WILLIAM E. CASSADY, Magistrate Judge.
Social Security Claimant/Plaintiff Valerie Joyce Simmons brought this action under 42 U.S.C. §§ 405(g) and 1383(c)(3) seeking judicial review of a final decision of the Defendant Commissioner of Social Security (the "Commissioner") denying her applications for a period of disability ("PoD") and disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. § 401, et seq., and supplemental security income ("SSI") under Title XVI of the Social Security Act, 42 U.S.C. § 1381, et seq. The parties have consented to the exercise of jurisdiction by the Magistrate Judge, pursuant to 28 U.S.C. § 636(c), for all proceedings in this Court. (Doc. 14 ("In accordance with the provisions of 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, the parties in this case consent to have a United States Magistrate Judge conduct any and all proceedings in this case, including the trial, order the entry of a final judgment, and conduct all post-judgment proceedings.")).
Upon consideration of the briefs of the parties, (Docs. 16 & 19), the administrative record, (Docs. 11-13), (hereinafter cited as "(R. [page number(s) in lower-right corner of transcript])"), and the arguments presented during the hearing held on March 27, 2017, it is determined that the Commissioner's decision is due to be
Simmons was born on September 16, 1966, (R. 226 [SSA Ex. 1E]). The highest grade of school Simmons completed was the eleventh grade. (R. 231 [SSA Ex. 2E]). Simmons was employed as an insurance billing clerk, a home health aid, and a claims processor. (R. 231 [SSA Ex. 3E]).
Simmons filed applications for PoD and DIB with the Social Security Administration (the "SSA"),
Simmons requested review of the ALJ's decision by the Appeals Council for the SSA's Office of Disability Adjudication and Review. (R. 24-27). The Appeals Council denied Simmons's request for review on April 18, 2016, which made the ALJ's the final decision of the Commissioner. (R. 1-7). On September 30, 2016, Simmons filed this action pursuant to § 405(g)
"In Social Security appeals, [the Court] must determine whether the Commissioner's decision is supported by substantial evidence and based on proper legal standards. Substantial evidence is more than a scintilla and is such relevant evidence as a reasonable person would accept as adequate to support a conclusion." Winschel v. Comm'r of Soc. Sec., 631 F.3d 1176, 1178 (11th Cir. 2011) (citations and internal quotations omitted). The Court "may not decide the facts anew, reweigh the evidence, or substitute [its] judgment for that of the [Commissioner]." Id. (citations omitted). "Even if the evidence preponderates against the Commissioner's findings, [the Court] must affirm if the decision reached is supported by substantial evidence." Martin v. Sullivan, 894 F.2d 1520, 1529 (11th Cir. 1990) (citing Sewell v. Bowen, 792 F.2d 1065, 1067 (11th Cir. 1986); MacGregor v. Bowen, 786 F.2d 1050, 1053 (11th Cir. 1986); and Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir. 1983)). "Yet, within this narrowly circumscribed role, [the Court does] not `act as automatons.'" Bloodsworth, 703 F.2d 1233, 1239 (11th Cir. 1983) (citing Ware v. Schweiker, 651 F.2d 408, 411 (5th Cir. 1981), cert. denied, 455 U.S. 912, 102 S.Ct. 1263, 71 L. Ed. 2d 452 (1982)). The Court "must scrutinize the record as a whole, [Ware, 651 F.2d at 411]; Lewis v. Weinberger, 515 F.2d 584, 586-87 (5th Cir. 1975), to determine if the decision reached is reasonable, Simmons v. Harris, 602 F.2d 1233, 1236 (5th Cir. 1979), and supported by substantial evidence, Scharlow v. Schweiker, 655 F.2d 645, 648 (5th Cir. 1981)." Bloodsworth, 703 F.2d at 1239.
