Opinions and documents
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
CIVIL ACTION NO. 3:25-CV-00618-RSE
YAZAN A. PLAINTIFF
VS.
FRANK BISIGNANO,
Commissioner of Social Security DEFENDANT
MEMORANDUM OPINION
AND ORDER
The Commissioner of Social Security denied Claimant Yazan A.’s application for
supplemental security income benefits. Claimant seeks judicial review of the Commissioner’s
decision pursuant to 42 U.S.C. § 405(g), filing a fact and law summary and brief. (DN 17; DN 18).
The Commissioner responded in a fact and law summary, (DN 19), and Claimant replied (DN 20).
The parties have consented, under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, to the
undersigned United States Magistrate Judge conducting all further proceedings in this case,
including issuance of a memorandum opinion and entry of judgment, with direct review by the
Sixth Circuit Court of Appeals in the event an appeal is filed. (DN 21; DN 22).
I. Findings of Fact
Claimant Yazan A. (“Claimant”) applied for supplemental security income under Title XVI
of the Social Security Act in May 2023, with an alleged disability onset date of May 25, 2023.
(Transcript, hereinafter, “Tr.” 511-22). His application was denied by the State agency Disability
Determination Service at both the initial and reconsideration levels. (Tr. 383, Tr. 388).
At Claimant’s request, Administrative Law Judge Steven Collins (“ALJ Collins”)
conducted an in-person hearing on June 26, 2024, at which both Claimant and a vocational expert
(“VE”) testified. (Tr. 43-61). A translator was also present and participating in the hearing. (Id.).
Claimant’s attorney representative began the hearing with an opening statement. (Tr. 50).
She stated that Claimant’s disability is related to his vision, as he has lost one eye and experiences
blurry vision in the other. (Id.). She added that Claimant has pressure issues that impair his acuity
“across the board[.]” (Id.). The ALJ then began questioning Claimant, who testified as follows. He
lives with his spouse and their three children under the age of eighteen. (Tr. 50-51). He has a high
school education and but did not complete university, where he was studying law. (Id.). He can
read and understand English “a little bit” and has difficulty writing in English. (Id.). He has not
worked for monetary compensation in the last five years. (Id.).
Claimant next testified about his impairments related to his vision and the loss of his left
eye. He experiences pressure and pain around his left eye, usually three times a day. (Tr. 51-52).
It is affected by the weather, typically the sun or extreme cold, or how tired he is. (Id.). To alleviate
the pain and pressure, he takes pain medication, sleeps or rests, lifts his head up, and avoids
“having a lot of noise around” him. (Tr. 53-54). As for his right eye, he uses prescribed glasses
and gets blurry vision but can drive, watch TV, and use his phone. (Id.). He takes the glasses off
at home, as he finds they cause dizziness and vision issues after a time. (Id.). He has been wearing
the same prescription for a long time. (Id.). He can wash and dress himself as well as help around
the house, but experiences dizziness and blurry vision if he is “in the restroom with a lot of hot
water” or carrying things approximately twenty-five pounds or greater. (Tr. 54-56).
On October 21, 2024, ALJ Collins issued a decision finding that Claimant was not disabled.
(Tr. 27-37). In applying the five-step sequential analysis from 20 C.F.R. § 404.1520(a), ALJ
Collins found as follows. First, Claimant has not engaged in substantial gainful activity since May
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25, 2023, the application date. (Tr. 32). Second, Claimant has the following severe impairment:
neuroblastoma of the left eye status/post left eye removal. (Id.). Third, none of Claimant’s
impairments or combination of impairments meets or medically equals the severity of a listed
impairment from 20 C.F.R. Part 404, Subpart P, Appendix 1. (Id.). Fourth, ALJ Collins found
Claimant has the residual functional capacity (“RFC”) to perform light work with the following
limitations:
he should never climb ladders, ropes, or scaffolds. He should avoid all exposure to
dangerous machinery and unprotected heights. He should not perform work that
requires precise depth perception (such as threading a needle), peripheral vision on
the left side, or fine near vision (such as threading a needle). He should not have
exposure to unusually bright or strobe-type lighting (such as spotlights), and the
work environment should be rated at the moderate noise level or less as defined by
the Selected Characteristics of Occupation Titles.
