Matthew C. v. Commissioner of Social Security

Summary

This Report and Recommendation addresses a Social Security disability claimant’s joint motion for judicial review under 42 U.S.C. § 405(g). The court recommends affirming the Commissioner’s denial of benefits, concluding that the administrative law judge met the step-five burden and that the residual functional capacity assessment was supported by substantial evidence.

Holdings

1. The ALJ erred by failing to independently identify and resolve apparent conflicts between the vocational expert's testimony and the Dictionary of Occupational Titles, and by failing to elicit an adequate explanation for the identified conflict concerning the cleaner II occupation. The error was harmless because the hospital-cleaner and floor-waxer occupations required only frequent handling and existed in significant numbers nationally.
2. The ALJ did not err by failing to identify an apparent conflict between the cleaning occupations and the RFC restriction against concentrated exposure to pulmonary irritants.
3. The ALJ's RFC assessment was supported by substantial evidence and did not require reversal or remand.

Questions Presented

1. Whether the ALJ satisfied the step-five burden to identify jobs existing in significant numbers in the national economy despite an apparent conflict between the vocational expert's testimony and the Dictionary of Occupational Titles.
2. Whether the ALJ's residual functional capacity assessment was supported by substantial evidence, including the assessment of Plaintiff's physical limitations and medical-opinion evidence.
3. Whether the alleged conflict between the use of cleaning compounds in the identified occupations and the RFC restriction against concentrated exposure to pulmonary irritants required remand.

Disposition

other