Bates v. Berryhill

          REPORT AND RECOMMENDATION

          BARBARA D. HOLMES, United States Magistrate Judge

         Plaintiff filed this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) to obtain judicial review of the final decision of the Social Security Administration (“Commissioner”) denying Plaintiff's claim for period of disability, Disability Insurance Benefits (“DIB”), and Supplemental Security Income (“SSI”) as provided under Title II and XVI of the Social Security Act (“the Act”). The case is currently pending on Plaintiff's motion for judgment on the administrative record (Docket Entry No. 12), to which Defendant has filed a response. Docket Entry No. 14.

         Upon review of the administrative record as a whole and consideration of the parties' filings, the Court recommends that Plaintiff's motion for judgment on the administrative record (Docket Entry No. 12) be GRANTED, the decision of the Commissioner be REVERSED, and this matter be REMANDED for further administrative proceedings consistent with this Report.

         I. INTRODUCTION

         Plaintiff filed an application for a period of disability, DIB, and SSI on July 9, 2012. See Transcript of the Administrative Record (Docket Entry No. 8) at 108-09.^[2] She alleged a disability onset date of September 1, 2011. AR 108-09. Plaintiff asserted that she was unable to work because of migraines, right foot surgeries, depression, and post-traumatic stress disorder (“PTSD”). AR 150, 154.

         Plaintiff's applications were denied initially and upon reconsideration. AR 108-09, 142-43. Pursuant to her request for a hearing before an administrative law judge (“ALJ”), Plaintiff appeared with counsel and testified at a hearing before ALJ Scott C. Shimer on April 29, 2014. AR 38. The ALJ subsequently denied the claim on August 22, 2014. AR 6-8. The Appeals Council denied Plaintiff's request for review of the ALJ's decision on November 24, 2015 (AR 1-3), thereby making the ALJ's decision the final decision of the Commissioner. This civil action was thereafter timely filed, and the Court has jurisdiction. 42 U.S.C. § 405(g).

         II. THE ALJ FINDINGS

         The ALJ issued an unfavorable decision and made the following enumerated findings based upon the record:

1. The claimant meets the insured status requirements of the Social Security Act through March 31, 2014.

2. The claimant has not engaged in substantial gainful activity since September 1, 2011, the alleged onset date. (20 CFR 404.1571 et seq., and 416.971 et seq.).

3. The claimant has the following severe impairments: history of foot surgery; migraine headaches; status post left distal radius fracture; obesity; depression; and anxiety/posttraumatic stress disorder (20 CFR 404.1520(c) and 416.920(c)).

4. The claimant does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 CFR part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925 and 416.926).

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5. After careful consideration of the entire record, I find that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) and 416.967(b) except that the claimant has nonexertional limitations. Specifically, she can perform occasional pushing and pulling with the right lower extremity. In addition, the claimant can frequently balance, stoop, kneel, crouch, crawl, and climb ramps and stairs. The claimant cannot climb ladders, ropes, or scaffolds. The claimant can perform frequent handling and grasping with the left, non-dominant upper extremity. The claimant also can perform simple, routine, and repetitive tasks. She can perform low-level detailed tasks, but she cannot make independent decisions at an executive level. The claimant is limited to jobs that require no contact with the general public and require only occasional contact with coworkers and supervisors.

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6. The claimant is unable to perform any past relevant work (20 CFR 404.1565 and 416.965).

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7. The claimant was born on December 17, 1970 and was 40 years old, which is defined as a younger individual age 18-49, on the alleged disability onset date (20 CFR 404.1563 and 416.963).

8. The claimant has a limited education and is able to communicate in English (20 CFR 404.1564 and 416.964).

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9. Transferability of job skills is not material to the determination of disability because using the Medical-Vocational Rules as a framework supports a finding that the claimant is “not disabled, ” whether or not the claimant has transferable job skills (See SSR 82-41 and 20 CFR Part 404, Subpart P, Appendix 2).

10. Considering the claimant's age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the claimant can perform (20 CFR ...