Claim Remanded for Consideration of Mental Limitations

Empire Justice Center January 28, 2019

Doris Cortes is on a roll! In addition to the Appeal Council reversal described above, Doris just received a remand in another claim. The Appeals Council found that further consideration of her client’s residual functional capacity is required. The ALJ found the claimant’s depression and anxiety were severe impairments, resulting in moderate limitations in the areas of concentration, persistence, and pace – as part of the “B” criteria of the mental listing determination. Yet she failed to incorporate any mental limitations in the RFC. The ALJ found the claimant could do light work but limited to frequent fingering, handling and grasping (not constant) and with instructions provided in Spanish or visually; she gave no non-exertional limitations despite finding depression and anxiety severe.


The Appeals Council ordered the ALJ to obtain additional evidence of the claimant’s mental and physical impairments in order to re-evaluate the RFC, and provide a rationale with specific references to the evidence of record. The Appeals Council also objected to the ALJ’s reliance on the report of a consultative examination that was in Spanish, and never translated into English for the record.


Keep up the good work, Doris!