Pamela P. v. Frank Bisignano

Summary

The United States Magistrate Judge recommends remand of a Social Security disability-benefits action challenging the Commissioner’s denial of Disability Insurance Benefits. The recommendation concludes that the ALJ did not adequately evaluate the claimant’s neurogenic bladder impairment, its duration, and its potential effects on the residual functional capacity and vocational testimony. The recommended disposition is reversal and remand under the fourth sentence of 42 U.S.C. § 405(g) for further administrative proceedings.

Holdings

1. The ALJ's finding that Pamela P.'s neurogenic bladder was non-severe was not supported by substantial evidence because the evidence showed a medically determinable impairment lasting at least twelve months and potentially affecting basic work activities, including walking.
2. The ALJ's failure to adequately explain the functional effects of neurogenic bladder resulted in a flawed RFC assessment and hypothetical question, and the error was not harmless because the vocational expert testified that being off task for more than fifteen percent of the workday would preclude competitive employment.
3. The proper remedy was remand for further administrative proceedings rather than an immediate award of benefits because the record did not establish that a properly explained denial could not be supported by substantial evidence.

Questions Presented

1. Whether the ALJ's finding that Pamela P.'s neurogenic bladder was not a severe impairment was supported by substantial evidence.
2. Whether the ALJ adequately considered the functional effects of neurogenic bladder, including catheterization and possible off-task time, in the residual-functional-capacity assessment and hypothetical question to the vocational expert.
3. Whether the record required an award of benefits or instead warranted remand for further administrative proceedings.

Disposition

reversed_and_remanded