United States District Court, D. Colorado
TEDDY J. GUERIN, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
OPINION AND ORDER REVERSING THE COMMISSIONER'S
S. Krieger Chief Judge
MATTER comes before the Court on the Plaintiff's
Complaint (# 1), the Plaintiff's Opening
Brief (# 15), the Defendant's Response
(# 16), and the Plaintiff's Reply
(# 17). For the following reasons, the
Commissioner's decision is reversed and the matter is
remanded for further proceedings.
Court has jurisdiction over an appeal from a final decision
of the Commissioner under 42 U.S.C. § 405(g).
Guerin seeks judicial review of a final decision by the
Commissioner denying his claims for disability insurance
benefits (DIB) and supplemental security income (SSI) under
the Social Security Act. In March 2010, Mr. Guerin filed for
DIB and SSI, claiming he became disabled in January 2009. Tr.
at 325-35. Though the Appeals Council twice remanded the
ALJ's decision for further proceedings, it denied review
for the ALJ's decision dated September 11, 2015, which
stands as the final decision of the Commissioner. He now
appeals to this Court pursuant to 42 U.S.C. § 405(g).
time of his alleged onset of disability, Mr. Guerin was 54
years old. Tr. at 365. He was previously employed as an order
puller in a grocery warehouse and a provider of home care
services. Tr. at 469-70. The Court summarizes only the
evidence relevant to its decision.
Guerin completed a Work History Report in which he described
his past employment as an order puller and home-care
provider. Tr. at 469-76. He stated that, as an order puller,
he frequently lifted 50 pounds or more and sometimes lifted
100 pounds or more. Tr. at 470. At the hearing, the ALJ asked
the vocational expert (VE) if he had enough information to
categorize Mr. Guerin's past work and if he needed any
additional information. Tr. at 62. The VE stated he had
enough information and did not require anything further. Tr.
at 62. The ALJ then proposed a hypothetical to the vocational
expert (VE) in the following colloquy:
Q The second hypothetical is this person is able to
occasionally lift and/or carry about 50 pounds, can
frequently lift and/or carry about 25 pounds, can stand
and/or walk for about six hours out of an eight-hour workday,
can sit for about six hours out of an eight-hour workday,
should only occasionally climb ladders, has no other physical
limitations and the rest of the hypothetical remains the same
as hypothetical number one regarding simple instructions with
no frequent or prolong[ed] social interactions.
A Yes, Your Honor.
Q Would that person be able to perform any of the
claimant's past work? . . . [F]or the second hypothetical
would this person have been able to perform both the
warehouse job ...