Vedder v. Bisignano

CourtDistrict Court, E.D. Missouri
DecidedAugust 29, 2025
Docket4:24-cv-01248
StatusUnknown

This text of Vedder v. Bisignano (Vedder v. Bisignano) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vedder v. Bisignano, (E.D. Mo. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

JUSTIN V., ) ) Plaintiff, ) ) ) v. ) Case No. 4:24-CV-1248-JSD ) FRANK BISIGNANO, ) Commissioner of Social Security, ) ) ) Defendant. )

MEMORANDUM OPINION

This is an action under 42 U.S.C. § 405(g) for judicial review of the final decision of Defendant Frank Bisignano, Commissioner of Social Security1 (the “Commissioner”) denying the application of Plaintiff Justin V. (“Plaintiff”) for Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq. The parties consented to the jurisdiction of the undersigned magistrate judge pursuant to 28 U.S.C. § 636(c). (ECF No. 6.) For the reasons stated herein, the Court reverses and remands the Commissioner’s decision. I. BACKGROUND In March 2022, Plaintiff applied for DIB, alleging that he had been unable to work since January 10, 2022,2 due to a traumatic brain injury (“TBI”), depression, arthritis, knee pain,

1 Frank Bisignano was confirmed as the new Commissioner of Social Security in May 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Frank Bisignano should be substituted, therefore, for Martin O’Malley 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). 2 The summary of Plaintiff’s application sets forth the alleged onset date as January 10, 2020 (Tr. 172, 175); however, the parties and administrative court consistently reference a January 10, 2022, onset date (Tr. 16, 36, 202; ECF No. 17 at 2). insomnia, vertigo, migraines, and anxiety. (Tr. 175-76, 202, 206.) His application was initially denied (Tr. 83-86), as was his request for reconsideration (Tr. 92-97). In September 2022, Plaintiff requested a hearing by an Administrative Law Judge (“ALJ”). (Tr. 103.) At the September 12, 2023, hearing, Plaintiff’s counsel stated that Plaintiff sustained a TBI

in 2019 after falling from a stepladder. (Tr. 35.) Plaintiff testified as follows: his performance at work in 2021 was “very rough” (Tr. 43); he stopped working in 2022 after he was fired for missing too many days and not getting along with a co-worker (Tr. 38, 43); numerous problems prevented him from working, including knee and back pain, arthritis, headaches, occasional ear issues and dizziness due to headaches, forgetfulness, depression, issues getting along with others, problems staying on task, issues with concentration, and difficulty following directions (Tr. 39-40, 43-45); he took medication to treat mood, depression, blood pressure, cholesterol, fluid retention, sinuses, allergies, and migraines (Tr. 40-41, 280); and he experienced five to six headaches a month that typically resolved after about five hours with medication (Tr. 42-43). The ALJ issued an unfavorable decision on November 20, 2023. (Tr. 11-30.) Plaintiff

timely filed a Request for Review of Hearing Decision with the Social Security Administration’s Appeals Council (Tr. 170-71), which was denied on October 26, 2023 (Tr. 1-6). Plaintiff has exhausted all administrative remedies, and the decision of the ALJ stands as the final decision of the Commissioner. The Court accepts the facts as set forth in the parties’ respective statements of fact and responses. II. STANDARD FOR DETERMINING DISABILITY UNDER THE ACT To be eligible for benefits under the Social Security Act, a claimant must prove he is disabled. Pearsall v. Massanari, 274 F.3d 1211, 1217 (8th Cir. 2001); Baker v. Sec’y of Health & Hum. Servs., 955 F.2d 552, 555 (8th Cir. 1992). Under the Act, a person is disabled if he is 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 12 months.” 42 U.S.C. § 423(d)(1)(A). Accord Hurd v. Astrue, 621 F.3d 734, 738 (8th Cir. 2010). The impairment must be “of such severity that he [or

she] is not only unable to do his [or her] previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work.” 42 U.S.C. § 423(d)(2)(A). To determine whether a claimant is disabled, the Commissioner engages in a five-step evaluation process. 20 C.F.R. § 404.1520(a); McCoy v. Astrue, 648 F.3d 605, 611 (8th Cir. 2011) (discussing the five-step process). At Step One, the Commissioner determines whether the claimant is currently engaging in “substantial gainful activity”; if so, then the claimant is not disabled. 20 C.F.R. § 404.1520(a)(4)(i); McCoy, 648 F.3d at 611. At Step Two, the Commissioner

determines whether the claimant has “a severe medically determinable physical or mental impairment that meets the [twelve-month duration requirement in § 404.1509], or a combination of impairments that is severe and meets the duration requirement”; if the claimant does not have a severe impairment, the claimant is not disabled. 20 C.F.R. § 404.1520(a)(4)(ii); McCoy, 648 F.3d at 611. To be severe, an impairment must “significantly limit[] [the claimant’s] physical or mental ability to do basic work activities.” 20 C.F.R. § 404.1520(c). At Step Three, the Commissioner evaluates whether the claimant’s impairment meets or equals one of the impairments listed in 20 C.F.R. Part 404, Subpart P, Appendix 1 (the “listings”). 20 C.F.R. § 404.1520(a)(4)(iii); McCoy, 648 F.3d at 611. If the claimant has such an impairment, the Commissioner will find the claimant disabled; if not, the Commissioner proceeds with the rest of the five-step process. 20 C.F.R. § 404.1520(d); McCoy, 648 F.3d at 611. Prior to Step Four, the Commissioner assesses the claimant’s residual functional capacity (“RFC”), 20 C.F.R. § 404

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Bluebook (online)
Vedder v. Bisignano, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vedder-v-bisignano-moed-2025.