"In contrast to the deferential review accorded to the [Commissioner's] findings of fact, the [Commissioner's] conclusions of law, including applicable review standards are not presumed valid." Martin, 894 F.2d at 1529 (citing MacGregor, 786 F.2d at 1053; Smith v. Heckler, 707 F.2d 1284, 1285 (11th Cir. 1983), Wiggins v. Schweiker, 679 F.2d 1387, 1389 (11th Cir. 1982); Smith v. Schweiker, 646 F.2d 1075, 1076 (5th Cir. Unit A June 1981). "The [Commissioner's] failure to apply the correct legal standard or to provide the reviewing court with sufficient basis for a determination that proper legal principles have been followed mandates reversal." Martin, 894 F.2d at 1529 (citing Gibson v. Heckler, 779 F.2d 619, 622 (11th Cir. 1986); Bowel v. Heckler, 748 F.2d 629, 635-36 (11th Cir. 1984); Smith, 707 F.2d at 1285; Wiggins, 679 F.2d at 1389; Ambers v. Heckler, 736 F.2d 1467, 1470 (11th Cir. 1984)).
Winschel, 631 F.3d at 1178 (citing 20 C.F.R. §§ 404.1520(a)(4)(i)-(v), 416.920(a)(4)(i)-(v); Phillips v. Barnhart, 357 F.3d 1232, at 1237-39 (11th Cir. 2004)).
1. "The ALJ Erred in Rejecting the Opinion of Dr. Ney, a Treating Psychiatrist." (Doc. 16, at 2).
2. "The ALJ Improperly Evaluated Ms. Simmons'[s] Complaints of Pain." (Doc. 16, at 2).
"At the first step, the ALJ must consider the claimant's current working situation. If the claimant is `doing substantial gainful activity, [the ALJ] will find that [the claimant is] not disabled.'" Phillips, 357 F.3d at 1237 (alterations in original) (quoting 20 C.F.R. § 404.1520(a)(4)(i) & (b)). "If however, the claimant is not currently `doing gainful activity' then the ALJ moves on to the second step." Phillips, 357 F.3d at 1237. At the first step, the ALJ determined Simmons had "not engaged in substantial gainful activity since August 15, 2012, the alleged onset date." (R. 59).
Phillips, 357 F.3d at 1237 (alterations in original). At Step Two, the ALJ determined Simmons had the following severe impairments:
(R. 59).
Phillips, 257 F.3d at 1238 (alterations in original). At Step Three, the ALJ found that Simmons "does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments" in 20 C.F.R. §§ 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925, and 416.926. (R. 60).
Phillips, 357 F.3d at 1238-39 (alterations in original) (footnote omitted). At the fourth step, the ALJ assessed that Simmons had the RFC:
(R. 62). Based on this RFC, the ALJ determined Simmons is "unable to perform any past relevant work." (R. 67). At Step Five, the ALJ then determined there exist significant numbers of jobs in the national economy that Simmons can perform given her RFC, age, education, and work experience — specifically, router, electrical assembler, and document preparer. (R. 68). Thus, the ALJ found that Simmons was not disabled under the Social Security Act. (R. 69).
"`Medical opinions are statements from physicians and psychologists or other acceptable medical sources that reflect judgments about the nature and severity of [the claimant's] impairments(s), including [the claimant's] symptoms, diagnosis and prognosis, what [the claimant] can still do despite impairments(s), and [the claimant's] physical or mental restrictions.'" Winschel, 631 F.3d at 1178-79 (alterations in original) (quoting 20 C.F.R. §§ 404.1527(a)(2), 416.927(a)(2)). "The law of this circuit is clear that the testimony of a treating physician must be given substantial or considerable weight unless `good cause' is shown to the contrary." Lewis v. Callahan, 125 F.3d 1436, 1440 (11th Cir. 1997) (citations omitted); see also 20 C.F.R. 404.1527(d)(2) ("Generally, we give more weight to opinions from your treating sources, since these sources are likely to be the medical professionals most able to provide a detailed, longitudinal picture of your medical impairment(s) and may bring a unique perspective to the medical evidence that cannot be obtained from the objective medical findings alone or from reports of individual examinations, such as consultative examinations or brief hospitalizations."). "`[G]ood cause' exists when the: (1) treating physician's opinion was not bolstered by the evidence; (2) evidence supported a contrary finding; or (3) treating physician's opinion was conclusory or inconsistent with the doctor's own medical records." Phillips, 357 F.3d at 1240-41. "When electing to disregard the opinion of a treating physician, the ALJ must clearly articulate its reasons." Id. at 1241. "Where the ALJ articulate[s] specific reasons for failing to give the opinion of a treating physician controlling weight, and those reasons are supported by substantial evidence, there is no reversible error." Moore v. Barnhart, 405 F.3d 1208, 1212 (11th Cir. 2005).
