SONJA F. BIVINS, Magistrate Judge.
Plaintiff Lori K. Vargas (hereinafter "Plaintiff"), seeks judicial review of a final decision of the Commissioner of Social Security denying her claim for supplemental security income under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381, et seq. On April 11, 2018, the parties consented to have the undersigned conduct any and all proceedings in this case. (Doc. 17). Thus, the action was referred to the undersigned to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73. Upon careful consideration of the administrative record and the memoranda of the parties, it is hereby
Plaintiff filed her application for benefits on August 18, 2014. (Doc. 11 at 77). Plaintiff alleges that she has been disabled since October 22, 2013, due to breast cancer, no energy, depression, body aches and pains, and continuous headaches. (
Plaintiff's application was denied and upon timely request, she was granted an administrative hearing before Administrative Law Judge L. Dawn Pischek (hereinafter "ALJ") on April 22, 2016. (
Having exhausted her administrative remedies, Plaintiff timely filed the present civil action. (Doc. 1). Oral argument was conducted on May 16, 2018. (Doc. 20). This case is now ripe for judicial review and is properly before this Court pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3).
Plaintiff was born on July 16, 1969, and was forty-six years of age at the time of her administrative hearing on April 22, 2016. (Doc. 11 at 45, 161). Plaintiff completed high school and two years of college education. (
Plaintiff has no past relevant work. (
Plaintiff testified that she lives with her parents and her three younger children (ages 17, 12, and 8) and an infant grandchild. (
Plaintiff testified that she takes Lexapro for depression/anxiety, that she sees a therapist once a month, and that her anxiety and depression cause her to be nervous and to not want to be around people. (
In reviewing claims brought under the Act, this Court's role is a limited one. The Court's review is limited to determining 1) whether the decision of the Secretary is supported by substantial evidence and 2) whether the correct legal standards were applied.
An individual who applies for Social Security disability benefits must prove his or her disability. 20 C.F.R. §§ 404.1512, 416.912. Disability is defined as the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." 42 U.S.C. §§ 423(d)(1)(A);
The claimant must first prove that he or she has not engaged in substantial gainful activity. The second step requires the claimant to prove that he or she has a severe impairment or combination of impairments. If, at the third step, the claimant proves that the impairment or combination of impairments meets or equals a listed impairment, then the claimant is automatically found disabled regardless of age, education, or work experience. If the claimant cannot prevail at the third step, he or she must proceed to the fourth step where the claimant must prove an inability to perform their past relevant work.
If a claimant meets his or her burden at the fourth step, it then becomes the Commissioner's burden to prove at the fifth step that the claimant is capable of engaging in another kind of substantial gainful employment which exists in significant numbers in the national economy, given the claimant's residual functional capacity, age, education, and work history.
In her brief, Plaintiff argues that the ALJ "reversibly erred" in failing to properly refute the opinions of her treating psychiatrist, Magdi Tageldin, M.D., and consultative psychologist, John W. Davis, Ph.D., both of whom opined that Plaintiff would have "marked mental limitations." (Doc. 12 at 1). Defendant counters that the opinions of Dr. Tageldin and Dr. Davis were inconsistent with the objective record evidence in the case and that substantial evidence supports the ALJ's assessment of the opinion evidence and the RFC in this case. (Doc. 13 at 2). For the reasons detailed herein, the Court finds that Plaintiff's claim is without merit.
As part of the disability determination process, the ALJ is tasked with weighing the opinions and findings of treating, examining, and non-examining physicians. In reaching a decision, the ALJ must specify the weight given to different medical opinions and the reasons for doing so.
When weighing the opinion of a treating physician, the ALJ must give the opinions "substantial weight," unless good cause exists for not doing so.
Whether considering the opinions of treating, examining, or non-examining physicians, good cause exists to discredit the testimony of any medical source when it is contrary to or unsupported by the evidence of record.
