Herb v. Comm'r of Soc. Sec.
Herb v. Comm'r of Soc. Sec.
Opinion of the Court
INTRODUCTION
Represented by counsel, Plaintiff John Arthur Herb ("Plaintiff") brings this action pursuant to Title XVI of the Social Security Act (the "Act"), seeking review of the final decision of the Commissioner of Social Security (the "Commissioner," or "Defendant") denying his application for supplemental security income ("SSI"). (Dkt. 1). This Court has jurisdiction over the matter pursuant to
BACKGROUND
Plaintiff protectively filed his application for SSI on December 20, 2010. (Dkt. 7 at 20, 80).
Thereafter, Plaintiff appealed his case to the United States District Court for the Western District of New York, and on May 12, 2015, the Court issued a Decision and Order remanding the case to the Commissioner for further administrative proceedings. (Id. at 599-617). A second administrative hearing was held before ALJ Timothy M. McGuan in Buffalo, New York, on September 22, 2017. (Id. at 532, 559-78). On January 19, 2018, the ALJ issued an unfavorable decision. (Id. at 529-50). This action followed.
LEGAL STANDARD
I. District Court Review
"In reviewing a final decision of the [Social Security Administration ("SSA") ], this Court is limited to determining whether the SSA's conclusions were supported by substantial evidence in the record and were based on a correct legal standard." Talavera v. Astrue ,
II. Disability Determination
An ALJ follows a five-step sequential evaluation to determine whether a claimant is disabled within the meaning of the Act. See Bowen v. City of New York ,
At step three, the ALJ examines whether a claimant's impairment meets or medically equals the criteria of a listed impairment in Appendix 1 of Subpart P of Regulation No. 4 (the "Listings").
The ALJ then proceeds to step four and determines whether the claimant's RFC permits the claimant to perform the requirements of his or her past relevant work.
DISCUSSION
I. The ALJ's Decision
In determining whether Plaintiff was disabled, the ALJ applied the five-step sequential evaluation set forth in
At step two, the ALJ found that Plaintiff suffered from the severe impairments of: major depressive disorder ; anxiety disorder; personality disorder; attention deficit/hyperactivity disorder (ADHD); and schizoid personality disorder. (Id. ). The ALJ further found that Plaintiff's medically determinable impairments of acne, hypertension, sleep apnea, fullness of supraclavicular fossa, fatty liver infiltration, migraines, and history of substance abuse were non-severe. (Id. ).
At step three, the ALJ found that Plaintiff did not have an impairment or combination of impairments that met or medically equaled the severity of any Listing. (Id. ). The ALJ particularly considered the criteria of Listings 12.04, 12.05, 12.06, 12.08, and 12.11 in reaching his conclusion. (Id. at 535-37).
Before proceeding to step four, the ALJ determined that Plaintiff retained the RFC to perform a full range of work at all exertional levels, with the additional limitations that Plaintiff:
can only occasionally interact with the public; can frequently interact with coworkers and supervisors; and can occasionally understand, remember, and carry out complex and detailed tasks.
(Id. at 537). At step four, the ALJ found that Plaintiff had no past relevant work. (Id. at 548).
At step five, the ALJ relied on the testimony of a vocational expert ("VE") to conclude that, considering Plaintiff's age, education, work experience, and RFC, there were jobs that exist in significant numbers in the national economy that Plaintiff could perform, including the representative occupations of cleaner and mail room clerk. (Id. at 549). Accordingly, the ALJ found that Plaintiff was not disabled as defined in the Act. (Id. at 549-50).
II. Remand of this Matter for Further Proceedings is Necessary
Plaintiff asks the Court to reverse or, in the alternative, remand this matter to the Commissioner, arguing: (1) the ALJ erred by failing to address the opinion of Sandra Jensen, Ph.D., that Plaintiff had mild-to-moderate limitations for making decisions and dealing with stress, and failed to incorporate these limitations into the RFC; (2)
*446the ALJ erred in evaluating Plaintiff's subjective complaints; and (3) the ALJ improperly evaluated the psychometric testing conducted by Gary DiNezza, Ph.D. and Gwendoline Lander, M.A. (Dkt. 10-1 at 12-20). For the reasons set forth below, the Court finds that the ALJ erred by failing to explain how Plaintiff's limitations for making appropriate decisions and appropriately dealing with stress are incorporated into the RFC. This error necessitates remand for further proceedings.
A. Assessment of Dr. Jensen's Opinion
Plaintiff underwent an examination by Dr. Jensen, a consultative examiner, on March 22, 2011. (Dkt. 7 at 314-18). At the examination, Plaintiff reported that "[h]e feels worthlessness, concentration difficulties, social withdrawal, isolation, and self-mutilation," and that he "stares a lot and obsesses about things." (Id. at 315). Dr. Jensen noted that Plaintiff's anxiety-related symptoms "include excessive apprehension and worry." (Id. ). After a mostly normal mental status examination, Dr. Jensen opined that Plaintiff:
is able to follow and understand simple directions and instructions, perform simple tasks independently, maintain attention and concentration, maintain a regular schedule, learn new tasks, and perform complex tasks independently within normal limits. His ability to make appropriate decisions, relate adequately with others, and appropriately deal with stress would be mildly to moderately impaired because of psychiatric issues.
