Deborah L. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Western District of Kentucky reviewed the Commissioner of Social Security's denial of the plaintiff's claims for Disability Insurance Benefits and Supplemental Security Income. The court held that the Administrative Law Judge's residual functional capacity assessment and decision were supported by substantial evidence, and that any omission concerning gradual and occasional situational changes was harmless in light of vocational-expert testimony. The court affirmed the Commissioner's final decision and dismissed the complaint.

Holdings

1. The ALJ did not commit reversible error by omitting verbatim from the RFC the state-agency limitation that Plaintiff adapt to situational changes that are gradual and occasional.
2. Any error in failing to include the limitation that situational changes be gradual and occasional was harmless because the vocational expert identified jobs existing in significant numbers in the national economy under a more restrictive hypothetical that included that limitation.
3. The Commissioner's final decision denying DIB and SSI benefits was supported by substantial evidence and complied with applicable law.

Questions Presented

1. Whether the ALJ's residual functional capacity assessment adequately accounted for the moderate limitation in adapting and managing oneself identified at step three.
2. Whether any omission from the RFC of a limitation requiring adaptation to gradual and occasional situational changes was harmless in light of the vocational expert's testimony.
3. Whether the Commissioner's final decision was supported by substantial evidence and made under the proper legal standards.

Disposition

affirmed