Opinions and documents
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ABEL M. C.,
Plaintiff,
v. Civ. No. 25‐752 GBW
FRANK BISIGNANO,
Commissioner of the Social
Security Administration,
Defendant.
ORDER DENYING REMAND
This matter comes before the Court on Plaintiff’s Memorandum Pursuant to
Supplemental Rule 6 For Social Security Actions Under 42 U.S.C. § 405(g) (“the Motion
to Remand”). Doc. 15. Plaintiff asks the Court to vacate and remand the Social Security
Agency (“SSA”) decision to deny Plaintiff Supplemental Security Income (“SSI”). Id.
For the reasons explained below, the Court DENIES Plaintiff’s motion and AFFIRMS
the judgment of the SSA.
I. PROCEDURAL HISTORY
Plaintiff filed an initial application for SSI on April 14, 2021, alleging disability
beginning October 19, 2020. Administrative Record (“AR”) at 86. Plaintiff’s application
was denied on initial review on November 4, 2022, and again on reconsideration on
September 25, 2023. AR at 124‐27, 135‐37. On August 20, 2024, a hearing was held by
an Administrative Law Judge (“ALJ”). AR at 63-84. The ALJ issued an unfavorable
decision on October 15, 2024. AR at 41. The Appeals Council denied review on June 25,
2025, making the ALJ’s decision the final decision of the Commissioner. AR at 1. On
August 7, 2025, Plaintiff filed suit in this Court. Doc. 1.
II. STANDARD OF REVIEW
Pursuant to 42 U.S.C. § 405(g), a court may review a final decision of the
Commissioner only to determine whether it (1) is supported by “substantial evidence”
and (2) comports with the proper legal standards. Casias v. Sec’y of Health & Hum. Servs.,
933 F.2d 799, 800‐01 (10th Cir. 1991). “In reviewing the ALJ’s decision, [the Court]
neither reweigh[s] the evidence nor substitute[s] [its] judgment for that of the agency.”
Bowman v. Astrue, 511 F.3d 1270, 1272 (10th Cir. 2008) (internal quotation marks
omitted).
“Substantial evidence is more than a mere scintilla. It means such relevant
evidence as a reasonable mind might accept as adequate to support a conclusion.”
Casias, 933 F.3d at 800 (internal quotation marks omitted). “The record must
demonstrate that the ALJ considered all of the evidence, but an ALJ is not required to
discuss every piece of evidence.” Clifton v. Chater, 79 F.3d 1007, 1009‐10 (10th Cir. 1996).
“[I]n addition to discussing the evidence supporting his decision, the ALJ also must
discuss the uncontroverted evidence he chooses not to rely upon, as well as
significantly probative evidence he rejects.” Id. at 1010. “The possibility of drawing
two inconsistent conclusions from the evidence does not prevent [the] findings from
being supported by substantial evidence.” Lax v. Astrue, 489 F.3d 1080, 1084 (10th Cir.
2007).
III. ALJ EVALUATION
A. Legal Standard
For purposes of Supplemental Security Income, an individual is disabled when
he or she 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 twelve months.” 42 U.S.C. § 1382c(a)(3)(A). To determine whether a person
satisfies these criteria, the SSA has developed a five‐step test. See 20 C.F.R. § 416.920. If
the Commissioner finds an individual disabled at any step, the next step is not taken.
Id. § 416.920(a)(4).
At the first four steps of the analysis, the claimant has the burden to show: (1) he
is not engaged in “substantial gainful activity”; (2) he has a “severe medically
determinable . . . impairment . . . or a combination of impairments” that has lasted or is
expected to last for at least one year; and that either (3) his impairments meet or equal
one of the “Listings” of presumptively disabling impairments; or (4) he is unable to
perform his “past relevant work.” Id. § 416.920(a)(4)(i–iv); Grogan v. Barnhart, 399 F.3d
1257, 1261 (10th Cir. 2005).
Step four of this analysis consists of three phases. Winfrey v. Chater, 92 F.3d 1017,
1023 (10th Cir. 1996). First, the ALJ determines the claimant’s residual functional
capacity (“RFC”) in light of “all of the relevant medical and other evidence.” 20 C.F.R.