The results of the present examination appear to be consistent with psychiatric issues that do appear to interfere with his ability to function on a daily basis to some degree.
(Id. at 317). Dr. Jensen also found that Plaintiff "needs a relatively high level of psychiatric intervention at this point and to be on medications that help him better. He would benefit from cognitive behavioral therapy to manage his mood and then have vocational training and rehabilitation." (Id. at 318).
The ALJ gave "great weight" to Dr. Jensen's opinion, based on Dr. Jensen's personal examination of Plaintiff, for which objective testing was largely unremarkable. (Id. at 547-48). The ALJ further found that Dr. Jensen's opinion was consistent with other evidence in the record, including Plaintiff's GAF scores of 65-69, which are consistent with only mild symptoms, as well as the recommendations of Drs. Reyes and Gokhale that Plaintiff had mild symptoms and should seek vocational counseling and be more active. (Id. ). The ALJ explained that he gave Plaintiff "some benefit of the doubt" in limiting him to low public contact work and the occasional performance of complex tasks.
Plaintiff contends that, despite giving Dr. Jensen's opinion "great weight," the ALJ failed to address, or incorporate into the RFC, Dr. Jensen's opinion that Plaintiff had mild-to-moderate limitations for making appropriate decisions and appropriately dealing with stress. In response, Defendant argues that the RFC accounts for Plaintiff's mild-to-moderate difficulties with decision making and dealing with stress, as the RFC includes "several social limitations," and limits Plaintiff "to only occasionally understanding, remembering, and carrying out complex and detailed tasks." (Dkt. 14-1 at 24). Accordingly, the issue is whether the RFC, which limits Plaintiff to occasional interaction with the public, frequent interaction with coworkers and supervisors, and occasional understanding, remembering, and carrying out of complex and detailed tasks, accounts *447for his mild-to-moderate limitations in decision-making and dealing with stress.
"Because stress is highly individualized, mentally impaired individuals may have difficulty meeting the requirements of even so-called low-stress jobs, and the Commissioner must therefore make specific findings about the nature of a claimant's stress, the circumstances that trigger it, and how those factors affect his [or her] ability to work." Collins v. Colvin , No. 15-CV-423-FPG,
The Court is cognizant that, even without explicitly referencing a stress limitation, an RFC determination may adequately account for a claimant's stress-related limitations. For example, an RFC limiting a plaintiff to occasional interaction with co-workers and the public, and to the performance of simple, routine tasks, may account for the plaintiff's stress-related limitations. See Ridosh v. Berryhill , No. 16-CV-6466L,
While the RFC, which contains some social limitations, appears to account for Dr. Jensen's opinion that Plaintiff has mild-to-moderate difficulty relating adequately with others, the Court concludes *448that the RFC does not account for Plaintiff's decision-making or stress-related limitations as they are defined by Dr. Jensen. "It is plainly improper for an ALJ to cherry-pick evidence that supports a finding of not-disabled while ignoring other evidence favorable to the disability claimant." Starzynski v. Colvin , No. 1:15-cv-00940(MAT),
Defendant further contends that "the jobs the ALJ found Plaintiff could perform as the basis of his denial of benefits are both unskilled jobs suitable for claimants with limitations to even low stress work." (Dkt. 14-1 at 26). The ALJ found that Plaintiff could perform the jobs of cleaner and mail room clerk. (Dkt. 7 at 549). However, as explained above, "[b]ecause stress is highly individualized, mentally impaired individuals may have difficulty meeting the requirements of even so-called low-stress jobs, and the Commissioner must therefore make specific findings about the nature of a claimant's stress, the circumstances that trigger it, and how those factors affect his [or her] ability to work." Collins,
Accordingly, remand is required. See Cooley,
B. Plaintiff's Remaining Arguments
As set forth above, Plaintiff has identified additional reasons why he contends the ALJ's decision was not supported by substantial evidence. However, because the Court has already determined, for the reasons previously discussed, that remand of this matter for further administrative proceedings is necessary, the Court declines to reach these issues. See, e.g. , *449Bell v. Colvin , No. 5:15-CV-01160 (LEK),
CONCLUSION
For the foregoing reasons, Plaintiff's motion for judgment on the pleadings (Dkt. 10) is granted to the extent that the matter is remanded for further administrative proceedings. Defendant's motion for judgment on the pleadings (Dkt. 14) is denied. The Clerk of Court is directed to enter judgment and close this case.
SO ORDERED.
When referencing the page number(s) of docket citations in this Decision and Order, the Court will cite to the CM/ECF-generated page numbers that appear in the upper righthand corner of each document.
The Court notes that Christine Ransom, Ph.D., a consultative examiner, examined Plaintiff on September 10, 2015, and found that he had "mild difficulty" for appropriately dealing with stress, due to major depressive disorder and panic disorder with agoraphobia. (Dkt. 7 at 745-48). Dr. Ransom's report notes that Plaintiff experienced panic attacks followed by a depressed mood. (Id. at 745). The ALJ gave Dr. Ransom's opinion "great weight." (Id. at 547-48).
Reference
- Full Case Name
- John Arthur HERB v. COMMISSIONER OF SOCIAL SECURITY
- Cited By
- 43 cases
- Status
- Published