Cherry v. Bisignano

Case: 25-60243 Document: 54-1 Page: 1 Date Filed: 02/10/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-60243 ____________ FILED February 10, 2026 Devin P. Cherry, Lyle W. Cayce Clerk Plaintiff—Appellant, versus Frank Bisignano, Commissioner of Social Security Administration, Defendant—Appellee. ______________________________ Appeal from the United States District Court for the Southern District of Mississippi USDC No. 2:23-CV-91 ______________________________ Before Stewart, Graves, and Oldham, Circuit Judges.

Per Curiam: * Devin Cherry appeals the Commissioner’s denial of his Social Security benefits. He argues that new evidence submitted to the Appeals Council warranted remand to the administrative law judge (“ALJ”); that the ALJ exceeded within her discretion by denying Cherry’s request for a consultative examination; and that the ALJ failed to consider whether Cherry could maintain employment for a significant period of time. We review the _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-60243 Document: 54-1 Page: 2 Date Filed: 02/10/2026

No. 25-60243

Commissioner’s decision for substantial evidence. Webster v. Kijakazi, 19 F.4th 715, 718 (5th Cir. 2021). Cherry has failed to identify reversible error.

AFFIRMED.