Jeana K. v. Bisignano

• Court: U.S. District Court — District of Nebraska
• Writing for the Court: BRIAN C. BUESCHER, UNITED STATES DISTRICT JUDGE
• Docket Number: 4:25CV3092
• Decision Date: 19 December 2025
• Citation: Jeana K. v. Bisignano, 4:25CV3092 (D. Neb. Dec 19, 2025)
• Parties: JEANA K., Plaintiff, v. FRANK BISIGNANO, Commissioner of Social Security,[1]Defendant.

1

JEANA K., Plaintiff, v. FRANK BISIGNANO, Commissioner of Social Security,^[1]Defendant.

No. 4:25CV3092

United States District Court, D. Nebraska

December 19, 2025

MEMORANDUM AND ORDER ON JUDICIAL REVIEW OF COMMISSIONER'S DENIAL OF BENEFITS

BRIAN C. BUESCHER, UNITED STATES DISTRICT JUDGE

Plaintiff Jeana K.^[2] seeks judicial review of the denial of her application for disability insurance benefits and her application for supplemental security income benefits by the Commissioner of the Social Security Administration (the Commissioner). Filing 1. Jeana K. has moved for an order reversing the Commissioner's decision. Filing 14. In response, the Commissioner filed a motion to affirm the Commissioner's final decision denying disability benefits. Filing 18. For the following reasons, the Court grants the Commissioner's motion to affirm and denies Jeana K.'s motion to reverse.

I. INTRODUCTION

A. Procedural Background

Jeana K. applied for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq., and protectively filed for supplemental security income under Title XVI of the Social Security Act, 42 U.S.C §§ 1381 et seq., on May 10, 2022. Filing 7-5 at 4, 11 (Administrative Record (AR) 348, 355). Jeana K. alleged an onset disability date of December 1, 2021. Filing 7-5 at 4, 11 (AR 348, 355). Jeana K.'s claims were initially denied by the Social Security Administration (SSA) on April 14, 2023. Filing 7-4 at 12 (AR 261). The claims were again denied on October 11, 2023, upon reconsideration by the SSA. Filing 7-4 at 18 (AR 267).

On November 7, 2023, Jeana K. requested a hearing by an administrative law judge (ALJ) pursuant to 20 C.F.R. §§ 404.929 et seq., and 416.1429 et seq., following the two denials. Filing 7-2 at 19 (AR 18); Filing 7-4 at 47 (AR 296). The ALJ held a telephonic hearing to review the denial of Jeana K.'s applications on April 15, 2024. Filing 7-2 at 19, 193-219 (AR 18, 192-218). On May 9, 2024, the ALJ issued a ruling in favor of the Commissioner, denying Jeana K.'s claims for disability insurance benefits and for supplemental security income benefits. Filing 7-2 at 29 (AR 28). Jeana K. submitted a request for review of the ALJ's decision to the SSA Appeals Council on May 9, 2024. Filing 7-2 at 2 (AR 1). The Appeals Council issued an order denying Jeana K.'s request for review on February 10, 2025. Filing 7-2 at 2 (AR 1). On April 10, 2025, Jeana K. filed this action seeking judicial review and reversal of the ALJ's decision to deny her disability benefits and supplemental security income, or in the alternative, to vacate and remand this matter for further proceedings. Filing 1.

B. Factual Background

1. The Claimant and Her Alleged Disabilities

On the alleged disability onset date of December 1, 2021, Jeana K. was 48 years old, which is defined as a “younger person” under 20 C.F.R. §§ 404.1563(c) and 416.963(c) (defining a younger person as one who is “under age 50”). Filing 7-2 at 28 (AR 27); Filing 7-5 at 4, 11 (AR 348, 355). Jeana K. “subsequently changed age category to closely approaching advanced age” under 20 C.F.R. §§ 404.1563(d) and 416.963(d) (defining “person closely approaching advanced age” as “age 50-54”). Filing 7-2 at 28 (AR 27). Jeana K. “has at least a high school education, placing her in the fourth classification of educational ability, as defined in 20 C.F.R. §§ 404.1564 and 416.964. Filing 7-2 at 28 (AR 27). Jeana K. lives with her boyfriend in a “camper.” Filing 72 at 201-02 (AR 200-01). Jeana K. has three children and four grandchildren, although she does not take care of any of them personally. Filing 7-2 at 46 (AR 45); Filing 7-6 at 53 (AR 437). “[Jeana K.] has not engaged in substantial gainful activity since December 1, 2021, the alleged onset date.” Filing 7-2 at 21 (AR 20). Jeana K. worked part-time at Goodwill and at Thrift Holdings after the alleged disability onset date, but “this work activity did not rise to the level of substantial gainful activity.” Filing 7-2 at 21 (AR 20). In her May 10, 2022, disability report, Jeana K. alleged that she has tendinitis and arthritis. Filing 7-6 at 6 (AR 390). In her June 7, 2023, “Disability Report - Appeal,” Jeana K. alleges she developed “Centrilobular emohysema [sic] Nov. 3, 2022 osteo arthritis.” Filing 7-6 at 47 (AR 431). In her November 8, 2023, “Disability Report - Appeal,” Jeana K. alleges she developed “multilayer cervical foraminal stenosis with myelomalacia myelopathy/central canal stenosis.” Filing 7-6 at 69 (AR 453).

