WILLIAM M. SKRETNY, District Judge.
1. Plaintiff Annamarie Abbott challenges the determination of an Administrative Law Judge ("ALJ") that she is not disabled within the meaning of the Social Security Act ("the Act"). Plaintiff alleges that she was disabled from January 16, 2008 due to physical and mental impairments. Plaintiff contends that her impairments render her unable to work, and thus, that she is entitled to disability benefits under the Act.
2. Plaintiff first applied for disability benefits on January 8, 2009, which the Commissioner denied on June 16, 2009. Plaintiff requested a hearing before an ALJ. An ALJ in Buffalo, William E. Straub, held a hearing on December 7, 2010 after which he denied Plaintiff's application in a written decision on January 24, 2011.
3. Plaintiff appealed this Court's decision to the United States Court of Appeals for the Second Circuit. On appeal, she argued that the ALJ erred in (1) reaching his Residual Functional Capacity ("RFC") determination; (2) failing to re-contact her treating psychiatrist, Dr. Samant; and (3) reaching a determination that Plaintiff was capable of performing her past relevant work without making the specific, substantial inquiry into the physical and mental demands associated with her past work, and without making the "specific findings" as to whether Plaintiff's mental health, including her stress, affected her ability to return to past relevant work. (2d Cir., 13-4893, Docket No. 40).
4. On January 7, 2015, the Second Circuit, reviewing the Commissioner's decision, affirmed in part, vacated in part, and remanded to the Commissioner. (2d Cir., 13-4893, Docket No. 89 (Summary Order)). The Second Circuit found reversible error with respect to the Commissioner's determination that Plaintiff was able to return to her past relevant work, finding that the ALJ "offer[ed] only passing mention of [Plaintiff's] identified nonexertional limitations," which deprived the Court of the ability to "determine whether the ALJ conducted the requisite `careful appraisal' of how [Plaintiff's nonexertional limitations would or would not affect her ability to function as a teacher. (
5. On remand from the Second Circuit, the Appeals Council subsequently "vacate[d] the final decision of the Commissioner and remand[ed] th[e] case to an [ALJ] for further proceedings
6. A second hearing was held before ALJ Timothy M. McGuan on July 29, 2016, at which Plaintiff (appearing with counsel) and a vocational expert testified. Plaintiff testified that in her past job as a teacher, she taught young children, grades one through three. (R. at 509). Her anxiety, depression fear, as well as physical ailments like headaches, migraines, and crying, at times prevented her from even entering her classroom or the school. (R. at 510). So she resigned. (R. at 511). She was later offered a position as a pre-school teacher, thinking she might "be more comfortable in that environment" rather than her "prior experience as a teacher." (R. at 512). But her "mental health" continued to "stop[] [her] from doing some of the work"; for example, she "was unable to stay on top and pace"; she "could not interact with the parents and staff properly"; she "always needed to leave and go home" and "could never stay for meetings." (R. at 512). In other words, she "wasn't a[b]le to perform the responsibilities of a teacher." (R. at 512). So she "was asked to leave" the job at the preschool. (R. 512). She elaborated that any teaching job—pre-school or elementary school or middle school— requires, essentially, the same duties: maintaining classroom discipline, talking to students, keeping lesson plans in order, managing "classroom . . . chaos," keeping the students focused, and handling administrative tasks. (R. at 514). The Vocational Expert next testified. He discussed the job responsibilities of a teacher, a teacher's aide, and daycare worker. He testified that a person performing these jobs would "frequent[ly]" interact with other people, and "like the [Plaintiff] testified to," would be required to "control[] [her] classroom, control[] the students' behavior, [and] deal[] with the disruptive students." (R. at 524-25). He added that there are "a lot of variables" in these jobs that require a person to "adapt to whatever the situation is." (R. at 526).
7. The ALJ denied Plaintiff's application in a written decision on November 7, 2016. Plaintiff appealed the ALJ's decision directly to this Court on January 9, 2017, after the ALJ's decision became final.
