Rojas v. Berryhill
Rojas v. Berryhill
Opinion of the Court
Plaintiff Yzi Del Carmen Rojas brings this action against the Acting Commissioner *669of Social Security, Nancy A. Berryhill, seeking disability insurance benefits pursuant to Title II of the Social Security Act ("SSA"),
I. LEGAL STANDARDS
A. Report and Recommendations.
A court "may accept, reject, or modify, in whole or in part, the findings or recommendations" set forth in a magistrate judge's report.
Because the parties have not filed written objections in this action, this Court reviews the Report for clear error.
B. Rule 12(c) Judgment on the Pleadings.
A party may move for judgment on the pleadings "if, from the pleadings, the moving party is entitled to judgment as a matter of law." Burns Int'l Sec. Serv., Inc. v. Int'l Union, United Plant Guard Workers ,
C. Review of the ALJ's Decision
In reviewing a denial of social security benefits, a district court must determine whether the decision is "supported *670by substantial evidence[.]" Schaal v. Apfel ,
II. MAGISTRATE JUDGR FREEMAN'S REPORT
A. The Administrative Law Judge Did Not Fully Develop The Record.
The Social Security Administration denied Plaintiff's application for Social Security Benefits on June 11, 2014, after which Plaintiff requested a hearing before an ALJ. (Report at 2.) ALJ Kieran McCormack's April 6, 2016 decision found that, despite Plaintiff's physical impairments, "she had the residual functional capacity ('RFC') to perform light work, including her past work as a housekeeper[.]" (Id. ) Accordingly, because ALJ McCormack determined that Plaintiff had the capacity to perform some work, he determined that she was not disabled under the SSA. (See
First, remand is warranted because ALJ McCormack's finding that Plaintiff could have reprised her work as a housekeeper was premature. As Magistrate Judge Freeman states, the record is devoid of an opinion from a treating physician or examiner as to whether Plaintiff would require "a significant number of rest breaks, of a significant duration, during a typical work day." (Id. at 39, 53-55.) Magistrate Judge Freeman also accurately found that ALJ McCormack's conclusion that Plaintiff's complaints of her symptoms were not credible "lacked support in the medical record." (Id. at 50.) For example, ALJ McCormack first discounted Plaintiff's statements regarding her symptoms because he found that Plaintiff received "conservative treatment" but "did not require hospitalizations." (Id. at 51.) This finding is inconsistent with Plaintiff's medical records, however, which indicate that she was hospitalized in July 2013. (See
III. CONCLUSION
For the foregoing reasons, Magistrate Judge Freeman's Report is ADOPTED in full. Plaintiff's motion for remand pursuant to Rule 12(c), (ECF No. 16 ), is GRANTED. Defendant's motion for judgment on the pleadings, (ECF No. 18 ), is DENIED. The Clerk of Court is directed to close the motions, accordingly.
SO ORDERED.
A more complete procedural and factual background is set forth in greater detail in the Report and is incorporated by reference herein.
Magistrate Judge Freeman also correctly determined that this case should be remanded to determine whether ALJ McCormack's reliance on "Medical Vocational Guidelines ('Grids')" was appropriate because the Grids may not have been an adequate assessment of Plaintiff's ability to work. (See Report at 19-20, 56-57.)
Reference
- Full Case Name
- Yzi Del Carmen ROJAS v. Nancy A. BERRYHILL, Acting Commissioner of Social Security
- Cited By
- 19 cases
- Status
- Published