SUZANNE H. SEGAL, Magistrate Judge.
Daniel Gerardo Viera ("Plaintiff") brings this action seeking to overturn the decision of the Acting Commissioner of Social Security (the "Commissioner" or "Agency") denying his applications for Disability Insurance Benefits and Supplemental Security Income. The parties consented, pursuant to 28 U.S.C. § 636(c), to the jurisdiction of the undersigned United States Magistrate Judge. (Dkt. Nos. 11-13). For the reasons stated below, the Court AFFIRMS the Commissioner's decision.
On December 24, 2014, Plaintiff filed applications for Disability Insurance Benefits and Supplemental Security Income, pursuant to Titles II and XVI of the Social Security Act (the "Act"), alleging a disability onset date of September 9, 2013. (AR 77-78, 151-60). The Commissioner denied Plaintiff's applications initially. (AR 77-88). Thereafter, Plaintiff requested a hearing before an Administrative Law Judge ("ALJ"), which took place on August 14, 2017. (AR 34-52, 98-147). The ALJ issued an adverse decision on September 8, 2017, finding that Plaintiff was not disabled because there are jobs in the national economy that he can perform. (AR 15-26). On June 29, 2018, the Appeals Council denied Plaintiff's request for review. (AR 1-6). This action followed on August 24, 2018.
Plaintiff was born on December 24, 1973. (AR 153). He was forty-three (43) years old when he appeared before the ALJ on August 14, 2017. (AR 39). Plaintiff graduated from high school and has one year of college. (AR 39). He is single and lives with his mother. (AR 41, 153). Plaintiff last worked in May 2010 as a warehouse manager. (AR 182-83). He alleges disability due to bipolar disorder, obsessive-compulsive disorder (OCD), and anxiety. (AR 182).
On March 16, 2015, Plaintiff submitted an Adult Function Report. (AR 204-12). He asserted that his OCD affects his ability to concentrate and focus on tasks. (AR 204, 208). His bipolar disorder causes depression and hypersomnia. (AR 204-05). He requires reminders to take care of personal needs and grooming. (AR 206). Plaintiff rarely goes outside and does not drive. (AR 207). While he complains of being socially withdrawn, he is able to enjoy social activities with friends and family. (AR 208-09). Plaintiff contends that his mental impairments affect his ability to talk, hear, see, complete tasks, concentrate, understand, and follow instructions. (AR 209). He asserts that his medications cause multiple side effects, including nausea, drowsiness, dizziness, hypersomnia, and anorexia. (AR 211).
At Plaintiff's hearing, he testified that his medications stabilize his mental impairments but cause drowsiness and hypersomnia. (AR 39-40, 43-44). He has trouble concentrating and staying focused. (AR 40). His mother drives him everywhere and gets him to his appointments on time. (AR 41, 44). He seldom goes shopping because he gets agitated, nervous, and frustrated around other people. (AR 42). Plaintiff acknowledged last using marijuana in 2012. (AR 38). He lost his driver's license after being arrested for driving under the influence of marijuana. (AR 44).
Plaintiff began treating with Ernesto Cortez, D.O., in 2000. (AR 185). In November 2013, Dr. Cortez noted that Plaintiff had not been seen since 2011. (AR 273). Plaintiff requested medication for anxiety and insomnia. (AR 273). He stated that Xanax had worked well for him in the past.
Plaintiff began treating with Jorge Dubin, M.D., in December 2013. (AR 186). In February and March 2014, mental status examinations were unremarkable, and Plaintiff denied any medication side effects. (AR 298, 304). He was fully oriented, exhibited normal self-perception, intact memory, mild concentration impairment, and fair judgment and insight. (AR 304). Plaintiff reported improvements in OCD symptoms. (AR 298). Dr. Dubin diagnosed bipolar affective disorder, OCD, and a history of polysubstance abuse. (AR 304). In May 2014, Dr. Dubin emphasized that Plaintiff was doing well. (AR 297). Plaintiff denied mood swings. (AR 297). A mental status examination was unremarkable. (AR 297). Plaintiff's medications were continued. (AR 297). In July 2014, Plaintiff exhibited moderate concentration deficits and fair insight and judgment, but his mood, affect, psychomotor activity, and thought process and content were all normal. (AR 295). In October 2014, Plaintiff reported doing well and denied any mood swings. (AR 293). Seroquel helped him stay calm. (AR 293). A mental status examination demonstrated an anxious mood but otherwise intact memory, organized thought processes, clear thought content, and only mild concentration deficits. (AR 293).
