DOUGLAS F. McCORMICK, Magistrate Judge.
Plaintiff Yolanda Ruiz De Rivera appeals the Commissioner's final decision denying her applications for disability insurance and supplemental security income benefits. On appeal, the Court concludes that the Administrative Law Judge ("ALJ") was required to call upon a vocational expert ("VE") because Plaintiff suffered from nonexertional limitations not contemplated by the Medical-Vocational Guidelines. The Commissioner's decision is therefore reversed and the matter is remanded for further proceedings consistent with this opinion.
Plaintiff filed her applications alleging disability beginning December 16, 2006. The ALJ determined that Plaintiff suffered from various severe impairments involving her left wrist and shoulder, but that she retained the residual functional capacity ("RFC") to perform light work with a limitation to "occasional reaching, handling, fingering, feeling, and pushing/pulling with the upper left extremity, and never reaching overhead with the upper left extremity." Administrative Record ("AR") 18-19. Relying on the Medical-Vocational Guidelines at 20 C.F.R. pt. 404, subpt. P, app. 2 ("the grids"), the ALJ found that there were jobs that exist in significant numbers in the national economy that Plaintiff could perform. AR 22. The ALJ concluded that Plaintiff was therefore not disabled within the meaning of the Social Security Act.
The parties dispute whether the ALJ erred when he relied upon the grids to find Plaintiff not disabled despite Plaintiff's nonexertional limitations in reaching, handling, and fingering.
Once a claimant has demonstrated the existence of a severe impairment that precludes her from doing past work, the burden shifts to the Commissioner to demonstrate that there are a significant number of jobs in the national economy that the claimant can perform despite her impairment.
The grids provide a system "for disposing of cases that involve substantially uniform levels of impairment."
There are "strict limits on when the Secretary may rely on the Guidelines."
In the present case, the ALJ concluded that Plaintiff retained the RFC to perform a full range of light work with the limitation to "occasional reaching, handling, fingering, feeling, and pushing/pulling with the upper left extremity, and never reaching overhead with the upper left extremity." AR 18-19. Difficulty in reaching and handling are considered nonexertional limitations. 20 C.F.R. § 416.969a(c). Instead of taking VE testimony, the ALJ merely stated that "the additional limitations have little or no effect on the occupational base of unskilled light work." AR 22. However, contrary to the ALJ's assertion, reaching and handling are "required in almost all jobs" at all exertional levels, and "significant limitations of reaching or handling, therefore, may eliminate a large number of occupations a person could otherwise do." Social Security Ruling ("SSR") 85-15, 1985 WL 56857, at *7.
It therefore appears that the grids do not "completely and accurately" describe Plaintiff's nonexertional limitations on reaching and handling. Because Plaintiff's nonexertional limitations appear to limit the range of work she could perform, the ALJ was required to take the testimony of a vocational expert.
The ALJ did not specifically identify any jobs that Plaintiff was capable of performing given her nonexertional limitation. This was insufficient to meet the Commissioner's burden at step five. The ALJ should have had a VE testify as to whether there were jobs in the national economy that Plaintiff could perform despite her specific nonexertional limitations. Accordingly, the Court will remand this matter to the Social Security Administration for reconsideration of Plaintiff's disability status. To establish whether Plaintiff is disabled, the ALJ must hear testimony from a vocational expert.
For the reasons stated above, the decision of the Social Security Commissioner is REVERSED and REMANDED for further proceedings consistent with this opinion.