HARDY v. COLVIN
Filing
13
ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. MS. BROWN'S REQUEST FOR REVIEW IS GRANTED IN PART AND DENIED IN PART. DEFENDANT'S OBJECTIONS ARE OVERRULED. JUDGMENT IS ENTERED IN FAVOR OF MR. HARDY, THEREBY REVERSING THE DECISION OF THE COMMISSIONER FOR THE PURPOSE OF THIS REMAND ONLY. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES, INCLUDING STATISTICS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 4/29/15. 4/30/15 ENTERED AND COPIES E-MAILED.(mbh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES HARDY, JR.,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration,
Defendant.
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CIVIL ACTION
No. 13-2326
ORDER
AND NOW, this 29th day of April, 2015, upon consideration of Mr. Hardy’s Brief and
Statement of Issues in Support of Request for Review (Docket No. 7) and Defendant’s Response
to Mr. Hardy’s Request for Review (Docket No. 9), and after review of United States Magistrate
Judge Marilyn Heffley’s Report and Recommendation (Docket No. 11), and Defendant’s
Objections thereto (Doc. No. 12), it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED.
2. Ms. Brown’s Request for Review is GRANTED in part and DENIED in part, and the
decision of the Commissioner of the Social Security Administration is REVERSED
to the extent that the matter is REMANDED to the Commissioner for further
proceedings consistent with Judge Heffley’s Report and Recommendation.
3. Defendant’s Objections are OVERRULED. 1
1
Defendant objects to the conclusion in the Report and Recommendation that the
Administrative Law Judge (“ALJ”) failed to adequately address Mr. Hardy’s obesity in her
decision. Defendant argues that (1) the ALJ adequately considered and addressed the effects of
obesity on Mr. Hardy’s ability to work; (2) because Mr. Hardy did not assert obesity as an
impairment, the ALJ did not err in her analysis with respect to obesity; and (3) further
consideration of Mr. Hardy’s obesity would not have altered the outcome. The Court reviews
these objections de novo. Brown v. Astrue, 649 F.3d 193, 195 (3d Cir. 2011). In light of Third
Circuit precedent as set forth in Diaz v. Commissioner of Social Security, 577 F.3d 500 (3d Cir.
2009), each of these arguments fails.
The Court agrees with Judge Heffley that the ALJ did not adequately address the effects
of Mr. Hardy’s obesity on steps three through five of the five-step analysis used to determine
whether individuals are entitled to disability benefits. The ALJ found that Mr. Hardy’s obesity
was a severe impairment (step two), but did not discuss the medical severity of his obesity or
how his obesity affected the medical severity of his other impairments (step three). The ALJ
4. JUDGMENT IS ENTERED in favor of Mr. Hardy, thereby reversing the decision of
the Commissioner for the purpose of this remand only.
5. The Clerk of Court shall mark this case CLOSED for all purposes, including
statistics.
BY THE COURT:
S/Gene E.K. Pratter
GENE E.K. PRATTER
United States District Judge
additionally did not consider whether Mr. Hardy’s obesity affected his residual functional
capacity as it relates to his past employment (step four) or other potential employment (step
five). The ALJ acknowledged that she needed to consider obesity’s effects on these steps, but
stated only that “[t]hese considerations have been taken into account in reaching the conclusions
herein at the second through fifth steps of the sequential disability evaluation process.” R. at 23.
This conclusory statement is insufficient to allow for meaningful judicial review. See Diaz, 577
F.3d at 504 (“Conclusory statements that a condition does not constitute the medical equivalent
of a listed impairment are insufficient. The ALJ must provide a ‘discussion of the evidence’ and
an ‘explanation of reasoning’ for his conclusion sufficient to enable meaningful judicial
review.”). Defendant asserts that the ALJ’s reliance on “medical sources who were cognizant of
Plaintiff’s mild obesity as they evaluated Plaintiff’s other alleged impairments” was sufficient.
Objs. at 3. The Court disagrees. Diaz makes clear that when the ALJ determines that obesity
constitutes a severe impairment, merely citing medical reports by doctors aware of the obesity
will not suffice. 577 F.3d at 504.
Defendant attempts to distinguish Diaz by noting that Mr. Hardy did not himself assert
obesity as an impairment. However, the Court finds that “once an ALJ characterizes obesity as a
severe impairment, the ALJ must assess obesity and its effect on claimant’s other impairments
and work ability,” regardless of whether the claimant initially asserted it. Ellis v. Astrue, No. 091212, 2010 WL 1817246, at *4 (E.D. Pa. Apr. 30, 2010) (Rice, M.J.). Therefore, the ALJ was
required to analyze the effect, “individually, and in combination with claimant’s other
impairments,” of Mr. Hardy’s obesity on his “workplace function at every step of the sequential
process.” Id. at *5 (citing Diaz, 577 F.3d at 504-05). The ALJ did not do so.
Finally, Defendant asserts that the error was harmless because Mr. Hardy’s obesity is
mild and would not render him unable to work. The Court cannot reach this conclusion. Mr.
Hardy’s severe impairments included diabetes, a degenerative disc disease of the lumbar spine,
seizure disorder, and depression. R. at 23. Any of these conditions could have been exacerbated
by Mr. Hardy’s obesity, but in her decision the ALJ failed to reason through obesity’s effects on
these conditions and on Mr. Hardy’s ultimate ability to perform work functions such as “a good
deal of walking or standing,” 20 C.F.R. § 416.967(b) (definition of “light work”).
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