§ 416.920(e). A claimant’s RFC is “the most [he or she] can still do despite [physical and
mental] limitations.” Id. § 416.945. Second, the ALJ determines the physical and mental
demands of the claimant’s past work. “To make the necessary findings, the ALJ must
obtain adequate ‘factual information about those work demands which have a bearing
on the medically established limitations.’” Winfrey, 92 F.3d at 1024 (quoting Social
Security Ruling (SSR) 82‐62, 1982 WL 31386, at *3 (Jan. 1, 1982)). Third, the ALJ
determines whether, in light of the RFC, the claimant is capable of meeting those
demands. Id. at 1023, 1025.
If the ALJ concludes that the claimant cannot engage in past relevant work, he or
she proceeds to step five of the evaluation process. At step five, the burden of proof
shifts to the Commissioner to show that the claimant is able to perform other work in
the national economy, considering the claimant’s RFC, age, education, and work
experience. Grogan, 399 F.3d at 1261.
B. The ALJ’s Decision
On October 15, 2024, the ALJ issued a decision denying Plaintiff’s application for
SSI benefits. See AR at 26‐41. In denying Plaintiff’s application, the ALJ applied the
five‐step sequential analysis. At step one, the ALJ found that Plaintiff had not engaged
in substantial gainful activity since April 14, 2021, the application date. AR at 28.
At step two, the ALJ found Plaintiff had the following severe impairments:
obesity, a mental impairment variously assessed as generalized anxiety disorder, panic
disorder with agoraphobia, major depressive disorder, and attention deficit
hyperactivity disorder (ADHD). AR at 28. The ALJ found that Plaintiff’s hypertension
and hypokalemia were not severe. AR at 29. She further determined that Plaintiff’s
lower back pain, knee pain, and fibromyalgia were not medically determinable
impairments. AR at 29.
At step three, the ALJ found that Plaintiff’s impairments—both individually and
in combination—did not meet or equal the severity of an impairment in the Listings.
AR at 30‐32. She determined that Plaintiff had moderate limitations in understanding,
remembering, or applying information; interacting with others; concentrating,
persisting, or maintaining pace; and adapting or managing oneself. AR at 30‐31.
However, the ALJ determined that these limitations did not satisfy the Paragraph B
criteria for a finding of disability under Listings 12.00, nor did they satisfy the
Paragraph C criteria because “the evidence did not sufficiently show the claimant had a
minimal capacity to adapt to changes in his environment or demands not already a part
of his daily life.” AR at 31.
At step four, the ALJ found Plaintiff had the RFC
to perform medium work as defined in 20 CFR 416.967(c) except the
claimant can occasionally climb ladders, ropes, scaffolds, ramps, and
stairs. The Claimant can frequently kneel, crouch, crawl, stoop, and
balance, as defined by the Selected Characteristics of Occupations (SCO). The
claimant can understand, remember, and maintain attention and
concentration to carry out simple instructions in two‐hour increments
with normal breaks in the workday. The claimant can have no interaction
with the general public, occasional interaction with coworkers with no
teamwork related tasks, and occasional interaction with supervisors. The
claimant can use judgment to make simple work‐related decisions. Lastly,
the claimant can deal with occasional changes in a routine work setting.
AR at 32. In making this finding, she concluded that Plaintiff’s medically determinable
impairments could reasonably be expected to cause his alleged symptoms. AR at 33.
However, Plaintiff’s statements about the intensity, persistence, and limiting effects of
his symptoms were not entirely consistent with the medical evidence and other
evidence in the record. AR at 33; see also AR at 35 (“[T]he claimant’s statements about
the intensity, persistence, and limiting effects of his symptoms appeared inconsistent
because the claimant’s mental and physical impairments appeared stable.”). She found
the medical opinions of Dr. Manhal Wieland, Dr. Mark A. Werner, Dr. K. P. Morris, and
FNP Susan Giron persuasive. AR at 37‐38. She considered the opinions of Dr. Helene
Malabed and Dr. Em Ward unpersuasive due to their lack of support in the medical
records and their inconsistencies with the opinion of FNP Susan Giron. AR at 38.
