Opinions and documents
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Jeffrey T., No. 25-cv-2996 (DLM)
Plaintiff,
ORDER
v.
Frank Bisignano,
Commissioner of the Social Security
Administration,
Defendant.
Pursuant to 42 U.S.C. § 405(g), Plaintiff Jeffrey T. seeks judicial review of the final
decision of the Commissioner of Social Security (“Commissioner”) denying his application
for benefits. This matter is before the Court on Plaintiff’s request that the Commissioner’s
decision be vacated and the matter remanded for further administrative proceedings.
Plaintiff filed his brief in support of remand on October 29, 2025. (Doc. 10.) The
Commissioner filed his response brief in opposition on January 6, 2026. (Doc. 13.) Plaintiff
filed his reply brief on January 20, 2026. (Doc. 14.) This matter is now ripe for the Court’s
decision. For the reasons stated below, the Court denies Plaintiff’s request for remand.
BACKGROUND
On July 21, 2022, Plaintiff applied for Supplemental Security Income (“SSI”),
alleging disability beginning on August 2, 2021. (Tr.1 at 196-98, 199-204.) The Social
Security Administration (“SSA”) denied Plaintiff’s claim initially (Tr. at 124-27, 128-32)
and upon Plaintiff’s request for reconsideration (Tr. at 120-23). Plaintiff then timely
requested a hearing before an Administrative Law Judge (“ALJ”) (Tr. at 140), and the ALJ
held a hearing on the matter on June 7, 2024 (Tr. at 33-63). Plaintiff was represented by
counsel, appeared at the hearing, and testified on his own behalf. (Tr. at 33, 49-57.) A
vocational expert also testified, opining that there were a significant number of jobs in the
national economy across three representative occupations listed in the Dictionary of
Occupational Titles (“DOT”), each of which a person with similar limitations to Plaintiff
could perform: hand packager (DOT No. 920.587-018); machine feeder (DOT No.
699.686-010; and warehouse worker (DOT No. 922.687-058)). (Tr. at 58.)
On July 5, 2024, the Commissioner sent Plaintiff notice of unfavorable decision.
(Tr. at 12-14 (Notice), 15-27 (Decision).) The ALJ recognized that Plaintiff suffered
several severe impairments, including chronic obstructive pulmonary disease (“COPD”),
attention deficit-hyperactivity disorder (“ADHD”), depression, post traumatic stress
disorder (“PTSD”), and antisocial personality disorder. (Tr. at 17.) The ALJ also
considered Plaintiff’s other ailments including hypertension, ventral hernia, gastritis,
1 The Commissioner filed the consecutively paginated transcript of the administrative
record on September 22, 2025. (Doc. 8.) For ease of reference, citations to the transcript
will identify the page number listed on the lower right corner of the cited document.
coronary artery disease, and substance abuse disorder, but ultimately determined these
impairments were not severe. (Tr. at 17-18.)
The ALJ also considered how the severity of Plaintiff’s mental impairments affected
him across four broad functional areas.2 (Tr. 18-19.) The ALJ found that Plaintiff was
moderately impaired in his ability to understand, remember, or apply information; in his
ability to interact with others; and in his ability to concentrate, persist, or maintain pace.
(Tr. at 19.) The ALJ further found that Plaintiff had a mild limitation in his ability to adapt
or manage himself. (Tr. at 19.) The ALJ reached these conclusions after considering both
Plaintiff’s testimony regarding his impairments (Tr. 19; see also Tr. at 270-77), as well as
the opinion of consultative examiner Donald Wiger, Ph.D., a licensed psychologist (Tr. at
19; see also Tr. at 1388-91 (Dr. Wiger’s consultative examination report)).
The ALJ ultimately determined that Plaintiff retained the residual functional
capacity (“RFC”)3 to perform medium work,4 so long as there was no concentrated
exposure to humidity or to dust, odors, fumes and pulmonary irritants; no concentrated
exposure to extreme cold or extreme heat; simple, routine and repetitive tasks but not at a
2 In evaluating the limitations a claimant’s mental impairments impose, an ALJ is directed
to consider: (1) the claimant’s ability to understand, remember, or apply information; (2)
the claimant’s ability to interact with others; (3) the claimant’s ability to concentrate,
persist, or maintain pace; and (4) the claimant’s ability to adapt or manage oneself. 20
C.F.R. § 416.920a(c)(3). The ALJ must rate the degree of a claimant’s impairment in each
functional area based on a five-point scale: none, mild, moderate, marked, and extreme. 20
C.F.R. § 416.920a(c)(4).
