Opinion

FARLEY v. BISIGNANO

Court
District Court, M.D. North Carolina
Filed
Sep 30, 2025
Cited by
0 cases
Authority
More cited than 39.6%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

MATTHEW F., )

)

Plaintiff, )

)

v. ) 1:24CV307

)

FRANK BISIGNANO, )

Commissioner of Social Security,! )

)

Defendant. )

MEMORANDUM OPINION AND ORDER

OF UNITED STATES MAGISTRATE JUDGE

Plaintiff Matthew F. (“Plaintiff”) brought this action pursuant to Section 205(g) of the

Social Security Act (the “Act”), as amended (42 U.S.C. § 405(g)), to obtain judicial review of a

final decision of the Commissioner of Social Security (“Defendant”) denying his claim for

Disability Insurance Benefits (“DIB”) under Title II of the Act. The parties have filed cross-

motions for judgment, and the administrative record has been certified to the Court for review.

I. PROCEDURAL HISTORY

Plaintiff protectively filed his application for DIB on June 1, 2021, alleging a disability

onset date of May 19, 2021. (Tr. at 20, 294-300.)? His application was denied initially (Tr. at

113-20, 131-35) and upon reconsideration (Tr. at 121-30, 142-61). Thereafter, Plaintiff

1 The United States Senate confirmed Frank Bisignano as the Commissioner of Social Security on May 6, 2025,

and he took the oath of office on May 7, 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedute,

Frank Bisignano should be substituted as the Defendant in this suit. Neither the Court nor the parties need

take any further action to continue this suit by reason of the last sentence of section 205(g) of the Social Security

Act, 42 USS.C. § 405(g).

2 Transcript citations refer to the Sealed Administrative Record [Doc. #5].

requested an administrative heating de novo before an Administrative Law Judge (“ALJ”).

(Tr. at 162-63.) On March 30, 2023, Plaintiff, along with his attorney, attended the subsequent

telephone hearing, at which Plaintiff and an impartial vocational expert (“VE”) testified. (Tr.

at 20, 49-82.) Following the hearing, the AL] concluded that Plaintiff was not disabled within

the meaning of the Act (I'r. at 42-43), and, on February 8, 2024, the Appeals Council denied

Plaintiffs request for review, thereby making the ALJ’s ruling the Commissionet’s final

decision for purposes of judicial review (Tt. at 1-7).

Il. LEGAL STANDARD

Federal law “authorizes judicial review of the Social Security Commissionet’s denial of

social security benefits.” Hines v. Barnhart, 453 F.3d 559, 561 (4th Cir. 2006). However, the

scope of review of such a decision is “extremely limited.” Frady v. Harris, 646 F.2d 143, 144

(4th Cir. 1981). “The courts are not to try the case de novo.” Oppenheim v. Finch, 495 F.2d

396, 397 (4th Cir. 1974). Instead, “a reviewing court must uphold the factual findings of the

ALJ if they are supported by substantial evidence and were teached through application of the

cottect legal standard.” Hancock v. Astrue, 667 F.3d 470, 472 (4th Cir. 2012) (internal

quotation omitted).

“Substantial evidence means ‘such relevant evidence as a reasonable mind might accept

as adequate to support a conclusion.”” Hunter v. Sullivan, 993 F.2d 31, 34 (4th Cir. 1992)

(quoting Richardson v. Perales, 402 U.S. 389, 390 (1971)). “It consists of more than a mete

scintilla of evidence but may be somewhat less than a preponderance.” Mastto v. Apfel, 270

F.3d 171, 176 (4th Cit. 2001) (internal citations and quotation marks omitted). “If there is

evidence to justify a refusal to direct a verdict were the case before a jury, then there is

substantial evidence.” Hunter, 993 F.2d at 34 (internal quotation marks omitted).

