United States District Court, D. Maryland
MEMORANDUM OPINION GRANTING PLAINTIFF'S
ALTERNATIVE MOTION FOR REMAND
M. DiGirolamo United States Magistrate Judge.
Andrew Grimes 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 his applications for
disability insurance benefits (“DIB”) and for
Supplemental Security Income (“SSI”) 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. 19) and Defendant's Motion for
Summary Judgment (ECF No. 20). Plaintiff contends that the
administrative record does not contain substantial evidence
to support the Commissioner's decision that he is not
disabled. No. hearing is necessary. L.R. 105.6. For the
reasons that follow, Plaintiff's alternative motion for
remand (ECF No. 19) is GRANTED.
1962, Plaintiff has a high-school education and previously
worked as a dental equipment repair technician. R. at 236,
241. Plaintiff protectively filed applications for DIB and
for SSI on October 19, 2012, alleging disability beginning on
August 5, 2010. R. at 19, 208-23. The Commissioner denied
Plaintiff's applications initially and again on
reconsideration, so Plaintiff requested a hearing before an
Administrative Law Judge (“ALJ”). R. at 69-145.
On April 14, 2016, ALJ Donna M. Edwards held a hearing in
Baltimore, Maryland, where Plaintiff and a vocational expert
(“VE”) testified. R. at 37-64. On June 21, 2016,
the ALJ issued a decision finding Plaintiff not disabled from
the alleged onset date of disability of August 5, 2010,
through the date of the decision. R. at 16-36. Plaintiff
sought review of this decision by the Appeals Council, which
denied Plaintiff's request for review on May 3, 2017. R.
at 1-8, 205-07. The ALJ's decision thus became the final
decision of the Commissioner. See 20 C.F.R.
§§ 404.981, 416.1481; see also Sims v.
Apfel, 530 U.S. 103, 106-07, 120 S.Ct. 2080, 2083
29, 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 then was reassigned to the undersigned.
The parties have briefed the issues, and the matter is now
reviewed Plaintiff's testimony in her decision:
[Plaintiff] testified that he drives but not more than an
hour. He stated that his legs get numb after an hour. He
stated that his old job required a lot of driving. He is able
to read, write and perform simple math. He was in the army
for two years. He worked in the past as a dental repair
technician. He stopped work in 2010. He stopped working after
his surgery. He sometimes had to lift 110 pounds. He stated
that he had a surgery that did not go well in an attempt to
open his femoral artery. He stated that he has to walk a mile
every day to keep the left leg moving. He stated that he
takes a blood thinner and has pain in his feet. He takes 2-3
naps a day. He stated that he has daily panic attacks and
does not deal well with people. He used to take an
R. at 25; see R. at 41-53.
testified that, if Plaintiff had the residual functional
capacity (“RFC”) outlined below in Part III, he
could not perform his past work but could perform the light,
unskilled jobs of housekeeper, hand packer, or machine
feeder. R. ...