K.F. v. Kijakazi

Background

K.F. sought judicial review of the Commissioner of Social Security’s final decision denying her claim for disability insurance benefits under Title II of the Social Security Act. K.F. alleged limitations from anxiety, post-traumatic stress disorder, panic attacks, agoraphobia, depression, attention deficit hyperactivity disorder, scoliosis, back pain, eczema, and psoriasis.

The administrative law judge (ALJ) found that K.F. had not engaged in substantial gainful activity since April 1, 2016, and had severe impairments including degenerative disc disease, thoracolumbar scoliosis, lichen sclerosis of the female genitalia, psoriasis, eczema, major depressive disorder, attention deficit hyperactivity disorder, and alcohol dependence. The ALJ found that her impairments did not meet or equal a listed impairment and assessed a residual functional capacity (RFC) for medium work with limits on overhead reaching, handling and fingering, task complexity, workplace contact, stress, and changes in the work setting. The ALJ found that K.F. could not perform her past work but could perform jobs such as laborer, stores; cleaner, industrial; and launderer. The ALJ therefore found her not disabled.

The parties filed competing motions for summary judgment. K.F. argued that the ALJ improperly evaluated her impairments, third-party testimony, medical opinions, symptom testimony, and RFC.

Court’s Analysis

Anxiety and obsessive-compulsive disorders. The court held that the ALJ erred by failing to mention or assess K.F.’s anxiety and obsessive-compulsive disorder diagnoses at step two of the disability analysis. The ALJ also failed to meaningfully assess those disorders at a later step. The court found that the error was not harmless and remanded on this ground.

Third-party testimony. Rebecca Auster, K.F.’s friend, submitted testimony about K.F.’s social anxiety, daily activities, and ability to function. The court held that the ALJ was required to consider this lay-witness evidence and, if rejecting it, provide specific reasons related to Auster. Because the ALJ did not fully address the testimony and had also improperly evaluated K.F.’s related social-anxiety testimony, the court remanded on this ground as well.

Medical opinions. The court held that the ALJ failed to evaluate the persuasiveness of Shannon Wozniak’s opinions as required by the Social Security regulations. The court also held that the ALJ’s evaluation of Paula Moreno’s opinion addressed consistency with the overall record but did not address supportability—whether objective evidence and the provider’s explanations supported the opinion. The court found these errors were not harmless and warranted remand.

K.F.’s symptom testimony. The ALJ relied on medical evidence and K.F.’s daily activities to discount her testimony about the severity of her symptoms. The court held that the ALJ did not adequately explain how the cited medical findings undermined K.F.’s testimony. The court also held that the ALJ did not make the required findings that K.F.’s activities were transferable to a work setting or occupied a substantial part of her day. These errors warranted remand.

RFC. The court also remanded for reconsideration of the RFC because it was based in part on the medical evidence that the ALJ had improperly evaluated.

Disposition

The court granted K.F.’s motion for summary judgment, denied the Commissioner’s cross-motion for summary judgment, and remanded for further proceedings consistent with the order. The court concluded that further administrative proceedings could remedy the identified defects and did not direct an award of benefits.