Luz Maria Orozco v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California denied Luz Maria Orozco’s motion for summary judgment and affirmed the Commissioner of Social Security’s denial of disability benefits. The court held that the Administrative Law Judge properly evaluated Plaintiff’s education and English-language proficiency under the applicable regulations and adequately considered the medical opinion of Dr. Fabella.

Holdings

1. Under the Social Security regulations and guidance applicable after April 27, 2020, English-language proficiency is no longer a factor used to determine a claimant's education category, and the ALJ did not err by declining to address Orozco's alleged lack of English proficiency at step five.
2. The ALJ properly evaluated Dr. Fabella's opinion by addressing its supportability and consistency and reasonably found it partially persuasive.
3. The ALJ did not commit reversible error by omitting hourly sitting breaks because Dr. Fabella's statement that Orozco would likely benefit from such breaks was a recommendation, not an affirmative functional limitation or imperative.

Questions Presented

1. Whether the ALJ erred by failing to reconcile the vocational expert's testimony with the Dictionary of Occupational Titles and Orozco's alleged inability to communicate effectively in English.
2. Whether the ALJ improperly evaluated Dr. Fabella's medical opinion and erred by failing to include hourly sitting breaks in the residual functional capacity assessment.

Disposition

affirmed