ERIN L. SETSER, Magistrate Judge.
Plaintiff, Heath R. Lucy, brings this action pursuant to 42 U.S.C. § 405(g), seeking judicial review of a decision of the Commissioner of the Social Security Administration (Commissioner) denying his claims for a period of disability and disability insurance benefits (DIB) and supplemental security income (SSI) benefits under the provisions of Titles II and XVI of the Social Security Act (Act). In this judicial review, the Court must determine whether there is substantial evidence in the administrative record to support the Commissioner's decision.
Plaintiff protectively filed his current applications for DIB and SSI on July 18, 2008, alleging an inability to work since June 20, 2008, due to a broken hip and a pelvic fracture. (Tr. 119, 122, 143). For DIB purposes, Plaintiff maintained insured status through June 30, 2008. An administrative hearing was held on January 21, 2010, at which Plaintiff appeared with counsel and testified. (Tr. 22-58).
By written decision dated July 19, 2010, the ALJ found that during the relevant time period, Plaintiff had an impairment or combination of impairments that were severe. (Tr. 11). Specifically, the ALJ found Plaintiff had the following severe impairments: residual effects of a pelvis and left hip fracture, status-post ORIF; a cognitive disorder; a mood disorder, NOS; an anxiety disorder, NOS; a disruptive disorder, NOS; and a personality disorder, NOS. However, after reviewing all of the evidence presented, he determined that Plaintiff's impairments did not meet or equal the level of severity of any impairment listed in the Listing of Impairments found in Appendix I, Subpart P, Regulation No. 4. (Tr. 11). The ALJ found Plaintiff retained the residual functional capacity (RFC) to:
(Tr. 13). With the help of a vocational expert, the ALJ determined Plaintiff could perform work as a patcher. (Doc. 17).
Plaintiff then requested a review of the hearing decision by the Appeals Council, which denied that request on September 16, 2010. (Tr. 1-3). Subsequently, Plaintiff filed this action. (Doc. 1). This case is before the undersigned pursuant to the consent of the parties. (Doc. 5). Both parties have filed appeal briefs, and the case is now ready for decision. (Docs. 10, 11).
This Court's role is to determine whether the Commissioner's findings are supported by substantial evidence on the record as a whole.
It is well-established that a claimant for Social Security disability benefits has the burden of proving his disability by establishing a physical or mental disability that has lasted at least one year and that prevents him from engaging in any substantial gainful activity.
The Commissioner's regulations require him to apply a five-step sequential evaluation process to each claim for disability benefits: (1) whether the claimant has engaged in substantial gainful activity since filing his claim; (2) whether the claimant has a severe physical and/or mental impairment or combination of impairments; (3) whether the impairment(s) meet or equal an impairment in the listings; (4) whether the impairment(s) prevent the claimant from doing past relevant work; and, (5) whether the claimant is able to perform other work in the national economy given his age, education, and experience.
Of particular concern to the undersigned is the ALJ's RFC determination. RFC is the most a person can do despite that person's limitations. 20 C.F.R. § 404.1545(a)(1). A disability claimant has the burden of establishing his or her RFC.
In finding that Plaintiff was able to perform sedentary work with limitations, the ALJ stated he gave "significant weight to the consultative psychiatric evaluation" performed by Dr. Robert Hudson in March of 2010. (Tr. 15). The ALJ noted that Dr. Hudson found Plaintiff "had no significant limits on completion of tasks in a timely manner and is able to maintain friendships indicating some social ability." (Tr. 15). The ALJ also pointed out that Plaintiff was able to work nineteen hours per week at a video store owned or managed by Plaintiff's girlfriend's mother.
What is troubling to the undersigned is that while the ALJ stated he gave significant weight to Dr. Hudson's opinion, the ALJ failed to address the Medical Source Statement completed by Dr. Hudson on March 21, 2010, indicating that Plaintiff had moderate
As Dr. Hudson did not have Plaintiff's complete medical file to review prior to completing the medical source statement, the ALJ is directed to address interrogatories to Dr. Hudson asking him to review Plaintiff's medical records; to complete a RFC assessment regarding Plaintiff's capabilities during the time period in question, and to give the objective basis for his opinion so that an informed decision can be made regarding Plaintiff's ability to perform basic work activities on a sustained basis during the relevant time period in question.
The Court also notes that while Dr. Hudson stated that he would not diagnose Plaintiff with a cognitive disorder, Dr. Hudson indicated that a WAIS
With this evidence, the ALJ should then re-evaluate Plaintiff's RFC and specifically list in a hypothetical to a vocational expert any limitations that are indicated in the RFC assessments and supported by the evidence.
Accordingly, the Court concludes that the ALJ's decision is not supported by substantial evidence, and therefore, the denial of benefits to the Plaintiff should be reversed and this matter should be remanded to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. § 405(g).