(Tr. 33). Finally, at step five of his analysis, ALJ Collins determined that Claimant has no past
relevant work and can perform other work including cleaner, laundry worker, and cashier II, each
of which have or exceed 20,000 jobs available in the national economy. (DN 35-36).
Claimant appealed ALJ Collins’ decision, and the Appeals Council declined review. (Tr.
10-12). At that point, ALJ Collins’ decision became the final decision of the Commissioner, and
Claimant sought judicial review from this Court pursuant to 42 U.S.C. § 405(g). (DN 1).
II. Standard of Review
Administrative Law Judges make determinations as to social security disability by
undertaking the five-step sequential evaluation process mandated by the regulations. Vance v.
Comm’r of Soc. Sec., 260 F. App’x 801, 803-4 (6th Cir. 2008) (citing Abbott v. Sullivan, 905 F.2d
918, 923 (6th Cir. 1990)); 20 C.F.R. §§ 404.1520(b), 416.920(b). Throughout this process, the
claimant bears the overall burden of establishing they are disabled; however, the Commissioner
bears the burden of establishing the claimant can perform other work existing in significant
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numbers in the national economy. Id. at 804 (quoting Wilson v. Comm’r of Soc. Sec., 378 F.3d
541, 548 (6th Cir. 2004)).
When reviewing the Administrative Law Judge’s decision to deny disability benefits, the
Court may “not try the case de novo, nor resolve conflicts in the evidence, nor decide questions of
credibility.” Cutlip v. Sec’y of Health & Human Servs., 25 F.3d 284, 286 (6th Cir. 1994) (citations
omitted). Instead, the Court’s review of the Administrative Law Judge’s decision is limited to an
inquiry as to whether the Administrative Law Judge’s findings were supported by substantial
evidence, 42 U.S.C. § 495(g); Foster v. Halter, 279 F.3d 348, 353 (6th Cir. 2001) (citations
omitted), and whether the Administrative Law Judge employed the proper legal standards in
reaching her conclusion. See Landsaw v. Sec’y of Health & Human Servs., 803 F.2d 211, 213 (6th
Cir. 1986). Substantial evidence exists “when a reasonable mind could support a decision as
adequate to support the challenged conclusion, even if that evidence could support a decision the
other way.” Cotton v. Sullivan, 2 F.3d 692, 695 (6th Cir. 1993). The Supreme Court has clarified
“whatever the meaning of ‘substantial’ in other contexts, the threshold for such evidentiary
sufficiency is not high[.]” Biestek v. Berryhill, 139 S. Ct. 1148, 1154 (2019) (citations omitted).
When the Court reviews the Administrative Law Judge’s application of legal standards, the
decision is reviewed for harmless error. Rabbers v. Comm’r of Soc. Sec., 582 F.3d 647, 654 (6th
Cir. 2009). Accordingly, when an Administrative Law Judge fails to adhere to the appropriate rules
and regulations, remand is warranted if “the claimant has been prejudiced on the merits or deprived
of substantial rights because of the agency’s procedural lapses.” Id. (quoting Connor v. United
States Civil Serv. Comm’n, 721 F.2d 1054, 1056 (6th Cir. 1983)).
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III. Conclusions of Law
Claimant contends that the RFC is unsupported by substantial evidence and that ALJ
Collins’ RFC assessment does not comport with the applicable regulations. (DN 18, at PageID #
896). First, Claimant submits that ALJ Collins erroneously rejected all the medical opinions of
record and “substituted his own lay opinion for that of a qualified medical professional” in crafting
the RFC and accounting for Claimant’s neuroblastoma. (Id. at PageID # 897-98). In doing so,
Claimant explains, ALJ Collins failed to explain “what specific medical evidence [the] functioning
terms in the RFC determination were based on.” (Id. at PageID # 899). Finally, Claimant avers
that ALJ Collins failed to develop a complete record and should have re-contacted his treating
physicians and ordered a consultative exam. (Id. at PageID # 901-02).
