Opinion
20 CIVIL 906 (DF)
03-31-2022
DIANA LYNN SANABRIA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum and Order dated March 31, 2022, Plaintiffs motion for judgment on the pleadings is granted to the extent it seeks remand to the SSA for further proceedings, and Defendant's cross-motion for judgment on the pleadings is denied. Upon remand, the ALJ is directed (I) To develop the Record by obtaining a functional assessment of Plaintiffs mental impairments from a treating psychiatrist, or, if necessary, a consulting mental health professional; (2) To reweigh the medical opinion of Plaintiffs treating physician, Dr. Antar, in accordance with the treating physician rule, particularly as that opinion relates to Plaintiffs sit/stand ability, her need for frequent breaks, and her need for a certain number of absences from work per month, and to give "good reasons" for discounting any aspect of that opinion; and (3) To reassess Plaintiffs RFC in light of (1) and (2) above, and after giving due consideration to Plaintiffs subjective complaints of pain and of mental limitations, and to recall the VE, if necessary, to make the disability determination based on the reassessed RFC. 1