United States District Court, D. Colorado
LYNN M. CARNAHAN, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
ORDER
LEWIS
T. BABCOCK, JUDGE
Plaintiff
Lynn Carnahan appeals Defendant's (the
“Commissioner”) final administrative decision
denying her claim for disability insurance benefits under
Title II of the Social Security Act (the “Act”).
Jurisdiction in this appeal is proper pursuant to 42 U.S.C.
§ 405(g). Oral argument would not materially assist in
the determination of this appeal. After consideration of the
briefs and the record, I reverse the Commissioner's
decision and remand the case for further proceedings.
I.
Statement of the Case
Following
a hearing, Plaintiff's disability claim was denied in a
decision dated June 24, 2016. The Appeals Council denied
Plaintiff's request for review thereby rendering the
ALJ's June 24, 2016 decision the Commissioner's final
decision for purposes of my review. Plaintiff timely filed
this appeal seeking review of the Commissioner's final
decision.
II.
Statement of Facts
A.
Plaintiff's Disability Hearing
At the
May 16, 2016 hearing on Plaintiff's disability claim,
Plaintiff testified that she had worked three temp jobs and
two other short term jobs since she left her 9-year
employment doing credit collections for Staples in April of
2014. AR 316-19. Plaintiff left the last of these jobs the
week before her hearing because of issues with standing and
sitting. AR 316. Plaintiff testified that she was unable to
work full time because sitting all day caused her pain to
escalate and that standing caused pain in her feet and legs.
AR 322. Plaintiff estimated that her pain ranged from 5 to 7
on a scale from 1 to 10 with pain medication and that she
would probably be unable to get out of bed without
medication. AR 322-23. Plaintiff testified that she could sit
for 15-20 minutes and then needed a 2-5 minute break. AR 325.
Plantiff further testified that she suffered from near daily
panic attacks and depression and needed to use an inhaler 2-3
times per month for asthma, COPD, and allergies. AR 326, 328
& 331.
The VE
identified Plaintiff's past work as an accounting clerk,
a collection clerk, a mail carrier, a women's apparel and
accessories salesperson, and a coding file clerk. AR 334. The
ALJ asked the VE if a person 54 years old with a high school
education and Plaintiff's described work history who
could perform work at the medium range of exertion; lift 50
pounds occasionally and 25 pounds frequently; sit, stand, or
walk for unlimited periods; frequently climb, balance, stoop,
kneel, crouch and crawl but who must avoid heights, heavy
machinery, extreme cold, and concentrated exposure to
chemicals could perform any of Plaintiff's past work. AR
334-35. The VE responded that such an individual could
perform all of Plaintiff's past work. AR 335. The VE gave
the same response when the ALJ reduced the exertional level
in her hypothetical to sedentary. Id. The ALJ then
added that the person in her hypothetical would need to
alternate between sitting and standing such that they could
sit for 20 minutes but would then need to get up for 2-5
minutes. Id. The VE responded that this person could
still perform Plaintiff's past work unless they needed to
walk away from their work station for more than 2 minutes. AR
335-36.
Next,
the ALJ questioned the VE about a person who could only sit
and stand and/or walk for 2 hours in an 8-hour workday. AR
336. The VE responded that these restrictions would be work
preclusive. Id. The VE further testified that a
person limited to frequent fingering and handling could
perform all of Plaintiff's past work but a person limited
to occasional fingering and handling could not. Id.
In response to questioning from Plaintiff's attorney, the
VE indicated that a person off task 20 percent of the time
due to pain or panic attacks or absent at least two days per
month would not be able to perform Plaintiff's past work
or any other work. AR 336-37.
B.
The ALJ's Decision
In her
June 24, 2016 decision, the ALJ applied the five-step
sequential process outlined in 20 C.F.R. §§
404.1520(a). At the first step of the sequential process, the
ALJ found that Plaintiff had not engaged in substantial
gainful activity since her alleged disability onset date of
April 30, 2014. AR 296. At the second step, the ALJ found
that Plaintiff had impairments of obesity, peripheral
neuropathy, and headaches. Id. The ALJ concluded
that Plaintiff did not have an impairment or a combination of
impairments that met or medically equaled one of the listed
impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. AR
298.
The ALJ
next concluded that Plaintiff had the RFC to perform
sedentary work as defined in 20 C.F.R. § 404.1567(a)
except that Plaintiff could lift and carry 10 pounds
occasionally and less than 10 pounds frequently; sit, stand,
and without limitations except that Plaintiff needs to stand
for 2-5 minutes at her work station after sitting for 20
minutes; frequently climb, balance, stoop, kneel, crouch, and
crawl; frequently handle and finger; and should avoid
heights, heavy machinery, extreme cold, and concentrated
exposure to chemicals. Id.
The ALJ
then found that Plaintiff was capable of performing her past
relevant work as an accounting clerk, collection clerk, and
coding file clerk and was therefore was not disabled within
the meaning of the Act. AR 305.
III.
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