United States District Court, D. Maryland, Southern Division
MEMORANDUM OPINION GRANTING PLAINTIFF'S
ALTERNATIVE MOTION FOR REMAND
M. DIGIROLAMO UNITED STATES MAGISTRATE JUDGE
Robie Lee Holmes seeks judicial review under 42 U.S.C.
§§ 405(g) and 1383(c)(3) of a final decision of the
Commissioner of Social Security (“Defendant” or
the “Commissioner”) denying her applications for
disability insurance benefits and for Supplemental Security
Income under Titles II and XVI of the Social Security Act.
Before the Court are Plaintiff's Motion for Summary
Judgment and alternative motion for remand (ECF No. 14),
Defendant's Motion for Summary Judgment (ECF No. 17), and
Plaintiff's “Reply Brief” (ECF No.
Plaintiff contends that the administrative record does not
contain substantial evidence to support the
Commissioner's decision that she is not disabled. No
hearing is necessary. L.R. 105.6. For the reasons that
follow, Plaintiff's alternative motion for remand (ECF
No. 14) is GRANTED.
January 24, 2017, Plaintiff filed a complaint in this Court
seeking review of the Commissioner's decision. Upon the
parties' consent, this case was transferred to a United
States Magistrate Judge for final disposition and entry of
judgment. The case subsequently was reassigned to the
undersigned. The parties have briefed the issues, and the
matter is now fully submitted.
of ALJ's Decision
November 17, 2015, the ALJ found that Plaintiff (1) had not
engaged in substantial gainful activity since the alleged
onset date of disability of January 10, 2013; and (2) had an
impairment or a combination of impairments considered to be
“severe” on the basis of the requirements in the
Code of Federal Regulations; but (3) did not have an
impairment or a combination of impairments meeting or
equaling one of the impairments set forth in 20 C.F.R. pt.
404, subpt. P, app. 1; and (4) was unable to perform her past
relevant work; but (5) could perform other work in the
national economy, such as a referral clerk, credit-card
control clerk, or circulation clerk. R. at 16-34. The ALJ
thus found that she was not disabled from January 10, 2013,
through the date of the decision. R. at 34.
finding, the ALJ found that Plaintiff's depression and
anxiety disorder were not severe impairments. R. at 23. The
ALJ then found that Plaintiff had the residual functional
to perform sedentary work as defined in 20 CFR 404.1567(a)
and 416.967(a) except she can occasionally operate foot
controls with both feet, climb ramps and stairs, balance,
stoop, kneel, crouch, and crawl. She can never climb ladders,
ropes, and scaffolds. She must avoid concentrated exposure to
extreme cold and extreme heat, excessive vibration, hazardous
moving machinery, and unprotected heights.
R. at 23-24.
Determinations and Burden of Proof
Social Security Act defines a disability as the inability to
engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment that can
be expected to result in death or that has lasted or can be
expected to last for a continuous period of not less than
twelve months. 42 U.S.C. §§ 423(d)(1)(A),
1382c(a)(3)(A); 20 C.F.R. §§ 404.1505, 416.905. A
claimant has a disability when the claimant is “not
only unable to do his previous work but cannot, considering
his age, education, and work experience, engage in any other
kind of substantial gainful work which exists . . ...