Gallucci v. Kijakazi

Background

Stephen Michael Gallucci sought review of the Acting Commissioner of Social Security’s final decision that he was not eligible for Supplemental Security Income benefits. Gallucci alleged that right shoulder arthrosis, anxiety disorder, eczema, and gout prevented him from working. The Administrative Law Judge found that Gallucci had severe impairments involving his cervical and lumbar spine, eczema, gout, and right shoulder, but found his anxiety disorder non-severe.

The Administrative Law Judge decided that Gallucci could perform light work with additional restrictions, including no climbing of ladders, ropes, or scaffolds; only occasional performance of several physical activities; and only occasional overhead reaching with his dominant right arm. The Administrative Law Judge also found that Gallucci could perform his past work as a bartender and therefore was not disabled under the Social Security Act.

Court’s Analysis

The court rejected Gallucci’s argument that the Administrative Law Judge improperly selected only favorable medical evidence concerning his shoulder. The court concluded that the Administrative Law Judge addressed conflicting medical opinions about reaching and adequately explained why some opinions were less persuasive. The court also found substantial evidence supporting the Administrative Law Judge’s treatment of Gallucci’s eczema and gout, including the medical evidence, treatment history, reported activities, and opinions that he could stand or walk for extended periods.

The court agreed with Gallucci, however, that the Administrative Law Judge failed to consider his anxiety disorder when determining his residual functional capacity. Residual functional capacity is the most a person can still do despite physical and mental limitations. Although the Administrative Law Judge found mild limitations in Gallucci’s ability to interact with others, concentrate, persist, maintain pace, and adapt or manage himself, the decision did not discuss those limitations when setting the residual functional capacity. The court held that identifying the anxiety disorder as non-severe did not eliminate the duty to consider it, and that the omission was legal error requiring remand.

Disposition

The court granted in part and denied in part Gallucci’s motion for judgment on the pleadings. It also granted in part and denied in part the Commissioner’s motion for judgment on the pleadings. The court remanded the case to the Commissioner for further proceedings consistent with the opinion. It did not award benefits in this order. The Clerk of Court was directed to terminate the pending motions and close the case.