In January 2015, Plaintiff reported doing better, being slightly depressed but with no psychotic symptoms. (AR 291). The mental status examination exhibited mild concentration deficits and fair insight and judgment. (AR 291). In March 2015, Plaintiff reported only rarely experiencing OCD symptoms. (AR 290). He was depressed but otherwise doing well. (AR 290). A mental status examination was unremarkable. (AR 290). Dr. Dubin continued Seroquel, Abilify, and Prozac.
On April 2, 2015, David K. Middleton, Ph.D., completed a mental disorder questionnaire. (AR 281-87). He first treated Plaintiff in December 2013. (AR 285). Dr. Middleton reported that Plaintiff's grooming was "adequate but marginal," his mannerisms "friendly but slightly odd," and his gait slow and deliberate. (AR 281). Plaintiff reported a history of OCD, depression, paranoia, and mania since high school. (AR 281, 283). He described paranoia ideation and generalized anxiety symptoms. (AR 282). On examination, Plaintiff was oriented, his memory intact, and insight and judgment were marginal. (AR 282). Plaintiff's intellectual functioning, assessed with WAIS-III testing, was in the range of average cognitive skills with no intellectual impairment. (AR 282). Plaintiff reported persistent paranoid delusions, but Dr. Middleton found "no evidence of distortion in form of thought." (AR 283). Dr. Middleton concluded that Plaintiff's mood swings and delusions appear to be managed adequately with medication. (AR 283). Dr. Middleton diagnosed bipolar disorder and OCD and opined that Plaintiff's condition is chronic, unlikely to improve. (AR 285).
In August 2015, Norma R. Aguilar, a board-eligible psychiatrist, conducted a complete psychiatric evaluation on behalf of the Agency. (AR 308-16). Plaintiff was appropriately dressed and groomed, with normal posture and gait. (AR 308). Plaintiff stated he has "obsessive compulsive disorder which I do rituals and counting numbers and I also have bipolar depression." (AR 308). He reported nervousness, poor concentration, poor memory, paranoid feelings, insomnia, anorexia, racing thoughts, and low motivation. (AR 309). Plaintiff denied suicidal or homicidal ideations. (AR 309). He reported some benefits from his medications and monthly psychotherapy sessions. (AR 309). Plaintiff acknowledged a history of substance abuse, including alcohol, methamphetamine, and marijuana. (AR 310). Plaintiff is able to bathe and dress without assistance and to handle his own money. (AR 310). Plaintiff has good relationships with family and friends. (AR 310).
On examination, Plaintiff was cooperative, with normal body movements and eye contact. (AR 310). His mood was slightly depressed, with labile affect and no psychomotor retardation. (AR 310). His thought process was normal without looseness of association, thought disorganization, flight of ideas, thought blocking, tangentiality, or circumstantiality. (AR 310). Plaintiff's thought content was characterized by paranoid and grandiose delusions. (AR 310). He reported obsessions and tactile hallucinations. (AR 310). Plaintiff was alert, fully oriented, with intact memory, concentration, and calculation. (AR 311). Plaintiff's fund of information and intelligence and his insight and judgment were within normal limits. (AR 311). Dr. Aguilar diagnosed bipolar disorder, OCD, and polysubstance abuse, in remission. (AR 311). She opined that Plaintiff has no limitations in his ability to follow simple and detailed oral and written instructions; to interact with the public, coworkers, and supervisors; and to comply with work rules, such as safety and attendance. (AR 312). Plaintiff is mildly limited in his ability to respond to changes in a routine work setting and moderately limited in his ability to respond to work pressures. (AR 312).