“Tn reviewing for substantial evidence, the court should not undertake to re-weigh

conflicting evidence, make credibility determinations, or substitute its judgment for that of the

[ALJ].” Mastro, 270 F.3d at 176 (internal brackets and quotation marks omitted). “Where

conflicting evidence allows reasonable minds to differ as to whether a claimant is disabled, the

responsibility for that decision falls on the ALJ.” Hancock, 667 F.3d at 472. “The issue before

[the reviewing court], therefore, is not whether [the claimant] is disabled, but whether the

ALJ’s finding that [the claimant] is not disabled is supported by substantial evidence and was

teached based upon a cortect application of the relevant law.” Craig v. Chater, 76 F.3d 585,

589 (4th Cir. 1996).

In undertaking this limited review, the Court notes that “[a] claimant for disability

benefits beats the burden of proving a disability.” Hall v. Hartis, 658 F.2d 260, 264 (4th Cir.

1981). In this context, “disability” means 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.” Id. (quoting 42 U.S.C. § 423(d)(1)(A)).3

3 “The Social Security Act comprises two disability benefits programs. The Social Security Disability Insurance

Program (SSDN), established by Title II of the Act as amended, 42 U.S.C. § 401 et seq., provides benefits to

disabled persons who have contributed to the program while employed. The Supplemental Security Income

Program (SSI), established by Title XVI of the Act as amended, 42 U.S.C. § 1381 et seq., provides benefits to

indigent disabled petsons. The statutory definitions and the regulations promulgated by the Secretary for

determining disability, see 20 C.F.R. pt. 404 (SSDI); 20 C.F.R. pt. 416 (SSI), governing these two programs are,

in all aspects relevant here, substantively identical.” Craig, 76 F.3d at 589 1.1.

“The Commissioner uses a five-step process to evaluate disability claims.” Hancock,

667 F.3d at 472 (citing 20 C.F.R. §§ 404.1520(a)(4); 416.920(a)(4)). “Under this process, the

Commissioner asks, in sequence, whether the claimant: (1) worked during the alleged period

of disability; (2) had a severe impairment; (3) had an impairment that met or equaled the

requirements of a listed impairment; (4) could return to her past relevant work; and (5) if not,

could perform any other work in the national economy.” Id.

A finding adverse to the claimant at any of several points in this five-step sequence

forecloses a disability designation and ends the inquiry. For example, “[t]he first step

determines whether the claimant is engaged in ‘substantial gainful activity.’ If the [claimant] is

working, benefits are denied. The second step determines if the claimant is ‘severely’ disabled.

If not, benefits are denied.” Bennett v. Sullivan, 917 F.2d 157, 159 (4th Cir. 1990).

On the other hand, if a claimant carries his or her burden at the first two steps, and if

the claimant’s impairment meets or equals a “listed impairment” at step three, “the claimant

is disabled.” Mastro, 270 F.3d at 177. Alternatively, if a claimant cleats steps one and two,

but falters at step three, ie., “[i]f a claimant’s impairment is not sufficiently severe to equal or

exceed a listed impairment,” then “the AL] must assess the claimant’s residual functional

capacity (RFC’).” Id. at 179.4 Step four then requires the AL] to assess whether, based on

+ “RFC is a measurement of the most a claimant can do despite [the claimant’s] limitations.” Hines, 453 F.3d

at 562 (noting that administrative regulations require RFC to reflect claimant’s “ability to do sustained work-

telated physical and mental activities in a work setting on a regular and continuing basis . . . [which] means 8

hours a day, for 5 days a week, or an equivalent work schedule” (internal emphasis and quotation marks

omitted)). The RFC includes both a “physical exertional or strength limitation” that assesses the claimant’s

“ability to do sedentary, light, medium, heavy, or very heavy work,” as well as “nonexertional limitations

(mental, sensory, or skin impairments).” Hall, 658 F.2d at 265. “RFC is to be determined by the AL] only after

[the ALJ] considers all relevant evidence of a claimant’s impairments and any related symptoms (¢,2., pain).”

