9:25-cv-80249•Case Name in Social Security Case - Unavailable
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 25-80249-CIV-SMITH/D’ANGELO SHALONDA LATRICE MCCLOUD GARRETT, Plaintiff, vs. FRANK BISGNANO,1 COMMISSIONER OF SOCIAL SECURITY, Defendant. _____________________________/ OMNIBUS REPORT & RECOMMENDATION ON CROSS MOTIONS FOR SUMMARY JUDGMENT THIS CAUSE is before the Court on Plaintiff Shalonda Latrice McCloud Garrett’s Motion for Summary Judgment filed on August 4, 2025 (DE 17). 2 Defendant Frank Bisgnano, Commissioner of Social Security, filed his response in opposition and Cross Motion for Summary Judgment on August 29, 2025 (DE 19). Plaintiff replied on September 11, 2025 (DE 22). Having considered the Motions, the relevant legal authorities, and the pertinent portions of the record, and being otherwise fully advised in the premises, for the reasons stated below, it is respectfully recommended that Plaintiff’s Motion for Summary Judgment be DENIED and that Defendant’s Cross Motion for Summary Judgment be GRANTED. 1 Frank Bisignano became the Commissioner of Social Security on May 7, 2025. Pursuant to Federal Rule of Civil Procedure 25(d), Frank Bisignano should be substituted 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 This case was referred to the undersigned Magistrate Judge for all non-dispositive matters and for a Report and Recommendation on any dispositive issues (DE 9). Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 1 of 21
2 I. BACKGROUND At thirty-four years old, Plaintiff filed her claim for disability on March 26, 2021 (R. 93).3 Plaintiff alleged disability due to “high blood pressure[,] and diabetes,” with an inability to work as of March 25, 2021 (id.) (emphasis removed). On September 9, 2021, Plaintiff’s claim for disability was denied (R. 134-35). On October 1, 2021, Plaintiff requested reconsideration, which was likewise denied (R. 149, 152). Plaintiff requested a hearing before an Administrative Law Judge (“ALJ”), two of which were held on January 31, 2023 and October 24, 2023 (R. 46, 57). On December 7, 2023, ALJ Raymond Rodgers issued a written decision, concluding that Plaintiff was not disabled within the meaning of the Social Security Act (R. 17-36, 162). The Appeals Council rejected Plaintiff’s appeal on January 16, 2025, finding that her “reasons do not provide a basis for changing the Administrative Law Judge’s decision” (R. 1). Thereafter, Plaintiff filed the instant action, claiming that the final decision contains errors of law and is not supported by substantial evidence in the record (DE 1). A. The January 31, 2023 Hearing On January 31, 2023, ALJ Jose Perez Gonzalez held a hearing on Plaintiff’s claim of disability (R. 57). Dr. Ricardo Buitrago, a licensed clinical psychologist, testified that he reviewed the entire record and noted that Plaintiff had “major depressive disorder and a post-traumatic distress disorder” (R. 65). Dr. Buitrago further stated that he does not believe Plaintiff has an “impairment that is going to meet or equal a listing under the mental health disorders” (id.). In reaching that opinion, Dr. Buitrago explained that after visits with her primary doctors, Plaintiff’s “mental statuses were the normal limits,” and there was “zero endorsement of any type of 3 Citations to “R.__” refer to the Social Security Transcript (DE 11). The page numbers refer to those found on the bottom right corner of each page in the transcript. Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 2 of 21
3 depression or anxiety or any kind of mental health symptoms” (id.). There was “no depression, no panic attacks, no bipolar disorder, no anxiety syndrome,” and Dr. Buitrago “saw no psychiatric med[icine] management intervention at all in the records” (R. 66). According to Dr. Buitrago, based on objective psychiatric evidence, Plaintiff’s “judgment was normal,” “her thought content was normal,” she was “fully alert and fully oriented,” and “her behavior was normal” (R. 68). Dr. Jospeh Gaeta also testified at the January 31, 2023 hearing (R. 70). Dr. Gaeta explained that Plaintiff’s “severe impairment is her morbid obesity” (R. 71). There was “no evidence of any. . . diabetic impairment” (id.). In Dr. Gaeta’s opinion, Plaintiff could sometimes lift twenty pounds and could frequently lift ten pounds (id.). She could walk and sit for up to six hours a day, but she was limited to walking and standing for a total of two hours per day (R. 72). Plaintiff could occasionally climb stairs, but not ladders, scaffolds, or ropes (id.). Even with Plaintiff’s difficulty bending over and balancing, Dr. Gaeta explained that he would not change his opinion (R. 73). Plaintiff also testified before the ALJ at the January 31, 2023 hearing (R. 75). Plaintiff explained she last stopped working somewhere between March 2020 or 2021 (R. 76). She stopped working, because she was having seizures while driving (id.). Plaintiff testified that she worked as a driver for First Transit, and in 2021, she worked as a babysitter for her sister’s daughter (R. 77, 78). Before working as a babysitter and as a driver, Plaintiff worked as security guard, an employee at a manufacturing warehouse, a hairstylist, and in customer service at Walmart (R. 81, 83, 84). During the hearing, the ALJ stated that he would not “go through [] [Plaintiff’s] impairment testimony,” and instead sent “her in for a psychological evaluation. So, it would be depression, anxiety inventory, a mental status exam with RFC” (R. 86-87). However, the ALJ did take testimony from a Vocational Expert (“VE”), Elizabeth Shultz (R. 87). Ms. Shultz classified Plaintiff’s previous jobs as a driver, assembler at a warehouse, and a cashier (R. 89). The driving Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 3 of 21