3 “RFC is defined as the most a claimant can still do despite his or her physical or mental
limitations.” Martise v. Astrue, 641 F.3d 909, 923 (8th Cir. 2011) (quoting Leckenby v.
Astrue, 487 F.3d 626, 631 n.5 (8th Cir. 2007)) (cleaned up).
4 By regulation, medium work “involves lifting no more than 50 pounds at a time with
frequent lifting or carrying of objects weighing up to 25 pounds.” 20 C.F.R. § 416. 967(c).
fast production rate pace, such as that found in assembly-line work; and no more than
occasional interaction with the public. (Tr. at 20.) With the RFC as formulated, the ALJ
determined Plaintiff could perform the three representative occupations identified by the
vocational expert, and accordingly found Plaintiff not disabled. (Tr. at 26-27.) The Appeals
Council denied Plaintiff’s request for review on June 6, 2025. (Tr. at 1-3.) The ALJ’s
decision is thus the final decision of the Commissioner.
Plaintiff does not contest that the ALJ followed the five-step sequential process laid
out in 20 C.F.R. § 416.920(a)(4)5 for evaluating SSI claims. Rather, he alleges legal error
based on the ALJ’s formulation of the RFC, claiming: (1) the ALJ formulated a mental-
limitation RFC that was not based on any medical opinion but instead “played doctor” by
using his own interpretation of Plaintiff’s medical record; and (2) the ALJ failed to fulfill
his duty to develop the record. The Court addresses these issues below.
ANALYSIS
This Court reviews the ALJ’s denial-of-benefits decision to determine whether it is
supported by substantial evidence in the record as a whole, and whether the decision was
infected by legal error. 42 U.S.C. § 405(g); Austin v. Kijakazi, 52 F.4th 723, 728 (8th Cir.
5 Step one of this process involves determining whether a claimant is engaged in substantial
gainful activity. If not, the ALJ must decide next (in step two) whether the claimant’s
impairments are severe, and of a duration of least 12 continuous months. At step three, the
ALJ determines whether the claimant’s impairments are severe enough to equal a listed
impairment under appendix 1 to subpart P of part 404. If so, the claimant is considered
disabled without further inquiry. If not, the ALJ must determine the claimant’s RFC, and
determine (at step four) whether the claimant can still do their past work given their
limitations. Finally, if the ALJ concludes that a claimant cannot perform their prior work,
step five requires the ALJ to determine whether they can do other work considering their
RFC, age, education, and work experience. 20 C.F.R. § 416.920(a)(4)(i-v).
2022). Substantial evidence means “such relevant evidence as a reasonable mind might
accept as adequate to support a conclusion.” Biestek v. Berryhill, 139 S. Ct. 1138, 1154
(2019) (cleaned up) (further citation omitted); see also Nash v. Comm’r, Soc. Sec. Admin,
907 F.3d 1086, 1090 (8th Cir. 2018) (characterizing “substantial evidence” as “less than a
preponderance, but enough that a reasonable mind would find it adequate to support the
Commissioner’s conclusions”). Courts reviewing ALJ decisions must look to the entire
administrative record to determine whether it contains sufficient evidence to support the
ALJ’s conclusion. Biestek, 139 S. Ct. at 1154; Grindley v. Kijakazi, 9 4th 622, 627 (8th
Cir. 2021). When substantial evidence supports the ALJ’s decision, the Court will not
reverse, even if substantial evidence also supports a contrary outcome. Nash, 907 F.3d at
1089.