Winschel, 631 F.3d at 1179 (alterations in original).
Simmons argues the ALJ reversibly erred when he did not assign controlling weight to the opinion of Simmons's treating physician, Kathryn Ney, M.D. (Doc. 16, at 2-7). Discharging the requirement that the ALJ "state with particularity the weight given to different medical opinions and the reasons therefore[,]" Winschel, 631 F.3d at 1179, he assigned no weight to the opinion of Dr. Ney, which was stated in a "Medical Source Statement-Mental" form dated May 19, 2014, ("MSS-M form"), (R. 552-54 [SSA Ex. 23F]), and the reasons therefor as follows:
(R. 67). Thus, the ALJ determined Dr. Ney's opinion was conclusory and not bolstered by the evidence.
Simmons argues the ALJ failed to show good cause for rejecting the opinions of Dr. Ney. (Doc. 16, at 3). The reasons stated by the ALJ for assigning no weight to Dr. Ney's opinion are they were "completely inconsistent with the remainder of the evidence," "Dr. Ney's treatment notes fail to support this extensive degree of limited functioning" and "[e]ven when [Simmons] was not taking medications . . . the claimant had good concentration and good hygiene;" however, later during Simmons's treatment, Dr. Ney suggested her concentration and hygiene were both "markedly limited," which was "directly inconsistent," and "[w]hen [Simmons took] her medications as prescribed, there were even fewer limitations/symptoms suggested." (R. 67).
In the MSS-M form, Dr. Ney opined Simmons had a marked
The medical evidence shows Simmons first reported depression to Sudeep N. Rao, M.D., during an office visit on July 5, 2012, at which Simmons's chief complaint was neck pain, but an ancillary reason for her visit was depression associated with having to work in pain. (R. 318 [SSA Ex. 4F]). Later, on June 19, 2013, Edward M. Schnitzer, M.D., referred Simmons to a mental health specialist. (R. 382 [SSA Ex. 8F]). As a result, on July 23, 2013, Simmons reported to Dr. Ney, who Simmons saw for mental health treatment on July 23, 2013; August 21, 2013; November 19, 2013; February 14, 2014; May 15, 2014; and July 17, 2014. (R. 438-442 [SSA Ex. 16F]; R. 555-56 [SSA Ex. 24F]; & R. 632 [SSA Ex. 32F]).
During Simmons's July 23, 2013, office visit, Dr. Ney completed an initial assessment of Simmons and noted as to Simmons:
(R. 442 [SSA Ex. 16F]). Dr. Ney's plan for Simmons was a "trial of amitriptyline to target depression, anxiety, sleep, and pain," which would "begin at 10 mg and advance by 10 mg every week aiming initially for a dosage of 40 mg." (R. 442 [SSA Ex. 16F]).
From Simmons's August 21, 2013, office visit, Dr. Ney noted Simmons had poor sleep, appetite, and energy; good grooming and hygiene; anxious and depressed mood; fluent speech; rational thought processing; normal thought content; good insight; good judgment; agitated psychomotor activity; full range of affect; no hallucinations; poor concentration; cooperative attitude; impaired memory; and she was alert and oriented to place, time, person, and situation. (R. 440 [SSA Ex. 16F]). Additionally, Dr. Ney noted Simmons worried about things she could not control and her depression and anxiety were rated at levels six (6) and eight (8), respectively. (R. 440 [SSA Ex. 16F]). Dr. Ney's plan for Simmons was to increase her amitriptyline dose and for Simmons to continue her stress and anxiety group. (R. 440 [SSA Ex. 16F]).
From Simmons's November 19, 2013, office visit, Dr. Ney noted Simmons had good sleep, appetite, and energy; good grooming and hygiene; elevated mood; fluent speech; rational thought processing; normal thought content; good insight; good judgment; normal psychomotor activity; full range of affect; no hallucinations; good concentration; cooperative attitude; intact memory; and she was alert and oriented to place, time, person, and situation. (R. 439 [SSA Ex. 16F]). Additionally, Dr. Ney noted Simmons's depression was not like it was, she worried less, the cold made her pain worse, and she walked one mile per day. (R. 439 [SSA Ex. 16F]).
