Summary
The United States Court of Appeals for the Second Circuit held that the Administrative Law Judge failed to support Govanni R. Nunez’s residual functional capacity determination with substantial evidence in his Social Security disability case. The court vacated the district court’s judgment and remanded to the Commissioner for further development of the record and reconsideration of Nunez’s application; Judge Sullivan dissented.
Topics
Practice areas
Questions Presented
- Whether the ALJ supported Nunez's residual functional capacity determination with substantial evidence when the RFC did not account for limitations in staying on task and maintaining regular work attendance.
- Whether the ALJ adequately evaluated the persuasiveness of the medical opinions under 20 C.F.R. § 404.1520c.
- Whether the ALJ properly evaluated Nunez's testimony and subjective reports.
- Whether the Commissioner met the step-five burden of showing that jobs existed in significant numbers in the national economy that Nunez could perform.
Holdings
- The ALJ's RFC determination was not supported by substantial evidence because it omitted limitations reflecting Nunez's reduced ability to stay on task and maintain regular attendance, despite the ALJ's finding of a moderate limitation in concentrating, persisting, or maintaining pace and medical opinions supporting such limitations.
- The ALJ's rejection of nearly all of the medical opinions for lack of consistency and supportability was not supported by substantial evidence because the opinions were largely consistent with one another, with Nunez's testimony, and with treatment records.
- The ALJ did not adequately support the rejection of Nunez's testimony because the cited evidence did not establish that he could regularly use public transportation or perform activities inconsistent with his claimed limitations, and the ALJ improperly cherry-picked isolated improvements and daily activities.
Key quotations
“Nevertheless, even under this deferential standard, the ALJ must still set forth the “crucial factors” underlying their factual findings and determinations with “sufficient specificity” so that the reviewing court can “decide whether the determination is supported by substantial evidence.”” (17)
“Thus, there is no substantial evidence in the record to support the ALJ’s implicit conclusions that Nunez (1) will miss, at most, one day of work per month and (2) will remain on task during 90% of a given workday, such that a suitable job in the national economy exists.” (23)
“Because such presuppositions have not been satisfied in this instance with respect to the medical opinion evidence, we remand to the ALJ for “fuller consideration” consistent with the applicable legal standards and regulations.” (32)
Factual background
Nunez worked as a security guard at the New York Public Library until panic attacks, anxiety, and medication-related drowsiness caused him to leave his post and fall asleep during shifts; the library terminated him in August 2018. He thereafter experienced recurrent panic attacks, difficulty using public transportation, impaired concentration, and difficulty maintaining regular routines and attendance. The vocational expert testified that an unskilled worker could not maintain employment if off task for more than 10 percent of the workday or absent more than one day per month. Although the ALJ found a moderate limitation in concentrating, persisting, or maintaining pace, the RFC did not expressly account for limitations in staying on task or maintaining regular attendance.
Procedural history
Nunez applied for Supplemental Security Income and Social Security Disability Insurance after losing his security-guard job due to panic attacks and related symptoms. The Social Security Administration denied his claims, and an administrative law judge found him not disabled; the Appeals Council denied review, making the ALJ's decision final. Nunez sought judicial review in the Southern District of New York, which affirmed the denial on March 30, 2023. The Second Circuit vacated and remanded for further record development and reconsideration.
Remand instructions
The case is remanded to the Commissioner for further record development and reconsideration. The ALJ must reassess Nunez's RFC at step four, including whether he can remain off task for no more than 10 percent of the workday and miss no more than one day of work per month; reevaluate the medical opinions under the applicable legal standards; and determine at step five whether jobs exist in the national economy that Nunez could perform in light of any attendance and on-task limitations.