I. SUBSTANTIAL EVIDENCE SUPPORTS THE ALJ’S DECISION.
Plaintiff claims the ALJ formulated an RFC untethered from any medical opinion
and based on what Plaintiff asserts is an incomplete record. Specifically, Plaintiff alleges
fault with the ALJ’s finding that four of five medical opinions about Plaintiff’s mental
impairments were “not persuasive.”6 (Tr. at 24-25.) He takes issue with the fact that the
single medical opinion the ALJ found persuasive, that of Marci Mylan, Ph.D., a licensed
psychologist, opined that while Plaintiff had severe mental impairments there was
6 Plaintiff does not directly challenge the sufficiency of the ALJ’s medical opinion analysis,
but in a footnote, selectively quotes the ALJ’s decision, attempting to cast doubt on the
ALJ’s supportability and consistency analysis. (Doc. 10 at 15 n.2.) But the Court’s review
of the ALJ’s decision reveals no error; the ALJ’s medical opinion analysis is consistent
with regulation. See 20 C.F.R. § 416.920c(c)(1), (2).
insufficient evidence to evaluate any functional limitations. (Tr. at 24; see also Tr. at 97-
98 (“Forms have not been returned. . . . Insufficient [e]vidence to assess mental
functioning.”).) As a result, says Plaintiff, the ALJ must have used their own interpretation
of Plaintiff’s medical records. In Plaintiff’s view, however, the ALJ should have further
developed the record to obtain an additional medical information about Plaintiff’s mental
functioning.
Plaintiff’s contention stands at odds with both controlling precedent and SSA
regulation. In Bonham v. Bisignano, 177 F.4th 934, 942 (8th Cir. 2026), the Eighth Circuit
clarified that it does “not suggest that an ALJ must in all instances obtain from medical
professionals a functional description that wholly connects the dots between the severity
of [a claimant’s impairments] and the precise limits on a claimant’s functionality.
Something, however, is needed.” Id. (quoting Noerper v. Saul, 964 F.3d 738 (8th Cir.
2020)). Section 416.945(a)(3) and case law “make clear that the ‘something’ may be based
on reliable objective medical data such as clinical examinations and diagnostic imaging
and need not include a medical professional’s opinion regarding the claimant’s
functionality.” Id.; 20 C.F.R. § 416.945(a)(3) (“We will assess your residual functional
capacity based on all of the relevant medical and other evidence. . . . We will consider any
statements about what you can still do that have been provided by medical sources, whether
or not they are based on formal medical examinations.”). “Because a claimant’s RFC is a
medical question, an ALJ’s assessment of it must be supported by some medical evidence
of the claimant’s ability to function in the workplace. However, there is no requirement
that an RFC finding be supported by a specific medical opinion.” Bonham, 177 F.4th at
941 (Hensley v. Colvin, 829 F.3d 926, 932 (8th Cir. 2016)). Accordingly, the Court
concludes that the ALJ was not required, as Plaintiff suggests, to rely on any specific
medical opinion to construct Plaintiff’s RFC, and was permitted to assess Plaintiff’s RFC
based on all the relevant medical evidence and other evidence in the record.
Moreover, the Court is unpersuaded that the record required further development
regarding Plaintiff’s RFC. Plaintiff’s contention that the ALJ failed to fairly and fully
develop the record is ultimately a challenge to whether substantial evidence supports the
ALJ’s decision. See Bonham, 177 F.4th at 940, 942. While an ALJ does not possess
“unfettered discretion to determine a claimant's RFC,” the ALJ also “has no duty to seek
clarification of medical opinions if the record contains other detailed clinical evidence of
the claimant’s limitation” unless a “crucial issue is undeveloped[.]” Id. at 940-41 (cleaned
up); see also Cox v. Astrue, 495 F.3d 614, 618 (8th Cir. 2007); Stormo v. Barnhart, 377
F.3d 801, 806 (8th Cir. 2004). While Plaintiff may disagree with the ALJ’s findings, the
Court will not reverse if substantial evidence exists in the record to support the ALJ’s RFC
findings. See Austin, 52 F.4th at 730. Even if substantial evidence exists to support a
“contrary outcome,” so long as the ALJ’s decision falls within the “available zone of
choice” the Court will not disturb the result. Id. at 728.