4 and assembler positions were categorized as SVP 3, while Shultz classified the cashier position as an SVP 2 (id.).4 B. The October 24, 2023 Hearing On October 24, 2023, another hearing was held by ALJ Ray Rodgers, who took over Plaintiff’s case (R. 46). The ALJ took judicial notice of the January 31, 2023 hearing and took updated testimony from Plaintiff (R. 47). As to her conditions, Plaintiff testified that “everything is pretty much still the same” (R. 48). Plaintiff explained that she had significant fibroid pain:5 I can’t really sit for a long time. I can’t stand for a long time. The pain, it comes [as] like very sharp pain[,] like it’s like[,] I’m getting stabbed or something, and then it’s like they’ll freeze. I mean, like[,] its like a gas pocket that’ll hold on to [sic] it[,] and press it down and the pain is just very crucial. I can’t move. I can’t do nothing. (R. 49). According to Plaintiff, “it’s just getting worse and worse,” and her doctors stopped prescribing her medication (id.). Plaintiff explains that she cannot go anywhere, and “can’t really do anything” as her pain is “not getting any better” (id.). VE Joyce Courtright also testified at the October 24, 2023 hearing (R. 50). Considering Plaintiff’s past work as a driver, security guard, assembler, and cashier, the ALJ asked the VE two hypotheticals (R. 50-52). First, with the same past work experience, the ALJ asked the VE to assume a hypothetical person could lift and carry ten pounds occasionally, but five pounds frequently, and sit for six hours out of an eight-hour workday (R. 51). This hypothetical person could also stand, and stretch after thirty minutes, could occasionally climb ramps or stairs, but not 4 “SVP” means specific vocational preparation, or the amount of time required for a typical claim to learn the job. See https://secure.ssa.gov/poms.nsf/lnx/0425001001 (last accessed Jan. 16, 2026). An SVP of 2 takes time “[a]nything beyond short demonstration up to and including 1 month” to learn the job, while and SVP 3 takes “Over 1 month up to and including 3 months.” Id. 5 “Uterine fibroids are a common type of noncancerous tumor that can grow in and on your uterus.” https://my.clevelandclinic.org/health/diseases/9130-uterine-fibroids (last accessed Dec. 18, 2025). Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 4 of 21
5 ladders, ropes, scaffolds (id.). This person similarly could not crawl, but could occasionally balance, stoop, kneel and crouch (id.). The VE testified that this person’s exertion level was “sedentary,” and this person could perform other work, such as a lens inserter, lens block gauger, and a stone setter (R. 52). For the next hypothetical, the ALJ “change[d] the standing and walking to a total for one hour in an eight-hour workday, sitting a total of five hours in an eight-hour workday” (id.). When asked if this person can work, VE Courtright testified, “[N]ot on a full-time competitive basis” (id.). C. The ALJ’s December 7, 2023 Decision On December 7, 2023, the ALJ issued a written decision denying Plaintiff’s claim for disability (R. 36). The ALJ applied a five-step sequential evaluation process, as set forth in Title 20, Code of Federal Regulations, Sections 404.1520(a) and 416.920(a) (R. 18). At step one, the ALJ reasoned that Plaintiff “worked after the alleged disability onset date[,] but this work activity did not rise to the level of substantial gainful activity” (R. 20). The ALJ noted that Plaintiff’s earnings were “below substantial gainful activity levels” (id.). As a result, the ALJ concluded Plaintiff had not engaged in substantial gainful activity since March 25, 2021—the alleged onset date (id.). At step two, the ALJ explained that Plaintiff’s lateral displacement of her patella in both knees was “non-severe,” because the displacement was not present for more than a twelve-month period, was responsive to medicine, was accounted for in her residual functional capacity, did not require significant medical intervention, and did not result in any continuous exertional functional limitations (id.). At any rate, the ALJ explained that Plaintiff had the following severe impartments: diabetes mellitus, hypertension, uterine fibroids, obesity, posttraumatic stress disorder, and depression (id.). Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 5 of 21
6 At step three, the ALJ concluded that Plaintiff does not have an impairment or combination of impairments that meets, or medically equals, the severity of one of the listed impairments in Sections 404.1520(d), 404.1526, 416.920(d), 416.925 and 416.926 (id.). In reaching this conclusion, the ALJ stated that “the record does not reflect the claimant having peripheral neuropathy with disorganization of motor function in two extremities, resulting in sustained disturbance of gross and dexterous movements, or gait and station in spite of prescribed treatment” (R. 21). Further, Plaintiff’s mental impairments, “do not meet or medically equal criteria of listings 12.04, 12.06, 12.15” (id.). According to the ALJ, “[t]reatment notes generally indicate[d] the claimant having intact memory” and understanding comments and questions without difficulty, and at her examinations, Plaintiff was able to recall 2/3 words after 10 minutes (R. 21-22). Plaintiff had a moderate limitation when interacting with others, as the evidence showed that she was consistently polite and cooperative, while