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 (from Petition)

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 "non-
severe " in the absence of new and convincing
evidence to contradict existing medical
documentation?

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

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