United States District Court, D. Colorado
CAROL S. OPITZ, 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 Carol S. Opitz (“Opitz”)
challenges the final decision of Defendant, the Social
Security Administration (“Administration”),
denying her application for disability insurance benefits.
The denial was affirmed by an administrative law judge
(“ALJ”), who ruled that Opitz was not disabled
within the meaning of the Social Security Act. This appeal
followed.
For the
reasons set forth below, the ALJ's decision denying
Opitz's application for disability insurance benefits is
vacated and remanded for further proceedings consistent with
this Order.
I.
BACKGROUND
Opitz
was born in 1953, and was 61 years old on the alleged
disability onset date of July 24, 2015. (Administrative
Record (“R.”) (ECF No. 10) at 73.) In the fifteen
years preceding the alleged onset date, Opitz worked at
Safeway as a deli manager, a cashier, and a “food
clerk.” (R. at 53-55, 83.)
Opitz
applied for disability insurance benefits on September 2,
2015. (R. at 146-52.) She claimed that she is disabled due to
rheumatoid arthritis, fibromyalgia, degenerative disc
disease, spondyolisthesis, connective tissue disease,
trochanteric bursitis, osteoarthritis, and diabetes. (R. at
180.) Her application was denied on November 16, 2015. (R. at
72.) She requested and received a hearing in front of an ALJ,
Kathryn D. Burgchardt. (R. at 92-96, 107.) That hearing took
place on May 18, 2017. (R. at 37.) On August 29, 2017, the
ALJ issued a written decision in accordance with the
Administration's five-step sequential evaluation
process.[2] (R. at 13-29.)
At step
one, the ALJ found that Opitz had not engaged in substantial
gainful activity since July 24, 2015. (R. at 18.)
At step
two, the ALJ found that Opitz “has the following severe
impairments: fibromyalgia, rheumatoid arthritis, degenerative
disc disease, degenerative joint disease of the left knee,
diabetes mellitus, bursitis, and obesity.” (R. at 18.)
At step
three, the ALJ found that Opitz's impairments did not
meet or medically equal the severity of any of the
“listed” impairments in the Social Security
regulations. (R. at 19-20.)
Before
proceeding to step four, the ALJ assessed Opitz's
residual functional capacity (“RFC”). The ALJ
concluded that Opitz had the RFC
to perform light work as defined in 20 CFR 404.1567(b) except
that [Opitz] can push or pull within the light work weight
restrictions. [Opitz] also should avoid working around
heights, machinery, and should avoid extreme cold.
Furthermore, [Opitz] can occasionally stoop, crouch, kneel,
crawl, and climb ramps and stairs, but cannot climb ladders,
ropes, or scaffolds.
(R. at 20.) Then, at step four, the ALJ concluded that Opitz
could perform her past relevant work as a customer service
representative. (R. at 23.) Therefore, the ALJ did not
proceed to step five.
Accordingly,
the ALJ found that Opitz was not entitled to disability
insurance benefits because she had not been under a
disability from July 24, 2015 through the date of the
ALJ's decision. (R. at 24.) Opitz appealed to the Social
Security Appeals Council (R. at 143-45), which denied review
(R. at 1). Opitz then filed this action seeking review of the
ALJ's August 29, 2017 decision. (ECF No. 1.)
II.
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