Pablo Nicolas Sotomayor Nacif v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Middle District of Florida reviewed the Commissioner of Social Security’s denial of Pablo Nicolas Sotomayor Nacif’s applications for disability insurance benefits and supplemental security income. The court reversed and remanded under sentence four of 42 U.S.C. § 405(g), holding that the Administrative Law Judge erred by failing to substantively consider post-hearing vocational evidence challenging the vocational expert’s job-number testimony. The court did not reach the claimant’s remaining arguments because they could be affected on remand.

Holdings

1. The ALJ erred by refusing to consider the Department of Labor statistics and other vocational evidence submitted in Plaintiff's post-hearing memorandum, particularly because the evidence conflicted with the vocational expert's testimony concerning the number of jobs available in the national economy.

Questions Presented

1. Whether the ALJ erred by failing to consider and substantively address Plaintiff's post-hearing vocational evidence challenging the vocational expert's job-number testimony.

Disposition

reversed_and_remanded