Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Guerin v. Berryhill

United States District Court, D. Colorado

November 20, 2017

TEDDY J. GUERIN, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.

          OPINION AND ORDER REVERSING THE COMMISSIONER'S DECISION

          Marcia S. Krieger Chief Judge

         THIS 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.

         I. JURISDICTION

         The Court has jurisdiction over an appeal from a final decision of the Commissioner under 42 U.S.C. § 405(g).

         II. BACKGROUND

         A. Procedural History

         Teddy 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).

         B. Factual Background

         At the 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.

         Mr. 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.