Blackburn, United States District Judge.
The matter before me is plaintiff's
Plaintiff alleges that she is disabled as a result of pulmonary embolism, asthma, chronic obstructive pulmonary disease ("COPD"), coronary artery disease, esophageal reflux, morid obesity, diabetes mellitus type II, hypertension, hyperlipidemia, thoracic strain, lumbago, lumbar radiculopathy, and blindness in her left eye. After her application for supplemental security income benefits was denied,
The ALJ found that plaintiff was not disabled and therefore not entitled to supplemental security income benefits. Although the evidence established that plaintiff suffered from severe impairments, the judge concluded that the severity of those impairments did not meet or equal any impairment listed in the social security regulations.
A person is disabled within the meaning of the Social Security Act only if her physical and/or mental impairments preclude her from performing both her previous work and any other "substantial gainful work which exists in the national economy." 42 U.S.C. § 423(d)(2). "When a claimant has one or more severe impairments the Social Security [Act] requires the [Commissioner] to consider the combined effects of the impairments in making a disability determination." Campbell v. Bowen, 822 F.2d 1518, 1521 (10th Cir.1987) (citing 42 U.S.C. § 423(d)(2)(c). However, the mere existence of a severe impairment or combination of impairments does not require a finding that an individual is disabled within the meaning of the Social Security Act. To be disabling, the claimant's condition must be so functionally limiting as to preclude any substantial gainful activity for at least twelve consecutive months. See Kelley v. Chater, 62 F.3d 335, 338 (10th Cir.1995).
The Commissioner has established a five-step sequential evaluation process for determining whether a claimant is disabled:
20 C.F.R. § 416.920(a)(4)(i)-(v). See also Williams v. Bowen 844 F.2d 748, 750-52 (10th Cir.1988). The claimant has the initial burden of establishing a disability in the first four steps of this analysis. Bowen v. Yuckert, 482 U.S. 137, 146 n. 5, 107 S.Ct. 2287, 2294 n. 5, 96 L.Ed.2d 119 (1987). The burden then shifts to the Commissioner to show that the claimant is capable of performing work in the national economy. Id. A finding that the claimant is disabled or not disabled at any point in the five-step review is conclusive and terminates the analysis. Casias v. Secretary of Health & Human Services, 933 F.2d 799, 801 (10th Cir.1991).
Review of the Commissioner's disability decision is limited to determining whether the ALJ applied the correct legal standard and whether the decision is supported by substantial evidence. Hamilton v. Secretary of Health and Human Services, 961 F.2d 1495, 1497-98 (10th Cir. 1992); Brown v. Sullivan, 912 F.2d 1194, 1196 (10th Cir.1990). Substantial evidence
Plaintiff claims the ALJ erred in (1) assessing her ability to perform the sitting requirements of sedentary work; (2) failing to articulate his reasons for discrediting her subjective reports of her limitations; (3) neglecting to consider the opinion of a consultative examiner; and (4) concluding that the alternative jobs identified at step 5 of the sequential evaluation were compatible with plaintiff's residual functional capacity. Finding no such error in the ALJ's decision, I affirm.
Plaintiff asserts first that the ALJ failed to affirmatively link his finding that plaintiff could sit for no more than 45 minutes at one time to the medical evidence in the record. This argument evidences a profound misunderstanding of the nature of the residual functional capacity assessment. "Although the ALJ's determination must be grounded in some medical evidence, it ultimately is an administrative determination reserved to the Commissioner." Zagorianakos v. Colvin, 81 F.Supp.3d 1036, 1044-45, 2015 WL 994841, at *6 n. 10 (D.Colo. Feb. 25, 2015) (internal citations omitted). See also 20 C.F.R. § 416.946; Rutledge v. Apfel, 230 F.3d 1172, 1175 (10th Cir.2000). Because the decision thus is an administrative, not a medical, determination, the ALJ is "not required to adopt or rely on any medical source opinion in making [his] residual functional capacity assessment[.]" Moses v. Astrue, 2012 WL 1326672, at *4 (D. Colo April 17, 2012). Instead, residual functional capacity is assessed "based on all of the relevant medical and other evidence," 20 C.F.R. § 416.945(a)(3), "including medical records, observations of treating physicians and others, and plaintiff's own description of [her] limitations," Noble v. Callahan, 978 F.Supp. 980, 987 (D.Kan. 1997).
Such is precisely the nature of the ALJ's residual functional capacity assessment here. The ALJ was faced with a number of different opinions as to plaintiff's functional capacity. The consultative examiner, Thurman Hodge, D.O., opined plaintiff could sit for eight hours a day (Tr. 398), and the state agency physician, Dr. Paul Barrett, suggested she could sit for at least six hours a day (Tr. 134). Plaintiff herself testified she could sit for no more than 30 minutes at a time before needing to stand (Tr. 100), but conceded she could perform a job that required her to be seated all day if it did not involve rapid or repetitive movements which would exacerbate her respiratory symptoms (Tr. 99). No treating source had ever expressed an opinion as to whether plaintiff was limited in her ability to sit. Given these conflicts in the evidence, the ALJ was well within his purview in fashioning a residual functional capacity that contemplated the ability to stand at 45-minute intervals.
Next, plaintiff suggests that the ALJ failed to adequately substantiate his determination that her subjective complaints regarding her limitations were not credible. In general, "credibility determinations `are peculiarly the province of the finder of fact,' and should not be upset if supported by substantial evidence." White v. Barnhart, 287 F.3d 903, 909 (10th Cir.2001) (citing Kepler v. Chater, 68 F.3d 387, 390-91 (10th Cir.1995)). Contrary to plaintiff's argument, there is no formulaic analysis required to satisfy this burden. Qualls v. Apfel, 206 F.3d 1368, 1372 (10th Cir.2000). The ALJ here gave clear, specific, legitimate reasons linked to specific evidence in the record for his credibility assessment. These included the relatively mild medical findings, plaintiff's failure to comply with treatment recommendations — particularly her continued smoking despite numerous, allegedly debilitating, respiratory and pulmonary impairments — routine and conservative treatment for her back pain, evidence that she may have exaggerated her symptoms and engaged in drug-seeking behavior, and her relatively normal activities of daily living. (Tr. 78-82.) His findings in this regard find support in the record, and his determination therefore is entitled to substantial deference. White, 287 F.3d at 910; see also Qualls v. Apfel, 206 F.3d 1368, 1372 (10th Cir.2000). Although plaintiff points to other evidence which purportedly contradicts the ALJ's assessment, I am neither empowered nor inclined to reweigh the evidence in the manner she requests. See Thompson v. Sullivan, 987 F.2d 1482, 1487 (10th Cir. 1993). See also Reyes, 845 F.2d at 245 (10th Cir.1988). Accordingly, I find no reversible error on this basis.
Although plaintiff further complains of the ALJ's failure to discuss the opinion of consultative examiner Dr. Julia Garcia (see Tr. 618-623), she neglects to acknowledge that Dr. Garcia's opinion was rendered in August 2006, more than four years prior to her alleged date of onset.
Finally, plaintiff perceives error at step 5 of the sequential evaluation insofar as the ALJ found that she could stand and walk for no more than an hour a day, whereas the statutory definition of sedentary work contemplates the ability to stand or walk up to two hours a day. See