Here, the ALJ found “after careful consideration of the evidence” that Plaintiff’s
“medically determinable impairments could reasonably be expected to cause the alleged
symptoms” but Plaintiff’s “statements concerning the intensity, persistence and limiting
effects of these symptoms are not entirely consistent with the medical evidence and other
evidence in the record.” (Tr. at 21.) To assess Plaintiff’s mental impairments the ALJ
reviewed Plaintiff’s medical examination records reflecting Plaintiff’s condition and
treatment for “ADHD, depression, PTSD, and antisocial personality disorder” from 2022
to 2024. (Tr. at 22-23.) The ALJ found, based on his review of Plaintiff’s treatment records,
that Plaintiff “has been treated for ADHD, depression, PTSD, and antisocial personality
disorder” and “endorsed chronic anxiety and depression,” but the ALJ concluded that
“mental status examinations have not shown marked issues as he’s adhered to his treatment
program.” (Tr. at 22.)
The ALJ noted that July, August, and September 2022 mental status examinations
showed that Plaintiff had “active, near constant moving, fidgetiness behavior” but that “all
of the other findings were normal”; Plaintiff “was able to remain focused during the
interview with minimal distractibility or need for redirection. His control of impulsivity
and short-term memory were good. His long-term memory, abstract ability, and insight
were also intact[.]” (Tr. at 22; see also Tr. at 448, 466, 474.) The ALJ also reviewed
psychiatric exam notes from November 2022, which stated that Plaintiff “reported that his
depression and anxiety symptoms were well controlled but [he was] still having problem
with his attention span.” (Tr. 22; see also Tr. at 670.) But the examination also showed
“normal findings: awake, alert, and oriented times three; cooperative and polite; intact
speech; normal mood and affect; normal gait; and no focal deficit.” (Tr. at 22; see also Tr.
at 672.) The ALJ further noted that March, April, July, September, and December 2023
mental status examinations all showed “normal findings.” (Tr. at 22-23; see also Tr. at 702,
688, 891, 922, 1382-83.) Additionally, the ALJ noted that an April 2024 mental status
examination also showed “normal findings,”; “average, intact fund of knowledge; able to
remain focused during the interview with minimal distractibility or need for redirection;
and intact short and long term memory”; and Plaintiff’s “ADHD and PTSD were noted as
stable” and his “antisocial personality disorder” “was noted as stable.” (Tr. at 23; see also
Tr. at 1499, 1503-05.) The ALJ ultimately determined that Plaintiff’s “residual functional
capacity is supported by substantial evidence of record, and it sufficiently addresses the
work-related limitations caused by the claimant’s severe physical and mental
impairments.” (Tr. at 25.) The ALJ “further limited” Plaintiff’s RFC “in light of [his]
symptoms from his mental impairments . . . to simple, routine, and repetitive tasks but not
at a fast production rate pace, such as that found in assembly-line work, and to no more
than occasional interactions with the public.” (Tr. at 25.)
The Court concludes that the objective medical evidence on which the ALJ relied
supported the ALJ’s RFC determination. Here, as in Bonham, the ALJ thoroughly reviewed
mental status examination notes from the relevant period and determined that Plaintiff was
not disabled. 177 F.4th at 945. The ALJ did not simply rely on his own inferences but rather
constructed an RFC based on the objective medical evidence and accounted for Plaintiff’s
documented mental impairments. That the ALJ gave more weight to relevant objective
evidence in Plaintiff’s medical records than to medical opinions that either established no
severe limitation or were outside the relevant time period (Tr. at 24-25; see also Tr. at 108,
364, 980-81, 1391) does not create a crucial issue in need of further development. See
Bonham, 177 F.4th at 945 For the reasons explained above, the Court finds that the ALJ’s
decision was based on substantial evidence in the record and therefore declines to reweigh
the evidence now.
ORDER
Based on the above findings, as well as the files, records, and proceedings above,
IT IS ORDERED:
1. Plaintiff’s request for remand (Doc. 10) is DENIED; and
2. The Commissioner’s request for affirmance (Doc. 13) is GRANTED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
DATED: September 28, 2026 s/Douglas L. Micko
DOUGLAS L. MICKO
United States Magistrate Judge
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