From Simmons's February 14, 2014, office visit, Dr. Ney noted Simmons was "not too good," she had discontinued her medications, her unemployment benefits ceased, and she was involved in a car accident. (R. 438 [SSA Ex. 16F]; R. 556 [SSA Ex. 24F]). Dr. Ney noted Simmons anxiety rated between level five (5) and eight (8) and depression rated at level seven (7); good grooming and hygiene; anxious and depressed mood; fluent speech; rational thought processing; normal thought content; good insight; normal psychomotor activity; full range of affect; no hallucinations; good concentration; cooperative attitude; grossly intact memory; and she was alert and oriented to place, time, person, and situation. (R. 440 [SSA Ex. 16F]; R. 556 [SSA Ex. 24F]). Additionally, Dr. Ney noted Simmons's MDE (major depressive episode), GAD (generalized anxiety disorder), and chronic pain were under good control until the car accident. (R. 438 [SSA Ex. 16F]; R. 556 [SSA Ex. 24F]). Dr. Ney's plan for Simmons was to add a trial of escitalopram. (R. 438 [SSA Ex. 16F]; R. 556 [SSA Ex. 24F]).
From Simmons's May 15, 2014, office visit, Dr. Ney noted Simmons had been really depressed, had high anxiety, was in and out of the hospital for colitis, had pain in her neck and stomach, was diagnosed with sarcoidosis type II, and stated she was "tired of being in pain." (R. 555 [SSA Ex. 24F]). Dr. Ney noted the escitalopram prescription "did[ not] do anything," but the amitriptyline helped with Simmons's sleep and depression. (R. 555 [SSA Ex. 24F]). Dr. Ney noted Simmons had good grooming and hygiene; elevated mood; fluent speech; rational thought processing; normal thought content; good insight; good judgment; agitated psychomotor activity; full range of affect; no hallucinations; poor concentration; cooperative attitude; grossly intact memory; and she was alert and oriented to place, time, person, and situation. (R. 555 [SSA Ex. 24F]). Dr. Ney's plan for Simmons was to add to Simmons's medications a trial of nortriptyline. (R. 555 [SSA Ex. 24F]).
From Simmons's July 17, 2014, office visit, Dr. Ney noted Simmons was still depressed, slept poorly, had poor energy, had gained weight, did not have motivation, felt isolated, and missed work and activities. (R. 632 [SSA Ex. 32F]). Dr. Ney noted Simmons had good grooming and hygiene; elevated mood; fluent speech; rational thought processing; normal thought content; normal psychomotor activity; full range of affect; no hallucinations; distractible concentration; cooperative attitude; grossly intact memory; no loose associations; no obsessions/compulsion; no dissociative symptoms; and she was alert and oriented to place, time, person, and situation. (R. 632 [SSA Ex. 32F]). Dr. Ney's plan for Simmons was to taper and discontinue Simmons's prescription of nortriptyline and add a trial prescription of wellbutrin. (R. 632 [SSA Ex. 32F]).
The levels of mental function limitations indicated by Dr. Ney are not supported by her clinical notes. For instance, Dr. Ney opined in the MSS-M form Simmons had marked deficiencies in her activities of daily living, but her clinical notes indicate Simmons's grooming and hygiene were always good. (R. 440 [SSA Ex. 16F]; R. 439 [SSA Ex. 16F]); R. 438 [SSA Ex. 16F]; R. 556 [SSA Ex. 24F]; R. 555 [SSA Ex. 24F]; & R. 632 [SSA Ex. 32 F]). Dr. Ney opined Simmons had a marked degree of difficulty in maintaining social functioning, but her clinical notes indicate her speech, thought processing, thought content, insight, judgment, affect, and attitude were consistently fluent, rational, normal, good, good, full range, and cooperative, respectively. (R. 440 [SSA Ex. 16F]; R. 439 [SSA Ex. 16F]); R. 438 [SSA Ex. 16F]; R. 556 [SSA Ex. 24F]; R. 555 [SSA Ex. 24F]; & R. 632 [SSA Ex. 32 F]). Similarly, Dr. Ney's opinion Simmons's abilities on a sustained basis in a routine work setting to understand, carry out, and remember instructions; respond appropriately to supervision; respond appropriately to co-workers; respond appropriately to customary work pressures; perform simple tasks; and perform repetitive tasks are not supported by Dr. Ney's clinical notes in regard to Simmons's speech, thought processing, thought content, insight, judgment, affect, and attitude. (R. 440 [SSA Ex. 16F]; R. 439 [SSA Ex. 16F]); R. 438 [SSA Ex. 16F]; R. 556 [SSA Ex. 24F]; R. 555 [SSA Ex. 24F]; & R. 632 [SSA Ex. 32 F]). In addition, Dr. Ney noted Simmons's prescription of amitriptyline had a positive affect on Simmons's depression, sleep, and mental status indicators while Simmons's discontinuation of her medication had a notably negative affect on Simmons's mental status indicators. (Compare R. 439 [SSA Ex. 16F] & R. 555 [SSA Ex. 24F] with R. 438 [SSA Ex. 16F] & R. 556 [SSA Ex. 24F]).