also routinely displaying normal behavior during her appointments (R. 22). Additionally, the ALJ stated that “treatment notes generally reflect the claimant being alert and do not indicate any significant problems with distractibility” (id.). As to Plaintiff’s obesity, the ALJ determined that it was “severe, but does not preclude the performance of all work” (R. 21). After a review of the entire record, the ALJ next determined Plaintiff’s residual functional capacity (“RFC”) (R. 23).6 According to the ALJ, Plaintiff’s RFC allows her to: lift and carry 10 pounds occasionally and 5 pounds frequently; sit for six hours in an eight hour workday; stand and or walk for two hours in an eight hour workday; permitted to stand and stretch after 30 minutes of work while being off task for one minute; occasional climbing of ramps or stairs, but no climbing of ladders, ropes, or scaffolds; occasional balancing, stooping, kneeling, and crouching; no crawling; must avoid concentrated exposure to pulmonary irritants such as fumes, odors, dust, and gases; no exposure to hazardous machinery or unprotected heights; able to 6 An individual’s RFC represents the most the individual can do in a work setting despite the effects from his or her physical and mental limitations. 20 C.F.R. § 404.1545(a)(1) (2012). Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 6 of 21
7 understand, remember, and carry out simple instructions; able to use judgment to make simple work-related decisions; able to deal with changes in a routine work setting; occasional interaction with coworkers and supervisors; and no interaction with the public. (id.) (emphasis removed). The ALJ found that when Plaintiff spoke about her pain and symptoms, it was “not entirely consistent with the medical evidence and other evidence in the record” (id.). The ALJ noted that the objective medical evidence showed that Plaintiff is capable of sedentary work activity, and Plaintiff’s testimony of debilitating pain and limitation was “inconsistent with the numerous examinations that have shown . . . [Plaintiff] to have intact strength, a normal musculoskeletal range of motion, and normal cardiac and pulmonary examinations” (R. 24). The ALJ further noted that treatment notes showed Plaintiff could do usual activities, and Plaintiff’s diabetes was controlled (id.). At step four, the ALJ analyzed whether Plaintiff had the RFC to perform the requirements of her past relevant work (R. 23). The ALJ agreed that the demands of Plaintiff’s past relevant work exceeded her RFC (id.). Lastly, at step five, the ALJ found that considering Plaintiff’s age, education, work experience, and RFC, jobs existed in significant numbers in the national economy that she could have performed (R. 35). Specifically, Plaintiff could work as a lens inserter, lens block gauger, and a stone setter, as Plaintiff “is capable of making a successful adjustment to other work” (R. 35-36). The ALJ concluded that “a finding of ‘not disabled’ was therefore appropriate” (id.). D. The Medical Opinion of Dr. Daniel Ward Dr. Daniel Ward, a licensed psychologist, conducted two examinations of Plaintiff on August 25, 2021 and March 1, 2023 and issued reports on those same dates. a. The August 25, 2021 Evaluation On August 25, 2021, Dr. Ward examined Plaintiff and noted that Plaintiff drove herself to his office in West Palm Beach, Florida (R. 882). Plaintiff told Dr. Ward that her primary problems Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 7 of 21
8 were uterine fibroids, obesity, seizures, diabetes, high blood pressure, depression, and sometimes having a short memory (id.). During the examination, Plaintiff explained that she had her first seizure in December 2020 and then two more in January 2021, which was her last seizure (id.). As to her mental health, Plaintiff stated that she was diagnosed with depression three or four years ago and took an antidepressant until she lost her insurance (id.). Plaintiff reported a history of chronic trauma-related symptoms from watching her father commit suicide in front of her when she was five years-old, as well as multiple instances of sexual abuse, manifesting in post-traumatic stress disorder (id.). Plaintiff denied any psychiatric hospitalization, though she participated in outpatient mental health treatment, which included seeing a therapist for two months (id.). Plaintiff did not report any substance abuse history, nor could Dr. Ward find any evidence of antisocial behavior, such as criminal convictions (id.). During the examination, Dr. Ward made several physical and behavioral observations (R. 884). Dr. Ward noted that Plaintiff was morbidly obese, and she walked and moved slowly (id.). Plaintiff did not display any bizarre mannerisms, nor were any repetitive gestures observed (id.). There we no difficulties with Plaintiff’s posture, gait, or coordination, and her attire, grooming, and hygiene appeared appropriate (id.). Plaintiff’s speech was normal, articulable within normal limits, and the conversation was mostly limited to her answering direct questions (id.). According to Dr. Ward, Plaintiff appeared to understand comments and questions without difficulty (id.). He noted that during the examination, Plaintiff appeared depressed, but she was able to talk about herself and her problems (id.). As the examination progressed, Plaintiff detailed how “she has rarely been as happy as most people throughout her life” (id.). Plaintiff described the following symptoms: “[D]epressed mood more days than not, difficulty concentrating, persistent fatigue, and a lack of energy, chronic irritability, anhedonia, social withdrawal, sleep difficulties including Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 8 of 21
