United States District Court, N.D. Oklahoma
OPINION AND ORDER
J. Cleary Judge.
Jennifer Kelley (“Kelley”) seeks judicial review
of the decision of the Commissioner of the Social Security
Administration (“Commissioner”) denying her
application for disability insurance benefits under Title II
of the Social Security Act, 42 U.S.C. §§ 401 et
seq. For the reasons discussed below, the
Commissioner's decision is REVERSED AND REMANDED.
Security Law and Standard of Review
under the Social Security Act is defined as the
“inability to engage in any substantial gainful
activity by reason of any medically determinable physical or
mental impairment.” 42 U.S.C. § 423(d)(1)(A). A
claimant is disabled under the Act only if his
“physical or mental impairment or impairments are of
such severity that he is not only unable to do his previous
work but cannot, considering his age, education, and work
experience, engage in any other kind of substantial gainful
work which exists in the national economy.” 42 U.S.C.
§ 423(d)(2)(A). Social Security regulations implement a
five-step sequential process to evaluate a disability claim.
20 C.F.R. § 404.1520. See also Wall v. Astrue, 561
F.3d 1048, 1052 (10th Cir. 2009) (detailing steps). “If
a determination can be made at any of the steps that a
claimant is or is not disabled, evaluation under a subsequent
step is not necessary.” Lax, 489 F.3d 1080,
1084 (10th Cir. 2007) (citation and quotation omitted).
review of the Commissioner's determination is limited in
scope to two inquiries: first, whether the decision was
supported by substantial evidence; and, second, whether the
correct legal standards were applied. Hamlin v.
Barnhart, 365 F.3d 1208, 1214 (10th Cir. 2004).
evidence is such evidence as a reasonable mind might accept
as adequate to support a conclusion. It requires more than a
scintilla, but less than a preponderance.”
Wall, 561 F.3d at 1052 (quotation and citation
omitted). Although the court will not reweigh the evidence,
the court will “meticulously examine the record as a
whole, including anything that may undercut or detract from
the ALJ's findings in order to determine if the
substantiality test has been met.” Id.
was thirty-one years old on the amended alleged date of onset
of disability and thirty-six on the date of the
Commissioner's final decision. [R. 1, R.192 (Ex. B1D)].
She has a high school education and two years of college. [R.
383 (Ex. B20E)]. She has previous experience in
administration support; as an engineering aide and office
coordinator in the oil and gas business; as a baker at a
grocery store; and in hazardous material administrative
support in a transportation business. [R. 383 (Ex. B20E)]. In
her application, she claimed to be unable to work as a result
of major depression and injuries that make it hard to stand;
anxiety; hearing voices; broken right ankle and knee; and
arthritis. [R. 382 (Ex. B20E)].
decision, the ALJ found that Kelley met insured status
requirements through June 30, 2013, and, at Step One, that
she had not engaged in any substantial gainful activity
October 10, 2010, the alleged onset date. [R. 24]. He found
at Step Two that Kelley had severe impairments of marijuana
abuse and depression. [R. 25]. At Step Three, he
found that the impairments did not meet or medically equal
any listing. Id. He concluded that Kelley had the
following residual functional capacity (“RFC”):
The claimant is limited to simple and some complex tasks
(defined as semiskilled work with a specific vocational
preparation (SVP) of 3-4). The claimant is unable to have
contact with the public. The claimant's contact with
coworkers and supervisors should be superficial (defined as
brief and cursory contact). .
28]. At Step Four, the ALJ determined that, based on the RFC,
the claimant was unable to perform any past relevant work.
[R. 32]. At Step Five, he found that, considering
Kelley's age, education, work experience and residual
functional capacity, there were jobs existing in significant
numbers in the national economy that she could perform,
including hand packager, medium exertional, DOT #920.587-018,
17, 500 jobs in Oklahoma and 220, 000 jobs nationally;
assembler, light exertional, DOT #706.684-022, 13, 000 jobs
in Oklahoma and 180, 000 jobs nationally; clerical mailer,
sedentary exertional, DOT #209.587-010, 10, 000 jobs in
Oklahoma and 125, 000 jobs nationally; assembler, sedentary
exertional, DOT #726.685-066, 7, 000 jobs in Oklahoma and 93,
000 jobs nationally; and trimmer, sedentary exertional, 6,
500 jobs in Oklahoma and 95, 000 jobs nationally. [R. 33].
the ALJ found that Kelley had not been under a disability
from October 10, 2010, through ...