In response, the Commissioner contends that ALJ Collins properly evaluated Claimant’s
impairments and the medical evidence of record in crafting the RFC. (DN 19, at PageID # 905).
First, the Commissioner contends that ALJ Collins was not required to rely on a medical opinion
to formulate Claimant’s functional limitations in the RFC. (Id. at PageID # 906-07 (collecting
cases)). Next, the Commissioner submits that ALJ Collins’ decision demonstrates that he
“conducted a fulsome review” of all the evidence of record and explained what evidence supported
the RFC. (Id. at PageID # 909-10). Further, to the extent Claimant contends ALJ Collins was
impermissibly playing doctor, the Commissioner submits that ALJ Collins was actually
considering the medical data as interpreted by the reading radiologist and it was within her
authority to do so. (Id. at PageID # 910). As for Claimant’s contention regarding ALJ Collins’ duty
to develop a complete record, the Commissioner contends that ALJ Collins’ decisions to re-contact
a treating source and/or to order a consultative examination are discretionary and no error results
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from his failure to do so. (Id. at PageID # 911-12). In full, the Commissioner argues that Claimant’s
alleged errors amount to “a backdoor attempt” to ask the Court to impermissibly reweigh the
evidence and that ALJ Collins’ decision should be affirmed. (Id. at PageID # 910-11).
On reply, Claimant distinguishes his case from those upon which the Commissioner relies
because here, Claimant contends, ALJ Collins formulated a “detailed, highly specific RFC”
accounting for vision related functional limitations “without articulating what evidence in the
record supports each particular limitation.” (DN 20, at PageID # 914-15). Moreover, Claimant
contends that the Commissioner overlooks Claimant’s argument that ALJ Collins’ decision fails
to build an accurate and logical bridge to support the inclusion of the specific vision-related
restrictions incorporated into the RFC. (Id. at PageID # 915). Claimant adds that ALJ Collins’ RFC
assessment is insufficient and fails to demonstrate a “fulsome review” because he was obligated
“to explain what specific evidence supports each RFC limitation.” (Id. at PageID # 915-16).
Accordingly, Claimant submits that remand is warranted. (Id.).
A claimant's RFC is defined as the “maximum degree to which the individual retains the
capacity for sustained performance of the physical-mental requirements of jobs.” 20 C.F.R. Pt.
404, Subpt. P, App. 2 § 200.00(c). In other words, the RFC is the most a claimant can do despite
their physical and mental limitations. 20 C.F.R. §§ 404.1545(a)(1), 416.945(a)(1). An ALJ bases
their RFC determination on “all of the relevant medical and other evidence” in the case
record. Id. (a)(3). This requires the ALJ to evaluate the persuasiveness of the medical opinions in
the record and assess the claimant's subjective allegations. 20 C.F.R. §§ 404.1520c, 404.1529(a).
“The Sixth Circuit has ‘stressed the importance of medical opinions to support a claimant's
RFC, and cautioned ALJs against relying on their own expertise in drawing RFC conclusions from
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raw medical data.’” Guido v. Comm’r of Soc. Sec., No. 13-cv-1350, 2014 WL 4771929, at *12
(E.D. Mich. Sep. 24, 2014) (quoting Wyatt v. Comm'r of Soc. Sec., No. 12–11406, 2013 WL
4483074, at *16 (E.D. Mich. Aug. 19, 2013)). Yet, while some medical evidence must support the
RFC, an ALJ is not required to base an RFC on a corresponding medical opinion. See Reinartz v.
