DOUGLAS F. McCORMICK, Magistrate Judge.
Plaintiff Ellen Lee Gilfoy ("Plaintiff") appeals from the final decision of the Administrative Law Judge ("ALJ") denying her application for Social Security disability benefits. On appeal, the Court concludes that the ALJ erred by failing to consider whether Plaintiff's carpal tunnel syndrome was a severe impairment. Therefore, the ALJ's decision is reversed and the matter is remanded for further proceedings consistent with this opinion.
Plaintiff filed an application for Social Security disability insurance benefits on January 19, 2012, alleging disability beginning September 16, 2006. Administrative Record ("AR") 144-45. Plaintiff's date last insured was December 31, 2011. AR 30. After Plaintiff's application was denied, she requested a hearing before an ALJ. AR 91-92. On September 17, 2013, Plaintiff, who was represented by counsel, appeared and testified at the hearing. AR 40-63. On October 9, 2013, the ALJ issued an unfavorable decision. AR 25-39. In reaching his decision, the ALJ found that Plaintiff had the medically determinable impairments of fibromyalgia, migraine headaches, osteoarthritis, gastroesophageal reflux disease, irritable bowel syndrome, obesity, osteopenia, degenerative joint disease of the bilateral knees, right wrist fracture, fracture of cuboid bone, and left shoulder impingement. AR 30. However, the ALJ determined that Plaintiff did not have a severe impairment or combination of impairments that significantly limited her ability to perform basic work-related activities. AR 31. After the Appeals Council denied Plaintiff's request for review, AR 5-10, this action followed.
The parties dispute whether the ALJ's finding of a non-severe impairment is supported by substantial evidence and is free of legal error.
Plaintiff contends that the ALJ improperly rejected the findings of a nerve conduction study when finding a lack of objective evidence to show that Plaintiff's carpal tunnel syndrome was a medically determinable impairment. JS at 7. The Court agrees.
"In step two of the disability determination, an ALJ must determine whether the claimant has a medically severe impairment or combination of impairments."
Here, the ALJ noted that although Plaintiff was diagnosed with carpal tunnel syndrome before the date last insured, "there were no medical signs or laboratory findings to substantiate the existence of a medically determinable impairment." AR 30. However, a December 2012 nerve conduction study revealed "very severe RIGHT median neuropathy at the wrist," with median nerve showing "severe axonal loss," as well as "moderate LEFT median neuropathy at the wrists with borderline axonal loss of the motor fibers of the median nerve." AR 456. The ALJ refused to consider the December 2012 nerve conduction study solely because the study was not within the relevant time period. AR 30 (citing AR 456-58). While the ALJ must consider only impairments Plaintiff had before the date last insured, "`medical evaluations made after the expiration of a claimant's insured status are relevant to an evaluation of the pre-expiration condition.'"
The ALJ concluded that Plaintiff did not have an impairment or combination of impairments that significantly limited her ability to perform basic work activities without considering the possible limitations of Plaintiff's carpal tunnel syndrome. Because the ALJ did not consider Plaintiff's carpal tunnel syndrome as part of his assessment of whether Plaintiff had a medically severe impairment or combination of impairments, the Court is unable to determine whether the ALJ's step two determination was free of error and supported by substantial evidence.
The decision whether to remand for further proceedings is within this Court's discretion.
Here, the evidence shows an impairment that might be considered "severe" within the meaning of the Social Security Regulations. And, even if Plaintiff's carpel tunnel syndrome resulted in a finding that Plaintiff had a severe impairment or combination of impairments before the date last insured, such a finding might not prevent Plaintiff from performing her past relevant work or work in the national economy. However, these are not determinations that this Court can make. Accordingly, the case is remanded for further evaluation in accordance with the five-step sequential process.
For the reasons stated above, the decision of the Social Security Commissioner is REVERSED and the matter is REMANDED for further proceedings consistent with this opinion.