ERIN L. SETSER, Magistrate Judge.
Plaintiff, Cindy Napier, 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 supplemental security income (SSI) benefits under the provisions of Title XVI 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 SSI on March 12, 2010, alleging an inability to work due to severe depression, difficulty reading and writing, and possible Hepatitis C. (Tr. 115). An administrative hearing was held on February 15, 2011, at which Plaintiff appeared with counsel and testified. (Tr. 29-50).
By written decision dated March 15, 2011, the ALJ found that during the relevant time period, Plaintiff had an impairment or combination of impairments that were severe. (Tr. 15). Specifically, the ALJ found Plaintiff had the following severe impairments: major depressive disorder and anxiety. 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. 15). The ALJ found Plaintiff retained the residual functional capacity (RFC) to:
(Tr. 17). With the help of a vocational expert, the ALJ determined Plaintiff could perform work as a housekeeper, a meat processor, a groundskeeper, and a hand packager. (Tr. 25).
Plaintiff then requested a review of the hearing decision by the Appeals Council, which denied that request on April 10, 2012. (Tr. 1-4). 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. 8,9).
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 her to apply a five-step sequential evaluation process to each claim for disability benefits: (1) whether the claimant has engaged in substantial gainful activity since filing her claim; (2) whether the claimant has a severe physical and/or mental impairment or combination of impairments; (3) whether the impairment(s) meet or equal an impairment in the listings; (4) whether the impairment(s) prevent the claimant from doing past relevant work; and, (5) whether the claimant is able to perform other work in the national economy given her age, education, and experience.
Plaintiff argues the following issues on appeal: 1) the ALJ erred when he unreasonably determined that Plaintiff could not be disabled by mischaracterizing Plaintiff's abilities; and 2) the ALJ erred by failing to consider all of Plaintiff's impairments and the combined effect of Plaintiff's multiple conditions.
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 her brief, it is clear that the ALJ properly considered and evaluated Plaintiff's subjective complaints, including the
With regard to Plaintiff's alleged disabling migraine headaches, the ALJ noted that Plaintiff did not seek on-going and consistent treatment for these alleged headaches. The ALJ also noted that Plaintiff's treating physician did not prescribe medication or indicate that further assessment was warranted for Plaintiff's alleged disabling headaches.
The Court would also note that while Plaintiff alleged an inability to seek treatment due to a lack of finances, the record is void of any indication that Plaintiff had been denied treatment due to the lack of funds.
Based on the record as a whole, the Court finds there is substantial evidence to support the ALJ's credibility findings.
Plaintiff argues that the ALJ erred in failing to consider all of the claimant's impairments in combination.
The ALJ stated that in determining Plaintiff's RFC, he considered "all of the claimant's impairments, including impairments that are not severe." (Tr. 14). The ALJ further found that the Plaintiff did not have an impairment or combination of impairments that met or medically equaled one of the listed impairments. (Tr. 15). Such language demonstrates the ALJ considered the combined effect of Plaintiff's 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.
In the present case, the ALJ considered the medical assessments of non-examining agency medical consultants, the assessment of an examining consultative examiner, Plaintiff's subjective complaints, and her medical records when he determined Plaintiff could perform work at all exertional levels with some non-exertional limitations. In making this determination, the ALJ noted that while Plaintiff had been found eligible for financial assistance for her treatment at Ozark Guidance, Plaintiff did not seek on-going and consistent care for her mental impairments. The ALJ also noted that Dr. Terry L. Efird, the consultative examiner, opined that Plaintiff could communicate and interact in a reasonably social manner; that Plaintiff had the capacity to perform basic cognitive tasks required for basic work-like activities; that Plaintiff had no remarkable problems with attention or concentration; that Plaintiff had no remarkable problem with persistence, and that Plaintiff could persist in activities if desired; and that Plaintiff had no problem with mental pace of performance.
Plaintiff's capacity to perform work at all exertional levels with limitations is also supported by the fact that the medical evidence does not indicate that Plaintiff's examining physicians placed restrictions on her activities that would preclude performing the RFC determined.
After thoroughly reviewing the hearing transcript along with the entire evidence of record, the Court finds that the hypothetical the ALJ posed to the vocational expert 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.