Comm'r of Soc. Sec., 795 F. App'x 448, 449 (6th Cir. 2020); Tucker v. Comm'r of Soc. Sec., 775
F. App'x 220, 226 (6th Cir. 2019) (“No bright-line rule exists in our circuit directing that medical
opinions must be the building blocks of the residual functional capacity finding.”); Mokbel-
Aljahmi v. Comm'r of Soc. Sec., 732 F. App'x 395, 401-02 (6th Cir. 2018) (“We have previously
rejected the argument that a residual functional capacity determination cannot be supported by
substantial evidence unless a physician offers an opinion consistent with that of the ALJ.”).
Within the Sixth Circuit, significant case law “supports the principle that when the
evidence of physical impairment is more than minimal, an independent determination of functional
limitations by the ALJ is not supported by substantial evidence and a medical opinion is required.”
Aarron D. v. Comm’r of Soc. Sec., No. 3:22-CV-00588-CHL, 2024 WL 1288230, at *4 (W.D. Ky.
Mar. 26, 2024) (collecting cases). It is only in situations where “the medical evidence shows
relatively little physical impairment” that “an ALJ may make a ‘commonsense judgment about
functional capacity [] without a physician’s assessment[.]’” Id. (quoting Deskin v. Comm’r of Soc.
Sec., 605 F. Supp. 2d 908, 911 (N.D. Ohio 2008)). This rule narrowly applies when (1) an ALJ
crafts the RFC based on no medical source opinion, or (2) an ALJ crafts the RFC “based on an
outdated source opinion that did not include consideration of a critical body of objective medical
evidence.” Branscum v. Berryhill, No. 6:17-CV-345-HAI, 2019 WL 475013, at *11 (E.D. Ky.
Feb. 6, 2019) (quoting Raber v. Comm'r of Soc. Sec., No. 4:12-CV-97, 2013 WL 1284312, at *15
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(N.D. Ohio Mar. 27, 2013)).
Here, ALJ Collins discussed four medical opinions of record in evaluating Claimant’s
RFC. The first two came from state agency physicians, Drs. Daniel Meece and Paul McLaughlin.
(Tr. 384-87; Tr. 389-94). Both opined that Claimant did not present a severe impairment or
condition warranting work related limitations. (Id.). As such, neither articulated an assessment of
Claimant’s RFC. In finding their opinions unpersuasive, ALJ Collins reasoned that the medical
records upon which they relied documented “some impairment due to the issues in [C]laimant’s
remaining eye,” but they nonetheless assessed “no limitations based on those observations[.]” (Tr.
34).
The latter two opinions came from Claimant’s treating physicians, Drs. Yassin Khattab and
Aaron Smith. (Tr. 690; Tr. 691-703; Tr. 747). Both opined that Claimant was disabled but did not
set forth a residual functional capacity or articulate any form of functional limitations. They simply
opined that Claimant’s impairments rendered him unable to work. (Id.). ALJ Collins briefly
touched on their opinions in the RFC assessment and expressly declined to consider either based
upon their conclusory statements about Claimant’s ability to work, “encroach[ing] on matters
reserved to the Commissioner.” (Tr. 35).
It appears that the RFC was crafted without the benefit of any medical source opinion in
the record articulating Claimant’s functional limitations. ALJ Collins represented that he
“carefully read and considered all evidence of record” and found the RFC to be consistent with
“the appropriate medical findings and overall evidence in the record[,]” rather than the four
medical opinions he found unpersuasive and/or rejected as well as Claimant’s subjective
statements about his impairments. (Tr. 35). A review of the record reveals that the four opinions
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ALJ Collins found unpersuasive and/or rejected, while not the only medical evidence of record,
are the only medical opinions. Even if ALJ Collins presented good reasons for refusing to afford
any of the opinions weight, or accepted and found any of the opinions persuasive, none of the
opinions presented spoke to Claimant’s functional limitations, leaving ALJ Collins without any
opined limitations to consider in crafting the RFC.
