Nunez v. Commissioner of Social Security

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. The court found that the determination did not adequately account for limitations affecting Nunez’s ability to remain on task and maintain regular work attendance, despite vocational-expert testimony concerning allowable absences and off-task time. The court vacated the district court’s judgment and remanded to the Commissioner of Social Security for further development and reconsideration; Judge Sullivan dissented.

Holdings

1. The ALJ's RFC determination was not supported by substantial evidence because it failed to account for Nunez's limitations in staying on task and maintaining regular work attendance, despite the ALJ's finding of a moderate limitation in concentrating, persisting, or maintaining pace and medical evidence supporting such limitations.
2. The ALJ's rejection of most of the medical opinions was not supported by substantial evidence because the opinions were largely consistent with one another, consistent with treatment records and Nunez's testimony, and not properly rejected as unsupported or inconsistent.
3. The ALJ did not adequately support the rejection of Nunez's testimony because the cited evidence was selectively read and did not contradict his reported limitations.
4. Because the RFC failed to account for attendance and off-task limitations, the record was insufficient to establish that significant numbers of suitable jobs existed in the national economy.

Questions Presented

1. Whether the ALJ supported Nunez's residual functional capacity determination with substantial evidence when the RFC omitted limitations concerning regular attendance and staying on task.
2. Whether the ALJ adequately evaluated the supportability and consistency of the medical opinions under 20 C.F.R. § 404.1520c.
3. Whether the ALJ properly evaluated Nunez's testimony and subjective reports concerning his mental-health limitations.
4. Whether the Commissioner established at step five that suitable jobs existed in significant numbers in the national economy.

Disposition

vacated