*1 Plaintiff Joseph Miracolo (“plaintiff”) commenced this action pursuant to 42 U.S.C. §§405(g) and 1383(c)(3) of the Social Security Act on February 18, 2015, challenging the final decision of the Acting Commissioner of Social Security (the “Commissioner”)1 denying plaintiff’s application for Social Security disability benefits on December 23, 2014. (ECF No. 1; Administrative Record (“AR”) at 2.) The Court remanded this case to the Commissioner, pursuant to the sixth sentence of 42 U.S.C. §405(g), to consolidate plaintiff’s claims for widow’s insurance and disability insurance benefits, conduct a new hearing, and issue a new decision on the consolidated claims. (ECF No. 9.) On remand, plaintiff received a partially favorable decision: on February 24, 2016, he was found not to have been disabled prior to January 17, 2015, but to have been disabled as of that date.2 (AR at 608, 620.) The*2
Appeals Council affirmed this decision, which therefore stood as the Commissioner’s final decision. (AR at 381.)Plaintiff now challenges the unfavorable portion of the Commissioner’s decision, finding that plaintiff was not disabled under the Social Security Act from March 5, 2012 through January 16, 2015. (ECF No. 17-1 at 1.) In particular, plaintiff challenges the determination that he was capable of performing other work that existed in significant numbers of jobs in the national economy from March 5, 2012 through January 16, 2015. (Id.)Plaintiff moves for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). (ECF No. 17.) The Commissioner opposes the motion and cross-moves for judgment on the pleadings. (ECF Nos. 20-21.) For the reasons set forth below, the Court denies plaintiff’s motion for judgment on the pleadings, denies the Commissioner’s cross-motion for judgment on the pleadings, and remands the case to the Administrative Law Judge (“ALJ”) for further proceedings consistent with this Memorandum and Order.I. FACTUAL BACKGROUNDThe following summary of the relevant facts is based upon the Administrative Record developed by the ALJ hearing plaintiff’s case following remand.3 (ECF Nos. 13-15.) A more exhaustive recitation is contained in the parties’ submissions to the Court and is not repeated herein.A. Personal and Work HistoryPlaintiff was born on January 18, 1960. (AR at 147, 159.) Plaintiff was 52 years old at the onset of his disability on March 5, 2012, and 56 years old at the time of the second hearing before an ALJ in this case on February 2, 2016. (Id. at 389, 392.) Plaintiff received a high school education and completed specialized job training in carpentry I and II. (Id. at 164.) Plaintiff held only one job before the alleged onset of his disability, working as a roofer for a construction company. (Id.) Plaintiff testified that he worked as a roofer for 28 years. (Id. at 400.) In this job, plaintiff used machines, tools, and equipment, and carried roofing materials such as slates and shingles, some of which weighed over 100 pounds. (Id. at 165.) Plaintiff would stoop, kneel, crouch, climb, and crawl for hours each day while performing his job as a roofer.4 (Id.) Plaintiff was working as a roofer when his alleged disability began as a result of a work-related injury: he testified that he was carrying heavy slate when he “felt the thing pop.” (Id. at 306, 401.) His testimony and written reports regarding his symptoms from the date of alleged onset through the date of his second hearing before an ALJ are discussed in detail in Section D.
