ERIN L. SETSER, Magistrate Judge.
Plaintiff, Sandra Dinsmore, brings this action pursuant to 42 U.S.C. §405(g), seeking judicial review of a decision of the Commissioner of the Social Security Administration (Commissioner) denying her claim for disability insurance benefits (DIB) under Title II of the Social Security Act (Act). In this judicial review, the Court must determine whether there is substantial evidence in the administrative record to support the Commissioner's decision.
Plaintiff protectively filed her current application for DIB on January 12, 2009, alleging an inability to work since June 15, 2006, due to "Degenerative disc disease, restless leg syndrome, bipolar, depression, migraines, high blood pressure, high cholesterol." (Tr. 138, 142). An administrative hearing was held on March 18, 2010, at which Plaintiff appeared with counsel, and she and her husband testified. (Tr. 29-54).
By written decision dated May 28, 2010, the ALJ found that during the relevant time period, June 15, 2006 (alleged onset date), through her date last insured, June 30, 2007, Plaintiff had an impairment or combination of impairments that were severe — degenerative disc disease, essential hypertension, and mood disorder. (Tr. 17). However, after reviewing all of the evidence presented, the ALJ determined that Plaintiff's impairments did not meet or equal the level of severity of any impairment listed in the Listing of Impairments found in Appendix I, Subpart P, Regulation No. 4. (Tr. 18). The ALJ found Plaintiff retained the residual functional capacity (RFC) to:
(Tr. 19). With the help of a vocational expert (VE), the ALJ determined that during the relevant time period, Plaintiff could perform her past relevant work as a labeler, which did not require the performance of work-related activities precluded by the Plaintiff's RFC. (Tr. 21).
Plaintiff then requested a review of the hearing decision by the Appeals Council, which denied that request on May 26, 2011. (Tr. 1-3). Subsequently, Plaintiff filed this action. (Doc. 1). This case is before the undersigned pursuant to the consent of the parties. (Doc. 5). Both parties have filed appeal briefs, and the case is now ready for decision. (Docs. 11, 12).
The Court has reviewed the entire transcript. The complete set of facts and arguments are presented in the parties' briefs, and are repeated here only to the extent necessary.
This Court's role is to determine whether the Commissioner's findings are supported by substantial evidence on the record as a whole.
It is well established that a claimant for Social Security disability benefits has the burden of proving her disability by establishing a physical or mental disability that has lasted at least one year and that prevents her from engaging in any substantial gainful activity.
The Commissioner's regulations require him to apply a five-step sequential evaluation process to each claim for disability benefits: (1) whether the claimant had engaged in substantial gainful activity since filing her claim; (2) whether the claimant had a severe physical and/or mental impairment or combination of impairments; (3) whether the impairment(s) met or equaled an impairment in the listings; (4) whether the impairment(s) prevented the claimant from doing past relevant work; and (5) whether the claimant was able to perform other work in the national economy given her age, education, and experience.
Plaintiff contends that the ALJ erred in concluding that Plaintiff was not disabled because: 1) Plaintiff had additional severe impairments; 2) The ALJ's credibility analysis was legally improper; 3) The ALJ's RFC determination and treatment of the medical opinion evidence was improper; and 4) Plaintiff cannot perform her past relevant work. (Doc. 11).
The ALJ found that Plaintiff had the following severe impairments: degenerative disc disease, essential hypertension, and mood disorder. (Tr. 17). However, the ALJ found that Plaintiff's Barrett's esophagus,
At Step Two of the sequential analysis, the ALJ is required to determine whether a claimant's impairments are severe.
Plaintiff argues that substantial evidence does not support the ALJ's decision that her Barrett's esophagus, restless leg syndrome and migraine headaches were non-severe. This argument does not merit reversal because the ALJ did not terminate his analysis at step two, instead proceeding through the sequential evaluation and stating that he was considering "all of the claimant's impairments, including impairments that are not severe," in formulating Plaintiff's RFC. (Tr. 16).
Although Plaintiff was diagnosed with Barrett's esophagus in 2005, there are no records to indicate that this had an impact on Plaintiff's ability to perform work-related activities between June15, 2006, and July 30, 3007. The same can be said regarding Plaintiff's restless leg syndrome. Finally, with respect to Plaintiff's migraine headaches, Plaintiff began suffering with headaches in 2002. (Tr. 426). However, there is nothing in the record which reflects that during the relevant time period, the headaches had an impact on Plaintiff's ability to perform work-related activities.
Thus, there is substantial evidence to support the ALJ's finding that Plaintiff's Barrett's esophagus, restless leg syndrome, and migraine headaches were not "severe" impairments.
RFC is the most a person can do despite that person's limitations. 20 C.F.R. § 404.1545(a)(1). It is assessed using all relevant evidence in the record.
The Court rejects Plaintiff's argument, based upon the well-stated reasons outlined in the Defendant's brief, and finds that there was sufficient evidence for the ALJ to make an informed decision and to support the ALJ's RFC findings.
The ALJ was required to consider all the evidence relating to Plaintiff's subjective complaints including evidence presented by third parties that relates to: (1) Plaintiff's daily activities; (2) the duration, frequency, and intensity of her pain; (3) precipitating and aggravating factors; (4) dosage, effectiveness, and side effects of her medication; and (5) functional restrictions.
After reviewing the administrative record, and the Defendant's well-stated reasons set forth in his brief, it is clear that the ALJ properly considered and evaluated Plaintiff's subjective complaints, including the
Plaintiff argues that the ALJ's RFC finding was not complete and that many of the physical and mental limitations were absent from the RFC. The Court disagrees.
After thoroughly reviewing the hearing transcript along with the entire evidence of record, the Court finds that the hypothetical the ALJ posed to the VE containing the ALJ's RFC findings fully set forth the impairments which the ALJ accepted as true and which were supported by the record as a whole.
Accordingly, having carefully reviewed the record, the undersigned finds substantial evidence supporting the ALJ's decision denying the Plaintiff benefits, and thus the decision should be affirmed. The undersigned further finds that the Plaintiff's Complaint should be dismissed with prejudice.