Hines, 453 F.3d at 562-63.

that RFC, the claimant can “perform past relevant work”; if so, the claimant does not qualify

as disabled. Id. at 179-80. However, if the claimant establishes an inability to return to prior

wotk, the analysis proceeds to the fifth step, which “requires the [Government] to prove that

a significant number of jobs exist which the claimant could perform, despite the claimant’s

impairments.” Hines, 453 F.3d at 563. In making this determination, the AL] must decide

“whether the claimant is able to perform other work considering both [the claimant’s RFC]

and [the claimant’s] vocational capabilities (age, education, and past work experience) to adjust

to a new job.” Hall, 658 F.2d at 264-65. If, at this step, the Government cannot carry its

“evidentiaty burden of proving that [the claimant] remains able to work other jobs available

in the community,” the claimant qualifies as disabled. Hines, 453 F.3d at 567.

Ill. DISCUSSION

In the present case, the ALJ found that Plaintiff had not engaged in “substantial gainful

activity” since his alleged onset date. (Tr. at 22.) Plaintiff therefore met his burden at step

one of the sequential evaluation process. At step two, the ALJ further determined that Plaintiff

suffered from the following severe impairments:

[B]ipolar disorder, unspecified; schizoaffective disorder, unspecified; insomnia;

and alcoholism|.|

(Tr. at 23.) The ALJ found at step three that none of these impairments, individually or in

combination, met or equaled a disability listing. (Tr. at 23-28.) Therefore, the ALJ assessed

Plaintiffs RFC and determined that he could perform a full range of work at all exertional

levels, but with the following, non-exertional limitations:

[Plaintiff] is limited to unskilled work and should have all safety precautions

[including] no work on ladders, ropes or scaffolds; no work at unprotected

heights or around dangerous moving machinery[; and njo commercial driving.

He retains the capacity to understand and remember simple one and two step

instructions as defined by the Dictionary of Occupational Titles. [Plaintiff]

retains the capacity to concentrate and remain on task on these simple one and

two step jobs for two hour periods over an eight-hour day throughout a forty-

hour workweek with all customary breaks. [He] can have occasional contact

with the general public but no direct contact with the general public such as a

retail sales or information clerk. He retains the social interaction capacity for

routine interactions with coworkers and supervisors on an occasional basis.

at 28.) At step four of the analysis, the AL] determined that all of Plaintiffs past relevant

work exceeded his RFC. (Tr. at 41.) However, the AL] determined at step five that, given

Plaintiffs age, education, work experience, RFC, and the testimony of the VE as to these

factors, he could perform other jobs available in the national economy. (Tr. at 42.) Therefore,

the ALJ concluded that Plaintiff was not disabled under the Act. (Tr. at 42-43.)

Plaintiff now contends that the AL] “erred by failing to apply the correct legal standards

when evaluating [Plaintiffs] psychological impairments.” (PI. Br. [Doc. #12] at 1.) In making

this challenge, Plaintiff primarily argues that the AL] erred in evaluating Plaintiffs symptoms

and the limiting effects of his impairments by relying on the lack of “objective” medical

evidence to support his contentions.

Under the applicable regulations, the AL]’s decision must “contain specific reasons for

the weight given to the individual’s symptoms, be consistent with and supported by the

evidence, and be clearly articulated so the individual and any subsequent reviewer can assess

how the adjudicator evaluated the individual’s symptoms.” Social Security Ruling 16-3p, Titles

and XVI: Evaluation of Symptoms in Disability Claims, SSR 16-3p, 2017 WL 5180304, at

*10 (Oct. 25, 2017) (“SSR 16-3p”); see also 20 C.F.R. § 404.1529. In Arakas v. Commissioner

of Social Security, 983 F.3d 83 (4th Cir. 2020), the Fourth Circuit clarified the procedure an

ALJ must follow when assessing a clatmant’s statements:

When evaluating a claimant’s symptoms, ALJs must use the two-step

framework set forth in 20 C.F.R. § 404.1529 and SSR 16-3p, 2016 WL 1119029

(Mar. 16, 2016). First, the ALJ must determine whether objective medical

evidence presents a “medically determinable impairment” that could reasonably

be expected to produce the claimant’s alleged symptoms. 20 C.F.R. §

404.1529(b); SSR 16-3p, 2016 WL 1119029, at *3.

