Facts

Plaintiff Tonie Pugh applied for disability insurance benefits and supplemental social security income under the social security act, which was denied initially and on reconsideration. Pugh then requested a hearing before an administrative law judge, who determined he was not disabled. Pugh filed for judicial review and moved for summary judgment. Defendant cross-motioned for summary judgment.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant erred by determining that plaintiff was able to work the occupations listed for by the vocational expert and further contended that plaintiff lacked the reasoning levels to properly perform in any of the listed occupations. Plaintiff additionally argued that defendant failed to resolve the conflicts between the vocational expert's testimony and plaintiff's residual functional capacity assessment.

DEFENDANT'S CONTENTIONS: Defendant denied all allegations and contended that Pugh suffered from the impairments of depression, status-post right subacromial decompression with residuals, right hand dorsal sensory neuropraxia, degenerative disc disease of the cervical spine, and carpal tunnel syndrome, but was not disabled. Defendant contended he appropriately assessed plaintiff's RFC when he determined that she was not disabled and that no conflict existed between plaintiff's RFC and the VE's testimony.

Result

The court entered judgment granting plaintiff's motion for summary judgment in part and denying defendant's cross-motion for summary judgment on the grounds that a conflict existed between plaintiff's RFC and the VE's testimony. Due to this, the court reversed defendant's decision and remanded the case for further administrative proceedings.