No. 25-345

Ivy Darlene Johnson v. Frank Bisignano, Commissioner of Social Security

Lower Court: Ninth Circuit
Docketed: 2025-09-23
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law disability-determination due-process medical-evidence residual-functional-capacity social-security
Key Terms:
SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2025-11-07
Question Presented (AI Summary)

Whether an Administrative Law Judge (ALJ) violates a claimant's due process rights by omitting or discounting documented medical evidence when determining disability severity

Question Presented (OCR Extract)

1. Whether an Administrative Law Judge (ALJ) violates a claimant ’s ,due process rights, guaranteed by the Fifth Amendment, and fails to adequately develop the record by omitting or discounting documented medical evidence that does not support the Commissioner ’s decision to find the claimant ’s affective disorder, hypertension, and asthma “non-severe, ” in violation of federal laws and regulations, including Sections 205(a) (42 U.S.C. § 405(a)) and 223(a)(d)(5)(C)(i) of the Social Security Act and 20 CFR §§ 404.1527, 404.1512, 404.935, and 416.1435? 2. Whether an ALJ ’s reliance on arguments not supported by new and convincing evidence, despite contradictory medical evidence in the record, constitutes reversible error in determining the claimant ’s residual functional capacity? 3. Whether an ALJ commits reversible error by finding a claimant ’s hypertension “nonsevere ” in the absence of new and convincing evidence to contradict existing medical documentation?

Docket Entries

2025-11-10
Petition DENIED.
2025-10-08
DISTRIBUTED for Conference of 11/7/2025.
2025-09-30
Waiver of right of respondent Bisignano, Frank to respond filed.
2025-09-17
Petition for a writ of certiorari filed. (Response due October 23, 2025)
2025-09-17
Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.

Attorneys

Bisignano, Frank
D. John SauerSolicitor General, Respondent
Ivy Darlene Johnson
Ivy Darlene Johnson — Petitioner