Turek v. Commissioner of Social Security

CourtDistrict Court, M.D. Florida
DecidedSeptember 26, 2025
Docket8:24-cv-01074
StatusUnknown

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

Bluebook
Turek v. Commissioner of Social Security, (M.D. Fla. 2025).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

ASHLEE TUREK,

Plaintiff,

v. Case No. 8:24-cv-01074-AEP

FRANK J. BISIGNANO, Commissioner of Social Security,1

Defendant. /

ORDER

Plaintiff seeks judicial review of the denial of her claim for a period of disability, disability insurance benefits (“DIB”), and Supplemental Security Income (“SSI”). As the Administrative Law Judge’s (“ALJ”) decision was based on substantial evidence and employed proper legal standards, the Commissioner’s decision is affirmed. I. A. Procedural Background

Plaintiff filed an application for a period of disability, DIB, and SSI (Tr. 274– 277). The Social Security Administration (“SSA”) denied Plaintiff’s claims both initially and upon reconsideration (Tr. 99–103, 113–116). Plaintiff then requested

1 Frank J. Bisgnano is now the Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Commissioner Frank J. Bisignano should be substituted as the defendant in this matter. No further action needs to be taken to continue this matter by reason of the last sentence of section 205(g) of the Social Security Act. 42 an administrative hearing (Tr. 123–124). Per Plaintiff’s request, the ALJ held a hearing at which Plaintiff appeared and testified (Tr. 10). Following the hearing, the ALJ issued an unfavorable decision finding Plaintiff not disabled and accordingly

denied Plaintiff’s claims for benefits (Tr. 7–23). Subsequently, Plaintiff requested review from the Appeals Council, which the Appeals Council denied (Tr. 1–6). Plaintiff then timely filed a complaint with this Court (Doc. 1). The case is now ripe for review under 42 U.S.C. §§ 405(g), 1383(c)(3). B. Factual Background and the ALJ’s Decision

Plaintiff, who was born in 1988, claimed disability beginning July 10, 2020 (Tr. 10, 21). Plaintiff completed two years of college (Tr. 57). Plaintiff’s past relevant work experience included work as receptionist and waitress (Tr. 57). Plaintiff alleged disability due to anxiety, depression, post-traumatic stress disorder, a recent

miscarriage, trauma from losing her parents, and endometriosis (Tr. 322). During the hearing, Plaintiff further alleged neck and back impairments and hand tremors (Tr. 60, 62–63, 67). In rendering the administrative decision, the ALJ concluded that Plaintiff met the insured status requirements through December 31, 2024, and had not

engaged in substantial gainful activity since July 10, 2020, the alleged onset date (Tr. 12). After conducting a hearing and reviewing the evidence of record, the ALJ determined Plaintiff had the following severe impairments: disorders of the skeletal spine, depression/bipolar disorder, and anxiety disorder (Tr. 12). Notwithstanding the noted impairments, the ALJ determined Plaintiff did not have an impairment or combination of impairments that met or medically equaled one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 (Tr. 13). The ALJ then concluded that Plaintiff retained a residual functional capacity (“RFC”) to perform

light work as defined in 20 CFR 404.1567(b) except she could lift twenty pounds occasionally and ten pounds occasionally; sit for six hours in an eight-hour workday; and stand and/or walk for six hours in an eight-hour workday (Tr. 15). The ALJ also determined that Plaintiff can climb ramps and stairs occasionally, never climb ladders, ropes, or scaffolds; stoop, kneel, crouch and crawl

occasionally; never work at unprotected heights, never moving mechanical parts; and should avoid concentrated exposure to extreme cold and work in/around vibration (Tr. 15). Plaintiff’s other environmental limitations include avoiding hazards in the workplace (e.g., heights, moving/heavy machinery, etc.) (Tr. 15). The ALJ also determined that Plaintiff is able to perform simple, routine tasks,

make simple work-related decisions, and interact with supervisors frequently, coworkers occasionally, and the public occasionally, but she cannot perform customer service type jobs (Tr. 15). The ALJ did note that Plaintiff is able to tolerate changes in a simple work setting (Tr. 15). In formulating Plaintiff’s RFC, the ALJ considered Plaintiff’s subjective complaints and determined that, although the

evidence established the presence of underlying impairments that reasonably could be expected to produce the symptoms alleged, Plaintiff’s statements as to the intensity, persistence, and limiting effects of her symptoms were not entirely consistent with the medical evidence and other evidence (Tr. 16). Considering Plaintiff’s noted impairments and the assessment of a vocational expert (“VE”), however, the ALJ determined Plaintiff could not perform her past relevant work (Tr. 21). Given Plaintiff’s background and RFC, the VE testified that

Plaintiff could perform other jobs existing in significant numbers in the national economy, such as an office helper or a marker (Tr. 22). Accordingly, based on Plaintiff’s age, education, work experience, RFC, and the testimony of the VE, the ALJ found Plaintiff not disabled (Tr. 23). II.

To be entitled to benefits, a claimant must be disabled, meaning he or she must be 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 twelve months. 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A). A “physical or mental impairment” is an impairment that results from anatomical, physiological, or psychological abnormalities, which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques. 42 U.S.C. §§ 423(d)(3), 1382c(a)(3)(D).

To regularize the adjudicative process, the SSA promulgated the detailed regulations currently in effect. These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. §§ 404.1520, 416.920. If an individual is found disabled at any point in the sequential review, further inquiry is unnecessary. 20 C.F.R. §§ 404.1520(a), 416.920(a). Under this process, the ALJ must determine, in sequence, the following: whether the claimant is currently engaged in substantial gainful activity; whether the claimant has a severe impairment, i.e., one that significantly limits the ability to perform work-related

functions; whether the severe impairment meets or equals the medical criteria of 20 C.F.R. Part 404 Subpart P, Appendix 1; and whether the claimant can perform his or her past relevant work. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). If the claimant cannot perform the tasks required of his or her prior work, step five of the evaluation requires the ALJ to decide if the claimant can do other work in the national

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Turek v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turek-v-commissioner-of-social-security-flmd-2025.