LYNN ADELMAN, District Judge.
In denying plaintiff Angie McGee's application for social security disability benefits, the administrative law judge ("ALJ") in this case violated the legal requirements for evaluating credibility and determining residual functional capacity ("RFC"). See Punzio v. Astrue, 630 F.3d 704 (7th Cir. 2011); Martinez v. Astrue, 630 F.3d 693 (7th Cir.2011); Spiva v. Astrue, 628 F.3d 346 (7th Cir.2010); O'Connor-Spinner v. Astrue, 627 F.3d 614 (7th Cir.2010); Parker v. Astrue, 597 F.3d 920 (7th Cir.2010); Moss v. Astrue, 555 F.3d 556, 561 (7th Cir.2009). The matter must therefore be remanded for further proceedings pursuant to 42 U.S.C. § 405(g), sentence four.
The ALJ determined that plaintiff suffered from several severe impairments, including arthritis, obesity, migraines, high blood pressure, fibromyalgia, bipolar disorder, and depression, none of which qualified as presumptively disabling under SSA regulations. (Tr. at 13-14.) The ALJ then determined that plaintiff retained the RFC for simple, low stress, routine, repetitive, sedentary work, with a sit/stand option, occasional handling and fingering, occasional changes in the work-setting and decision making, occasional interaction with the public and co-workers, and no production or pace work and no tandem tasks. (Tr. at 15.) In making this finding, the ALJ considered plaintiff's testimony, finding that her "medically determinable impairments could reasonably be expected to cause the alleged symptoms; however, [plaintiff's] statements concerning the intensity, persistence and limiting effects of these symptoms are not credible to the extent they are inconsistent with the existing medical evidence." (Tr. at 16.) He then reviewed some of the medical evidence,
The first problem with the ALJ's decision is the credibility determination. In evaluating a claimant's testimony, the ALJ must first determine whether the claimant suffers from an impairment that could reasonably be expected to produce the symptoms alleged. If so, he must then determine the extent to which the alleged symptoms limit the claimant's ability to work. SSR 96-7p. In making this determination, the ALJ must consider the entire record and may not discredit the claimant's statements based solely on a lack of support in the medical evidence. See Moss, 555 F.3d at 561 ("[A]s the regulations state, an ALJ cannot disregard subjective complaints of disabling pain just because a determinable basis for pain of that intensity does not stand out in the medical record."); see also Parker, 597 F.3d at 922 ("As countless cases explain, the etiology of extreme pain often is unknown, and so one can't infer from the inability of a person's doctors to determine what is causing her pain that she is faking it."); Carradine v. Barnhart, 360 F.3d 751, 753 (7th Cir.2004) ("Medical science confirms that pain can be severe and disabling even in the absence of `objective' medical findings, that is, test results that demonstrate a physical condition that normally causes pain of the severity claimed by the applicant."); SSR 96-7p ("Because symptoms, such as pain, sometimes suggest a greater severity of impairment than can be shown by objective medical evidence alone, the adjudicator must carefully consider the individual's statements about symptoms with the rest of the relevant evidence in the case record in reaching a conclusion about the credibility of the individual's statements if a disability determination or decision that is fully favorable to the individual cannot be made solely on the basis of objective medical evidence."). The ALJ must then provide "specific reasons" for the credibility determination, supported by the evidence and articulated in the decision. SSR 96-7p.
Here, the ALJ found that plaintiff suffered from impairments that could cause the symptoms alleged, but he then rejected her testimony as incredible based on its inconsistency with the medical evidence.
The Commissioner argues that Parker's discussion on this subject is dicta, as the court went on to find other problems with the ALJ's credibility determination in that case. But the court of appeals has repeated Parker's condemnation of this boilerplate language in Martinez and Spiva, leaving no doubt that it finds such language insufficient. See also Punzio, 630 F.3d at 709 ("Punzio raises a host of issues on appeal, among them that the ALJ gave no explanation whatsoever for finding her testimony not credible. On this point Punzio is correct; to read the ALJ's boilerplate credibility assessment is enough to know that it is inadequate and not supported by substantial evidence. That is reason enough for us to reverse the judgment[.]"). Therefore, the matter must be remanded for re-evaluation of plaintiff's credibility. On remand, the ALJ must comply with the requirements of SSR 96-7p and the Seventh Circuit cases cited above.
The second problem is the ALJ's RFC determination. The ALJ found that plaintiff experienced moderate difficulties in concentration, persistence, and pace (Tr. at 14; see also Tr. at 291, 329, 469-70), yet he failed to properly account for those limitations in the RFC or in his questions to the vocational expert ("VE") (Tr. at 108-09). As the Seventh Circuit has held, limiting a claimant with such restrictions to "simple, routine" tasks, as the ALJ did here, will not ordinarily suffice. See O'Connor-Spinner v. Astrue, 627 F.3d at 619-20.
The O'Connor-Spinner court also noted that it had let stand an ALJ's hypothetical omitting the terms "concentration, persistence, and pace" when it was clear that the ALJ's alternative phrasing specifically excluded those tasks that someone with the claimant's limitations would be unable to perform, i.e. where the claimant's limitations were stress- or panic-related and the hypothetical restricted the claimant to low-stress work. Id. (citing Arnold v. Barnhart, 473 F.3d 816 (7th Cir.2007); Johansen v. Barnhart, 314 F.3d 283 (7th Cir. 2002)). The ALJ did limit plaintiff to low stress work in the present case, but he made no finding that her problems with concentration were related to some stress or panic disorder, rather than her severe mental impairments of bipolar disorder and depression. Nor does it appear that the ALJ included plaintiff's underlying conditions causing her difficulties with concentration, persistence, and pace in the hypothetical, which may have permitted the VE to consider such limitations. See id. at 619-20 (citing Simila v. Astrue, 573 F.3d 503, 522 (7th Cir.2009)). Therefore, the RFC determination was deficient.
The Commissioner's argument that Seventh Circuit case-law permits the type of RFC used by the ALJ in this case closely mirrors that rejected by the court in O'Connor-Spinner. See id. at 620-21. (Indeed, the Commissioner cites the district court's decision, reversed on appeal, in O'Connor-Spinner.) None of the exceptions to the general rule set forth in O'Connor-Spinner appear to apply, so the matter must be remanded for determination of RFC under O'Connor-Spinner and the standards articulated therein.