Second, after finding a medically determinable impairment, the ALJ must assess

the intensity and persistence of the alleged symptoms to determine how they

affect the claimant’s ability to work and whether the claimant is disabled. See 20

C.F.R. § 404.1529(c); SSR 16-3p, 2016 WL 1119029, at *4. At this step,

objective evidence is required to find the claimant disabled. SSR 16-3p, 2016

WL 1119029, at *4-5. SSR 16-3p recognizes that “[s]ymptoms cannot always

be measuted objectively through clinical or laboratory diagnostic

techniques.” Id. at *4. Thus, the ALJ must consider the entire case record and

may “not disregard an individual’s statements about the intensity, persistence,

and limiting effects of symptoms solely because the objective medical evidence

does not substantiate” them. Id. at *5.

983 F.3d at 95. The Fourth Circuit later affirmed and expanded its previous holdings when

issuing Shelley C. v. Commissioner of Social Security, 61 F.4th 341, 361-62 (4th Cir. 2023). In

Shelley C., the Court explained that some conditions, including major depression, do not

manifest themselves in objective signs and symptoms. Id. “[B]Jecause of the unique and

subjective nature of [such impairments], subjective statements from claimants [in these cases]

‘should be treated as evidence substantiating the claimant’s impairment.”’ Id. (quoting Arakas,

983 F.3d at 97-98).

In this case, as noted by Plaintiff, the ALJ included language that appeared to require

supporting objective evidence, in contradiction to the Fourth Circuit’s directives. For

example, when explaining his basis for discounting the severity of Plaintiffs symptoms, the

AL] found as follows:

[Plaintiff] has multiple medically determinable mental impairments that could

reasonably be expected to produce some of the alleged symptoms and

functional limitations; however, the severity of his condition is not supported

by the objective findings. As will be discussed in more detail below, the record

cleatly shows [that Plaintiffs] condition is stable and does not significantly

affect his ability to perform work activity.

at 29 (emphasis added).) The AL] repeatedly noted normal mental status examinations

and unremarkable examinations. (I'r. at 29-32 (citing T’r. at 687-89 (January 8, 2018), 659-86

(April 11, 2018, July 10, 2018, October 1, 2018, January 2, 2019, April 3, 2019, July 2, 2019,

October 2, 2019, January 2, 2020), 643-46 (December 1, 2020)).) These records reflect that in

the years prior to the May 2021 alleged onset date, Plaintiff was suffering with symptoms of

bipolar disorder and schizoaffective disorder, with ongoing adjustments in his medication, but

was generally stable. The records further reflect increasing symptoms after May 2021. At

visits in June 2021, he reported panic episodes with angry outburst and manic episodes, and

on exam his mood was anxious and restless, but the AL] noted the otherwise normal

examination, oriented to time, person, and place. (I'r. at 31 (citing Tr. at 630-38, 625-29).)

Notably, the next month, in July 2021, Plaintiff was involuntarily hospitalized on petition by

the county, based on homicidal ideation and being a danger to himself and others. (Tr. at 31,

694-768.) ‘The ALJ again found that at visits following Plaintiffs release, mental status

examinations were “generally unremarkable” and his providers continued to adjust his

medications. (Tr. at 32.) The ALJ also summarized the consultative examination in September

2021, where Plaintiff reported auditory hallucinations and his belief that other people could

read his mind, but the ALJ also noted that on examination memoty was intact, and stream of

thought was logical and orderly. (Tr. at 33.) The Consultative Examiner, Dr. Lucas, found

that Plaintiff would likely experience intermittent difficulty with stress tolerance and coping

with vocational pressures secondaty to schizoaffective disorder, but the ALJ did not find the

Consultative Examiner’s opinion persuasive. (Tr. at 34,545.) Plaintiff was again hospitalized

for worsening psychiatric symptoms in December 2021, June 2022, July 2022, and August

2022, with three separate psychiatric hospitalizations of roughly 34 days total in the 10-month

petiod prior to the heating, with auditory hallucinations and paranoid delusions. (Tr. at 35-

