PAUL BARBADORO, District Judge.
Kathleen Elizabeth Gammon, a 51-year old Grafton woman, challenges the Social Security Administration's denial of her claims for disability insurance benefits ("DIB"). The Acting Commissioner, in turn, moves for an order affirming her decision. For the reasons that follow, I reverse the decision of the Acting Commissioner and remand for further administrative proceedings.
In accordance with Local Rule 9.1, the parties have submitted a joint statement of stipulated facts (Doc. No. 14).
Under 42 U.S.C. § 405(g), I have the authority to review the pleadings submitted by the parties and the administrative record, and to enter a judgment affirming, modifying, or reversing the "final decision" of the Commissioner. That review is limited, however, "to determining whether the [Administrative Law Judge] used the proper legal standards and found facts [based] upon the proper quantum of evidence."
If the substantial evidence standard is met, the ALJ's factual findings are conclusive, even where the record "arguably could support a different conclusion."
Gammon is a 51-year old former waitress from Grafton, NH, with a history of anxiety. She filed an application for DIB in March 2012, claiming disability as of April 1, 1993, her alleged onset date. Doc. No. 14 at 1. After her application was initially denied, a hearing was held before ALJ Ruth Kleinfeld.
The ALJ focused her analysis on whether Gammon was disabled prior to her date last insured. At step one, the ALJ found that Gammon had not engaged in substantial gainful activity between the alleged onset date of her disability and her date last insured. Tr. at 25. At step two, the ALJ determined that Gammon suffered from anxiety during that period, which the ALJ considered a "severe" impairment for "the purposes of this decision." Tr. at 25. At step three, however, the ALJ found that Gammon's anxiety did not meet or medically equal the criteria of listing 12.06, which covers anxiety-related disorders. Tr. at 26-27. The ALJ then assessed Gammon's Residual Functional Capacity ("RFC"), concluding that Gammon could "perform work at all exertional levels involving work at a socially isolated work station and avoiding work with the general public." Tr. at 27. Jumping to step five, the ALJ noted that Gammon suffered only a "non-exertional impairment," anxiety. Tr. at 30. Without calling a vocational expert, the ALJ then used the Medical-Vocational Guidelines (the "Grid") to conclude that jobs existed in the national economy that Gammon could perform given her limitations. Tr. at 30-31. As such, according to the ALJ, Gammon was "not disabled."
In September 2014, the Appeals Council denied Gammon's request for review. Tr. at 1. As a result, the ALJ's decision constitutes the Commission's final decision, and this matter is now ripe for judicial review.
Gammon raises three main challenges to the ALJ's decision. First, she claims that the ALJ failed to follow the "treating physician rule" because she accorded only "slight weight" to Gammon's treating physician, and thus incorrectly calculated her RFC. Second, she alleges that the ALJ failed to properly evaluate her credibility. And third, Gammon asserts that the ALJ inappropriately relied on the Medical-Vocational Guidelines (the "Grid") in concluding that she could perform work in the national economy. After carefully considering the arguments of both sides, I conclude that the ALJ impermissibly relied upon the Grid at step five, and order a remand.
Gammon argues that the ALJ erred by relying on the Grid, rather than a vocational expert, to determine that jobs existed in the national economy that Gammon could perform. Doc. No. 10 at 10-12. I agree with Gammon and conclude that the ALJ should have consulted a vocational expert because Gammon's limitations were solely nonexertional.
At step five, the Commissioner bears the burden of establishing that jobs exist in the national economy that the claimant can perform given her RFC.
Here, Gammon's only impairment was anxiety, a nonexertional limitation, which limited her to working in a "socially isolated work station" and "avoiding the general public." Tr. at 30 (ALJ noting that "the claimant's ability to perform work at all exertional levels was compromised only by nonexertional limitations."). Despite recognizing that Gammon's limitations were solely nonexertional, however, the ALJ declined to call a vocational expert to analyze whether Gammon's limitations affected her ability to perform unskilled work.
The ALJ's reliance on the Grid was impermissible here. As stated above, in cases involving exclusively nonexertional impairments, the Grid may only serve as a "framework to guide [the ALJ's] decision," not as a means to direct a factual conclusion of disabled or not disabled.
For the foregoing reasons, I deny the Commissioner's motion to affirm (Doc. No. 13) and grant Gammon's motion to reverse or remand (Doc. No. 8). Pursuant to sentence four of 42 U.S.C. § 405(g), I remand the case to the Social Security Administration for further proceedings consistent with this decision.
SO ORDERED.
This argument fails, however, because the
Moreover, even in cases involving both exertional and nonexertional limitations,