Jeana K. avers three bases in support of her motion for an order to reverse the Commissioner's decision. First. Jeana K. argues that the Appeals Council erred in rejecting new and material evidence. Filing 15 at 5. Second, Jeana K. argues that the ALJ erred in evaluating her subjective symptoms. Filing 15 at 5. Third, Jeana K. maintains that the ALJ erred in evaluating the medical opinion evidence. Filing 15 at 5. The Court will provide a concise statement of the medical records and other evidence that are relevant to Jeana K.'s challenges to the ALJ's decision with the purpose of providing a more focused discussion.

2. Medical Records and Evidence

a. Treating Physicians' Opinions of Jeana K.'s Physical Symptoms

The Administrative Record shows Jeana K. presented before various physicians and other medical professionals between December 27, 2021, and May 23, 2024. See generally Filing 7-2; Filing 8-1; Filing 8-2. The Administrative Record includes the evidence Jeana K. introduced when her applications were before the Appeals Council. See Filing 7-2 at 35-193 (AR 34-192). These additional medical records, dated from November 3, 2022, to May 23, 2024, are considered part of the “record as a whole” for reasons articulated below and are, therefore, referenced to the extent they are relevant to Jeana K.'s challenges.

Jeana K. was first seen by Dr. Farouq Qaqish on March 14, 2022, for “restricted right shoulder movement” and “left shoulder pain for the last couple of weeks.” Filing 8-1 at 17 (AR 514). Jeana K. was diagnosed with “bilateral shoulder pain, unspecified chronicity.” Filing 8-1 at 19 (AR 516).

Jeana K. was referred to Dr. Lindsay Helget of Nebraska Medicine's Rheumatology Department and presented before Dr. Helget on August 25, 2022. Filing 8-1 at 36 (AR 533). In her Progress Notes, Dr. Helget stated that Jeana K. reported joint pain, particularly in her fingers and shoulders. Filing 8-1 at 36 (AR 533). Dr. Helget assessed Jeana K. with arthralgia as to an unspecified joint, right shoulder injury (sequela), and centrilobular emphysema. Filing 8-1 at 39 (AR 536).

Dr. Helget referred Jeana K. to Joel Schmidt, DPT, for a physical therapy evaluation. Filing 8-1 at 81 (AR 578). After the September 7, 2022, evaluation, Schmidt reported that Jeana K. “complains of [right] shoulder pain.... She cannot reach out in front of her or behind her back.

She has difficulty with chores and making food. She feels overall her shoulder is ‘the same' since onset.” Filing 8-1 at 81 (AR 578).

On November 2, 2022, Jeana K. attended an Initial Evaluation with Athletico Physical Therapy. Filing 8-1 at 265 (AR 762). Physical Therapist Meggan Breuer noted that Jeana K. had “significant muscular weakness with testing” and “decreased grip strength,” among other physical limitations. Filing 8-1 at 265, 267 (AR 762, 764). The notes relating to her November 17, 2022, appointment record Jeana K. as “stat[ing] the shoulder is doing good. [Right] shoulder hasn't been painful, [left] has had slight pain.” Filing 8-1 at 252 (AR 749). Jeana K. reported improvement in symptoms and “continue[d] to show improved tolerance with [upper extremity] tasks, reaching, and strength activities” at her November 21, 2022, appointment. Filing 8-1 at 249 (AR 746). Jeana K. was discharged on December 15, 2022. Filing 8-1 at 247 (AR 744).

Dr. Helget also referred Jeana K. to Dr. Catherine Joyce for respiratory problems. Filing 81 at 75 (AR 572). Dr. Joyce assessed Jeana K. on November 3, 2022, and her Pulmonary Medicine Clinic Note shows Jeana K. was diagnosed with chronic obstructive pulmonary disease (COPD) and emphysema. Filing 8-1 at 75 (AR 572). During a follow up visit on March 2, 2023, Dr. Joyce noted that a pulmonary function test (PFT) was performed after the previous visit and showed “mild obstruction.” Filing 8-1 at 138 (AR 635). Dr. Joyce recorded that Jeana K. was using a prescribed inhaler multiple times a day for her respiratory issues and noted that Jeana K. stated that “her symptoms are overall much improved with the use of her inhaler.” Filing 8-1 at 138 (AR 635); see also Filing 8-2 at 28 (AR 831).

Jeana K. followed up with Nebraska Medicine's Rheumatology Department on May 8, 2023, presenting before Dr. Sarah Szybist. Filing 8-1 at 133 (AR 630). Dr. Szybist's Progress Notes record that “[Jeana K.'s] joint pain has remained the same since she was first seen in August of 2022.” Filing 8-1 at 133 (AR 630). Dr. Szybist also stated that “[Jeana K.] reports numbness and tingling in her hand that is intermittent, but cannot identify if it affects specific fingers. She feels like her hands have become more weak over time.” Filing 8-1 at 133 (AR 630). Additionally, Dr. Szybist noted that “[Jeana K.] went to [physical therapy] for her [right] shoulder and has had improvement in her pain.” Filing 8-1 at 134 (AR 631).

Jeana K. presented before Dr. Travis Bailey of Nebraska Spine + Pain Center on referral by Dr. Helget on July 24, 2023. Filing 8-1 at 162 (AR 659). Dr. Bailey commented that Jeana K. was seen for “low back pain and neck pain,” with her “primary concern” being that “her arms will go numb and she feels like she has weakness regularly.” Filing 8-1 at 162 (AR 659)....