JEAN ROSENBLUTH, Magistrate Judge.
Plaintiff seeks review of the Commissioner's final decision denying her applications for Social Security disability insurance benefits ("DIB") and supplemental security income benefits ("SSI"). The parties consented to the jurisdiction of the undersigned U.S. Magistrate Judge under 28 U.S.C. § 636(c). The matter is before the Court on the parties' Joint Stipulation, filed February 22, 2017, which the Court has taken under submission without oral argument. For the reasons stated below, the Commissioner's decision is affirmed.
Plaintiff was born in 1962. (Administrative Record ("AR") 72.) She completed third grade in El Salvador and worked in this country cleaning hotel and motel rooms. (AR 39.)
On July 31, 2012, Plaintiff filed applications for DIB and SSI, alleging in each that she had been unable to work since January 4, 2011, because of headaches, blurred vision, and back, neck, and left-arm pain. (AR 61-62, 83-84.)
Under 42 U.S.C. § 405(g), a district court may review the Commissioner's decision to deny benefits. The ALJ's findings and decision should be upheld if they are free of legal error and supported by substantial evidence based on the record as a whole.
People are "disabled" for purposes of receiving Social Security benefits if they are unable to engage in any substantial gainful activity owing to a physical or mental impairment that is expected to result in death or has lasted, or is expected to last, for a continuous period of at least 12 months. 42 U.S.C. § 423(d)(1)(A);
The ALJ follows a five-step sequential evaluation process to assess whether a claimant is disabled. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4);
If the claimant is not engaged in substantial gainful activity, the second step requires the Commissioner to determine whether the claimant has a "severe" impairment or combination of impairments significantly limiting her ability to do basic work activities; if not, the claimant is not disabled and her claim must be denied. §§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii).
If the claimant has a "severe" impairment or combination of impairments, the third step requires the Commissioner to determine whether the impairment or combination of impairments meets or equals an impairment in the Listing of Impairments set forth at 20 C.F.R. part 404, subpart P, appendix 1; if so, disability is conclusively presumed. §§ 404.1520(a)(4)(iii), 416.920(a)(4)(iii).
If the claimant's impairment or combination of impairments does not meet or equal an impairment in the Listing, the fourth step requires the Commissioner to determine whether the claimant has sufficient residual functional capacity ("RFC")
If that happens or if the claimant has no past relevant work, the Commissioner then bears the burden of establishing that the claimant is not disabled because she can perform other substantial gainful work available in the national economy. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v);
At step one, the ALJ found that Plaintiff had not engaged in substantial gainful activity since January 4, 2011, the alleged onset date. (AR 18.) At step two, she found that Plaintiff had severe impairments of osteoarthritis of the neck, obesity, mild carpal tunnel syndrome "on the left," and depression. (
At step four, the ALJ found that Plaintiff had the RFC to perform light work except that she was literate but not fluent in English and was limited to simple tasks with no more than occasional contact with the public, coworkers, and supervisors. (AR 19-20.)
Based on Plaintiff's RFC and the VE's testimony, the ALJ found that she could perform her past relevant work as a "hotel housekeeper," DOT 323.687-014, 1991 WL 672783. (AR 27.) The ALJ noted that Plaintiff "actually performed" the light, unskilled job at the "light to medium level." (
Plaintiff argues that the ALJ erred in finding her capable of performing her past relevant work. (
Plaintiff's past job duties are described in relevant part in an initial disability report dated August 22, 2012 (AR 257-64), and a work-history report dated August 27, 2013 (AR 319-20). The initial disability report was completed by a Social Security field-office case worker who interviewed Plaintiff over the phone (
In the initial disability report, Plaintiff described her past work as hotel "cleaning maintenace [sic]." (AR 259.) The job purportedly required eight hours of walking; eight hours of standing; one hour each of sitting, climbing, stooping, and crouching; three hours each of kneeling and crawling; and two hours of reaching each day. (AR 260.) Plaintiff was required to lift and carry towels and sheets; the heaviest weight she lifted was 20 pounds and she frequently lifted 10 pounds. (
In the work-history report, Plaintiff described her past work as "housekeeping — hotel" (AR 319), which involved cleaning hotel rooms, making beds, changing sheets, cleaning bathrooms and showers, and vacuuming carpets (AR 320). The job involved using "machines, tools, or equipment"; "frequent" walking, standing, climbing, stooping, kneeling, crouching, reaching; "frequent" handling, grabbing, or grasping big objects; "occasional" crawling and writing, typing, or handling small objects; and lifting less than 10 pounds frequently. (
At the November 3, 2014 hearing, Plaintiff's counsel argued that the initial disability report had an "incorrect description" of Plaintiff's work history. (AR 37.) In her opening statement, she described Plaintiff's past relevant work as "a hotel maid or housekeeper" and alleged that she had to lift "as much as 10/20 pounds all the way up to 50 pounds." (AR 39.) Plaintiff testified that she worked "cleaning rooms" in "houses and hotels." (AR 42.) She either walked or stood and did not sit at all during the workday. (AR 44.) Her job required her to "take a cart filled with soap, various things" or "go to the storage or to the laundry room to get towels." (
The VE characterized Plaintiff's past relevant work as "hotel housekeeper, Code 323.687-014," "generally performed" as a light, unskilled job but performed by Plaintiff at the "light to medium" exertional level.
