Appellant Clarice D. Haga appeals from the denial of her claim for supplemental security income benefits. We have jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g).
The case was decided at step five of the five-step evaluation sequence. See generally Williams v. Bowen,
At the December 3, 2003 hearing, Dr. Dennis A. Rawlings, Ph.D., a consulting mental health professional, testified about appellant’s mental impairments and restrictions. He said that “[i]t is possible that she may not be able to maintain competitive employment,” but that he would like to do more testing before drawing a conclusion about her restrictions. Id. at 190. The ALJ agreed and the recommended additional testing was done. See id. at 139-50. After Dr. Rawlings did his additional tests, part of his detailed response was to fill out a mental RFC form, on which he marked appellant moderately impaired in seven out of ten functional categories. Id. at 149-50.
Appellant argues that the ALJ’s RFC determination reflects restrictions consistent -with the three impairments Dr. Rawlings marked on his form concerning understanding, remembering, and carrying out detailed instructions and dealing with the public, but inexplicably rejects the other four restrictions concerning appellant’s ability to deal appropriately with supervisors and coworkers and respond appropriately to workplace pressures and changes. See Aplt. Opening Br. at 16-17. Appellant argues that the case should be remanded because the ALJ failed to explain why he rejected some of Dr. Rawlings’ restrictions while seemingly adopting others. Appellant relies primarily on Clifton v. Chafer,
The government never addresses Clifton or appellant’s argument that the ALJ failed to explain his reasons for rejecting some of Dr. Rawlings’ restrictions, while implicitly adopting others. Rather, the government supplies some reasons that it believes would support the ALJ’s RFC finding. The ALJ did not provide these explanations, however. As appellant correctly points out in her reply brief, this court may not create or adopt post-hoc rationalizations to support the ALJ’s decision that are not apparent from the ALJ’s
In addition, the government argues that a “moderate” impairment, as defined on the mental RFC form, means that the “individual is still able to function satisfactorily.” Aplt.App., Vol. II at 149. Appellant shows in the reply brief, however, that the government has taken the definition for “moderate” on the mental RFC form out of context — a moderate impairment is not the same as no impairment at all, and Dr. Rawlings clearly intended to indicate impairments on this form. See id. at 149-50. We note that the ALJ also appeared to accept that a moderate impairment was not the same as no impairment at all. By including in his RFC determination that appellant was limited to “simple, repetitive tasks” with “only incidental contact with the public” and “no requirement for making change,” id. at 20, the ALJ apparently accepted that appellant is not able to “[u]n-derstand and remember detailed instructions,” “[c]arry out detailed instructions,” or “[i]nteract appropriately with the public,” all categories that Dr. Rawlings marked as moderately impaired, id. at 149-50.
Finally, the evidence on which the ALJ explicitly relied in his decision does not imply an explanation for rejecting any of Dr. Rawlings’ restrictions on the mental RFC form, and, in fact, the ALJ never stated that he rejected Dr. Rawlings’ opinion. See id. at 17-18, 21. As noted above, the rejected moderate restrictions deal with appellant’s ability to deal appropriately with supervisors and coworkers and respond appropriately to workplace pressures and changes. See Aplt. Opening Br. at 16-17. Although the ALJ noted appellant’s testimony that she can work two to six hours per day as caretaker for her mother, ApltApp., Vol. II at 21, that evidence does not show that appellant has the “residual functional capacity for work activity on a regular and continuing basis,” 20 C.F.R. § 416.945(c), that is, “8 hours a day, for 5 days a week, or an equivalent work schedule,” S.S.R. 96-8p,
We therefore agree that the ALJ should have explained why he rejected four of the moderate restrictions on Dr. Rawlings’ RFC assessment while appearing to adopt the others. An ALJ is not entitled to pick and choose through an uncontradicted medical opinion, taking only the parts that are favorable to a finding of nondisability. See, e.g., Robinson,
The judgment of the district court is REVERSED and the case is REMAND
