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The court ordered the case to be remanded (again) because of the ALJ's faiulure to provide a thorough explanation of the effects of the combination of plaintiff’s obesity with her other impairments.
SSR 02-1p (Titles II and XVI: Evaluation of Obesity) states that while the SSA deleted obesity from its listing of impairments in 1999, the SSA continued to ensure that obesity is addressed in the listings: “[W]e consider obesity to be a medically determinable impairment and remind adjudicators to consider its effects when evaluating disability. . . . [T]he combined effects of obesity with other impairments can be greater than the effects of each of the impairments considered separately.”
SSR 02-1p further states that “[t]he effects of obesity may not be obvious. For example, some people with obesity also have sleep apnea. This can lead to drowsiness and lack of mental clarity.” SSR 02-1p makes clear that obesity is to be considered at steps 3, 4, and 5 of the sequential evaluation.
In the present case, the ALJ received specific instructions from the Appeals Council to provide an evaluation of the impact of Plaintiff’s obesity in accordance with SSR 02-1p. Thus, the ALJ was required to provide an explanation of how she considered Plaintiff’s obesity in combination with Plaintiff’s other severe impairments. Yet, the ALJ’s remand decision fails to do so. Indeed, all the ALJ did with respect to the Appeals Council’s instruction was provide a one-sentence conclusion stating her ultimate decision on the matter. The ALJ’s decision provides no reasoning, analysis, or explanation as to why Plaintiff’s obesity “does not increase the severity of claimant’s existing impairments.” Instead, the ALJ disposes of the obesity issue without providing any explanation. Therefore, the Court believes that the ALJ’s remand decision fails to follow the Appeals Council’s order to consider Plaintiff’s obesity in accordance with SSR 02-1p.
The ALJ’s use of one conclusory sentence to evaluate and analyze Plaintiff’s obesity in the written decision falls far short of the further evaluation required by the Appeals Council. Such a holding is in accordance with established case law from this district.
In Elam v. Astrue, 2009 WL 2779135 (E.D. Pa. Sept. 2, 2009), the court stated: “The ALJ must . . . engage in and document his or her analysis of the obesity in step three of the sequential analysis forward. This is especially imperative when assessing the impact of obesity on musculoskeletal, respiratory, and cardiovascular impairments like those at issue in this case.” Similarly, in Morris v. Barnhart, 2004 WL 1238397 (E.D. Pa. May 10, 2004), the court required a remand for essentially the same reason.
Similarly here, the ALJ failed to provide any analysis – thorough or otherwise – regarding the effect of the combination of Plaintiff’s obesity on her other impairments, as was specifically required by the Appeals Council when ordering remand. In the absence of any such analysis, the Court is unable to determine whether the ALJ’s decision is supported by substantial evidence. Therefore, as in both Elam and Morris, this case must be remanded to the ALJ.