In a posthearing brief, Plaintiff's counsel objected to the VE's classification of Plaintiff's past work as "housekeeper" and requested a supplemental hearing, arguing that "[p]er the claimant's description of her regular work duties," her past work was that of a "housecleaner," DOT 323.687-018, a heavy-work, unskilled job. (AR 386.) The ALJ denied Plaintiff's request for a supplemental hearing to address the issue. (AR 28.)
An individual performing the job of "cleaner, housekeeper," DOT 323.687-014, 1991 WL 672783, the light-work job the VE identified and the ALJ found to be Plaintiff's past work,
1991 WL 672783. The "alternate title" for the job is "maid," and it can be designated according to type of establishment or area cleaned, such as "[m]otel [c]leaner (hotel & rest.)."
An individual performing the job of "housecleaner," DOT 323.687-018, 1991 WL 672784, the heavy-work job Plaintiff claims better describes her past work,
1991 WL 672784. The "alternate titles" for the job are "hall cleaner," "mover," and "night cleaner," and it can be designated according to specialization, such as "curtain cleaner," "linen-room worker," "porter, lobby," or "vacuum worker."
In her January 30, 2015 decision, the ALJ characterized Plaintiff's past work as that of a "hotel housekeeper," DOT 323.687-014, which Plaintiff "actually performed at the light to medium level." (AR 27.) Noting the VE's testimony that an individual with Plaintiff's RFC could perform the past work as it was "generally performed," the ALJ so found. (
At step four of the five-step disability analysis, a claimant has the burden of proving that she cannot return to her past relevant work, as both actually and generally performed in the national economy.
Although the claimant is the "primary source for vocational documentation," the ALJ may use the VE to assist in the step-four determination as to whether the claimant is able to perform her past relevant work.
Lastly, the ALJ can properly discharge her responsibility by comparing the specific physical and mental demands of the claimant's past relevant work with her actual RFC.
To ascertain the requirements of occupations as generally performed in the national economy, the ALJ may rely on VE testimony or information from the DOT. SSR 00-4P, 2000 WL 1898704, at *2 (Dec. 4, 2000) (at steps four and five, SSA relies "primarily on the DOT (including its companion publication, the SCO) for information about the requirements of work in the national economy" and "may also use VEs . . . at these steps to resolve complex vocational issues"); SSR 82-61, 1982 WL 31387, at *2 (Jan. 1, 1982) ("The [DOT] descriptions can be relied upon — for jobs that are listed in the DOT — to define the job as it is
When a VE provides evidence at step four or five about the requirements of a job, the ALJ has a responsibility to ask about "any possible conflict" between that evidence and the DOT.
Jobs are classified as "sedentary, light, medium, heavy, and very heavy" according to their "physical exertion requirements." §§ 404.1567, 416.967. "Light work" generally involves "lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds," though "the weight lifted may be very little." §§ 404.1567(b), 416.967(b). "Medium work" involves "lifting no more than 50 pounds at a time with frequent lifting or carrying of objects weighing up to 25 pounds." §§ 404.1567(c), 416.967(c). "Heavy work" involves "lifting no more than 100 pounds at a time with frequent lifting or carrying of objects weighing up to 50 pounds." §§ 404.1567(d), 416.967(d).