In December 2015, Plaintiff reported to Dr. Dubin that he was feeling better, without any nervousness or anxiety. (AR 326). His sleep was okay and his OCD under control without any side effects from his medications. (AR 326). Other than a mild impairment in concentration, a mental status examination was unremarkable. (AR 326). In April 2016, Plaintiff's psychomotor control, thought process, thought content, memory, and concentration were within normal limits. (AR 324). In October 2016, Plaintiff exhibited moderate concentration deficits, anxious mood, and fair insight/judgment but otherwise a mental status examination was within normal limits. (AR 322). In May 2017, Plaintiff reported worsening symptoms, but other than moderate concentration deficits and poor insight/judgment, a mental status examination was largely unchanged. (AR 318). Dr. Dubin noted a moderate impairment in concentration, but Plaintiff had calm psychomotor activity, clear thought content, and intact memory. (AR 318). Dr. Dubin diagnosed OCD, major depressive disorder, and history of polysubstance abuse. (AR 318). He prescribed fluoxetine, quetiapine and buspirone and discontinued aripiprazole. (AR 318).
On September 17, 2015, Robert Liss, Ph.D., a State agency consultant, evaluated the mental health records and concluded that Plaintiff's affective and anxiety disorders are severe impairments. (AR 59). He opined that Plaintiff has a mild restriction of activities of daily living, mild difficulties in maintaining social functioning, and moderate difficulties in maintaining concentration, persistence or pace. (AR 59). Dr. Liss concluded that Plaintiff is moderately limited in his ability to understand, remember, and carry out detailed instructions; maintain attention and concentration for extended periods; work in coordination with or in proximity to others without being distracted by them; and to complete a normal workday and workweek without interruptions from psychologically based symptoms and to perform at a consistent pace without an unreasonable number and length of rest periods. (AR 61-62).
To qualify for disability benefits, a claimant must demonstrate a medically determinable physical or mental impairment that prevents the claimant from engaging in substantial gainful activity and that is expected to result in death or to last for a continuous period of at least twelve months.
To decide if a claimant is entitled to benefits, an ALJ conducts a five-step inquiry. 20 C.F.R. §§ 404.1520, 416.920. The steps are:
The claimant has the burden of proof at steps one through four and the Commissioner has the burden of proof at step five.
The ALJ employed the five-step sequential evaluation process and concluded that Plaintiff was not disabled within the meaning of the Act. (AR 15-27). At step one, the ALJ found that Plaintiff has not engaged in substantial gainful activity since September 9, 2013, the alleged onset date. (AR 17). At step two, the ALJ found that Plaintiff's bipolar disorder, OCD, and history of drug abuse are severe impairments. (AR 17). At step three, the ALJ determined that Plaintiff does not have an impairment or combination of impairments that meet or medically equal the severity of any of the listings enumerated in the regulations. (AR 17-20).
The ALJ then assessed Plaintiff's RFC and concluded that he can perform a full range of work at all exertional levels but with the following nonexertional limitations: "noncomplex routine tasks, no tasks requiring hypervigilance, not responsible for the safety of others, no jobs requiring significant teamwork." (AR 20). At step four, the ALJ found that Plaintiff is unable to perform any past relevant work. (AR 25). Based on Plaintiff's RFC, age, education, work experience, and the VE's testimony, the ALJ determined at step five that there are jobs that exist in significant numbers in the national economy that Plaintiff can perform, including hand packager, cleaner, and store laborer. (AR 25-26). Accordingly, the ALJ found that Plaintiff was not under a disability, as defined by the Act, from September 9, 2013, through the date of the decision. (AR 26-27).
Under 42 U.S.C. § 405(g), a district court may review the Commissioner's decision to deny benefits. The court may set aside the Commissioner's decision when the ALJ's findings are based on legal error or are not supported by substantial evidence in the record as a whole.
"Substantial evidence is more than a scintilla, but less than a preponderance."
