ERIN L. WIEDEMANN, Magistrate Judge.
Plaintiff, Bobby Don Jordan, 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 claim for supplemental security income (SSI) under the provisions of Title 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 application for SSI on December 18, 2015, alleging an inability to work since August 31, 2007, due to nerves, a broken hand, and high blood pressure. (Tr. 10, 219, 223). An administrative hearing was held on December 20, 2016, at which Plaintiff appeared with his attorney. (Tr. 37-51).
By written decision dated March 1, 2017, the ALJ found that through the date last insured, Plaintiff had an impairment or combination of impairments that were severe. (Tr. 12-13). Specifically, the ALJ found that Plaintiff had the following severe impairments: hypertension, right 5th metacarpal fracture with angulation, status post right carpal tunnel syndrome release, and status post right cubital tunnel release. (Tr. 12). The ALJ also found Plaintiff had the following nonsevere impairments: major depressive disorder, social anxiety disorder, and avoidant personality disorder.
On April 28, 2017, Plaintiff requested a review of the hearing decision by the Appeals Council. (Tr. 197-204). The Appeals Council denied Plaintiff's request for review. (Tr. 1-4).
Subsequently, Plaintiff filed this action. (Doc. 1). This case is before the undersigned pursuant to the consent of the parties. (Doc. 6). The parties have filed appeal briefs and this case is before the undersigned for report and recommendation. (Docs. 13, 14). The Court has reviewed the entire transcript. The complete set of facts and arguments are presented in the parties' briefs, and are repeated here only to the extent necessary.
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 her disability by establishing a physical or mental disability that has lasted for at least one year and that prevents her from engaging in substantial gainful activity.
The Commissioner's regulations require her 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 her age, education, and experience.
Of particular concern to the undersigned is the ALJ's RFC determination. RFC is the most that a person can do despite that person's limitations. 20 C.F.R. §404.1545(a)(1). It is assessed using all relevant evidence in the record.
In the present case, the ALJ determined Plaintiff maintained the RFC to perform the full range of light work. Despite Plaintiff's subjective complaints of difficulty breathing, diagnosis with and treatment for emphysema, and two chest CT's showing both a pulmonary nodule and emphysema, the ALJ did not address any breathing impairments in his decision. The ALJ did not provide any analysis or reasoning as to why this impairment was not considered. While there are RFC assessments from state agency medical consultants Rita Allbright, M.D., and William Harrison, M.D., neither provided an opinion as to what impact emphysema would have upon Plaintiff's RFC. (Tr. 63-64, 68-81). After reviewing the record, the undersigned finds that remand is necessary to more fully and fairly develop the record regarding Plaintiff's emphysema and breathing difficulties.
On remand, the ALJ is directed to address interrogatories to a medical professional requesting that said physician review all of Plaintiff's medical records; complete a RFC assessment regarding Plaintiff's capabilities during the time period in question; and give the objective basis for the opinion so that an informed decision can be made regarding Plaintiff's ability to perform basic work activities on a sustained basis. This opinion should specifically address whether Plaintiff will require environmental limitations. The ALJ may also order a consultative examination, in which, the consultatative exmaniner should be asked to review the medical evidence of record, perform examinations and appropriate testing needed to properly diagnose Plaintiff's condition(s), and complete a medical assessment of Plaintiff's abilities to perform work related activities.
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).