9 difficulty falling and staying asleep and premature awakening, loss of appetite, hopelessness, feelings of worthlessness, excessive inappropriate guilt, and uncontrollable crying ‘almost every day’” (id.). Plaintiff denied suicidal ideation and denied considering suicide at the examination (id.). Dr. Ward observed that Plaintiff’s report symptoms were consistent with post-traumatic stress disorder (id.). When describing these symptoms, Plaintiff stated that she had “recurrent intrusive distressing memories, nightmares ‘like three to four times a week, I wake up, sit up and start crying then I can’t get back to sleep,’ flashbacks ‘like three to four times a week’” (id.). Plaintiff also reported “chronic irritability, hypervigilance, exaggerated startle response, concentration difficulties[,] and sleep disturbance” (R. 885). Throughout the examination, Plaintiff’s thought expression appeared rational and coherent (id.). There were no “loosened association, neologisms, word salad, flight of ideas, rambling speech, preoccupations[,] or delusional thinking” (id.). Plaintiff’s verbal structure was logical and relevant, and she was able to attend throughout the entire interview (id.). Plaintiff “was oriented to time, place, person and situation,” and was able to successfully name President Biden as the then-current president, and President Trump as the prior president (id.). In a ten-minute period, Dr. Ward gave Plaintiff three words to remember, but she could only recall two of them (id.). Dr. Ward did not observe any mumbling, distraction to internal or unseen stimuli, odd verbalization or movements, unusual laughter or crying, or any other over signs of hallucinations (id.). As a result of the examination, Dr. Ward diagnosed Plaintiff with major depressive disorder with mood- congruent psychotic features (id.). Even so, Plaintiff “was able to attend throughout the interview without a need for redirection,” and appeared to follow verbal and written instructions (R. 886). According to Dr. Ward, Plaintiff was also able to “interact appropriately” with someone she just Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 9 of 21
10 met (id.). As to her ability to work, Dr. Ward opined that Plaintiff’s “current physical condition [was] likely causing an equal if not greater impediment to work activity at this time” (id.). b. The March 1, 2023 Examination Dr. Ward conducted a second examination on March 1, 2023, which largely mirrored the August 25, 2021 examination (R. 1272). Plaintiff again complained of her weight, high blood pressure, diabetes, fibroids, and depression (id.). Plaintiff denied any substance abuse issues, and Dr. Ward found no signs of serious conflict with society (R. 1273). Dr. Ward observed that Plaintiff is “an immensely obese female adult” (R. 1274). As with the first examination, Plaintiff’s attire and hygiene were normal, she was consistently polite and cooperative, her speech was normal, she articulated within normal limits, and she understood the purpose of the examination (id.). Plaintiff was not tearful during the interview and denied any suicidal ideation (id.). Dr. Ward noted that Plaintiff’s thought expression appeared rational and coherent (R. 1275). She was oriented to time, place, person, and situation (id.). Once again, Plaintiff remembered two out of three words in a ten-minute period (id.). Plaintiff knew the current and prior president and did not report any hallucinatory symptoms (id.). Dr. Ward diagnosed Plaintiff with major depressive disorder and recurrent and post-traumatic stress disorder (R. 1276). Like his first examination, Dr. Ward opined that Plaintiff “was able to attend throughout the interview without a need for redirection” (id.). Further, Dr. Ward stated, “Despite protracted depression and reported physical limitations, [] [Plaintiff] appears to see to her own immediate needs without unusual assistance” (id.). Plaintiff explained to Dr. Ward that “due to physical limitations” she is only able to complete very limited housekeeping and chores (id.). Dr. Ward observed that Plaintiff “was able to interact appropriately with someone she did not know” (id.). Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 10 of 21
11 Just as in the first examination, Dr. Ward stated that Plaintiff’s “current physical condition [was] likely causing an equal if not greater impediment to work activity” (id.). II. LEGAL STANDARD A. Statutory Framework A claimant seeking to qualify for disability benefits must show the “inability 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) (2020). A physical or mental impairment is “an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.” Id. § 423(d)(3). Plaintiff bears the burden of proving that he is disabled and producing evidence to support his claim. Ellison v. Barnhart, 355 F.3d 1272, 1276 (11th Cir. 2003) (citing 20 C.F.R. § 416.912(a) (2000)). Pursuant to the Social Security regulations, the ALJ must follow a five-step process to determine whether a claimant is disabled. 20 C.F.R. §§ 404.1520(a)(4)(i)-(v), 416.920(a)(4)(i)- (v) (2012). At step one, the ALJ must determine whether the claimant is currently employed. Id. § 404.1520(a)(4)(i). If the claimant is working, and the work constitutes substantial gainful activity, the inquiry concludes.7 Id. § 404.1520(b). At step two, the ALJ must determine whether the claimant suffers from “severe” impairment(s).8 Id. § 404.1520(a)(4)(ii). At step three, the 7 “Substantial gainful activity is work activity that is both substantial and gainful . . . .” 20 C.F.R. § 404.1572 (2000). “Substantial work activity is work activity that involves doing significant physical or mental activities.” Id. § 404.1572(a). “Gainful work activity is . . . work usually done for pay or profit, whether or not a profit is realized.” Id. § 404.1572(b). 8 A severe impairment, or combination of impairments, “significantly limits . . . physical or mental ability to do basic work activities” for a continuous period of at least twelve months. 20 C.F.R. §§ 404.1520(b), 404.1522(a)-(b) (2017). Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 11 of 21
