Lori M. o/b/o Lisa M. v. Commissioner of Social Security

Summary

The United States District Court for the Western District of New York reviewed a partially unfavorable decision of the Commissioner of Social Security concerning the claimant’s disability-benefits application. The court held that the Administrative Law Judge inadequately explained the basis for limiting the claimant to being off-task 5% of the workday and remanded for further proceedings under 42 U.S.C. § 405(g), sentence four. The court also directed clarification of the evaluation of medical opinions and vocational evidence.

Holdings

1. The ALJ committed legal error by finding that the claimant would be off task for exactly 5% of the workday without adequately explaining which specific allegations, symptoms, medical opinions, or other record evidence supported that limitation.
2. The court did not finally resolve the adequacy of the ALJ's evaluation of the medical opinions, but held that remand would provide an opportunity for the ALJ to clarify how the required regulatory factors of supportability and consistency were applied.
3. The court did not finally resolve the vocational-evidence issue, but stated that, on remand, the ALJ should clarify how conflicting vocational evidence can be harmonized and may need to obtain additional vocational testimony depending on resolution of the RFC issue.

Questions Presented

1. Whether the ALJ supported the residual functional capacity finding that the claimant would be off task for exactly 5% of the workday with substantial evidence.
2. Whether the ALJ adequately applied the regulatory supportability and consistency factors to the medical opinions of the state agency reviewer, treating rheumatologist, and physical therapist.
3. Whether the ALJ adequately addressed conflicts between vocational-expert testimony from different hearings and a possible conflict between vocational testimony and the Dictionary of Occupational Titles.

Disposition

remanded