Finally, the ALJ considered statements by LMHC Shannon Delarosbil, LMSW Jessica
Benavidez, and Plaintiff’s mother, Maria Smith, however she did not find them
persuasive because they either did not constitute medical opinions or constituted
statements on issues reserved to the Commissioner. AR at 38‐39.
At step five, the ALJ considered Plaintiff’s age, education, lack of work
experience, and RFC and determined that he could perform jobs that exist in significant
numbers in the national economy. AR at 39‐41. Specifically, the ALJ found that
Plaintiff could perform the requirements of three representative occupations: (1)
laundry aide (DOT 323.687‐010), (2) transportation cleaner (DOT 919.687‐014), and (3)
hand packer (DOT 920.587‐018). AR at 40. Accordingly, the ALJ concluded that
Plaintiff was not disabled from April 14, 2021, through the date of the decision. AR at
41.
IV. PARTIES’ POSITIONS
Plaintiff asserts that the ALJ erred by failing to account for Plaintiff’s need for an
emotional support animal (“ESA”). Doc. 15. Specifically, Plaintiff alleges that the ALJ’s
decision was not supported by substantial evidence because where an ESA is shown to
be medically necessary, an ALJ should address it when calculating the RFC. Id. at 9.
Defendant responds that the ALJ’s decision should be affirmed, because (1) there
is no provision of the Social Security Act, agency regulations, or Tenth Circuit case law
that requires an ALJ to address a purported need for an ESA in assessing workplace
functioning and (2) Plaintiff did not establish that an ESA was medically necessary.
Doc. 24.
V. ANALYSIS
A. The ALJ Was Not Required to Evaluate Plaintiff’s Alleged Need for an ESA
When Formulating the RFC
Plaintiff cites no controlling law, and indeed the Court can find none, that
expressly requires an ALJ to discuss a claimant’s alleged need for an ESA in the RFC
assessment. See doc. 15. Instead, he cites case law mainly from outside the Tenth Circuit
to support the assertion that an ALJ must discuss a claimant’s need for an ESA when
there is evidence that the ESA is “medically necessary.” Id. at 9, 12; see also W.D. v.
Dudek, 2025 WL 947533, at *6 (D. Colo. Mar. 28, 2025) (collecting cases).1 In doing so,
Plaintiff likens an ESA to an “assistive device” such as a cane or a walker. Doc. 15 at 9;
1 The Court notes that in W.D. v. Dudek, the parties agreed that an ESA being “medically
necessary” was the proper standard for requiring discussion. 2025 WL 947533, at *6 n.9 (D. Colo. Mar. 28,
2025). That is not the case here. See doc. 24 at 4. Further, the Court in W.D. noted that several other
courts had entertained the notion that an ESA could be considered an accommodation, and the ALJ
would therefore not be permitted to consider it when constructing an RFC. 2025 WL 947533, at *6 n.8; see
also SSR 11‐2p, 2011 WL 4055665, at *9 (“When we determine whether a person can do other work that
exists in significant numbers in the national economy, we do not consider whether he or she could do so
with accommodations, even if an employer would be required to provide reasonable accommodations
under the [ADA].”).
doc. 25 at 2.
In her decision, the ALJ stated that she would “not make findings about a
person’s need for a service animal2 in the workplace, which is an issue governed by the
Americans with Disability [sic] Act (ADA) and addressed by the person and employer
on a case‐by‐case basis in the employment setting.” AR at 36. Plaintiff attacks this
argument by saying that “[u]nder SSR 96‐9P, like a cane or walker…[an] ALJ must
consider the evidence establishing the medical necessity for an ESA.” Doc. 25 at 2.
