Terry Robert Shirey v. Frank Bisignano, Commissioner of Social Security

District Court, N.D. Ohio·Decided March 12, 2026·No. 5:25-cv-01016·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

TERRY ROBERT SHIREY, ) CASE NO. 5:25-cv-01016-BMB ) Plaintiff, ) JUDGE BRIDGET MEEHAN BRENNAN ) v. ) MAGISTRATE JUDGE ) REUBEN J. SHEPERD FRANK BISIGNANO, ) Commissioner of Social Security ) REPORT AND RECOMMENDATION Defendant. )

I. Introduction Plaintiff, Terry Robert Shirey (“Shirey”), seeks judicial review of the final decision of the Commissioner of Social Security, denying his application for Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act. This matter is before me pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3), and Local Rule 72.2(b). Because the Administrative Law Judge (“ALJ”) applied proper legal standards, I recommend that the Commissioner’s final decision denying Shirey’s application for DIB be affirmed. II. Procedural History Shirey filed for DIB on September 29, 2022, alleging a disability onset date of July 1, 2018. (Tr. 215). The claims were denied initially and on reconsideration. (Tr. 101, 114). On October 13, 2023, Shirey requested a hearing before an ALJ. (Tr. 130). Shirey, represented by counsel, and a Vocational Expert (“VE”) testified before an ALJ on April 4, 2024. (Tr. 51-72). On April 24, 2024, the ALJ issued a written decision finding Shirey not disabled. (Tr. 8-22). The Appeals Council denied Shirey’s request for review on March 25, 2025, rendering the ALJ’s decision the final decision of the Commissioner. (Tr. 1-7). Shirey timely filed this action on May 19, 2025. (ECF Doc. 1). III. Evidence A. Personal, Educational, and Vocational Evidence Shirey was born January 31, 1969. (Tr. 294). He was 49 years old on the alleged onset

date, making him a younger individual according to agency regulations. (Tr. 102). He has at least a high school education (Tr. 259), and he has past relevant work as a Finance Manager, DOT 186.167-086. (Tr. 21). His date last insured was December 31, 2023. (Tr. 14). B. Relevant Medical Evidence On July 16, 2018, Shirey attended a medical appointment at the Veteran’s Administration Medical Center (“VA”) complaining of bilateral knee pain. (Tr. 567). Examination notes indicate he displayed an antalgic gait and bilateral knee crepitus. (Id.). X-rays performed that day showed mild right knee chondrocalcinosis and bilateral mild degenerative changes. (Id.). He was referred to physical therapy, and at an assessment on July 18, 2018, he indicated he was experiencing

pain in his lower back, neck, bilateral shoulders, and his right knee. (Tr. 600). He had been prescribed Meloxicam for his knee and had been previously treated with a chiropractor. (Id.). He reported he was unable to perform his activities of daily living and had to sleep in a recliner due to his inability to lie flat in his bed. (Id.). His therapist reviewed a lumbar spine x-ray from July 6, 2018 which showed degenerative change; scoliosis with pelvic tilt, mild wedging of the last thoracic level, likely chronic; and right common iliac arterial ectasia. (Id.). Shirey attended a pain management consultation on August 29, 2018, and stated that he has had low back pain “all his life” that was localized at his beltline. (Tr. 576). The pain sometimes radiated bilaterally to his groin and the area on the outside of his hips was numb. (Id.). He also reported a recent onset of left arm pain with the feeling of pins and needles, as well as neck pain. (Id.). Examination notes indicate normal imaging with minimal degenerative changes in the cervical and lumbar spine. (Tr. 577). He displayed a “grossly normal, non- antalgic” gait, with minimal pain behaviors, 5/5 lower and upper extremity strength with minimal limitation in his spinal range of motion and mild tenderness on palpation. (Tr. 702-03).

An examination of Shirey’s knees on February 25, 2019 revealed a non-antalgic gait, with negative knee crepitus, bilateral anterior drawer test, McMurry’s test/ posterior drawer test and valgus and varus stress tests. (Tr. 558). On March 12, 2019, Shirey underwent bilateral shoulder x-rays, which were normal. (Tr. 666-67). Examination notes from that same day indicated 5/5 strength, tenderness of palpation of bilateral posterior shoulders and decreased range of motion of bilateral shoulders due to pain. (Tr. 554). On March 25, 2019, he had an electromyography test (“EMG”) to address numbness, tingling, and pain in his left arm, hand, posterior left shoulder, and right shoulder. (Tr. 548). The EMG revealed mild right and moderate left carpal tunnel syndrome. (Tr. 538). He also had an MRI on April 11, 2019, which revealed

minimal narrowing of the glenohumeral articular cartilage, with no evidence of rotator cuff or labral abnormality. (Tr. 537). An examination of his shoulders on April 17, 2019, Shirey had positive Phalen and Tinel tests , and his range of motion was limited by pain. (Tr. 538). A thoracic spine x-ray on May 6, 2019, showed mild disc space narrowing, and a scoliosis evaluation indicated minimal scoliosis at the thoracolumbar junction convex toward the left. (Tr. 665). A May 29, 2019 cervical spine MRI showed a small central disc bulge at C3-C4 and C5-6, a small central disc bulge causing mild central compromise at C4-C5, and a small central and left paracentral disc bulge and focal annular tear at C6-C7. (Tr. 535). There were osteophytes at uncovertebral joints causing mild left neural foramen compromise at C6-C7. (Id.). Shirey treated his shoulders with a chiropractor beginning on June 5, 2019, and at a VA office visit on July 31, 2019, Shirey reported he has had the feeling of pins and needles in the area of the shoulder medial to both shoulder blades for more than 20 years. (Tr. 516). He reported some numbness in his hands, and was assessed with bilateral shoulder pain, possibly rotator cuff tendinitis, and median nerve neuritis. (Id.).

A primary care progress note dated March 9, 2020 indicated a medical history that included arthritis of shoulder region joint; alcohol abuse; shoulder pain (right injection 2/2018); rotator cuff impingement syndrome; bilateral carpal tunnel syndrome; paresthesia of upper limb; tobacco use; vitamin D deficiency; patellofemoral stress syndrome; osteoarthritis of knee; hypertension; knee pain; and low back pain. (Tr. 498). Bilateral knee x-rays from July 31, 2020, showed mild joint space narrowing and chondrocalcinosis. (Tr. 492). A physical therapy assessment on August 20, 2020, noted that Shirey “finds himself constantly decreasing weightbearing through the left lower extremity due to habitual tendencies,” and documented continued, although improved, numbness in the left lower extremity, with pain at 2/10 in his

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Terry Robert Shirey v. Frank Bisignano, Commissioner of Social Security, (N.D. Ohio 2026).

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