Zackery Angel R. v. Commissioner of Social Security

Summary

This Report and Recommendation addresses a challenge to the Social Security Administration’s denial of Supplemental Security Income benefits. The court recommends granting the complaint and remanding for further proceedings because the ALJ recognized both a 10 percent off-task limitation and an expectation of some absences but did not present a combined hypothetical to the vocational expert. The recommendation declines to resolve the plaintiff’s remaining challenge to the evaluation of a medical opinion.

Holdings

1. When an ALJ recognizes both off-task behavior and some degree of absenteeism, but presents the vocational expert with only separate hypotheticals rather than a hypothetical combining those limitations, the record may be insufficient to support the Step Five finding because the vocational effect of the combined limitations remains unresolved.
2. Remand for further administrative proceedings, rather than an immediate award of benefits, was appropriate because the record left unresolved whether a quantifiable absenteeism limitation was supported and whether its combination with the off-task limitation would preclude competitive employment.

Questions Presented

1. Whether the ALJ's Step Five determination was supported by substantial evidence when the ALJ recognized both a 10 percent off-task limitation and some expected absences but did not present the vocational expert with a combined hypothetical.
2. Whether the case should be remanded for further proceedings or for an immediate award of benefits.

Disposition

reversed_and_remanded