12 ALJ must determine the medical severity of the claimant’s impairment, namely whether the claimant suffers from an impairment that meets, or equals, a listed impairment found under Section 404.1520(d), subpart P, appendix 1. Id. § 404.1520(a)(4)(iii). The ALJ must then determine the claimant’s RFC and at step four, whether the claimant’s impairments prevent him from performing his past relevant work. Id. § 404.1520(a)(4)(iv). When determining a claimant’s RFC, “the ALJ must consider all medical opinions in the claimant’s case record together with other pertinent evidence.” Duffy v. Comm’r of Soc. Sec., 736 F. App’x 834, 836 (11th Cir. 2018). The ALJ’s RFC assessment informs the “claimant’s remaining ability to work despite his impairment.” Castle v. Colvin, 557 F. App’x 849, 852 (11th Cir. 2014). Although the ALJ’s decision need not refer to every piece of evidence, the “decision must contain sufficient detail so that [the reviewing court] can conclude that the ALJ considered the claimant’s medical condition as a whole in assessing [his] residual functional capacity assessment.” Sims v. Comm’r of Soc. Sec., 706 F. App’x 595, 601-02 (11th Cir. 2017); Lewen v. Comm’r of Soc. Sec., 605 F. App’x 967, 968 (11th Cir. 2015). Where one source offers multiple opinions, the ALJ only needs to address the source, not each opinion. Medina v. Kijakazi, No. 21-CIV-62281, 2022 WL 6572349, at *5 (S.D. Fla. Aug. 23, 2022) (citing 20 C.F.R. § 416.920c(b)(1) (2017)). In determining a claimant’s RFC, the applicable Social Security regulations state that the ALJ “will not defer or give any specific evidentiary weight, including controlling weight, to any medical opinion(s) . . . including those from [a claimant’s] medical sources.” 20 C.F.R. § 404.1520c(a) (2017). Rather, the ALJ must specify how persuasive the medical opinions are using the following factors: supportability, consistency, the medical source’s relationship with the claimant, the medical source’s specialization, and any other factors that may support or contradict a medical opinion. Id. § 404.1520c(b)-(c). The two most important factors are supportability and Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 12 of 21
13 consistency, and the ALJ must explain how she considered them. Id. § 404.1520c(b)(2). 9 “Supportability relates to the extent to which a medical source has articulated support for the medical source’s own opinion[.]” Bell, 2023 WL 5275994, at *2; see 20 C.F.R. § 404.1520c(c)(1) (“The more relevant the objective medical evidence and supporting explanations presented by a medical source are to support his or her medical opinion(s) or prior administrative medical finding(s), the more persuasive the medical opinions or prior administrative medical finding(s) will be.”). “[C]onsistency relates to the relationship between a medical source’s opinion and other evidence within the record.” Bell, 2023 WL 5275994, at *2; see 20 C.F.R. § 404.1520c(c)(2) (“The more consistent a medical opinion(s) or prior administrative medical finding(s) is with the evidence from other medical sources and nonmedical sources in the claim, the more persuasive the medical opinion(s) or prior administrative medical finding(s) will be.”). At step five, the ALJ considers whether the claimant, despite his impairments, can perform work in the national economy given his age, education, RFC, and work experience. 20 C.F.R. § 404.1520(a)(4)(v). At this last step, the ALJ determines whether the claimant can adjust to other work in the national economy by applying the Medical Vocational Guidelines or by relying on a vocational expert. Phillips v. Barnhart, 357 F.3d 1232, 1239-40 (11th Cir. 2004), superseded on other grounds by 20 C.F.R. § 404.1520c. B. Standard of Review The Court’s review of an ALJ’s final decision is limited to whether the ALJ applied the correct legal standards and whether substantial evidence in the record supports the ALJ’s findings. 9 “The ALJ may, but is not required to, explain how she considered the remaining three factors (relationship with claimant, specialization, and ‘other factors’).” Bell v. Comm’r of Soc. Sec., No. 22-CIV-2174, 2023 WL 5275994, at *2 (M.D. Fla. Aug. 16, 2023) (quoting 20 C.F.R. § 404.1520c(b)(2)). Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 13 of 21
