United States District Court, D. Colorado
MELISSA M. HAWKINS, Plaintiff,
v.
SOCIAL SECURITY ADMINISTRATION, [1] Defendant.
ORDER VACATING DECISION OF ADMINISTRATIVE LAW
JUDGE
William J. Martínez, United States District Judge
This is
a Social Security benefits appeal brought under 42 U.S.C.
§ 405(g). Plaintiff Melissa M. Hawkins
(“Hawkins”) challenges the final decision of
Defendant, the Social Security Administration
(“Administration”), denying her application for
supplemental security income. The denial was affirmed by an
administrative law judge (“ALJ”), who ruled that
Hawkins was not disabled within the meaning of the Social
Security Act. This appeal followed.
For the
reasons set forth below, the ALJ's decision is vacated
and this case is remanded to the Administration for further
proceedings consistent with this order.
I.
BACKGROUND
Hawkins
was born in 1980 and was 28 years old on the alleged onset
date of June 14, 2009. (Administrative Record
(“R.”) [ECF No. 11] at 40.) Her highest level of
educational achievement was high school graduation. (R. at
253.) In the fifteen years preceding the alleged onset date,
she worked as a dietary aide and a dishwasher. (R. at 45.)
Hawkins
applied for supplemental security income on April 6, 2011.
(R. at 40.) She claimed she is disabled due to back problems,
a herniated disc, and a pinched nerve. (Id.) Her
application was denied on September 29, 2011. (R. at 46-47.)
She requested and received a hearing in front of an ALJ,
Richard Maddigan. (R. at 27.) On October 15, 2012, he issued
a written decision upholding the Administration's denial
of benefits. (R. at 13.) Hawkins ultimately appealed that
decision to this Court. (See Hawkins v. Colvin, No.
14-cv-1102-AP (D. Colo., filed Apr. 17, 2014).) Before the
Court could reach a decision, the Administration moved to
remand the matter for additional findings and conclusions,
and the Court granted that order, thus terminating the
appeal. (R. at 309.)[2]
Hawkins
received a new hearing in front of a new ALJ, Debra Boudreau.
(R. at 286.) On April 8, 2016, she issued a written decision
in accordance with the Administration's five-step
sequential evaluation process.[3]
At step
one, the ALJ found that Hawkins had not engaged in
substantial gainful activity since April 6, 2011. (R. at
247.)
At step
two, the ALJ found that Hawkins “has the following
severe impairments: lumbar degenerative disc disease,
obesity, borderline intellectual functioning, and depressive
disorder with avoidant personality traits.”
(Id.)
At step
three, the ALJ found that Hawkins's impairments, while
severe, do not meet or medically equal any of the
“listed” impairments in the Social Security
regulations. (R. at 248.)
Before
proceeding to step four, the ALJ assessed Hawkins's
residual functional capacity (“RFC”). The ALJ
concluded that Hawkins possesses the RFC
to perform medium work as defined in 20 CFR 416.967(c). Thus,
the claimant can occasionally lift, carry, push or pull 50
pounds at a time, and frequently lift, carry, push, and/or
pull objects weighing up to 25 pounds. The claimant can walk
for six hours during an eight-hour workday, stand for six
hours during an eight hour workday, and can stand or walk for
a total of six hours during an eight-hour workday. The
claimant can sit for six hours total during an eight-hour
workday. The claimant should avoid ladders, unprotected
heights, and avoid close proximity to dangerous moving
machinery. The claimant is able to understand and remember
simple instructions that can be learned and master[ed] ¶
30 days. The claimant can sustain concentration, persistence,
and pace for those instructions as long as the work is in a
low stress environment involving routine work with no
frequent or prolonged social interaction[s]. The claimant can
tolerate supervision[ and] routine work changes, and the
claimant can plan and set simple goals. The claimant can
travel and is able to avoid workplace hazards.
(R. at 252.) Then, at step four, the ALJ concluded that
Hawkins's RFC precludes her from returning to her past
relevant work. (R. at 258.)
At step
five, the ALJ found that Hawkins's RFC permits her to
work as a “farm worker II, ” “industrial
cleaner, ” and “hand packager, ” and that
each of these jobs exists in sufficient numbers in the
regional and national economy. (R. at 260.)
Accordingly,
the ALJ found that Hawkins is not entitled to Social Security
benefits. (R. at 260-61.) Hawkins appealed to the Social
Security Appeals Council, which denied review. (R. at 274.)
Hawkins then filed this action ...