WALLACE CAPEL, Jr., Magistrate Judge.
Plaintiff, Charlie Mae Felton, applied for disability insurance benefits and supplemental security income benefits under Titles II and XVI of the Social Security Act ("the Act"), 42 U.S.C. §§ 1381 et seq. Her application was denied at the initial administrative level. Plaintiff then requested and received a hearing before an Administrative Law Judge ("ALJ"). Following the hearing, the ALJ issued an unfavorable decision in which Plaintiff was found not disabled. The Appeals Council granted Plaintiff's request for review of the ALJ's decision and remanded the case for clarification regarding Plaintiff's alleged onset date and whether her mental impairments met a listing. Following two additional hearings, a different ALJ issued an unfavorable decision in which Plaintiff was found not disabled. The Appeals Council then denied Plaintiff's request for review of the ALJ's decision and that decision consequently became the final decision of the Commissioner of Social Security ("Commissioner").
Under 42 U.S.C. § 423(d)(1)(A), a person is entitled to disability benefits when the person is unable to
42 U.S.C. § 423(d)(1)(A).
To make this determination, the Commissioner employs a five-step, sequential evaluation process. See 20 C.F.R. §§ 404.1520, 416.920 (2006).
McDaniel v. Bowen, 800 F.2d 1026, 1030 (11th Cir. 1986).
The burden of proof rests on a claimant through Step 4. See Phillips v. Barnhart, 357 F.3d 1232, 1237-39 (11th Cir. 2004). A claimant establishes a prima facie case of qualifying disability once they have carried the burden of proof from Step 1 through Step 4. At Step 5, the burden shifts to the Commissioner, who must then show there are a significant number of jobs in the national economy the claimant can perform. Id.
To perform the fourth and fifth steps, the ALJ must determine the claimant's Residual Functional Capacity (RFC). Id. at 1238-39. RFC is what the claimant is still able to do despite his impairments and is based on all relevant medical and other evidence. Id. It also can contain both exertional and nonexertional limitations. Id. at 1242-43. At the fifth step, the ALJ considers the claimant's RFC, age, education, and work experience to determine if there are jobs available in the national economy the claimant can perform. Id. at 1239. To do this, the ALJ can either use the Medical Vocational Guidelines
The grids allow the ALJ to consider factors such as age, confinement to sedentary or light work, inability to speak English, educational deficiencies, and lack of job experience. Each factor can independently limit the number of jobs realistically available to an individual. Phillips, 357 F.3d at 1240. Combinations of these factors yield a statutorily-required finding of "Disabled" or "Not Disabled." Id.
The court's review of the Commissioner's decision is a limited one. This court must find the Commissioner's decision conclusive if it is supported by substantial evidence. 42 U.S.C. § 405(g); Graham v. Apfel, 129 F.3d 1420, 1422 (11th Cir. 1997). "Substantial evidence is more than a scintilla, but less than a preponderance. It is such relevant evidence as a reasonable person would accept as adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401 (1971). See also Crawford v. Comm'r of Soc. Sec., 363 F.3d 1155, 1158 (11th Cir. 2004) ("Even if the evidence preponderates against the Commissioner's findings, [a reviewing court] must affirm if the decision reached is supported by substantial evidence."). A reviewing court may not look only to those parts of the record which support the decision of the ALJ, but instead must view the record in its entirety and take account of evidence which detracts from the evidence relied on by the ALJ. Hillsman v. Bowen, 804 F.2d 1179 (11th Cir. 1986).
Walker v. Bowen, 826 F.2d 996, 999 (11th Cir. 1987).
Plaintiff was forty-five years old at the time of the hearing before the ALJ and had graduated from high school, and attended cosmetology school. Tr. 420, 426, 471. Her past relevant work experience was as a cleaner, a companion, and a babysitter. Tr. 454. Following an administrative hearing, and employing the five-step process, the ALJ found Plaintiff had "not engaged in substantial gainful activity since April 1, 2004 the amended onset date." (Step 1) Tr. 26. At Step 2, the ALJ found that Plaintiff suffered from the following severe impairments: "borderline intellectual functioning, depression, diabetes mellitus, obesity, and history of lumbar radiculopathy and lumbar strain." Id. The ALJ then found that Plaintiff did "not have an impairment or combination of impairments that met or medically equaled one of the listed impairments." (Step 3) Tr. 31. Next, the ALJ determined that Plaintiff retained the RFC to perform a range of light work with restrictions, including simple routine tasks, short and simple instructions, occasional interaction with the public and co-workers. Tr. 35. At Step Four, and after consulting with a VE, the ALJ determined Plaintiff could perform past work as a cleaner. Tr. 39. Thus, the ALJ determined that Plaintiff had not been under a disability since the alleged onset date through the date of the decision. Id.
Plaintiff's single claim challenges the ALJ's rejection of the opinion of Ms. Baldwin, Plaintiff's mental health counselor. Plaintiff asserts that the ALJ rejected Ms. Baldwin's opinion because she is not an acceptable medical source. Pl.'s Br. (Doc. 14) at 7. Specifically, Plaintiff asserts that "the ALJ stated that no weight is given to Ms. Baldwin's assessment because she is a counselor and not an acceptable medical source but instead an `other source' and the opinions of `other sources' are not medical opinions and are not entitled to great weight (Tr. 38-39)." Id.
Plaintiff's recitation of the ALJ's determination here is not accurate. After discussing the different weights accorded to the different opinions of record, the ALJ stated that no weight was accorded to Ms. Baldwin's opinion "for several reasons." Tr. 38. First, the ALJ pointed to Ms. Balwin's findings of "marked limitations in almost every area assessed" and stated that "[s]uch profound limitations are inconsistent with her own treatment notes." Id. Next, the ALJ noted that Ms. Baldwin's assessment was inconsistent with other medical evidence of record, pointing to the opinions of Dr. Michele King and Dr. Glen King.
Nowhere in the decision did the ALJ state that she was giving "no weight" to Ms. Baldwin's assessment because her opinion was as an "other source" and not a "medical source." The ALJ simply recited the proper standard for the assignment of weight for "other sources"
The Court has carefully and independently reviewed the record and AFFIRMS the decision of the Commissioner. A separate judgment will issue.