Lastly, Dr. Ney's clinical notes are contradicted by other medical evidence in the record. Within the period documented in Dr. Ney's clinical notes, on January 10, 2014, Tao Chen, M.D., noted Simmons had a normal mood and an appropriate affect, (R. 458 [SSA Ex. 18F]); on March 10, 2014, Dr. Chen, again, noted Simmons had a normal mood and an appropriate affect, (R. 453 [SSA Ex. 18F]); on May 8 2014, Marty McDonald, M.D., noted Simmons had a normal mood and affect, (R. 482 [SSA Ex. 21F]); on May 29, 2014, Dr. Chen noted Simmons had a normal mood and an appropriate affect, (R. 567 [SSA Ex. 26F]); and on June 26, 2014, Dr. Chen noted Simmons had a normal mood and an appropriate affect, (R. 576 [SSA Ex. 26F]).
For these reasons, the Court
Under Social Security Ruling 96-7p:
The regulations describe a two-step process for evaluating symptoms, such as pain, fatigue, shortness of breath, weakness, or nervousness:
SSR 96-7p, superseded by SSR 17-2p.
SSR 96-7p.
The ALJ must not "reject [the claimant's] statements about the intensity and persistence of [her] pain or other symptoms or about the effect [her] symptoms have on [her] ability to work solely because the available objective medical evidence does not substantiate [her] statements." 20 C.F.R. § 404.1529(c)(2). The ALJ must consider other evidence, in addition to the objective medical evidence, because "symptoms sometimes suggest a greater severity of impairment than can be shown by objective medical evidence alone." 20 C.F.R. § 404.1529(c)(3). Such evidence includes "any symptom-related function limitations and restrictions which [the claimant], [her] treating or non-treating source, or other persons report, which can reasonably be accepted as consistent with the objective medical evidence and other evidence." Id. Relevant factors of the effect of claimant's symptoms on her functional abilities include: her daily activities; the location, duration, frequency, and intensity of her pain or symptoms; any precipitating and aggravating factors; the type, dosage, effectiveness, and side effects of medication taken by her to alleviate her pain or other symptoms; her treatment, other than medication, she receives or has received for relief of her pain or other symptoms; any measures she uses or has used to relieve her pain or other symptoms; and other factors concerning her functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. § 404.1529(c)(3)(i)-(vii).
Dyer v. Barnhart, 395 F.3d 1206, 1210-11 (11th Cir. 2005).
Simmons argues the ALJ "rejected [her] statements concerning the intensity, persistence, and limiting effects of her symptoms," the ALJ's rejection of her statements was not "supported by substantial evidence," and the ALJ "failed to consider [other statements] that would have supported [her] allegations of pain and put her reported symptoms in context." (Doc. 16, at 7).
While the ALJ chronologically synopsized Simmons's medical evidence of record, he, also, articulated his reasons for discrediting her subjective complaints of pain based on those relevant factors for weighing the effects of her symptoms on her functional abilities. (See R. 63-65). As to Simmons's daily activities, the ALJ noted Simmons reported her "God baby stays with [her] from time to time," (R. 247 [SSA Ex. 5E]; R. 63); she performed her own personal care with some difficulty, except for her hair, (R. 248-49 [SSA Ex. 5E]; R. 63); she shopped online, (R. 250 [SSA Ex. 5E]; R. 63); and in November 2013, she reported she walked one mile per day, (R. 439 [SSA Ex. 16F]; R. 63), and Johnson Haynes, M.D., noted Simmons's exercise was normal and her ability to do activities of daily living was normal, (R. 408 [SSA Ex. 13F]; R. 63).