Plaintiff raises a single claim for relief. He contends that the ALJ impermissibly rejected his subjective symptom testimony. (Dkt. No. 22 at 5-12).
Plaintiff testified that he is unable to work due to deficits in concentration and focus, and being fearful, agitated, or frustrated when around other people. (AR 40-44). His medications have helped stabilize his symptoms but cause drowsiness and hypersomnia side effects. (AR 39-40, 43-44).
When assessing a claimant's credibility regarding subjective pain or intensity of symptoms, the ALJ must engage in a two-step analysis.
If the claimant satisfies this first step, and there is no evidence of malingering, the ALJ must provide specific, clear and convincing reasons for rejecting the claimant's testimony about the symptom severity.
In discrediting the claimant's subjective symptom testimony, the ALJ may consider the following:
Further, the ALJ must make a credibility determination with findings that are "sufficiently specific to permit the court to conclude that the ALJ did not arbitrarily discredit claimant's testimony."
The ALJ provided multiple, specific, clear, and convincing reasons, supported by evidence in the record, to find Plaintiff's complaints of disabling mental symptomology only partially credible. (AR 18-19, 21-24). These reasons are sufficient to support the Commissioner's decision.
First, the ALJ found that Plaintiff's statements were internally inconsistent. (AR 18-19, 21). "[T]he ALJ may consider inconsistencies either in the claimant's testimony or between the testimony and the claimant's conduct."
Second, the ALJ found that Plaintiff exhibited a "good response to prescribed treatment, which consisted of routine medication management." (AR 18;
Finally, the ALJ found that the medical record "demonstrates minimal evidence of significant mental status abnormalities." (AR 18;
Plaintiff contends that the ALJ failed to acknowledge that his treating physicians "noted impairment in concentration, mood, and affect." (Dkt. No. 22 at 5). To the contrary, throughout his opinion, the ALJ noted that on occasion, Plaintiff's symptoms included mild to moderate concentration deficits, fair judgment and insight, depressed mood, and labile affect. (AR 19, 21, 22, 23). Moreover, the ALJ found that Plaintiff's bipolar disorder and OCD are severe impairments. (AR 17). While the "evidence" cited by Plaintiff supports the various diagnoses he has received, it does not support his allegations of debilitating symptoms. The mere existence of these impairments does not provide any support for the disabling limitations alleged by Plaintiff. Indeed, "[t]he mere existence of an impairment is insufficient proof of a disability."
Furthermore, the ALJ did not completely reject Plaintiff's testimony. (AR 21). Indeed, the ALJ gave less than full weight to the State agency physician's assessment and the consultative examiner's opinion because they did not have the benefit of Plaintiff's hearing testimony. (AR 23-24) (ALJ finding "moderate social restrictions based on the totality of the evidence, including [Plaintiff's] testimony, as well as the treatment notes received at the hearing level"). Based partially on Plaintiff's subjective statements, the ALJ found that Plaintiff has moderate limitations in understanding, remembering, or applying information; in interacting with others; and with regard to concentrating, persisting, or maintaining pace. (AR 18-19). The ALJ accommodated Plaintiff's bipolar disorder and OCD and his moderate difficulties in social functioning, in understanding and applying information and in concentration, persistence, or pace by restricting him to noncomplex routine tasks, no tasks requiring hypervigilance, not responsible for the safety of others, no public interaction, and limited teamwork. (AR 20). While these limitations preclude Plaintiff from performing any past relevant work, the VE opined that there are still jobs in the national economy that Plaintiff can perform. (AR 25-26, 47-50).
In sum, the ALJ offered clear and convincing reasons, supported by substantial evidence in the record, for his adverse credibility findings. Accordingly, because substantial evidence supports the ALJ's assessment of Plaintiff's credibility, no remand is required.
Consistent with the foregoing, IT IS ORDERED that Judgment be entered AFFIRMING the decision of the Commissioner. The Clerk of the Court shall serve copies of this Order and the Judgment on counsel for both parties.