37, 1054-73, 961-1053, 1078-125, 1126-69.)> However, the AL] again noted examinations that

were “completely unremarkable, other than [Plaintiffs] mood and affect being anxious.” (Tr.

at 35, 37.) In evaluating PlaintifPs symptoms, the ALJ further noted that “[w]hile he

complains people can heat what he is thinking in his mind, he is consistently noted as alert

and oriented x 3.” (Tr. at 38.) The ALJ concluded that “the objective medical evidence

supports that when [Plaintiff] is compllia]nt with his medications and compllfia]nt with his

doctot’s instructions not to self-medicate with beer, his condition significantly improved to

allow him to perform work as noted in the residual functional capacity.” (Tr. at 32.) As noted

above, this analysis appeats to reflect a determination based on the lack of objective medical

evidence supporting Plaintiffs symptoms, and a disregard of his ongoing symptoms of bipolar

disorder and schizophrenia, including auditory hallucinations and paranoia, based on Plaintiff

being oriented to person, place and time and otherwise having what the ALJ viewed as

“unremarkable” examinations.

Moreover, Defendant contends that the AL] properly relied on “Plaintiffs significant

improvement when he was sober and compliant with medication” and the “largely

unremarkable mental status findings when he was compliant.” (Def. Br. [Doc. #13] at 12.)

5 At the hearing, the VE testified that this level of absenteeism would preclude employment and would result

in termination. (Tr. at 76-77.)

On this point, Defendant contends that the ALJ properly emphasized that Plaintiffs episodes

of increased symptomology during the time period at issue primarily stemmed from his failure

to fully comply with medical treatment recommendations, including correct medication usage,

follow-up appointments, and maintaining sobriety. (See, e.g., Tr. at 30, 32-33, 35.) However,

as numerous courts, including those in this Circuit, have explained, an AL] may not rely on

noncompliance to discount the severity of a claimant’s mental impairments without also

considering why the claimant was noncompliant. An ALJ who fails to undertake the second

part of this analysis errs, because it is axiomatic that

noncompliance [itself] may be a symptom of mental illness. See McKoy v. Saul,

No. 7:19-CV-00223-FL, 2020 WL 8084961, at *9 (E.D.N.C. Novy. 22, 2020)

(finding that citing a mental health patient’s medication non-compliance,

without exploring the reasons underlying it, offered little in the way of

substantial evidence to support the AL]’s RFC assessment), report and

recommendation adopted, 2021 WL 76956 (E.D.N.C. Jan. 8, 2021); Turner v.

Saul, No. 5:19-CV-190-D, 2020 WL 3866669, at *7 (E.D.N.C. June 9, 2020)

(“treatment [n]on-compliance may be intentional or a symptom of mental

illness[,] . . . [s]o citing . . . non-compliance, without exploring the reasons

underlying it, offers little in the way of substantial evidence to uphold the RFC

determination.) (citing Pate-Fires v. Astrue, 564 F.3d 935, 945-46 (8th Cir.

2009) (“[N]Joncompliance with psychiatric medications can be, and usually is,

the result of the mental impairment itself, and, therefore, neither willful nor

without a justifiable excuse. ... Courts considering whether a good reason

supports a claimant’s failure to comply with prescribed treatment have

recognized psychological and emotional difficulties may deprive a claimant of

the rationality to decide whether to continue treatment or medication.”’)), report

and recommendation adopted, 2020 WL 3840510 (E.D.N.C. July 8, 2020).

Furthermore, SSR 16-3p requires the AL] to consider possible reasons for

failure to comply with treatment before finding an indtvidual’s symptoms

inconsistent with the evidence of record on that basis. 2017 WL 5180304, at

*9—10 (Oct. 25, 2017).

Howe v. Kijakazi, No. 7:22-CV-66-FL, 2023 WL 5363719, at *5 (E.D.N.C. July 31, 2023).