The ALJ's classification of Plaintiff's past relevant work as "hotel housekeeper," DOT 323.687-014, and her finding that Plaintiff was "capable of performing" that job "as generally performed" are supported by substantial evidence. (AR 27.)
The ALJ properly relied on the VE's characterization of Plaintiff's past work. Plaintiff argues that the ALJ improperly rejected her work-history report and hearing testimony and instead relied on the description of her past work from the August 22, 2012 initial disability report, which was, according to Plaintiff, "completed by an unidentified individual" with "no indication" that it was "translated to Plaintiff who is not fluent in English" or that "she was given an opportunity to review, correct and sign" it. (J. Stip. at 4-5.) In relevant part, the August 2012 report described Plaintiff's past work as "cleaning maintenace [sic]," requiring her to lift up to 20 pounds occasionally and 10 pounds frequently. (AR 259-60.) Instead of crediting that report, Plaintiff argues, the ALJ should have relied on her work-history report — which, in relevant part, labeled her past work as "hotel housekeeping," described work activities of cleaning hotel rooms, making beds, changing sheets, cleaning bathrooms and showers, and vacuuming carpets, and noted that she was required to lift less than 10 pounds frequently and up to 50 pounds — and her hearing testimony, which labeled her past work as "hotel maid or housekeeper," described work activities of cleaning rooms, loading and pushing a cart of supplies, and retrieving clean towels and linens and noted that she was required to lift "up to 40 or 50 pounds" and push "60 to 80 pounds." (AR 39-44.)
After listening to her testimony and specifically considering her work-history report, the VE classified Plaintiff's past work as a "hotel housekeeper," performed by Plaintiff as a "light to medium" job. (AR 51-52 (citing "Exhibit 13-E," Plaintiff's Aug. 2013 work-history report).) Contrary to Plaintiff's argument, the VE apparently did not rely on the August 22, 2012 report: she based her findings on Plaintiff's later work-history report and hearing testimony. (AR 52.) Indeed, the VE's opinion that Plaintiff performed her past work at the "light to medium" level clearly indicates that she at least partially credited Plaintiff's later description of lifting up to 50 pounds. And although the ALJ overruled Plaintiff's objection that the August 2012 report was incorrect (
Further, there is no apparent conflict between Plaintiff's hearing testimony and work-history report and the "cleaner, housekeeping" job as performed at the "light to medium" exertion level. Plaintiff described lifting 50 pounds at most (
The job description suggested by Plaintiff, "housecleaner," has almost no overlap with Plaintiff's reported past job duties: it is a "heavy work" job, involving "lifting no more than 100 pounds at a time with frequent lifting or carrying of objects weighing up to 50 pounds."
Finally, substantial evidence supported the ALJ's finding that Plaintiff could perform the "cleaner, housekeeping" job as generally performed. The ALJ asked the VE whether any conflict existed between that job "at light" exertion and the way it is typically performed, and the VE responded no. (AR 52.) The ALJ compared Plaintiff's RFC, to which she does not object, to the "physical and mental demands" of the "hotel housekeeper" job and found that Plaintiff was able to perform it as "generally performed." (AR 27.) Indeed, no apparent conflict exists between Plaintiff's RFC and the DOT job description for "cleaner, housekeeping." Plaintiff has the RFC for light work with certain nonexertional limitations (AR 20); the job of housekeeper is a light-work job. She is limited to simple tasks (
Plaintiff cites
Here, the VE testified that Plaintiff's past relevant work was as a "hotel housekeeper, Code 323.687-014," which corresponds to the "cleaner, housekeeping" job description in the DOT. (AR 51.) The "alternate title" for the job is "maid," and it can be designated according to type of establishment cleaned. DOT 323.687-014, 1991 WL 672783. "Hotel housekeeper" is not a "generic classification"; the VE even tailored the "cleaner, housekeeping" job to the type of establishment Plaintiff cleaned.
Accordingly, remand is not warranted.
Consistent with the foregoing and under sentence four of 42 U.S.C. § 405(g),