KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff Lorraine Lott seeks judicial review of a final decision by the Commissioner of Social Security ("Commissioner") denying plaintiff's application for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act ("Act").
After carefully considering the record and the parties' briefing, the court DENIES plaintiff's motion for summary judgment, GRANTS the Commissioner's cross-motion for summary judgment, and AFFIRMS the Commissioner's final decision.
Plaintiff was born on February 6, 1960; she earned a nursing degree and previously worked at Sutter Community Hospital of Sacramento for 22 years as a surgical nurse. (Administrative Transcript ("AT") 46, 207.) Plaintiff applied for DIB on March 15, 2016, alleging that she was unable to work as of January 9, 2015, primarily due to post-laminectomy syndrome. (AT 79-80, 85, 177, 248, 270.) On April 29, 2016, the Commissioner determined that plaintiff was not disabled. (AT 102-06.) Upon plaintiff's request for reconsideration, that determination was affirmed on June 29, 2016. (AT 109-15.) Thereafter, plaintiff requested a hearing before an administrative law judge ("ALJ"), which took place on November 14, 2016, and at which plaintiff, represented by an attorney, and a vocational expert ("VE") testified. (AT 41-78, 119-21.)
In a decision dated November 29, 2016, the ALJ determined that plaintiff had not been under a disability, as defined in the Act, from January 9, 2015, plaintiff's alleged disability onset date, through the date of the ALJ's decision. (AT 23-36.) The ALJ's decision became the final decision of the Commissioner when the Appeals Council denied plaintiff's request for review on April 12, 2017. (AT 1-7.) Thereafter, plaintiff filed this action in federal district court on May 10, 2017, to obtain judicial review of the Commissioner's final decision. (ECF No. 1.)
On appeal, plaintiff raises the following issues: (1) whether the ALJ improperly rejected the opinion of plaintiff's treating physician; and (2) whether the ALJ improperly determined plaintiff's transferrable skills from her past work as a surgical nurse.
The court reviews the Commissioner's decision to determine whether (1) it is based on proper legal standards pursuant to 42 U.S.C. § 405(g), and (2) substantial evidence in the record as a whole supports it.
The ALJ evaluated plaintiff's entitlement to DIB pursuant to the Commissioner's standard five-step analytical framework.
Before proceeding to step four, the ALJ assessed plaintiff's residual functional capacity ("RFC") as follows:
(AT 27.) At step four, the ALJ found that plaintiff was unable to perform any past relevant work. (AT 34.) However, at step five, the ALJ determined, based on the VE's testimony, that considering plaintiff's age, education, work experience, and RFC, there were jobs that existed in significant numbers in the national economy that plaintiff could perform. (AT 34-36.) Specifically, the ALJ found that plaintiff's past work as a nurse had provided her with the following transferrable skills: computer skills, general office skills, medical knowledge, and interpersonal skills. (AT 35.) With those transferrable skills and the RFC, plaintiff could perform other jobs such as home health aide, file clerk, and general clerk. (
Accordingly, the ALJ concluded that plaintiff had not been under a disability, as defined in the Act, from January 9, 2015, plaintiff's alleged disability onset date, through November 29, 2016, the date of the ALJ's decision. (AT 36.)
In this case, all parties agree that plaintiff suffers from spinal impairments, after having two spinal surgeries, accompanied by symptoms from degenerative disc disease. (AT 279, 321.) The pertinent question is whether plaintiff's symptoms during the relevant period were so severe as to render her disabled for purposes of the Act.
The weight given to medical opinions depends in part on whether they are proffered by treating, examining, or non-examining professionals.
To evaluate whether an ALJ properly rejected a medical opinion, in addition to considering its source, the court considers whether (1) contradictory opinions are in the record; and (2) clinical findings support the opinions. An ALJ may reject an uncontradicted opinion of a treating or examining medical professional only for "clear and convincing" reasons.
In this case, plaintiff's treating physician, Dr. George D. Picetti, wrote a letter indicating that plaintiff was unable to return to gainful employment due to significant limitations after her surgery. (AT 681.) Because Dr. Picetti's opinion was contradicted by other opinions in the record, the ALJ was required to provide specific and legitimate reasons to discount Dr. Picetti's opinion. As discussed below, the court concludes the ALJ properly discharged that obligation.
