Weinberg v. O'Malley

District Court, D. Maryland·Decided September 16, 2025·No. 1:24-cv-03517·Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND CHAMBERS OF 101 WEST LOMBARD STREET J.Mark Coulson BALTIMORE, MARYLAND 21201 UNITED STATES MAGISTRATE JUDGE P:(410) 962-4953 — F:(410) 962-2985 September 16, 2025 LETTER MEMORANDUM OPINION AND ORDER TO ALL COUNSEL OF RECORD RE: Jonathan Weinberg v. Frank Bisignano, Social Security Administration1 Civil No. 1:24-cv-3517-JMC Dear Counsel: Jonathan Weinberg (“Plaintiff”) petitioned this Court on December 5, 2024, to review the Social Security Administration’s (“SSA” or “Defendant”) final decision denying his claims for disability insurance benefits (“DIB”) and supplemental security income (“SSI”). (ECF No. 1). The Court has considered the record in this case as well as the parties’ dispositive filings. (ECF Nos. 12, 14, 15). No hearing is necessary. See Loc. R. 105.6 (D. Md. 2023). The Court must uphold an agency decision if the decision is supported by substantial evidence and was reached through application of the proper legal standard. See 42 U.S.C. §§ 405(g), 1383(c)(3); Mastro v. Apfel, 270 F.3d 171, 176 (4th Cir. 2001); Craig v. Chater, 76 F.3d 585, 589 (4th Cir. 1996). Under that standard, I will affirm ALJ’s and Appeals Council’s determinations for the reasons explained below. I. Procedural Background Plaintiff filed his Title II application for DIB and Title XVI application for SSI on August 1, 2019, alleging disability as of December 30, 2014. (Tr. 27, 243-245, 266).2 Plaintiff’s claim was denied initially on November 2, 2021, and again upon reconsideration on September 2, 2022. Id. at 27. Plaintiff then requested a hearing before an Administrative Law Judge (“ALJ”) on October 31, 2023. Id. ALJ William R. Stanley conducted a telephone hearing on August 8, 2023. Id. ALJ Stanley subsequently determined that Plaintiff was not disabled within the meaning of the Social Security Act during the relevant time frame. Id. at 24-46. The Appeals Council affirmed 1 Plaintiff filed this case against Martin O’Malley, the Acting Commissioner of Social Security, on December 5, 2024. (ECF No. 1). As Frank Bisignano became the Commissioner of Social Security on May 6, 2025, he has been substituted as this case’s Defendant. See Fed. R. Civ. P. 25(d). 2 When the Court cites to “Tr.,” it is citing to the official transcript (ECF No. 8) filed in this case. When citing to specific page numbers within the official transcript, the Court is referring to the page numbers provided in the lower right corner of the official transcript pages. ALJ Stanley’s decision on October 30, 2024. Id. at 1-7.

II. The ALJ’s Decision

In arriving at the decision to deny Plaintiff’s claims, the ALJ (and subsequently the Appeals Council) followed the five-step sequential evaluation of disability set forth in the Secretary’s regulations. 20 C.F.R. § 416.920. “To summarize, the ALJ asks at step one whether the claimant has been working; at step two, whether the claimant’s medical impairments meet the regulations’ severity and duration requirements; at step three, whether the medical impairments meet or equal an impairment listed in the regulations; at step four, whether the claimant can perform her past work given the limitations caused by her medical impairments; and at step five, whether the claimant can perform other work.” Mascio v. Colvin, 780 F.3d 632, 634–35 (4th Cir. 2015). If the first three steps do not yield a conclusive determination, the ALJ must then assess the claimant’s RFC, “which is ‘the most’ the claimant ‘can still do despite’ physical and mental limitations that affect her ability to work[,]” by considering all of the claimant’s medically determinable impairments regardless of severity. Id. at 635 (quoting 20 C.F.R. § 416.945(a)(1)). The claimant bears the burden of proof through the first four steps of the sequential evaluation. If the claimant makes the requisite showing, the burden shifts to the SSA at step five to prove “that the claimant can perform other work that exists in significant numbers in the national economy, considering the claimant’s residual functional capacity, age, education, and work experience.” Lewis v. Berryhill, 858 F.3d 858, 862 (4th Cir. 2017) (internal citations omitted).

At step one in this case, the ALJ and Appeals Council found that Plaintiff had not engaged in substantial gainful activity since the alleged onset date of disability December 30, 2014. (Tr. 1, 29). At step two, the ALJ and Appeals Council determined that Plaintiff suffered from the following severe impairments: “fibromyalgia, chronic fatigue syndrome, depressive disorder, anxiety disorder, degenerative disc disease of the cervical and lumbar spine, impingement of the left ankle, migraine, mitral valve prolapse, fibromuscular disease, hypertension, neuropathy, tremor, and psychogenic non-epileptic seizures.” Id. at 1, 30.

At step three, the ALJ and Appeals Council determined that Plaintiff’s impairments or combination of impairments do not meet or equal one of the listed impairments in the regulations. Id.; 20 CFR §§ 404(p), Appendix I (20 CFR §§ 404.1520(d), 404.1525, 404.1526, 416.925, 416.926). In assessing Plaintiff’s obesity, the ALJ opined:

The undersigned has considered listings 1.14 and 1.18. The claimant reports using a wheelchair and a cane (Exhibit 3E/12). However, he admits that the wheelchair was not prescribed (Exhibit 3E/12). Furthermore, while he reports that the cane was prescribed, his medical records do not contain such a prescription. The claimant also often demonstrates a normal gait (Exhibit 6F/6, 9F/16, 19F/10, 44F/232). Accordingly, these devices are not found to be medically necessary. The claimant can also drive a car, use a computer, and shop in stores, indicating that he can perform fine and gross motor movements with the upper extremities (Exhibit 3E/5). Therefore, the claimant does not meet these listings.

The undersigned has also considered listing 11.14 with respect to the claimant’s neuropathy. However, the record does not indicate that the claimant experiences disorganization of motor function (Exhibit 19F/10). Also, as discussed above, the claimant does not have a marked limitation in any of the four areas of mental functioning. Accordingly, the claimant does not meet listing 11.14.

(Tr. 30). Finding that Plaintiff had not proved that one or more of the above-mentioned severe impairments met or equaled one of the listed impairments in the SSA regulations, the ALJ determined Plaintiff’s RFC as follows:

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