14 42 U.S.C. § 405(g) (2023); Wilson v. Barnhart, 284 F.3d 1219, 1221 (11th Cir. 2002). “Substantial evidence is more than a scintilla, but less than a preponderance. It is such relevant evidence as a reasonable person would accept as adequate to support a conclusion.” Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir. 1983) (citing Richardson v. Perales, 402 U.S. 389, 401 (1971)); see also Wilson, 284 F.3d at 1220 (“Substantial evidence ‘must do more than create a suspicion of the existence of the fact to be established.’” (quoting McRoberts v. Bowen, 841 F.2d 1077, 1080 (11th Cir. 1988))). The ALJ’s factual findings are conclusive if they are supported by substantial evidence, and the Court must defer to the ALJ’s final decision. Crawford v. Comm’r of Soc. Sec., 363 F.3d 1155, 1158-59 (11th Cir. 2004). III. DISCUSSION Plaintiff argues that the ALJ’s RFC determination is not supported by substantial evidence, because the ALJ did not properly evaluate Dr. Ward’s opinion (DE 17 at 4). Specifically, Plaintiff alleges that the ALJ did not consider the consistency factor in evaluating the persuasiveness of Dr. Ward’s opinion, as required by the regulations (id.). In Plaintiff’s view, the entirety of the ALJ’s analysis only discussed supportability, and the ALJ’s failure to discuss consistency in his analysis requires remand (id. at 5). Plaintiff also contends that the ALJ erred in failing to consider that Plaintiff’s subjective reporting supported Dr. Ward’s findings, and the ALJ improperly limited his consideration to unremarkable, objective aspects of Dr. Ward’s opinion (id. at 7-8). Lastly, Plaintiff asserts that these errors by the ALJ were not harmless (id. at 8-9). Defendant argues that remand is not appropriate, because the ALJ’s RFC determination was more restrictive than what Dr. Ward opined (DE 19 at 4). Put differently, the ALJ’s mental RFC assessment contained greater social limitations than what Dr. Ward suggested (id. at 5). Therefore, even if the ALJ did not address the consistency factor in evaluating Dr. Ward’s opinion, Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 14 of 21
15 remand is not appropriate, because Dr. Ward’s opinion ultimately supports the outcome reached by the ALJ (id.). In Defendant’s view, any error that the ALJ may have committed was harmless, and remand is not required (id. at 6). A. The ALJ’s Evaluation of Dr. Ward’s Opinion The ALJ determined that he was “not persuaded” by Dr. Ward’s opinion (R. 32). Indeed, the ALJ stated the following in his decision regarding Dr. Ward: Their examinations of the claimant found her to have an appropriate appearance, to be consistently polite and cooperative, to have normal speech, to understand comments or questions without difficulty, to have rational and coherent thought expression, and to be able to attend throughout the interviews. The claimant displayed some memory deficits during the examinations, but the objective mental status examination findings of the claimant were largely unremarkable. Consequently, their examinations of the claimant were inconsistent with the assessments that the claimant appeared to have deficits in task persistency, that she would need assistance managing funds, that she would have reduced ability to participate in social interactions, that she would have impediments to occupational achievement, that she would have difficulty effectively managing expectations of employment, and that she would need more encouragement and support than most when encountering work difficulties or social challenges. Further, this examiner’s opinions include multiple statements concerning limitations related to the claimant’s physical impairments, and they are not a medical doctor. (id.). According to Plaintiff, absent from the ALJ’s discussion of Dr. Ward’s opinion is any mention of how Dr. Ward’s opinion compares to other medical evidence or any other evidence in the record, which constitutes sufficient error to compel remand (DE 17 at 6; DE 22 at 3). The applicable Social Security regulations require the ALJ to “articulate in [his] determination or decision how persuasive [he] find[s] all of the medical opinions and all of the prior administrative medical findings” and “explain how [he] considered the supportability and consistency factors for a medical source’s medical opinions or prior administrative medical findings . . . .” 20 C.F.R. §§ 404.1520c(b), (b)(2). Here, while the ALJ’s findings address the supportability of Dr. Ward’s medical opinion, there is no analysis of whether and how Dr. Ward’s Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 15 of 21
16 opinion is consistent, or not, with the other evidence in the record. As Plaintiff correctly points out, though the ALJ used the term “inconsistent” in comparing Dr. Ward’s observations during his examinations with his conclusions, the entirety of the analysis references medical evidence and supporting explanations from Dr. Ward – not other medical and non-medical sources. This is a supportability analysis, not a consistency analysis. See Hardy v. Comm’r of Soc. Sec., No. 24- CIV-587, 2025 WL 925849, at *4 (M.D. Fla. Mar. 27, 2025) (“Consistency requires ‘the evidence from other medical sources and nonmedical sources’ to be consistent with the medical opinion presented.” (citation omitted)). Tellingly, Defendant does not advance any real argument that the ALJ addressed the consistency factor when evaluating Dr. Ward’s opinion. Nor does Defendant point to any specific language in the ALJ’s opinion that constitutes a discussion of consistency. Instead, Defendants move directly to their argument that any failure by the ALJ to address the consistency of Dr. Ward’s opinion does not require remand, because Dr. Ward’s opinion does not support Plaintiff’s claim and instead support the ALJ’s determination. Unable to locate any discussion of consistency with respect to Dr. Ward’s opinion in the ALJ’s decision, the Court now turns to whether that error was harmless. B. Any Error by the ALJ was Harmless “When . . . an incorrect application of the regulations results in harmless error because the correct application would not contradict the ALJ’s ultimate findings, the ALJ’s decision will stand.” Denomme v. Comm’r, Soc. Sec. Admin., 518 F. App’x 875, 877 (11th Cir. 2013) (citing Diorio v. Heckler, 721 F.2d 726, 728 (11th Cir. 1983)); see also Whitten v. Soc. Sec. Admin., Comm’r, 778 F. App’x 791, 793 (11th Cir. 2019) (“If the ALJ commits an error that does not affect the outcome, it’s harmless and doesn’t require reversal or remand.”). Defendant argues that the ALJ’s mental RFC assessment contained greater limitations than what Dr. Ward suggested, so the ALJ fully Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 16 of 21
