Jerri Michelle Moore v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California granted Plaintiff Jerri Michelle Moore’s motion for summary judgment and denied the Commissioner’s cross-motion in this Social Security disability case. The court held that the ALJ failed to properly consider Moore’s borderline age and improperly characterized her shoulder treatment as conservative. The court reversed the Commissioner’s decision and remanded for further administrative proceedings.

Holdings

1. The ALJ erred by failing to consider Moore's borderline age because the ALJ used Moore's age on the application date rather than her age on the decision date, did not adequately invoke the borderline-age rule, and did not demonstrate consideration of the approaching age-category change in the vocational-expert analysis.
2. The ALJ could not properly characterize Moore's treatment as conservative based on the absence of total shoulder replacement and her use of over-the-counter medication because Moore had undergone shoulder surgery and the record explained why she did not take prescription pain medication.
3. The court remanded for further administrative proceedings rather than directing an award of benefits because the record as a whole created serious doubt about whether Moore was disabled during the relevant period.

Questions Presented

1. Whether the ALJ erred by failing to consider Moore's borderline age when determining her disability status at step five.
2. Whether the ALJ improperly characterized Moore's shoulder treatment as conservative treatment.
3. Whether the case should be remanded for further administrative proceedings or remanded for an award of benefits under the credit-as-true rule.

Disposition

reversed_and_remanded