DONETTA W. AMBROSE, Senior District Judge.
Pending before the Court are Cross-Motions for Summary Judgment. [ECF Nos. 12 and 15]. Both parties have filed Briefs in Support of their Motions. [ECF Nos. 13 and 16]. After careful consideration of the submissions of the parties, and based on my Opinion set forth below, Defendant's Motion [ECF No. 15] is denied and Plaintiff's Motion [ECF No. 12] is granted.
Plaintiff has brought this action for review of the final decision of the Commissioner of Social Security ("Commissioner") denying her application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act (the "Act"). Plaintiff applied for SSI on or about August 22, 2014. [ECF No. 8-8 (Exs. 2D, 3D)]. In her application, she alleged that she was disabled due to panic attacks, agoraphobia, anxiety, depression, PTSD, and bipolar, and that she had been unable to work since April 10, 2009. [ECF No. 8-9 (Ex. 2E)]. Administrative Law Judge ("ALJ") David Romeo held a hearing on April 13, 2017, at which Plaintiff was represented by counsel. [ECF No. 8-3]. Plaintiff participated in the hearing by telephone and testified on her own behalf.
The parties have filed Cross-Motions for Summary Judgment. [ECF Nos. 12 and 15]. The issues are now ripe for my review.
The standard of review in social security cases is whether substantial evidence exists in the record to support the Commissioner's decision.
To be eligible for social security benefits, the plaintiff must demonstrate that she cannot engage in substantial gainful activity because of a medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of at least 12 months. 42 U.S.C. § 1382(a)(3)(A);
The Commissioner has provided the ALJ with a five-step sequential analysis to use when evaluating the disabled status of each claimant. 20 C.F.R. § 416.920. The ALJ must determine: (1) whether the claimant is currently engaged in substantial gainful activity; (2) if not, whether the claimant has a severe impairment; (3) if the claimant has a severe impairment, whether it meets or equals the criteria listed in 20 C.F.R. pt. 404, subpt. P, app. 1; (4) if the impairment does not satisfy one of the impairment listings, whether the claimant's impairments prevent her from performing her past relevant work; and (5) if the claimant is incapable of performing her past relevant work, whether she can perform any other work which exists in the national economy, in light of her age, education, work experience and residual functional capacity. 20 C.F.R. § 416.920. The claimant carries the initial burden of demonstrating by medical evidence that she is unable to return to her previous employment (steps 1-4).
A district court, after reviewing the entire record, may affirm, modify, or reverse the decision with or without remand to the Commissioner for rehearing.
At step two of the analysis, the ALJ found that Plaintiff had numerous severe impairments, including morbid obesity, tobacco use disorder, major depressive disorder, recurrent, generalized anxiety disorder, panic disorder with agoraphobia, Cluster B personality traits, and a history of polysubstance disorder (marijuana, heroin, and cocaine). [ECF No. 8-2, at 12]. At step three of the analysis, the ALJ found that Plaintiff did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1.
Plaintiff argues that the ALJ's RFC determination is not supported by substantial evidence because it does not account for all of the mental limitations documented by the record. [ECF No. 13, at 3-18]. Specifically, Plaintiff contends that, although the ALJ found at step three of his evaluation that Plaintiff had marked limitations in her ability to adapt or manage herself as a result of her panic disorder with agoraphobia, he failed to incorporate those limitations into the RFC finding.
An ALJ must base his RFC assessment on all of the relevant evidence of record. 20 C.F.R. § 416.945(a). In his opinion, the ALJ must provide sufficient explanation of his final determination to provide the reviewing court with the benefit of the factual basis underlying the ultimate disability finding.
As set forth above, the ALJ found at Step 3 of the analysis that Plaintiff did not have an impairment or combination of impairments that meets or medically equals the severity of a Listed Impairment. In so finding, however, the ALJ found that Plaintiff had a marked limitation in adapting and managing herself stemming from her panic disorder with agoraphobia.
As Plaintiff recognizes, the limitations identified in the "paragraph B" criteria at Step 3 are not an RFC assessment; rather, the mental RFC assessment used at Steps 4 and 5 of the sequential analysis requires a more detailed assessment that reflects,
[ECF No. 8-2, at 18]. In addition to this paragraph's arguable inconsistency with the ALJ's Step 3 analysis of much of the same evidence, it is far from clear that all of these facts are at odds with Plaintiff's claimed limitations. For example, although it is true that Plaintiff indicated on her function report that she leaves the house for doctor's appointments, she also stated that such appointments are the only reason she leaves the house and that she only does so once a month.
Because the ALJ's opinion is unclear as to whether he accounted for Plaintiff's marked limitations in adapting and managing herself in his mental RFC finding or rejected some of those limitations in whole or in part, remand is necessary on this issue. On remand, the ALJ must clarify his findings with respect to the marked limitations on Plaintiff's ability to adapt and manage herself set forth in his Step 3 analysis and validly explain how, if at all, his RFC finding accounts for such limitations (and, if it does not, why not). In remanding this case, I reach no conclusions as to whether Plaintiff is or is not disabled. I simply find that I cannot properly evaluate the ALJ's opinion on the record before me.
Under the Social Security regulations, a federal district court reviewing the decision of the Commissioner denying benefits has three options. It may affirm the decision, reverse the decision and award benefits directly to a claimant, or remand the matter to the Commissioner for further consideration. 42 U.S.C. § 405(g) (sentence four). In light of an objective review of all the evidence contained in the record, I find that the ALJ's mental RFC finding is not supported by substantial evidence. The case therefore is remanded for further consideration in light of this Opinion. For these and all of the above reasons, Plaintiff's Motion for Summary Judgment is granted to the extent set forth herein, and Defendant's Motion for Summary Judgment is denied. An appropriate Order follows.
AND NOW, this 21