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Joan D. v. Berryhill

United States District Court, D. Maryland, Southern Division

March 4, 2019

JOAN D., Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.[1]

          MEMORANDUM OPINION GRANTING PLAINTIFF'S ALTERNATIVE MOTION FOR REMAND

          THOMAS M. DIGIROLAMO, UNITED STATES MAGISTRATE JUDGE

         Plaintiff Joan D. seeks judicial review under 42 U.S.C. § 405(g) of a final decision of the Commissioner of Social Security (“Defendant” or the “Commissioner”) denying her application for disability insurance benefits under Title II of the Social Security Act. Before the Court are Plaintiff's Motion for Summary Judgment and alternative motion for remand (ECF No. 15) and Defendant's Motion for Summary Judgment (ECF No. 16).[2] 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. 15) is GRANTED.

         I

         Background

         On February 7, 2017, Administrative Law Judge (“ALJ”) Michael A. Krasnow held a hearing in Washington, D.C., where Plaintiff and a vocational expert (“VE”) testified. R. at 28-49. The ALJ thereafter found on April 12, 2017, that Plaintiff was not disabled from the alleged onset date of disability of June 17, 2014, through the date last insured of December 31, 2016. R. at 12-27. In so finding, the ALJ found that, through the date last insured, Plaintiff had the residual functional capacity (“RFC”)

to perform light work as defined in 20 CFR 404.1567(b) except [Plaintiff] could occasionally climb ramps and stairs, balance, stoop, kneel, crouch, crawl, and climb ladders, ropes, or scaffolds. [Plaintiff] could frequently overhead reach with the bilateral upper extremities. [Plaintiff] could frequently handle with the bilateral upper extremities. [Plaintiff] must have avoided concentrated exposure to extreme cold, extreme heat, humidity, vibration, hazards, and fumes, odors, dusts, and gases.

R. at 18. In light of this RFC and the VE's testimony, the ALJ determined that Plaintiff could perform her past relevant work as an office manager. R at 22-23. The ALJ thus found that Plaintiff was not disabled from June 17, 2014, through the date last insured of December 31, 2016. R. at 23.

         After the Appeals Council denied Plaintiff's request for review, Plaintiff filed on March 8, 2018, 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 fully submitted.

         II

         Disability Determinations and Burden of Proof

         The 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 . . . in significant numbers either in the region where such individual lives or in several regions of the country.” 42 U.S.C. §§ 423(d)(2)(A), 1382c(a)(3)(B).

         To determine whether a claimant has a disability within the meaning of the Social Security Act, the Commissioner follows a five-step sequential evaluation process outlined in the regulations. 20 C.F.R. §§ 404.1520, 416.920; see Barnhart v. Thomas, 540 U.S. 20, 24-25, 124 S.Ct. 376, 379-80 (2003). “If at any step a finding of disability or nondisability can be made, the [Commissioner] will not review the claim further.” Thomas, 540 U.S. at 24, 124 S.Ct. at 379; see 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). The claimant has the burden of production and proof at steps one through four. See Bowen v. Yuckert, 482 U.S. 137, 146 n.5, 107 S.Ct. 2287, 2294 n.5 (1987); Radford v. Colvin, 734 F.3d 288, 291 (4th Cir. 2013).

         First, the Commissioner will consider a claimant's work activity. If the claimant is engaged in substantial gainful activity, then the claimant is not disabled. 20 C.F.R. §§ 404.1520(a)(4)(i), 416.920(a)(4)(i).

         Second, if the claimant is not engaged in substantial gainful activity, the Commissioner looks to see whether the claimant has a “severe” impairment, i.e., an impairment or combination of impairments that significantly limits the claimant's physical or mental ability to do basic work activities. Pass v. Chater, 65 F.3d 1200, 1203 ...


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