Here, the AL] determined that “the objective medical evidence supports that when

[Plaintiff] is compl{ia]nt with his medications and compl|ia]nt with his doctotr’s instructions to

10

not self-medicate with beer, his condition significantly improved to allow him to perform work

as noted in the [RFC].” (Ir. at 32.) However, at no point did the ALJ explore the reasons for

PlaintifPs non-compliance. This failure is particularly problematic in the present case, which

involves only mental impairments, including bipolar disorder, schizoaffective disorder, and

alcoholism, all of which may impair rational decision-making. (Tr. at 23.) Moreover, the

record chronicles that Plaintiffs providers adjusted his medications many times throughout

the period at issue in an effort to address his ongoing problems with depression, manic

episodes, anxiety, anger, insomnia, paranota, and auditory hallucinations, as well as side effects

from the medications themselves. Although Plaintiff did experience some brief periods of

improvement when compliant with his treatment advice, he also required inpatient psychiatric

cate on at least four occasions during the alleged disability period, with ongoing hallucinations,

patanoia, and manic behavior. The record further reveals that, in between appointments and

hospitalizations, Plaintiff titrated his medications up and down, sometimes at the advice of his

providers and sometimes on his own, in an apparent attempt to better control his symptoms.

(Tr. at 35.) These records generally support Plaintiffs contention that the medication would

work for a time but would then stop working as well, requiting ongoing adjustment, with

significant deterioration after each hospitalization. ‘Thus, it is not clear that there is even

substantial evidence that Plaintiff was noncompliant, or whether the medication simply

stopped working over time. Moreover, even if there were periods of medication

noncompliance, the AL] never addressed whether Plaintiffs non-compliance was (1) a willful

act ot (2) a manifestation of his mental illness, particularly the paranoia and disordered

11

thinking associated with his schizophrenia. Without this analysis, substantial evidence fails to

support the AL]J’s decision.

Similarly, the ALJ focused extensively on Plaintiffs use of alcohol (I'r. at 56, 57, 58-59,

69, 29, 31, 35), and the record reflects that Plaintiff used alcohol at times “in an attempt to

self-medicate” as noted by the Consultative Examiner. (Ir. at 545.) The ALJ therefore

discounted Plaintiffs hospitalizations and significant mental health symptoms to the extent

Plaintiff consumed alcohol. However, the ALJ did not undertake the required analysis for

evaluating cases involving alcoholism. Specifically, a claimant cannot be considered disabled

for Social Security purposes if alcoholism and/or drug addiction is “a contributing factor

material to the Commissioner’s determination that the individual is disabled.” 42 U.S.C.

§ 423(d)(2)(C). To determine whether this is the case, the regulations provide as follows:

(1) The key factor we will examine in determining whether drug addiction or

alcoholism is a contributing factor material to the determination of disability is

whether we would still find you disabled if you stopped using drugs or alcohol.

(2) In making this determination, we will evaluate which of your current physical

and mental limitations, upon which we based our current disability

determination, would remain if you stopped using drugs or alcohol and then

determine whether any or all of your remaining limitations would be disabling.

(1) If we determine that your remaining limitations would not be

disabling, we will find that your drug addiction or alcoholism is a

contributing factor material to the determination of disability.

(it) If we determine that your remaining limitations are disabling,

you ate disabled independent of your drug addiction or

alcoholism and we will find that your drug addiction or

alcoholism is not a contributing factor material to the

determination of disability.

20 C.F.R. § 404.1535(b). In other words, § 404.1535 describes a two-step process, which has

been further codified and clarified in Social Security Ruling 13-2p. Social Security Ruling 13-

12

2p, Titles I] And XVI: Evaluating Cases Involving Drug Addiction And Alcoholism (DAA),

SSR 13-2p, 2013 WL 621356 (Feb. 20, 2013) (“SSR 13-2p”). As part of that two-step process,

an AL] “must first make a determination as to disability by following the five-step sequential

evaluation process, ‘without segregating out any effects that might be due to substance use

disorders.” Piccini v. Comm’r of Soc. Sec., No. 13-CV-3461 AJN SN, 2014 WL 4651911, at

*12 (S.D.N.Y. Sept. 17, 2014) (quoting Brueggemann v. Barnhart, 348 F.3d 689, 694 (8th Cir.