There seems to be uncertainty amongst the courts regarding whether to use the
“medical necessity” standard when evaluating a service animal or ESA, or to consider it
an “accommodation.” See, e.g., Shue v. O’Malley, 2024 WL 2827936, at *3 (4th Cir. June 4,
2024) (“We note that the medical necessity test, as adopted by the district court below,
appears to be in tension with the requirement that the RFC be ‘based on all the relevant
medical and other evidence found in the record’…Nonetheless, we need not resolve
whether the medical necessity test, is in fact, the appropriate test.”) (citation omitted)
(emphasis in original). If an ESA or service animal were considered an
2 The ALJ seems to have used the terms “emotional support animal” and “service animal”
interchangeably. See AR at 36, 82‐83. Many of the cases cited by Plaintiff to support his arguments
regarding the inclusion of his ESA in his RFC refer to “service animal[s].” See doc. 15 at 12. The Court
notes, however, that Department of Justice (“DOJ”) definitions explicitly differentiate between work
performed by a service animal and work performed by an emotional support animal. See 28 C.F.R. §
36.104 (stating that a “service animal” is “any dog that is individually trained to do work or perform tasks
for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or
other mental disability,” while “the provision of emotional support, well‐being, comfort, or
companionship does not constitute work or tasks”) (emphasis added).
“accommodation,” then the Commissioner would not be permitted to consider them
when calculating a claimant’s RFC. SSR 00‐1c, 2000 WL 38896, at *5 (“[W]hen the SSA
determines whether an individual is disabled…it does not take the possibility of
‘reasonable accommodation’ into account[.]”); SSR 11‐2p, 2011 WL 4055665, at *9
(“When we determine whether a person can do other work that exists in significant
numbers in the national economy, we do not consider whether he or she could do so
with accommodations[.]”). The Court here is more persuaded by the argument that an
ESA should be considered an accommodation rather than an “assistive device,” but that
issue need not be resolved today.
1. The ALJ Properly Evaluated Plaintiff’s RFC Without the ESA
Even if the Court agreed that the “medically necessary” standard should be
applied to Plaintiff’s ESA, a remand is not warranted because the ALJ assessed
Plaintiff’s RFC based on evidence of Plaintiff’s maximum capacity without the aid of his
ESA. See AR at 36 (“[T]he residual functional capacity assessment finding is an
assessment of the claimant’s ability to perform work‐related activities without the
animal present.”). As previously noted, a claimant’s RFC is “what an individual can
still do despite his or her functional limitations and restrictions caused by his or her
medically determinable physical or mental impairments.” SSR 96‐9p, 1996 WL 374185,
at *1. An RFC “does not represent the least an individual can do despite his or her
limitations or restrictions, but the most.” SSR 96‐8p, 1996 WL 374184, at *2 (emphasis in
original); see also 20 C.F.R. § 416.945(a)(1).
The ALJ considered Plaintiff’s use of his ESA and calculated the most that
Plaintiff could do without the presence of his dog. See AR at 36 (“I considered the
claimant’s allegations concerning the need for a support animal[.]”). The ALJ then
included significant social limitations to address his mental limitations. See AR at 32
(“The claimant can have no interaction with the general public, occasional interaction
with coworkers with no teamwork related tasks, and occasional interaction with
supervisors.”). Because the RFC was calculated without the benefit of an ESA, having
the dog at a job would logically bring Plaintiff’s actual capacity above his RFC and
make it easier for him to work because the ESA would support his emotional/mental
health and “enhance his day‐to‐day functionality.” AR at 687.
To be sure, the presence of the ESA may make it harder for Plaintiff to be hired
for a particular job. Indeed, as noted by the Vocational Expert, requiring the presence of
his ESA would likely “preclude competitive employment.” See AR at 82. However,
employability is not a physical or mental limitation considered when constructing an
RFC. See AR at 82 (“[I]f the hypothetical individual would require the assistance of an
emotional support animal at work, how would that affect their employability?”).
Indeed, an individual is disabled only when he cannot engage in any “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),
1382c(a)(3)(B) (emphasis added); see also SSR 11-2p, 2011 WL 4055665, at *9.
Accordingly, the Court finds that the ALJ properly considered the evidence in
the record when crafting the RFC and that that the RFC reasonably accounts for
Plaintiff's limitations. The ALJ appropriately followed all the required legal standards,
and her findings are supported by substantial evidence. The judgment of the SSA
should therefore be affirmed.
VI. CONCLUSION
For the foregoing reasons, the Court DENIES Plaintiff’s Motion to Remand (doc.
15) and AFFIRMS the Commissioner’s decision.
IT 1S SO ORDERED.
GRE B. WORMUTH
CHIEF UNITED STATES MAGISTRATE JUDGE
Presiding by Consent
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