Amber W. v. Commissioner of Social Security

District Court, D. New Jersey·Decided March 25, 2026·No. 3:25-cv-10250·Unknown

Opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

AMBER W.,, .

Plaintiff, vy. Civil Action No. 25-10250 (RK) COMMISSIONER OF SOCIAL SECURITY, OPINION Defendant.

KIRSCH, District Judge THIS MATTER comes before the Court on Amber W.’s! (“Amber” or “Plaintiff”) appeal from the Commissioner of the Social Security Administration’s (the “Commissionet”) final decision denying Amber’s request for disability insurance benefits. (ECF No. 1.) The Court has jurisdiction to review this appeal under 42 U.S.C. § 405(g) and reaches its decision without oral argument under Local Civil Rule 78.1. For the reasons below, the Court VACATES and REMANDS the Commissioner’s decision for further proceedings. I. BACKGROUND In this appeal, the Court must answer the following question: Did Administrative Law Judge Sharon Allard (‘the ALJ” or “Judge Allard”) properly analyze, with substantial evidence, Amber’s residual functional capacity under the Social Security Act? A. PROCEDURAL POSTURE On October 21, 2021, Amber filed an application for a period of disability and disability insurance benefits, alleging an onset date of June 24, 2021. (Administrative Record (“AR”) at 90.)”

The Court identifies Plaintiff by first name and last initial only. See D.N.J. Standing Order 2021-10. The Administrative Record (“Record” or “AR”) is available at ECF Nos. 8-1 through 8-28, This Opinion

At the time of the alleged onset date, Amber was 30 years old. Ud.) The Social Security Administration (the “Administration’’) denied the requests both initially, (/d. at 109-13), and on reconsideration, (7d. at 116~20). Thereafter, Amber requested a hearing before an Administrative Law Judge (ALI). Ud, at 126.) On December 12, 2023, Amber, who was represented by counsel, and Brian Daly, a vocational expert (“VE”), testified at a hearing before Judge Allard. Ud. at 46— 89.) On May 28, 2024, Judge Allard issued a written decision finding that Amber was not disabled. (id. at 14~39.) The Administration’s Appeals Council denied Amber’s request to review Judge Allard’s decision. (/d. at 1-6.) This appeal followed, (ECF No. 1.) The Administrative Record was filed on August 20, 2025, (ACF No. 8.) Amber then filed her moving brief (PI. Br.,” ECF No. 11), the Commissioner filed an opposition (““Opp.,” ECF No, 15), and Amber replied (“Reply,” ECF No. 16). B. JUDGE ALLARD’S DECISION

_ As stated in her May 28, 2024 decision, Judge Allard held that Amber was not disabled under the prevailing Administration regulations. (See generally AR at 14-39.) To reach this conclusion, Judge Allard analyzed Amber’s application under the five-step process for determining whether an individual is disabled, as set forth in 20 C.FLR. §§ 404.1520(a)(4)@)-(). At Step One, Judge Allard found that Amber had not engaged in substantial gainful activity since June 24, 2021, her alleged onset date. Ud. at 26 (citing 20 C.F.R. § 404.1571 ef seq.).) At Step Two, Judge Allard found that Amber suffers from six severe impairments; migraines, diseases of the esophagus, disorder of the spine, neuropathy, anxiety and obsessive- compulsive disorder, and depressive and bipolar disorder. Ud. at 26-27 (citing 20 C.FLR.

will reference only page numbers in the record without the corresponding ECF numbers.

§ 404.1520(c)).} Tudge Allard concluded that these severe impairments “significantly limit” Amber’s ability to perform basic work activities. (7d. at 26.) Judge Allard also found that Amber’s asthma is a non-severe impairment, as it has “no more than a minimal effect on her ability to perform basic work activities.” Ud. at 26—27 (citing AR at 1963).) At Step Three, Judge Allard determined that Amber does not have an “impairment or combination of impairments” that qualified under the Administration’s listed impairments, (/d, at 27-29 (citing 20 CLF.R. $§ 404,1520(d), 404.1525, 404.1526).) As a precursor to Step Four, Judge Allard concluded, based on a review of the evidence in the record, that Amber has the residual functional capacity (“RFC”) to perform “light” work, see 20 C.F.R. § 404.1567(b), but that any job she performs has to be limited in specified ways: The claimant can perform light work (lift and carry up to 20 pounds occasionally and 10 pounds frequently; stand/walk 6 hours in an 8-hour day; and sit 6 hours in an 8-hour day). The claimant can occasionally climb ramps and stairs, balance on wet, moving, or uneven surfaces, kneel, stoop, and crouch; but cannot crawl, climb ladders, ropes, or scaffolds, or work around hazards, including moving mechanical parts or at unprotected heights, The claimant can have occasional moderate exposure to temperature extremes of heat and cold, humidity, fumes[,] odors, dusts, gases, and other pulmonary irritants. The claimant can understand and execute simple and routine tasks which are not at an assembly line pace. She can have occasional contact with coworkers, supervisors, and the public, but not with tasks that involve direct customer service. The claimant would be off task 5% of the workday due to her impairments. (AR at 29-30.) As part of this determination, Judge Allard incorporated extensive evidence from the record, Judge Allard chronicled more than two-and-a-half years of medical progress notes beginning from Amber’s June 2021 alleged onset date. Ud. at 2125.) As is most relevant to this appeal, the ALJ discussed Amber’s extensive treatment history for her gastroparesis and various gastrointestinal (“GI”) complaints. Following G-POEM surgery on May 14, 2021,? Amber’s GI

3 “Gastric peroral endoscopic myotomy (G-POEM) is a minimally invasive procedure to relieve symptoms of gastroparesis. ... G-POEM can be an effective treatment for persistent gastroparesis that causes severe symptoms.” G-POEM fer Gastroparesis, Johns Hopkins Med.,

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