JONATHAN W. FELDMAN, Magistrate Judge.
Plaintiff Katherine A. Greenizen brought this action pursuant to a Title II and Title XVI of the Social Security Act seeking review of the final decision of the Commissioner of Social Security ("Commissioner") denying her application for social security disability and supplemental security income benefits.
On September 19, 2013, plaintiff filed an application for supplemental security income alleging disability beginning on April 15, 2007.
She appeared with counsel and testified at a hearing held on December 3, 2015 before Administrative Law Judge Brian Kane ("the ALJ"). AR. at 32-72. Vocational Expert Julie Andrews ("the VE") also testified at the hearing. The ALJ issued an unfavorable decision on March 1, 2016. AR. at 17-27. Plaintiff timely requested review by the Appeals Council, which the Consil denied On May 17, 2017, making the ALJ's decision the final decision of the Commissioner. AR. at 1-3. Plaintiff subsequently filed this lawsuit.
Plaintiff contends that the ALJ's decision was not supported by substantial evidence because he ignored plaintiff's non-exertional limitations in formulating plaintiff's residual functional capacity ("RFC").
In reviewing plaintiff's disability application, the ALJ found that plaintiff suffers from two "severe" mental health impairments: major depreSsive disorder and dependent personality disorder. AR. at 19. According to the ALJ, these severe mental health impairments "cause significant limitations in the [plaintiff's] ability to perform basic work activities necessary to do most jobs."
Additionally, Dr. Suchman, plaintiff's long-time treating physician had been treating plaintiff for severe depression for many years, and his office records note suicidal thoughts (AR. at 364-366) and many years of pharmacological interventions for depression and anxiety. In October 2015, he opined that "the
Although there is considerable evidence in the record documenting plaintiff's serious mental health issues and the likelihood of non-exertional limitations, the ALJ it formulating plaintiff's RFC, failed to acknowledge the impact plaintiff's mental health limitations had on her ability to function in a competitive work environment. Indeed, despite the fact that the ALJ had already determined that plaintiff's major depression and dependent personality disorder would cause "significant limitations" in plaintiff's ability to perform "basic work activities," it appears the ALJ only considered plaintiff's exertional limitations in concluding that She was able to perform "the full range of sedentary work." In fact, no questions were posed by the ALJ to the VE eliciting any testimony about plaintiff's mental health limitations, including those identified by treating providers. This error cannot be dismissed as harmless because there is not one opinion in the record supporting the finding that plaintiff can perform full-time work in a competitive environment without some workplace limitation or accommodation on account of her mental health issues. The plaintiff's non-exertional limitations were not adequately considered by the ALJ in formulating plaintiff's RFC and, accordingly, the Commissioner's decision is not supported by substantial evidence. Remand is therefore appropriate.
Plaintiff's motion for judgment of the pleadings (Docket # 9) is