17 accounted for the functional limitations that Dr Ward identified (DE 19 at 5). Plaintiff counters that the ALJ’s RFC limitations did not account for the entirety of the limitations proposed by Dr. Ward; therefore, the ALJ’s error in evaluating Dr. Ward’s opinion was not harmless (DE 22 at 2). In particular, Plaintiff identifies two functional limitations put forth by Dr. Ward that she claims were not addressed by the ALJ’s RFC determination – Dr. Ward opined that: (i) “[Plaintiff] would require more encouragement and support than do most people when encountering work difficulties or social challenges,” and (ii) Plaintiff would likely have “significant difficulty effectively managing the expectations of employment at this time” (id.; R. 886, 1276). The ALJ concluded that the following limitations were appropriate with respect to Plaintiff’s mental RFC assessment: “[Plaintiff is] able to understand, remember, and carry out simple instructions; able to use judgment to make simple work-related decisions; able to deal with changes in a routine work setting; occasional interaction with coworkers and supervisors; and no interaction with the public” (R. 23). Turning to Dr. Ward’s proposed limitations, the record belies Plaintiff’s contention that the deficiency in the ALJ’s discussion of Dr. Ward’s opinion precludes the Court’s meaningful review of the decision. To the contrary, while the ALJ found that Dr. Ward’s opinion was “not persuasive,” his RFC determination incorporated limitations that Dr. Ward suggested. See Wright v. Barnhart, 153 F. App’x 678, 684 (11th Cir. 2005) (finding although the ALJ did not explicitly weigh certain medical opinions, where “none of their opinions directly contradicted the ALJ’s findings, . . . any error regarding their opinions is harmless”). For example, the ALJ specified that Plaintiff would be required only to use judgment to make simple work-related decisions and would be subject only to occasional interaction with colleagues and no interaction with the public. This RFC determination aligns with Dr. Ward’s opinion that Plaintiff’s impairments result in a response to work difficulties and social challenges Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 17 of 21
18 that requires additional consideration, and that Plaintiff demonstrates an inability to do well “in occupations requiring frequent, protracted[,] or demanding social interactions” (R. 886, 1277); see also Kreiner v. Comm’r of Soc. Sec., No. 16-CIV-1013, 2017 WL 2729873, at *4 (M.D. Fla. May 31, 2017), report and recommendation adopted, No. 16-CIV-1013, 2017 WL 2731319 (M.D. Fla. June 23, 2017) (finding harmless error where the ALJ failed to weigh medical treatment records that did not show plaintiff’s impairments caused functional limitations greater than those contained in the ALJ’s RFC determination). To the extent Dr. Ward opined that Plaintiff’s impairments would cause significant difficulty in managing or maintaining employment, courts have found such statements are not medical opinions that must be evaluated by the ALJ. See Denomme, 518 F. App’x at 878 (finding a doctor’s statement that the plaintiff’s condition would likely prevent her from maintaining employment was not a medical assessment); see also 20 C.F.R. §§ 404.1520b(c); 416.920b(c). The cases that Plaintiff relies on to establish reversible error are unpersuasive. In Johnson v. Commissioner of Social Security, the Court remanded the action to the ALJ, as the written decision failed to connect the ALJ’s findings to the evidence to allow for proper review. 2025 WL 720927, at *3. By contrast, the ALJ’s decision in this case is robust and discusses a plethora of evidence in the record—making clear that the ALJ considered the totality of the record and relied on substantial evidence that supported his conclusions. Similarly, in Pierson v. Commissioner of Social Security, the ALJ used conclusory statements when discussing a doctor’s opinion. No. 19- CIV-01515, 2020 WL 1957597, at *4 (M.D. Fla. Apr. 8, 2020), report and recommendation adopted, No. 19-CIV-1515-37, 2020 WL 1955341 (M.D. Fla. Apr. 23, 2020). As a result, the ALJ’s statements were “insufficient to allow the Court to determine that the ALJ’s decision is supported by substantial evidence.” Id. As mentioned, the ALJ’s decision here discussed the Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 18 of 21
