Tina M. Nitzke v. Frank Bisignano, Commissioner of the Social Security Administration

CourtDistrict Court, E.D. Wisconsin
DecidedMarch 9, 2026
Docket1:24-cv-00932
StatusUnknown

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

Bluebook
Tina M. Nitzke v. Frank Bisignano, Commissioner of the Social Security Administration, (E.D. Wis. 2026).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

TINA M. NITZKE,

Plaintiff, v. Case No. 24-cv-0932-bhl

FRANK BISIGNANO1 Commissioner of the Social Security Administration,

Defendant. ______________________________________________________________________________

DECISION AND ORDER

Plaintiff Tina M. Nitzke seeks review of the final decision of the Commissioner of the Social Security Administration, denying her claim for disability insurance benefits under the Social Security Act, 42 U.S.C. § 405(g). For the reasons set forth below, the Commissioner’s decision is affirmed. PROCEDURAL BACKGROUND On July 1, 2020, Nitzke applied for disability insurance benefits alleging a disability onset date of May 15, 2015, when she was 45 years old. (ECF No. at 13 at 1.) After her claims were denied initially and on reconsideration, she requested a hearing before an administrative law judge (ALJ). (Id.) The ALJ held a telephonic hearing on January 10, 2024 and, in a January 31, 2024 decision, denied Nitzke’s disability claim, concluding that Nitzke was not disabled. (Id.) The ALJ found that Nitzke had severe impairments from degenerative disc disease of the cervical spine, thoracic outlet syndrome, migraines, fibromyalgia, chronic pain syndrome, depressive disorder, and anxiety disorder. (ECF No. 8-3 at 18.) As a result of these impairments, the ALJ also found that Nitzke was restricted to light work with a number of additional restrictions, and because

1 Frank Bisignano was sworn in as Commissioner of Social Security on May 7, 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Frank Bisignano is substituted 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). The Clerk of Court is directed to correct the docket. someone with these restrictions could still perform jobs that exist in the national economy in significant number, the ALJ found that Nitzke was not disabled. (Id. at 22, 33–34.) On June 12, 2024, the Appeals Council denied Nitzke’s request for review of that decision. (ECF No. 8-3 at 2–4.) Nitzke now seeks judicial review pursuant to 42 U.S.C. §405(g). BACKGROUND According to her application, Nitzke was born on September 21, 1969, completed the 12th grade, and is married with two adult children. (ECF No. 8-6 at 5, ECF No. 8-7 at 47.) She claimed disability as of May 15, 2015, due to migraines, facial pain/trigeminal neuralgia, fibromyalgia, degenerative disc disease, chronic pain disorder, chronic neck pain, thoracic outlet syndrome, fatigue, and anxiety/panic attacks. (ECF No. 8-4 at 4.) Nitzke claims she experiences pain from several conditions, including constant pain in her neck that runs down her left arm and side and limits her reaching ability. (ECF No. 8-3 at 58–60.) State agency physician consultants reviewed Nitzke’s claim and found that she had a history of degenerative disc disease, chronic pain, and fibromyalgia but was capable of light work with postural limitations and a limitation on exposure to heights and hazards. (ECF No. 8-4 at 21– 23, 63–66.) On reconsideration, Torra Jones, M.D., a state agency physician, found “[l]imited reach on left occasionally due to [degenerative joint disease], [cervical, lumbar and sacral] pain.” (Id. at 65.) State agency psychologists concluded that Nitzke had moderate limitations in the mental residual functional capacity areas of sustained concentration and persistence, social interaction, and adaptation. (ECF No. 8-4 at 17, 25–28, 59, 67–71.) Their narrative opinions explained that Nitzke would be “capable of frequently completing a routine 40-hour workweek [with] occasional interruptions to pace,” “would have occasional limitations in responding appropriately to supervisor/peer criticism [without] exhibiting behavioral extremes,” and “would be capable of frequently completing routine work tasks that required occasional changes to work setting.” (Id. at 26–27, 69–70.) During the hearing, Nitzke testified to her past work from 2008–2014 as a retail store manager and from 2014–2015 as a customer service associate at a bank. (ECF No. 8-3 at 54–57.) She also testified that she worked as a park ranger for about seven months. (Id. at 57.) Nitzke testified that her chronic pain kept her from working and that she suffers from anxiety and depression. (Id. at 58, 63–64.) In response to a hypothetical posed by the ALJ, a vocational expert testified about the jobs available to an individual capable of light work with frequent reaching with the left arm, postural limitations, environmental limitations and mental limitations to only simple, routine, repetitive tasks that were not performed at a production rate pace and involved only occasional interaction with the public and occasional changes in work tasks or demands. (ECF No. 8-3 at 69–70.) The expert testified those limitations precluded Nitzke’s past relevant work but allowed for the positions of parts inspector (140,000 jobs in the national economy), laboratory-sample carrier (70,000) and package sorter (80,000). (Id. at 70.) At step one of his analysis, the ALJ concluded that Nitzke had not engaged in substantial gainful activity since the alleged onset date. (ECF No. 8-3 at 18.) The ALJ next found at step two that Nitzke had severe impairments of degenerative disc disease of the cervical spine, thoracic outlet syndrome,2 migraines, fibromyalgia, chronic pain syndrome, depressive disorder, and anxiety disorder. (Id.) At step three, the ALJ determined that none of those impairments met or equaled any of the agency’s listings of impairments. (Id. at 19.) The ALJ then found Nitzke had the Residual Functional Capacity (RFC) to perform light work with additional limitations: She can frequently reach overhead to the left (non-dominant arm). For all other reaching, she can reach frequently to the left (non- dominant arm). She can climb ramps and stairs frequently and climb ladders, ropes, or scaffolds occasionally. She can frequently balance, stoop, kneel, crouch, and crawl. She can occasionally work at unprotected heights, in humidity and wetness, in dust, odors, fumes and pulmonary irritants, in extreme cold, in extreme heat, and in vibration. She can work in moderate noise. She is able to perform simple, routine and repetitive tasks, but not at a production rate pace (e.g. assembly line work). She can occasionally interact with the public. She can tolerate occasional changes in tasks or demands.

(Id. at 22.) At step four, the ALJ found Nitzke could not perform her past relevant work. (Id. at 32.) At step five, however, the ALJ found there were a significant number of jobs in the national economy that Nitzke could perform, specifically, the jobs of laboratory sample carrier and package sorter. (Id. at 33–34.) The ALJ therefore determined that Nitzke was not disabled. (Id. at 34.)

2 “Thoracic outlet syndrome [] is a group of conditions in which [there is] pressure on blood vessels or nerves in the area between the neck and shoulder. This space is known as the thoracic outlet. Compression of the blood vessels and nerves can cause shoulder and neck pain. It also can cause numbness in the fingers.

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Tina M. Nitzke v. Frank Bisignano, Commissioner of the Social Security Administration, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tina-m-nitzke-v-frank-bisignano-commissioner-of-the-social-security-wied-2026.