2003)). If the ALJ finds the claimant disabled based on symptomology alone, he must then

follow the five-step sequential analysis a second time to determine “whether the claimant

would still be considered disabled if [she] stopped abusing drugs or alcohol.” See Piccini, 2014

WL 4651911, at *12.

In this case, the AL] never explicitly considered the materiality of Plaintiffs substance

abuse disorders as prescribed by 20 C.F.R. § 404.1535(b) and SSR 13-2p. The ALJ clearly

included alcoholism among Plaintiffs severe impairments at step two of the sequential

analysis, but ultimately concluded that the records “do not show continuous and heavy

substance abuse to such a point that the alcohol abuse 1s a contributing factor to his disability.”

(Tr. at 38.)° The AL] nevertheless repeatedly considered PlaintifPs use of alcohol in

6 ... [BJefore evaluating whether polysubstance abuse is a contributing fact to a finding of

disability, the ALJ must first conduct the regular five-step disability inquiry to determine if a

claimant is disabled, including as part of this inquiry the impact of any alcoholism or drug

addiction. It is only after that point, if the ALJ finds that the claimant is disabled and there is

“medical evidence of [his or her] drug addiction or alcoholism,” that the AL] then proceeds

under § 404.1535 to determine whether the clatmant “would still [be found] disabled if [he or

she] stopped using alcohol or drugs.” 20 C.F.R §§ 404.1535, 416.935; see Bustamante v.

Massanari, 262 F.3d 949, 955 (9th Cir. 2001); Drapeau v. Massanari, 255 F.3d 1211, 1213 (10th

Cir. 2001); Fennell v. Astrue, No. 4:09-3051—JFA-TER, 2011 WL 1049094, at *4 (D.S.C, Mar.

21, 2001); Puffenbarger v. Commissioner, No. 1:09CV77, 2010 WL 3521583, at *3 (N.D.W.

Va. Sept. 7, 2010). Stated another way, if the AL] finds that a Plaintiffs condition is disabling,

he is then required to determine whether the Plaintiff's alcohol and substance abuse was a

contributing factor material to the determination of disability, as disability due to drug

13

discounting the symptoms of his bipolar disorder and schizophrenia, and “it is not clear from

the AL]’s decision that he actually went through the full five-step sequential evaluation first

with an eye ‘strictly [on the] symptoms, not [the] causes,” as requited by the regulations.

Morales v. Colvin, No. 13 CIV. 06844 LGS DF, 2015 WL 2137776, at *25 (S.D.N.Y. May 4,

2015) (quoting Newsome v. Astrue, 817 F. Supp. 2d 111, 134 (E.D.N.Y. 2011)). Significantly,

despite noting Plaintiffs hospitalization for significant psychiatric deterioration and ongoing

psychiatric symptoms, the AL] discounted these symptoms based on the objective evidence

from examinations when Plaintiff was not using alcohol, and concluded that “the objective

medical evidence supports that when [Plaintiff] is complfia]nt with his medications and

complfiajnt with his doctor’s instructions to not self-medicate with beer, his condition

significantly improved to allow him to perform work as noted in the [RFC].” (Ir. at 32.)

Thus, it appears that the AL]’s focus on alcohol abuse as a “cause” of Plaintiffs mental health

symptoms led him to improperly discount the evidence of disabling psychiatric symptoms in

the record. At the very least, it is “not entirely clear that the AL] would have . . . reached the

same conclusion had he adhered to the regulations.” Morales, 2015 WL 2137776, at *27.

addiction and alcoholism is not a proper basis for an award of benefits under the Social

Security Act if the addiction is a contributing factor material to the determination of disability.

42 US.C. §§ 423(d)(2)(c), 1382c (a)(3)(J); see also 20 C.F.R. § 416.935. See also Farkas v.

Astrue, No. 11-242, 2012 WL 750547, at * 2 (M.D. Fla. Mar. 8, 2012) (“The Regulations make

clear that a finding of disability is a condition precedent to the application of [the law requiring a

determination of whether alcohol or drug addiction is a contributing factor material to the

determination of disability]”] (emphasis added).

