United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER
THIS
MATTER is before the Court on Plaintiff Carlos Jose
Villanueva's Motion to Reverse and Remand the Social
Security Commissioner's final decision denying Plaintiff
period of disability and disability insurance benefits. Doc.
19. The Court concludes that the ALJ failed to consider all
moderate limitations a state medical consultant found
Plaintiff to have and, as a result, this case must be
remanded for further consideration. Accordingly, the Court
will grant Plaintiff's motion and remand
this action to the Commissioner for further proceedings
consistent with this opinion.
I.
BACKGROUND
Plaintiff
applied for period of disability and disability insurance
benefits on January 20, 2015. Administrative Record
(“AR”) 10. He alleged a disability onset date of
May 9, 2014. Id. After his claim was denied on
initial review and upon reconsideration, an ALJ held a
hearing on February 19, 2016. Id.
On
March 15, 2016, the ALJ issued a written decision finding
that Plaintiff was not disabled within the meaning of the
Social Security Act. AR 10-20. In arriving at his decision,
the ALJ found that Plaintiff suffered from the following
severe impairments: (1) kidney/renal stones with renal colic
and pain; (2) anxiety/acute stress disorder; (3) panic
disorder without agoraphobia; (4) depression; (5)
posttraumatic stress disorder; and (6) adjustment disorder
with anxiety/depression. AR 13. The ALJ, however, found that
these impairments, individually or in combination, did not
meet or medically equal one of the listed impairments in 20
CFR Part 404, Subpart P, Appendix 1. AR 13-14.
Because
he found that Plaintiff's impairments did not meet a
Listing, the ALJ then went on to assess Plaintiff's
residual functional capacity (“RFC”). AR 15. The
ALJ stated that
After careful consideration of the entire record, I find that
the claimant has the residual functional capacity to perform
medium work (lift, carry, push and pull 50 pounds
occasionally and 25 pounds frequently, stand/walk for six
hours each out of an eight-hour workday, and sit for six
hours out of an eight-hour workday) as defined in 20 CFR
404.1567(c) except he may never climb ladders, ropes or
scaffolds. The claimant must avoid all exposure to hazards
such as dangerous machinery and unsecured heights. He is
fully capable of learning, remembering and performing simple
and detailed work tasks which are performed in a routine,
low-stress work environment, defined as one in which there is
a regular pace, few workplace changes, and no
"over-the-shoulder" supervision. He can attend and
concentrate for two hours at a time with regular breaks. He
can interact appropriately with supervisors, co-workers and
the public.
AR 15. The ALJ concluded that Plaintiff was unable to perform
any past relevant work. AR 19. Nonetheless, based in part on
the testimony of a vocational expert, the ALJ then determined
at step five that there were jobs that existed in significant
numbers in the national economy that he could perform. AR 20.
Plaintiff
appealed the ALJ's decision to the Social Security
Appeals Council and the Appeals Council denied the request
for review. AR 1. This appeal followed. Doc. 19.
II.
APPLICABLE LAW
A.
Disability Determination Process
A
claimant is considered disabled for purposes of Social
Security disability insurance benefits if that individual is
unable “to engage in any substantial gainful activity
by reason of any medically determinable physical or mental
impairment which can be expected to result in death or which
has lasted or can be expected to last for a continuous period
of not less than 12 months.” 42 U.S.C. §
423(d)(1)(A). The Social Security Commissioner has adopted a
five-step sequential analysis to determine whether a person
satisfies these statutory criteria. See 20 C.F.R.
§ 404.1520. The steps of the analysis are as follows:
(1) Claimant must establish that she is not currently engaged
in “substantial gainful activity.” If Claimant is
so engaged, she is not disabled and the analysis stops.
(2) Claimant must establish that she has “a severe
medically determinable physical or mental impairment . . . or
combination of impairments” that has lasted for at
least one year. If Claimant is not so impaired, she is not
disabled and the analysis stops.
(3) If Claimant can establish that her impairment(s) are
equivalent to a listed impairment that has already been
determined to preclude substantial gainful activity, Claimant
...