As to the location, duration, and frequency of Simmons's pain, the ALJ noted Simmons in June 2012 reported to Dr. Rao moderate pain along with some left arm pain, (R. 308 [SSA Ex. 3F], R. 63); in April 2013, she reported to Dr. Rao her pain rated at six (6) out of a possible ten (10), (R. 365 [SSA Ex. 7F]; R. 64); on September 28, 2013, she reported to Seema Kapur, M.D., she had back pain for one week, (R. 395 [SSA Ex. 10F]; R. 64); on September 29, 2013, she reported back pain when she presented at USA Children's and Women's Hospital, (R. 400 [SSA Ex. 11F]; R. 64); on December 30, 2013, she presented at Greater Mobile Urgent Care with complaints of chest pain without mention of back or neck pain, (R. 429-30 [SSA Ex. 15F; R. 64); on March 10, 2014, she reported to Dr. Rao her pain was rated a three (3) and five (5) out of ten (10) with and without her medications, respectively, (R. 451 [SSA Ex. 18F]; R. 65); on April 23, 2014, she presented to Tangela C. Atkinson, M.D., who did not assess neck or back pain, (R. [SSA Ex. 19F]; R. 65); on August 6, 2014, she presented to Herbert Stone, M.D., without a complaint of neck or back pain, (R. 585 [SSA Ex. 28F]; R. 65); and on August 25, 2014, she presented to Jeffrey D. Faggard, M.D., with knee and neck pain, (R. 612 [SSA Ex. 30F]; R. 65).
As to the precipitating or aggravating factors of Simmons's pain, the ALJ noted she presented to David K. Donahoe, M.D., on April 25, 2013, and May 23 2013, who noted "pain with range of motion, no crepitance" and, also noted "range of motion full and painless." (R. 366 & 369 [SSA Ex. 7F]; R. 64).
As to the type, dosage, effectiveness, and side effects of Simmons's medications, the ALJ noted Simmons, in June 2012, reported to Dr. Rao her treatment included only prescription NSAIDs, (R. 308 [SSA Ex. 3F]; R. 63), but she reported on July 25, 20212, to Dr. Schnitzer she was prescribed Lortab, (R. 358 [SSA Ex. 6F]; R. 64); on July 25, 2012, Dr. Schnitzer prescribed her Percocet, (R. 358 [SSA Ex. 6F]; R. 63-64); on April 17, 2013, she reported to Dr. Schnitzer she tolerates her medications, and he noted her meds did not cause side effects and prescribed her Neurontin for her upper extremity pain, (R. 332 & 335 [SSA Ex. 6F]; R. 64); on May 23, 2013, Dr. Donahoe administered a trigger point injection into her left trapezius, (R. 370 [SSA Ex. 7F]; R. 64); on September 20, 2013, she presented to Bassam A. Bassam, M.D., who noted she took Flexeril for her neck spasms and Tylenol as needed for her headaches but did not note she took prescription narcotics, her Elavil dose was increased to 25 mg., and she was advised to take Tylenol as need for her headaches, (R. 390-91 [SSA Ex. 9F]; R. 64); on October 23 2013, she presented to Dr. Chen, who noted Percocet was not effective and prescribed her MsContin and MsIR without refills, (R. 414 & 416 [SSA Ex. 14F]; R. 64); on December 18, 2013, Dr. Chen administered to her a cervical epidural steroid injection, (R. 412-13 [SSA Ex. 14F]; R. 64); and on May 29, 2014, Dr. Chen noted Simmons was pleased with her medications, but he adjusted her medication due to a drug screen that showed she was positive for THC, (R. 566 & 568 [SSA Ex. 26F]; R. 65).
As to the other treatment for relief of Simmons's pain, the ALJ noted she presented to Dr. Schnitzer on July 2012, who noted she attended physical therapy for one month and it did not provide relief, (R. 358 [SSA Ex. 6F]; R. 64), and on March 2014, she reported to Dr. Chen she attended physical therapy and it helped, (R. 451 [SSA Ex. 18F]; R. 65).
Therefore, the Court finds the ALJ properly assessed Simmons's credibility in regard to her complaints of pain and his credibility determination is supported by substantial evidence. For these reasons, the Court
In accordance with the foregoing analysis, it is
Final judgment shall issue separately in accordance with this Order and Rule 58, FED. R. CIV. P.