2 limitations and environmental restrictions imposed by all of his or (Tr. 33.) At the fourth step, the ALJ her medically determinable determined that Nathan was unable impairment(s)”) (internal citation to perform his past relevant work. omitted); Hines, 453 F.3d at 562. The (Tr. 36.) Last, at step five, the ALJ RFC includes both a “physical concluded that there were other jobs exertional or strength limitation” that in the national economy that Nathan assesses the claimant’s “ability to do could perform. (Tr. 36-37.) sedentary, light, medium, heavy, or very heavy work,” as well as IV. DISCUSSION “nonexertional limitations (mental, sensory or skin impairments).” Hall v. In his appeal, Nathan asserts in Harris, 658 F.2d 260, 265 (4th Cir. pertinent part that “[t]he ALJ erred by 1981). failing to account for [his] need for additional unscheduled breaks due to “Social Security Ruling 96-8p frequent [bowel movements] in the explains that the RFC assessment RFC.” Docket Entry 9 at 4. As must include a narrative discussion explained in greater detail below, this describing how the evidence supports objection has merit and warrants a each conclusion, citing specific remand for further administrative medical facts (e.g., laboratory proceedings. findings) and nonmedical evidence

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