DOUGLAS F. McCORMICK, Magistrate Judge.
Plaintiff Ermelinda Garcia appeals the Commissioner's final decision denying her applications for Supplemental Security Income and Disability Insurance benefits. For the reasons discussed below, the Court concludes that the Administrative Law Judge ("ALJ") erred in determining that Plaintiff was able to perform her past relevant work as a hospital beautician. The Commissioner's decision is therefore reversed and the matter is remanded for further proceedings consistent with this opinion.
Plaintiff filed her applications for benefits on January 26, 2012, alleging disability beginning March 10, 2010. Administrative Record ("AR") 9. The ALJ determined that Plaintiff had the severe impairments of bilateral carpal tunnel syndrome, obesity, degenerative disc disease of the lumbar spine, and degenerative joint disease of the right shoulder. AR 11.
At the administrative hearing, the ALJ called a vocational expert ("VE") to testify about what work Plaintiff could perform given her impairments and functional limitations. AR 33-35. The ALJ gave the VE a hypothetical based on what the ALJ determined was Plaintiff's residual functional capacity ("RFC"):
AR 33-34. The ALJ relied upon the VE's testimony in concluding that Plaintiff was not disabled because she could perform her past relevant work as a hospital beautician. AR 17.
The parties dispute whether the ALJ erred in (1) failing to properly consider the opinion of Plaintiff's treating physician; (2) relying upon the VE's testimony in concluding that Plaintiff was capable of performing her past relevant work at step four of the sequential evaluation process; and (3) finding Plaintiff to be not fully credible.
Plaintiff contends that the ALJ erred in determining that she was capable of performing her past relevant work as a hospital beautician because the reaching requirements of the job, as described in the Dictionary of Occupational Titles ("DOT"), are incompatible with the ALJ's RFC assessment. JS at 11-14. The ALJ's RFC assessment determined that Plaintiff could only "occasionally reach overhead with the dominant right upper extremity." AR 13. Plaintiff contends that this limitation precludes her from her past relevant work as a hospital beautician because that job, as described in the DOT, requires "frequent" reaching. JS at 2-13.
The requirements listed by the DOT for the job of cosmetologist include reaching "frequently." DICOT 332.271-010, 1991 WL 672806. The Social Security Regulations define reaching as "extending the hands and arms in
When an expert's testimony conflicts with a DOT job listing, the ALJ "must elicit a reasonable explanation for the conflict before relying on the [expert's] evidence to support a determination or decision about whether the claimant is disabled." SSR 00-4p, 2000 WL 1898704, at *2;
Here, it is apparent from the record that the VE did not explain the basis for her conclusion that a person with Plaintiff's limitation to only occasional overhead reaching with the dominant right hand could perform the job of cosmetologist, a job which requires frequent reaching according to the DOT. Moreover, the VE did not provide an evidentiary basis for the ALJ to justify a divergence from the DOT listing in this particular case. The VE concluded that Plaintiff could perform the listed job even though her limitations appear to contradict the job's requirements. This disparity required an explanation from an expert sufficient for the ALJ and the Court to defer to and rely upon. As a result, it appears that the Court "ha[s] an apparent conflict with no basis for the vocational expert's deviation," a circumstance that compels a remand so that the ALJ can perform the appropriate inquiry under SSR 00-4p.
The Court does not find persuasive the Commissioner's contention that Plaintiff can still perform the requirements of the job of cosmetologist despite being limited to only occasional overhead reaching with her dominant arm because she was still able to use her left arm as well as use both arms frequently for gross and fine manipulation.
Nor can the Court confidently state that any error was harmless.
Whether to remand for further proceedings or award benefits is within the discretion of the Court.
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.