In the instant case, the ALJ found that Plaintiff has the severe impairments of breast cancer, depressive disorder, attention disorder, and personality disorder. (Doc. 11 at 26). The ALJ also determined that Plaintiff has the RFC to perform a range of light work with the following restrictions: Plaintiff can have no exposure to unprotected heights or hazardous machinery. Plaintiff is limited to simple, routine tasks, with occasional change in routine work setting. Plaintiff can have no direct interaction with the public and can work in close proximity to others but must work independently, not in a team. (
The ALJ also found that Plaintiff has no past relevant work. (
First, with respect to Plaintiff's treating psychiatrist, Dr. Tageldin, the record shows that on February 17, 2016, Dr. Tageldin completed a Mental Residual Functional Capacity (RFC) Questionnaire and opined that Plaintiff would have constant deficiencies of concentration, persistence, or pace resulting in failure to complete tasks in a timely and appropriate manner, marked limitations in her ability to understand, carry out, and remember instructions, and marked limitations in her ability to complete work-related activities in a normal workday or workweek. (
The ALJ accorded "partial" weight to Dr. Tageldin's assessments. The ALJ found that Dr. Tageldin's opinions in the Mental RFC Questionnaire were excessive and inconsistent with the medical evidence, including his own treatment records. (
In addition to being inconsistent with his own treatment records, Dr. Tageldin's opinions are inconsistent with Plaintiff's treatment records from Dr. Brian Heller, M.D., who treated Plaintiff for breast cancer from 2013 to 2016. Dr. Heller's records likewise consistently reflect normal psychiatric examination findings such as no depression, no anxiety, no mania, no mood swings, no insomnia, alert, cooperative, oriented, appropriate mood and affect, coherent speech, very pleasant, "energy level and mood have . . . improved since starting on antidepressant," "depression improved, continue antidepressant," "doing very well," "no complaints," "looks and feels well," and "continuing to do well." (
Likewise, Dr. Tageldin's opinions are inconsistent with Plaintiff's treatment records from her treatment providers at the Cardiology Center for the period of September 2014 to April 2015. Those providers consistently noted, on psychiatric examinations, "no sleep disturbances," "no anxiety and no depression," and normal orientation. (
In addition, evidence of Plaintiff's activities of daily living reflects that she lives with her parents, her three younger children (ages 17, 12, and 8), and an infant grandchild, that she takes her children to school, that she picks up her granddaughter from daycare, that she helped take care of her mother after her mother had a stroke, that she has no problems with her own personal care, that she cooks, does laundry, makes beds, drives, shops, handles a savings account, uses a checkbook, reads, walks, visits with family, exercises, follows written and spoken instructions well, and gets along "great" with authority figures, although she does not handle stress well. (
The foregoing substantial evidence, on the whole, reflects successful, conservative treatment for Plaintiff's mental health conditions resulting in largely normal examination findings and adequate control of Plaintiff's symptoms. As the ALJ found, this evidence is inconsistent with the severe limitations expressed by Dr. Tageldin in the Mental RFC Questionnaire dated February 17, 2016. Therefore, the ALJ had good cause to discredit Dr. Tageldin's opinions.
Plaintiff also argues that the ALJ erred in rejecting the opinion of one-time examining psychologist, Dr. John W. Davis, Ph.D., who stated in a Medical Source Statement ("MSS") (Mental) form dated March 18, 2016, that Plaintiff had marked or extreme limitations in understanding, remembering, and carrying out complex instructions, making judgments on complex work-related decisions, interacting appropriately with the public, supervisors, and co-workers, and responding appropriately to usual work situations and changes in a routine work setting, and that the limitations on her ability to understand, remember, and carry out simple instructions and make judgments on simple work-related decisions was mild. (
According to Dr. Davis' treatment notes, Plaintiff reported being diagnosed with depression and ADHD in 1984 (when she was fifteen years old), at which time she received in-patient hospital care for one year.
Dr. Davis' impression was "unspecified depressive disorder." (
The ALJ accorded partial weight to Dr. Davis' assessments. The ALJ found that Dr. Davis' opinions were internally inconsistent, as well as inconsistent with his own normal mental examination findings and the medical evidence from Plaintiff's treatment providers detailed above. (
Plaintiff also argues that the ALJ erred in giving great weight to the opinions of State Agency reviewer, Dr. Harold R. Veits, M.D., who reviewed Plaintiff's medical records on November 13, 2014, and opined that Plaintiff had only a mild restriction in activities of daily living, mild difficulties in maintaining social functioning and concentration, persistence or pace, and no repeated episodes of decompensation. (Doc. 11 at 37, 74, 76). As the ALJ found, Dr. Veits' opinions are consistent with the substantial medical evidence in this case and do not conflict with the credible opinions of any examining sources; thus, the ALJ properly accorded them great weight.
The Court further finds, based on the evidence detailed above, that substantial evidence supports the ALJ's finding that Plaintiff has the RFC to perform a range of light work, with the stated restrictions.
For the reasons set forth herein, and upon careful consideration of the administrative record and memoranda of the parties, it is hereby