19 various opinions and evidence in the record and articulated what evidence he found persuasive and why. Finally, in Storey v. Berryhill, the Eleventh Circuit vacated a remanded an action to the ALJ, as the ALJ mischaracterized records and substituted his own opinion for that of a medical expert. 776 F. App’x 628, 637 (11th Cir. 2019). In this case, there is no suggestion that the ALJ mischaracterized the record or improperly relied upon his own opinion. Further, even if the ALJ’s RFC determination does not encompass all limitations that Dr. Ward proposed, it was nevertheless supported by substantial evidence in the record. Other medical evidence, including evaluations and records from Dr. Eric Wiener, a psychologist, and Dr. Claudia Tejera Quesada, shows that despite Plaintiff’s physical and mental impairments, she was capable of walking and sitting for periods of time throughout a workday, could manage money, and had coherent thoughts and the ability to express herself effectively (R. 95-96, 1282-97). On August 28, 2021, Dr. Wiener examined Plaintiff and noted that she had some difficulty walking, “but she is able to do so without an assistive device” (R. 94). Dr. Wiener further noted that Plaintiff was morbidly obese but with “no apparent observations or complaints of any mental symptoms” (R. 94-95). According to Dr. Wiener, Plaintiff’s physical issues caused the primary limitation to her physical activities of daily living (id.). Dr. Wiener opined that Plaintiff could stand and walk with normal breaks for two hours of the day, and Plaintiff could sit with normal breaks for about six hours in an eight-hour workday (R. 96). Similarly, Dr. Tejera examined Plaintiff on March 4, 2023 and noted that Plaintiff could do all activities of daily life without major assistance, except putting shoes and socks on (R. 1282-83). Plaintiff was alert and oriented, spoke normally, and cooperated with the exam (R. 1284). Plaintiff scored 5/5 in her strength, right and left upper extremities, right and left lower extremities, and in her grip (R. 1285). Based on her examination, Dr. Tejera found that Plaintiff had no limitations in sitting but had moderate limitations in standing Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 19 of 21
20 (R. 1289). Plaintiff also had moderate limitations in walking, which she could occasionally perform in 10–15-minute intervals due to morbid obesity and worsening joint pain given degenerative joint disease (id.). Dr. Tejera also opined that Plaintiff had no limitations in lifting and carrying (id.). Additionally, Dr. Robert Hodes, a psychologist, stated that he “did not notice any mental difficulties” (R. 112, 114). Dr. Hodes noted that there were “no apparent observations of complaints of any mental symptoms” (R. 113). In light of the substantial evidence supporting the ALJ’s decision, remanding this action to the ALJ to analyze Dr. Ward’s opinion under the consistency factor is likely a “wasteful corrective exercise.” Sanchez v. Comm’r of Soc. Sec., 507 F. App’x 855, 856 (11th Cir. 2013). Even though the ALJ erred in his analysis of Dr. Ward’s opinion, “the error is harmless because it did not affect the administrative law judge’s ultimate determination.” Hunter v. Comm’r of Soc. Sec., 609 F. App’x 555, 558 (11th Cir. 2015). It is clear that the ALJ considered Dr. Ward’s opinion, even if ultimately deeming it unpersuasive, and the totality of the record evidence shows substantial evidence supported the ALJ’s decision to discount Dr. Ward’s opinion, as it was inconsistent with his observations during his examinations, inconsistent with other medical evidence in the record, and spoke to issues ultimately reserved for the Commissioner. Tillman v. Comm’r, Soc. Sec. Admin., 559 F. App’x 975, 976 (11th Cir. 2014). To the extent Plaintiff claims the ALJ erred in failing to consider that Plaintiff’s subjective reporting supported Dr. Ward’s findings and only discussing unremarkable aspects of Dr. Ward’s opinion, those arguments too are unavailing. The ALJ need not cite every single piece of evidence in the record to support his findings and conclusions, “so long as the decision does not broadly reject the claimant’s case and is sufficient for a reviewing court ‘to conclude that the ALJ considered the claimant’s medical condition as a whole.’” See Brito v. Comm’r, Soc. Sec. Admin., Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 20 of 21
21 687 F. App’x 801, 804 (11th Cir. 2017) (citation omitted). The ALJ cited sufficient, probative evidence, allowing the Court to conclude that the ALJ considered Plaintiff’s medical condition as a whole. In sum, notwithstanding the error from the ALJ’s incomplete analysis of Dr. Ward’s opinion, such error is harmless in this case, as the ALJ’s finding that Plaintiff was not disabled is supported by substantial evidence. See Griffin v. Comm’r of Soc. Sec., 560 F. App’x 837, 841 (11th Cir. 2014) (“This Court may not reweigh evidence and decide facts anew, and must defer to the ALJ’s decision if it is supported by substantial evidence.”). IV. CONCLUSION Based on the foregoing, it is respectfully recommended that Plaintiff’s Motion for Summary Judgment (DE 17) be DENIED and that Defendant’s Cross Motion for Summary Judgment (DE 19) be GRANTED. V. OBJECTIONS The Parties will have fourteen (14) days from the date of this Report and Recommendation to file written objections, if any, with the Honorable Rodney Smith, United States District Judge. Failure to file objections timely shall bar the parties from a de novo determination by the District Judge of an issue covered in this Report and shall bar the parties from attacking on appeal unobjected-to factual and legal conclusions contained in this Report, except upon grounds of plain error, if necessary, in the interest of justice. See 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140, 149 (1985); Henley v. Johnson, 885 F.2d 790, 794 (11th Cir. 1989); 11th Cir. R. 3-1 (2016). RESPECTFULLY SUBMITTED in Chambers in Miami, Florida on this 26th day of January, 2026. ____________________________________ ELLEN F. D’ANGELO UNITED STATES MAGISTRATE JUDGE cc: All Counsel of Record Case 9:25-cv-80249-RS Document 23 Entered on FLSD Docket 01/26/2026 Page 21 of 21
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