Hundley v. Colvin, No. CV 9:14-4115-BHH-BM, 2016 WL 423548, at *5 (D.S.C. Jan. 12, 2016), report and

recommendation adopted, No. CV 9:14-4115-BHH, 2016 WL 404075 (D.S.C. Feb. 3, 2016).

Notably, at least some of his hospitalizations reflect no alcohol use prior to the hospitalization (T'r. at 1055),

and others reflect the potential that increased psychiatric symptoms came before and potentially triggered the

alcohol use that then caused further deterioration. These ate the types of issues that would be more fully and

appropriately considered using the process set out in the regulations and in SSR 13-2p.

14

“The Coutt is mindful that, when the proper legal analysis is followed, the ALJ may

conclude that substantial evidence supports a finding of no disability. But to assume that

conclusion ‘creates an unacceptable risk that a claimant will be deprived of the right to have

her disability determination made according to the correct legal principles.”’ Piccini, 2014 WL

4651911, at *16 (quoting Schaal v. Apfel, 134 F.3d 496, 504 (2d Cir. 1998)). Accordingly, upon

remand, “[t]he AL] must base his initial disability determination on substantial evidence of

[Plaintiff's] medical limitations without deductions for the assumed effects of substance abuse

disorders.” Brueggemann, 348 F.3d at 694. Then, and only then, may the ALJ separately

determine whether Plaintiffs substance abuse constitutes a contributing factor material to that

determination. See also Hundley, 2016 WL 423548, at *5, *7 (similarly concluding that remand

was required so that substance abuse could be properly evaluated using the process set out in

SSR 13-2p). §

§ The Court notes that in determining materiality in the context of other mental disorders, SSR 13-2p provides

additional guidance:

7. What do we do of the claimant's co-occurring mental disorder(s) improve in the absence of DAA?

a. Many people with DAA have co-occurring mental disorders; that is, a mental disorder(s)

diagnosed by an acceptable medical source in addition to their DAA. We do not know of any

research data that we can use to predict reliably that any given claimant's co-occurring mental

disorder would tmprove, or the extent to which it would improve, if the claimant were to stop

using drugs or alcohol.

b. To support a finding that DAA is material, we must have evidence in the case record that

establishes that a claimant with a co-occurring mental disordet(s) would not be disabled in the

absence of DAA. Unlike cases involving physical impairments, we do not permit adjudicators

to rely exclusively on medical expertise and the nature of a clatmant’s mental disorder.

c. We may purchase a CE in a case involving a co-occurring mental disorder(s). We will

purchase CEs primarily to help establish whether a claimant who has no treating source

records has a mental disorder(s) tn addition to DAA. See Question 8. We will provide a copy

of this evidence, or a summary, to the CE provider.

d. We will find that DAA is not material to the determination of disability and allow the claim

if the record is fully developed and the evidence does not establish that the claimant’s co-

occurring mental disorder(s) would improve to the point of nondisability in the absence of

DAA.

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Thus, remand is required in light of the ALJ’s disregard of Plaintiffs psychiatric

symptoms based on a lack of “objective medical evidence,” particularly the lack of objective

medical evidence when Plaintiff was compliant with his medications and not using alcohol,

reflecting an appatent requirement of objective medical evidence in evaluating Plaintiffs

symptoms and a related failure to consider the treason for medication noncompliance and

failure to undertake the proper analysis for considering Plaintiffs use of alcohol.

IT IS THEREFORE ORDERED that the Commissioner’s decision finding no

disability be REVERSED, that Defendant’s Dispositive Brief [Doc. #13] be DENIED, that

Plaintiffs Disposittve Brief [Doc. #12] be GRANTED, and that this action be REMANDED

for further consideration in accordance with the directives set out herein.

This, the 30 day of September, 2025.

Lda.

nited States Magistrate Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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