Blackburn, United States District Judge.
The matter before me is plaintiff's
Plaintiff alleges that she is disabled as a result of asthma, left knee osteoarthritis, degenerative joint disease of the lumbar spine, depression, and anxiety. After her application for disability insurance benefits was denied, plaintiff requested a hearing before an administrative law judge. This hearing was held on June 28, 2011. At the time of the hearing, plaintiff was 45 years old. She has high school education and past work experience as a respiratory therapist. She has not engaged in substantial gainful activity since February 27, 2008, her alleged date of onset.
The ALJ found that plaintiff was not disabled and therefore not entitled to disability insurance benefits. Although the medical evidence established that plaintiff suffered from severe impairments, the judge concluded that the severity of those impairments did not meet or equal any impairment listed in the social security regulations. The ALJ found that plaintiff had the residual functional capacity to perform unskilled, sedentary work with certain postural and environmental restrictions requiring no more than minimal direct contact with the general public. Although this finding precluded plaintiff's past relevant work, the ALJ concluded that there were jobs existing in significant numbers in the national and local economies that she could perform. She therefore found plaintiff not disabled at step
A person is disabled within the meaning of the Social Security Act only if her physical and/or mental impairments preclude her from performing both her previous work and any other "substantial gainful work which exists in the national economy." 42 U.S.C. § 423(d)(2). "When a claimant has one or more severe impairments the Social Security [Act] requires the [Commissioner] to consider the combined effects of the impairments in making a disability determination." Campbell v. Bowen, 822 F.2d 1518, 1521 (10th Cir.1987) (citing 42 U.S.C. § 423(d)(2)(C)). However, the mere existence of a severe impairment or combination of impairments does not require a finding that an individual is disabled within the meaning of the Social Security Act. To be disabling, the claimant's condition must be so functionally limiting as to preclude any substantial gainful activity for at least twelve consecutive months. See Kelley v. Chater, 62 F.3d 335, 338 (10th Cir.1995).
The Commissioner has established a five-step sequential evaluation process for determining whether a claimant is disabled:
20 C.F.R. § 404.1520(a)(4)(i)-(v). See also Williams v. Bowen 844 F.2d 748, 750-52 (10th Cir.1988). The claimant has the initial burden of establishing a disability in the first four steps of this analysis. Bowen v. Yuckert, 482 U.S. 137, 146 n. 5, 107 S.Ct. 2287, 2294 n. 5, 96 L.Ed.2d 119 (1987). The burden then shifts to the Commissioner to show that the claimant is capable of performing work in the national economy. Id. A finding that the claimant is disabled or not disabled at any point in the five-step review is conclusive and terminates the analysis. Casias v. Secretary of Health & Human Services, 933 F.2d 799, 801 (10th Cir.1991).
Review of the Commissioner's disability decision is limited to determining whether the ALJ applied the correct legal standard and whether the decision is supported by substantial evidence. Hamilton v. Secretary of Health and Human Services, 961 F.2d 1495, 1497-98 (10th Cir. 1992); Brown v. Sullivan, 912 F.2d 1194, 1196 (10th Cir.1990). Substantial evidence is evidence a reasonable mind would accept
Plaintiff points out, and the Commissioner concedes, that the ALJ found that plaintiff's residual functional capacity required that she have no more than minimal direct contact with the general public. (Tr. 15.) However, the ALJ failed to include such a limitation in her hypothetical to the vocational expert. (See Tr. 46-47.) Because I find this error warrants remand, I do not address directly plaintiff's arguments alleging that the ALJ improperly weighed and assessed the various medical source opinions of record regarding her physical and mental impairments. See Watkins v. Barnhart, 350 F.3d 1297, 1299 (10th Cir.2003); Gorringe v. Astrue, 898 F.Supp.2d 1220, 1225 (D.Colo.2012). Nevertheless, the entirety of the disability determination must be reevaluated on remand, for the reasons more fully articulated herein.
The Commissioner concedes that the ALJ failed to include the limitation of minimal direct contact with the public in her hypothetical to the vocational expert. "[T]estimony elicited by hypothetical questions that do not relate with precision all of a claimant's impairments cannot constitute substantial evidence to support the [Commissioner's] decision." Hargis v. Sullivan, 945 F.2d 1482, 1492 (10th Cir.1991) (citation and internal quotation marks omitted). Contrary to the Commissioner's suggestion, the ALJ's limitation of plaintiff to unskilled work save her failure to adequately develop the record in this regard.
This issue alone is sufficient to require remand. I thus do not specifically address plaintiff's arguments regarding the ALJ's weighing of the various medical opinions of record. See Carbajal v. Astrue, 2011 WL 2600984 at *2-3 (D.Colo. June 29, 2011). Nevertheless, I will direct the Commissioner to revisit the entirety of the disability decision in this case because the ALJ has failed to specifically link her findings to the evidence of record.
In discussing the evidence in this case, the ALJ repeatedly refers to record exhibits — some of which comprise 50 or 100 pages of treatment notes from plaintiff's treating doctor — in their entirety. There
(Gutierrez v. Astrue, Civil Action No. 13-cv-00053-REB,
1. That the conclusion of the Commissioner through the Administrative Law Judge that plaintiff was not disabled is
2. That this case is
3. That plaintiff is