Stephanie K. Tackett v. Frank J. Bisignano, Commissioner of Social Security

CourtDistrict Court, E.D. Kentucky
DecidedOctober 22, 2025
Docket6:25-cv-00040
StatusUnknown

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

Bluebook
Stephanie K. Tackett v. Frank J. Bisignano, Commissioner of Social Security, (E.D. Ky. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOURTHERN DIVISION LONDON

STEPHANIE K. TACKETT, ) ) Plaintiff, ) No. 6:25-CV-40-HAI ) v. ) ) MEMORANDUM OPINION FRANK J. BISIGNANO, ) & ORDER Commissioner of Social Security, ) ) Defendant. ) ) *** *** *** ***

In June 2022, Plaintiff Stephanie Kennedy Tackett filed a Title II application for disability insurance benefits and Title XVI application for supplemental security income. See D.E. 8 at 19.1 She alleged disability beginning April 2, 2022. Id. The Social Security Administration denied Tackett’s claims initially and upon reconsideration. Id. Then, on January 31, 2024, Administrative Law Judge (“ALJ”) Lauren K. Tran conducted a telephonic administrative hearing. The ALJ heard testimony from Tackett (represented by attorney Vickie Aukerman) and impartial vocational expert (“VE”) Ralph Crystal. Id. Tackett was found to not be disabled during the relevant period, April 2, 2022, to May 2, 2024, the date of the decision. Id. at 30. The Appeals Council denied review on January 29, 2025. Id. at 1. On March 5, 2025, Tackett (with different counsel) brought this action under 42 U.S.C. §§ 405(g) and 1383(c) to obtain judicial review of the ALJ’s 2024 decision denying her application for disability insurance benefits and supplemental security income. The parties filed briefs, including a reply. D.E. 11, 16, 17. In June 2025, the parties consented to the referral of

1 References to the administrative record are to the large black page numbers at the bottom of each page. this matter to a magistrate judge. D.E. 13. The matter was referred to the undersigned to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73. D.E. 14. The Court, having reviewed the record and for the reasons stated herein, DENIES Plaintiff’s request to remand these proceedings.

I. The ALJ’s Decision Under 20 C.F.R. §§ 404.1520, 416.920, an ALJ conducts a five-step analysis to evaluate a disability claim.2 The ALJ followed these procedures in this case. At the first step, if a claimant is working at a substantial gainful activity, she is not disabled. 20 C.F.R. § 404.1520(b). In this case, the ALJ found that Tackett “has not engaged in substantial gainful activity since April 2, 2022, the alleged onset date.” D.E. 8 at 21. At the second step, if a claimant does not have any impairment or combination of impairments which significantly limit her physical or mental ability to do basic work activities, then she does not have a severe impairment and is not disabled. 20 C.F.R. § 404.1520(c). In this

case, the ALJ found Tackett had the severe impairments of “carpal tunnel syndrome, cervical degenerative disc disease, depression, anxiety, schizophrenia, and post-traumatic stress disorder (20 CFR 404.1520(c) and 416.920(c)).” D.E. 8 at 21. Tackett does not argue the ALJ should have identified additional severe impairments.

2 The Sixth Circuit summarized this process in Jones v. Comm’r of Soc. Sec., 336 F.3d 469 (6th Cir. 2003):

To determine if a claimant is disabled within the meaning of the Act, the ALJ employs a five-step inquiry defined in 20 C.F.R. § 404.1520. Through step four, the claimant bears the burden of proving the existence and severity of limitations caused by her impairments and the fact that she is precluded from performing her past relevant work, but at step five of the inquiry . . . the burden shifts to the Commissioner to identify a significant number of jobs in the economy that accommodate the claimant’s residual functional capacity (determined at step four) and vocational profile.

Id. at 474 (internal citations omitted). At the third step, if a claimant’s impairments meet or equal an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1, then she is disabled. 20 C.F.R. § 404.1520(d). The ALJ found Tackett failed to meet this standard. D.E. 8 at 23. The ALJ considered several listings but found none of them satisfied in Tackett’s case. Id. Relevant to this appeal, the ALJ considered mental impairments under Listings 12.03, 12.04, 12.06, and 12.15. Id. Tackett does not appear

to challenge this determination that she fails to meet or medically equal the criteria for any of these listings. Her briefing nowhere addresses the elements of these or any other listed impairments. Some aspects of the ALJs’ step-three consideration of potential mental impairments are relevant to the parties’ arguments. The ALJ considered the four different domains of the “paragraph B criteria” and found that Tackett has “moderate limitation” in all four domains: (1) understanding, remembering, or applying information; (2) interacting with others; (3) concentrating, persisting, and maintaining pace; and (4) adapting or managing oneself. D.E. 8 at 24. In these analyses, the SSA uses a five-point rating scale of increasing limitation “consisting

of no limitation, mild limitation, moderate limitation, marked limitation, and extreme limitation.” 20 C.F.R. § Pt. 404, Subpt. P, App. 1. The regulations define these five levels of limitations as follows: a. No limitation (or none). You are able to function in this area independently, appropriately, effectively, and on a sustained basis.

b. Mild limitation. Your functioning in this area independently, appropriately, effectively, and on a sustained basis is slightly limited.

c. Moderate limitation. Your functioning in this area independently, appropriately, effectively, and on a sustained basis is fair.

d. Marked limitation. Your functioning in this area independently, appropriately, effectively, and on a sustained basis is seriously limited. e. Extreme limitation. You are not able to function in this area independently, appropriately, effectively, and on a sustained basis.

20 C.F.R. § Pt. 404, Subpt. P, App. 1, Listing 12.00F. Thus, the ALJ found Tackett had moderate (i.e., mid-range or “fair”) limitations in all four mental-impairment domains. See 20 C.F.R. § Pt. 404, Subpt. P, App. 1, Listing 12.00, describing “Mental Disorders.” Tackett particularly focuses on two of the four domains. The first is concentrating, persisting, or maintaining pace. The regulations describe this domain as follows: Concentrating, persisting, or maintaining pace. This area of mental functioning refers to the abilities to focus attention on work activities and to stay on-task at a sustained rate.

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Stephanie K. Tackett v. Frank J. Bisignano, Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephanie-k-tackett-v-frank-j-bisignano-commissioner-of-social-security-kyed-2025.