Nor did ALJ Collins expressly cite medical records that demonstrate Claimant can perform
in accordance with the limitations incorporated in the RFC. Thus, the Court can only surmise that
ALJ Collins formulated the RFC based upon his own interpretation of Claimant’s medical
findings. See, e.g., Falkosky v. Comm’r of Soc Sec., No. 1:19-cv-2632, 2020 WL 5423967, at *8
(N.D. Ohio Sep. 10, 2020) (finding ALJ erred crafting RFC without any medical opinion on
claimant’s functional limitations or reliance on medical records demonstrating claimant’s
functional abilities); Tomford v. Comm’r of Soc. Sec., No. 13-11140, 2014 WL 764685, at *15
(E.D. Mich. Feb. 25, 2014) (finding ALJ erroneously crafted the RFC upon his own interpretation
of the medical evidence where he rejected the medical opinions of record and claimant’s subjective
statements about his functional limitations but did not order an additional medical source opinion).
While ALJ Collins is not required to adopt any opined limitation verbatim or find a medical
opinion consistent with the record to formulate an RFC supported by substantial evidence, he is
required to consider a medical opinion that proffered some articulation as to Claimant’s functional
limitations or rely on medical evidence demonstrating such limitations. See Inks v. Comm’r of Soc.
Sec., No. 5:22-CV-01742, 2024 WL 1514533, at *12 (N.D. Ohio Apr. 8, 2024) (“the Sixth Circuit
has rejected the argument that [an RFC] cannot be supported by substantial evidence unless a
physician offers an opinion consistent with that of the ALJ” (internal quotations omitted)); Aloyo
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v. Kijakazi, No. 1:23-cv-00051, 2024 WL 1297612, at *5 (M.D. Tenn. Mar. 26, 2024)
(“Nevertheless ... there is an abundance of case law from this circuit suggesting that an ALJ must
generally obtain a medical expert opinion before including functional limitations in
the RFC unless the ALJ can render a commonsense judgment about functional capacity based on
evidence that shows relatively little impairment.” (quoting Johnson v. Saul, No. 1:18-0041, 2019
WL 3647058, at *4 (M.D. Tenn. July 19, 2019) (internal quotation omitted))). The present record
does not appear to contain such opinions or other medical evidence. Under such circumstances,
ALJ Collins was obligated to re-contact Claimant’s treating physician, order a consultative
examination, or have a medical expert testify at the hearing. Aloyo, 2024 WL 1297612, at *5 (citing
Timothy R. J. v. Comm’r of Soc. Sec., No. 3:22-cv-216, 2023 WL 2258524, at *4 (S.D. Ohio Feb.
28, 2023)). And if there were such evidence in the record, ALJ Collins did not cite it in the RFC
assessment “and, thereby, failed to build a logical bridge between the evidence and his RFC
finding.” Falkosky, 2020 WL 5423967, at *8.
A finding that Claimant is not disabled may still be appropriate. Currently, however, that
finding is erroneous upon the record as evaluated by the ALJ. The RFC determination is not
supported by substantial evidence. And ALJ Collins’ failure to cite such evidence renders an RFC
assessment that fails to create a logical bridge between the evidence and the result. Accordingly,
remand is necessary to obtain a proper medical source opinion and a redetermination of Claimant’s
RFC.
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ORDER
IT IS THEREFORE ORDERED that the final decision of the Commissioner is
REVERSED AND REMANDED pursuant to sentence four of 42 U.S.C. § 405(g), to the
Commissioner for further administrative proceedings. On remand, the Administrative Law Judge
shall further obtain a proper medical source opinion and consider that opinion at Step Four and at
all other steps of the evaluation. The ALJ may take any further action necessary to complete the
administrative record, offer Claimant a new hearing, and issue a new decision. This is a final and
appealable Order and there is no just cause for delay.
LSELL
July 28, 2026 Regina S. Edwards, Magistrate Judge
United States District Court
Copies: Counsel of Record
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