8. A court reviewing a denial of disability benefits may not determine de novo whether an individual is disabled.
9. "To determine on appeal whether an ALJ's findings are supported by substantial evidence, a reviewing court considers the whole record, examining the evidence from both sides, because an analysis of the substantiality of the evidence must also include that which detracts from its weight."
10. The Commissioner has established a five-step sequential evaluation process to determine whether an individual is disabled under the Act.
11. The five-step process is as follows:
12. Although the claimant has the burden of proof on the first four steps, the Commissioner has the burden of proof on the fifth and final step.
13. In this case, the ALJ made the following findings with regard to the five-step process set forth above: (1) Plaintiff did not engage in substantial gainful activity from January 16, 2008 through January 25, 2011 (R. at 490); (2) Plaintiff's depressive disorder, panic disorder, and headaches are severe impairments within the meaning of the Act (R. at 491); (3) Plaintiff does not have an impairment or combination of impairments that meet or medically equal any of the impairments listed in the C.F.R. (R. at 491); (4) Plaintiff retained the residual functional capacity ("RFC") to perform a range of medium work as defined in 20 C.F.R. § 404.1567(b), except she can frequently understand, remember, and carry out complex and detailed tasks and can frequently interact with others (R. at 492); and (5) Plaintiff was capable of performing past relevant work as a teacher (secondary or elementary) because it does not require the performance of work-related activities precluded by the claimant's RFC; in the alternative, Plaintiff was capable of performing the work of a teacher's aide or daycare worker (R. at 495). Accordingly, the ALJ determined that Plaintiff was not under a disability as defined by the Act during the relevant period— January 16, 2008 through January 25, 2011. (R. at 496).
14. Plaintiff argues that the ALJ's failure to account for her moderate limitations in dealing with stress when determining that she was able to perform her past work as a teacher, as well as other similar jobs involving teaching, require remand. (Docket No. 10-1 at 14-17). She further argues that the ALJ "provided no explanation [as to] how this moderate limitation was accounted for" both in his RFC determination that she had the capacity to perform past relevant as a teacher, or other work as a teacher's aide or daycare worker. The Commissioner, in turn, argues that the ALJ was not "required to fully evaluate [Plaintiff's] specific triggers of stress prior to assessing her RFC and deciding that she could perform her past relevant work or work as a teacher's aide and daycare worker." (Docket No. 13-1 at 20-21).
15. The Commissioner is wrong; that is, in fact
16. Here, in determining Plaintiff's RFC, the ALJ gave "significant weight" to the opinion of consultative psychologist, Dr. Thomas Ryan. (R. at 493). The ALJ noted that Dr. Ryan opined that Plaintiff "has a moderate limitation in her ability to deal adequately with others and deal with stress." (R. at 493). Yet, "the ALJ failed to make specific findings concerning the nature of Plaintiff's stress, the circumstances that trigger it, and how those factors affect her ability to work."
17. After carefully examining the administrative record, this Court finds cause to remand this case to the ALJ for further administrative proceedings consistent with this decision. The Court will also note that it is further troubling that this is the exact issue on which the Second Circuit remanded for the Commissioner to consider in the first place; the Commissioner, therefore, also disregarded the regulatory requirements articulated in 20 C.F.R. §§ 404.977, 404.983. Accordingly, Plaintiff's Motion for Judgment on the Pleadings is granted. Defendant's motion seeking the same relief is denied.
IT HEREBY IS ORDERED, that Plaintiff's Motion for Judgment on the Pleadings (Docket No. 10) is GRANTED.
FURTHER, that Defendant's Motion for Judgment on the Pleadings (Docket No. 13) is DENIED.
FURTHER, that this case is REMANDED to the Commissioner of Social Security for further proceedings consistent with this decision.
FURTHER, that the Clerk of Court is directed to CLOSE this case.
SO ORDERED.