ARENA v. COMMISSIONER OF SOCIAL SECURITY, No. 3:2023cv02484 - Document 10 (D.N.J. 2024)
Court Description: MEMORANDUM OPINION filed. Signed by Judge Michael A. Shipp on 3/5/2024. (kht)
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ARENA v. COMMISSIONER OF SOCIAL SECURITY Doc. 10 Dockets.Justia.com Plaintiffs mental limitations, even if found mild and non-severe, is insufficient when determining a plaintiffs RFC. See Balla, 2019 WL 2482661, at *3; Curry, 2017 WL 825196, at *4-6. Ultimately, "[o]n remand, the ALJ may determine that Plaintiffs mild mental limitations warrant only 'de minimis' or even no corresponding restrictions in the RFC, but it is not the province of the Court to make that determination here." Gunn, 2023 WL 8436054, at *12 (citing Balla, 2019 WL 2482661, at *3; Curry, 2017 WL 825196, at *4-6); see also Curry, 2017 WL 825196, at *6 ("The Court cannot weigh the evidence or substitute its conclusions for those of the ALJ, or independently determine the impact of Plaintiffs mental impairments in combination with her physical impairments on her RFC. Without the ALJ performing that analysis, the Court also cannot determine whether the ALJ' s decision is supported by substantial evidence.") Accordingly, "[t]he Court remands this case for the ALJ to consider how, if at all, Plaintiffs mental limitations impact her RFC and ability to work." Balla, 2019 WL 2482661, at *3. IV. CONCLUSION For the reasons set forth above, the Court remands this matter for further proceedings consistent with this Memorandum Opinion. An appropriate Order accompanies this Memorandum Opinion. MICHAEL A. SHIPP UNITED STATES DISTRICT JUDGE 14
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