ROBERT J. CONRAD, Jr., District Judge.
Plaintiff Tammy Sisk Mabe ("Plaintiff") seeks judicial review of Defendant's denial of her social security claim. (Doc. No. 1). On November 30, 2011, Plaintiff filed an application for a period of disability and disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 405
On September 20, 2013, Plaintiff, represented by counsel, appeared and testified at a hearing before an Administrative Law Judge ("ALJ"). (Tr. 33-70). The ALJ issued a decision on January 7, 2014, denying Plaintiff's claim. (Tr. 16-27). Plaintiff filed a request for review of the ALJ's decision on March 4, 2014, (Tr. 14-15), which was denied by the Appeals Council on April 17, 2015, (Tr. 1-5). Therefore, the January 7, 2014 ALJ decision became the final decision of the Commissioner on April 17, 2015.
Plaintiff's Complaint seeking judicial review and a remand of her case was filed in this Court on May 28, 2015. (Doc. No. 1). Plaintiff's Motion for Summary Judgment, (Doc. No. 8), was filed October 23, 2015, and Defendant's Motion for Summary Judgment, (Doc. No. 10), was filed December 15, 2015. The pending motions have been fully briefed and are ripe for adjudication.
The question before the ALJ was whether Plaintiff was under a "disability" as that term of art is defined for Social Security purposes,
This case is governed by the Social Security Administration's familiar five-step sequential evaluation process for determining if a person is disabled.
Specifically, the ALJ first concluded that Plaintiff had not engaged in any substantial gainful activity since November 1, 2011, the alleged disability onset date. (Tr. 21). At step two, the ALJ found that Plaintiff had severe impairments of psoriatic arthritis, high blood pressure, history of breast cancer, depression, and anxiety. (
Next, the ALJ assessed Plaintiff's RFC and found that she retained the capacity to perform light work except that she must avoid concentrated exposure to wetness and humidity and be limited to simple, routine, repetitive tasks in a stable work environment. (Tr. 23-25).
At the hearing, a vocational expert ("VE") testified regarding Plaintiff's past relevant work, (Tr. 65-70), and pursuant to the VE's testimony, the ALJ found that Plaintiff was unable to perform her past relevant work. (Tr. 25). At the fifth and final step, the ALJ concluded, based on the VE's testimony, that there are jobs that exist in significant numbers in the national economy that Plaintiff can perform. (Tr. 26-27). Therefore, the ALJ concluded that Plaintiff was not under a "disability," as defined by the Social Security Act, at any time between November 1, 2011, and the date of his decision on January 7, 2014. (Tr. 27).
The Social Security Act, 42 U.S.C. §§ 405(g), 1383(c)(3), limits this Court's review of a final decision of the Commissioner to determining: (1) whether substantial evidence supports the Commissioner's decision,
The Fourth Circuit has long emphasized that it is not appropriate for a reviewing court to weigh the evidence anew, or to substitute its judgment for that of the Commissioner, if the Commissioner's final decision is supported by substantial evidence.
On appeal to this Court, Plaintiff argues, among other things, that the ALJ's RFC finding is not based on substantial evidence.
In making an RFC determination, SSR 96-8p "instructs that the [RFC] `assessment must first identify the individual's functional limitations or restrictions and assess his or her work-related abilities on a function-by-function basis, including the functions' listed in the regulations."
Additionally, SSR 96-8p provides that "[t]he RFC assessment must include a narrative discussion describing how the evidence supports each conclusion, citing specific medical facts (e.g., laboratory findings) and nonmedical evidence (e.g., daily activities, observations)." It must also "include a discussion of why reported symptom-related functional limitations and restrictions can or cannot reasonably be accepted as consistent with the medical and other evidence." SSR 96-8p. Although it declined to adopt a "per se rule requiring remand when the ALJ does not perform an explicit function-by-function analysis," the Fourth Circuit stated in
Here, despite finding that Plaintiff had moderate difficulties in concentration, persistence, or pace, the ALJ did not perform an explicit function-by-function analysis as required by SSR 96-8p. While the ALJ did conduct some analysis of the medical evidence of record and discussed his reasoning for the weight given to Plaintiff's statements and subjective complaints, it is not clear how the evidence aligns with the necessary mental functions, which is a required showing.
In his assessment of Plaintiff's ability to maintain concentration, persistence, or pace, the ALJ found that Plaintiff had "moderate difficulties." (Tr. 22). However, the ALJ did not include any discussion of Plaintiff's moderate difficulties in concentration, persistence, or pace in his RFC analysis. (Tr. 23-25). While the ALJ summarily announced that Plaintiff should be limited to "simple, routine, repetitive tasks in a stable work environment," he proffered no explanation to support this conclusion. (Tr. 23). Although the ALJ noted Plaintiff's "depression" and "anxiety" in his discussion, this, standing alone, does not constitute an adequate function-by-function evaluation of Plaintiff's mental limitations. (Tr. 66-67). Additionally, the ALJ's unsupported one-sentence observation regarding Plaintiff's "consistently normal" mental status examinations does not supplant a full assessment of Plaintiff's capacity to perform relevant functions. (Tr. 25). Without explanation, such inconsistencies leave the Court "to guess about how the ALJ arrived at his conclusions on [Plaintiff's] ability to perform relevant functions."
The ALJ's RFC finding provided that Plaintiff is limited to simple, routine, repetitive tasks in a stable work environment. (Tr. 23). Defendant contends that this RFC sufficiently accounts for Plaintiff's difficulties in concentration, persistence, or pace. (Doc. No. 11 at 5). Plaintiff argues it does not. (Doc. No. 9 at 5). Since the
In sum, the Court finds that the ALJ did not perform the required function-by-function analysis or provide the necessary narrative discussion to support his findings. An explanation of how Plaintiff's mental limitations affect her ability to perform work-related functions, as well as her ability to perform them for a full workday, is necessary here. While the Court recognizes that the RFC is the ALJ's province, he must make clear to this Court that he considered all of Plaintiff's impairments in formulating the RFC and at steps four and five. As outlined above, a necessary predicate for this Court to engage in substantial evidence review is a record that adequately explains the ALJ's findings and reasoning. Because it is left to guess how the ALJ concluded that Plaintiff could perform the relevant functions in light of her mental impairments and other limitations in concentration, persistence, or pace, the Court finds that substantial evidence does not support the ALJ's decision and that remand is appropriate.
Under the fourth sentence of 42 U.S.C. § 405(g), the Court has the "power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing."
On remand, the ALJ is directed to conduct a new hearing, take any action necessary to complete the administrative record, and issue a new decision consistent with Social Security regulations and this Order. Specifically, the ALJ is directed to: (1) consider, evaluate, and explain the weight afforded to all medical opinions in the record; (2) reevaluate Plaintiff's mental impairments in accordance with Social Security regulations as well as