As an initial matter, the ALJ reasonably observed that Dr. Picetti's opinion was entirely conclusory. (AT 33.) Dr. Picetti noted that after plaintiff's reconstructive surgery she "developed significant limitations" and "actually continues to do quite poorly." (AT 681.) He then concluded that plaintiff was "unable to return to gainful employment" and should seek disability. (
Furthermore, the ALJ rationally found that Dr. Picetti's conclusory opinion was largely inconsistent with his own treatment records and the weight of the medical evidence. Despite plaintiff's subjective reports of severe symptoms, Dr. Picetti often documented relatively normal post-operation medical findings that showed plaintiff's recovery was progressing well. (AT 539-40, 543.) One month after the surgery, on May 28, 2015, Dr. Picetti reported, "[plaintiff's] x-rays show good positioning instrumentation, and beautiful alignment of the spine. She stands beautifully balanced in the coronal and sagittal planes. X-rays again confirm this." (AT 534.) Over a period of months, Dr. Picetti conducted several examinations of plaintiff, never indicating that plaintiff had any significant limitations, and reporting, on every occasion, that the x-rays confirmed "good positioning instrumentation alignment of the spine." (AT 539-40, 543.) Plaintiff's x-rays between June of 2015 and September of 2016 showed that she had good positioning and alignment of the spine and there were no signs of hardware failure. (AT 539-40, 543, 815-16.) The physical therapist noted that plaintiff walked with a "generally slowed, cautious [gait pattern], path deviation noted, no loss of balance"; further, plaintiff told the physical therapist that her "back is doing fine" but that her hips were bothering her. (AT 774, 776.) In August of 2016, plaintiff reported that over the past month, on average, when she was taking her medication, her pain level was a 3 out of 10. (AT 684.)
Finally, the ALJ's decision to give little weight to Dr. Picetti's letter is further bolstered by the opinions of the state agency physicians, Dr. Dann and Dr. Allen, who, after reviewing plaintiff's records, both concluded that there was significant evidence that plaintiff could perform light exertional work. (AT 79-101.) The ALJ reasonably relied on the opinions of Dr. Dann and Dr. Allen, according their opinions significant weight because of their consistence with the medical evidence. (AT 31-33.)
In sum, the ALJ provided specific and legitimate reasons to discount Dr. Picetti's opinion. While plaintiff unquestionably suffers from symptoms of her spinal surgeries resulting in limitations to her daily life, the ALJ properly weighed the conflicting evidence and ultimately found, based on substantial evidence in the record as a whole, that such limitations were not present at a disabling level.
As noted above, the ALJ found, based on the VE's testimony, that plaintiff acquired computer skills, general office skills, medical knowledge, and interpersonal skills from her past relevant work as a surgical nurse, and that, with those skills and a RFC for light work, plaintiff could perform the occupations of home health aide, file clerk, or general clerk. (AT 35-36.) The VE testified that the general clerk and file clerk occupations were listed in the Dictionary of Occupation Titles ("DOT") at the light exertional level. (AT 62.) The VE also noted that, although the home health aide occupation was listed in the DOT at the medium exertional level, there were actually 500,000 jobs within that occupation available at the light exertional level. (AT 62.)
Plaintiff's argument that the ALJ's findings as to transferrable skills were generally not supported by substantial evidence is without merit. As an initial matter, "an ALJ may take administrative notice of any reliable job information, including information provided by a VE."
Additionally, contrary to plaintiff's contention, the ALJ did not err in relying on the VE's testimony concerning the home health aide occupation, which the DOT classified as medium-level exertion. The VE and ALJ explicitly recognized that the VE's testimony deviated from the DOT, but the VE explained that, in his professional opinion, there were nonetheless a significant number of jobs available within that occupation which were actually performed at the light level. Thus, the deviation from the DOT was recognized, addressed, and supported by the competent testimony of the VE, on which the ALJ was entitled to rely.
For the foregoing reasons, the court concludes that the ALJ's decision is free from prejudicial error and supported by substantial evidence in the record as a whole. Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's motion for summary judgment (ECF No. 13) is DENIED.
2. The Commissioner's cross-motion for summary judgment (ECF No. 16) is GRANTED.
3. The final decision of the Commissioner is AFFIRMED, and judgment is entered for the Commissioner.
4. The Clerk of Court shall close this case.
The claimant bears the burden of proof in the first four steps of the sequential evaluation process.