ERIN L. WIEDEMANN, Magistrate Judge.
Plaintiff, Dawna Farnsworth, 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 claims for a period of disability and disability insurance benefits (DIB) and supplemental security income (SSI) benefits under the provisions of Titles II and 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 applications for DIB and SSI on July 19, 2012, alleging an inability since December 31, 2009,
In a written decision dated September 19, 2013, the ALJ found that Plaintiff retained the residual functional capacity (RFC) to perform sedentary work with limitations. (Doc. 10, pp. 173-187). Plaintiff requested review of the unfavorable decision by the Appeals Council. (Doc. 10, p. 263). On October 3, 2014, the Appeals Council entered an order remanding the case back to the ALJ. (Doc. 10, pp. 194-198). A supplemental administrative video hearing was held on March 30, 2015. (Doc. 10, pp. 44-82).
By written decision dated September 3, 2015, the ALJ found that during the relevant time period, Plaintiff had an impairment or combination of impairments that were severe. (Doc. 10, p. 20). Specifically, the ALJ found Plaintiff had the following severe impairments: degenerative disc disease; a rotator cuff abnormality; obesity; bilateral vision loss; a urinary tract disorder; ovarian cysts, status post postoperative; anxiety disorder; depressive disorder; and borderline personality disorder. 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. (Doc. 10, p. 21). The ALJ found Plaintiff retained the residual functional capacity (RFC) to:
(Doc. 10, p. 23). With the help of a vocational expert, the ALJ determined that Plaintiff could perform work as a fishing reel assembler, a motor polarizer, and a cuff folder. (Doc. 10, p. 34).
Plaintiff then requested a review of the hearing decision by the Appeals Council, which denied that request on July 13, 2016. (Doc. 10, pp. 8-11). Subsequently, Plaintiff filed this action. (Doc. 1). This case is before the undersigned pursuant to the consent of the parties. (Doc. 7). 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 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 at Step 5; 2) the ALJ erred when considering Plaintiff's urinary/abdominal issues; and 3) the ALJ erred in his credibility analysis.
In order to have insured status under the Act, an individual is required to have twenty quarters of coverage in each forty-quarter period ending with the first quarter of disability. 42 U.S.C. § 416(i)(3)(B). Plaintiff last met this requirement on March 31, 2013. Regarding Plaintiff's application for DIB, the overreaching issue in this case is the question of whether Plaintiff was disabled during the relevant time period of March 25, 2011, her amended alleged onset date of disability, through March 31, 2013, the last date she was in insured status under Title II of the Act.
In order for Plaintiff to qualify for DIB he must prove that on or before the expiration of her insured status she was unable to engage in substantial gainful activity due to a medically determinable physical or mental impairment which is expected to last for at least twelve months or result in death.
With respect to Plaintiff's SSI application, benefits are not payable prior to the date of application, regardless of how far back disability may, in fact, be alleged or found to extend.
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, it is clear that the ALJ properly considered and evaluated Plaintiff's subjective complaints, including the
With regard to Plaintiff's alleged mental impairments, the record failed to demonstrate that Plaintiff sought on-going and consistent treatment from a mental health professional during the relevant time period.
As for Plaintiff's physical impairments, the record revealed that Plaintiff sought treatment for back and neck pain which included an anterior cervical discectomy and fusion in June of 2012. While Plaintiff continued to report severe pain, the medical records revealed that Plaintiff was often found to have a non-tender back and neck, and full range of motion in her joints and extremities. Plaintiff's treating physicians also noted on more than one occasion that there were no physical findings to support her level of pain or her pain response appeared exaggerated for her symptoms. (Doc. 10, pp. 1314, 1460, 1471). Plaintiff also sought treatment for urinary and abdominal issues during the relevant time period. A review of the record revealed that Plaintiff responded well to treatment and as late as January of 2015, Plaintiff denied experiencing dysuria, frequency, or urgency, and also denied experiencing abdominal pain.
With regard to Plaintiff's testimony that her medications cause her to be drowsy and sedated, the Court points out that the medical evidence does not indicate Plaintiff discussed these side effects with her treating physicians.
With regard to the third-party statement completed by Plaintiff's sister, the ALJ properly considered this evidence but found it unpersuasive. This determination was within the ALJ's province.
Therefore, although it is clear that Plaintiff suffers with some degree of limitation, she has not established that she is unable to engage in any gainful activity. Accordingly, the Court concludes that substantial evidence supports the ALJ's conclusion that Plaintiff's subjective complaints were not totally credible.
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.
When determining the RFC, a treating physician's opinion is given more weight than other sources in a disability proceeding. 20 C.F.R. § 404.1527(c)(2). When a treating physician's opinion is supported by proper medical testing, and is not inconsistent with other substantial evidence in the record, the ALJ must give the opinion controlling weight.
In the present case, the ALJ considered the medical assessments of examining and non-examining agency medical consultants, Plaintiff's subjective complaints, and her medical records when he determined Plaintiff could perform sedentary work with limitations. The Court notes that in determining Plaintiff's RFC, the ALJ discussed the medical opinions of treating, examining and non-examining medical professionals, and set forth the reasons for the weight given to the opinions.
In determining Plaintiff's RFC, the ALJ gave little weight to the medical source statement completed by Mary Kaye Kerby, APN, opining that Plaintiff could perform less than sedentary work. (Doc. 10, pp. 1076-1078). After review, the Court finds that the ALJ did not err in discounting the opinion of Nurse Kerby. The ALJ declined to give controlling weight to Nurse Kerby's opinion for good and well-supported reasons.
Plaintiff contends that the ALJ erred in finding that jobs existed in significant numbers in the national economy that Plaintiff could perform.
At the supplemental hearing, the vocational expert testified that with respect to the fishing reel assemblers, there were 58 jobs in the state of Arkansas and 3,036 in the national economy. (Doc. 10, p. 79). Regarding the motor polarizer, there were 130 jobs in the state of Arkansas and 4,839 in the national economy. Finally, with respect to the cuff folder, there were 106 jobs in the state of Arkansas and 3,916 in the national economy. The Eighth Circuit found in
Although in this case the number of local jobs available is less than those referenced by the cases cited above, the Court also finds guidance in 42 U.S.C. §423(d)(2)(A), which provides, in pertinent part, that "`work which exists in the national economy'" means work which exists in significant numbers either in the region where such individual lives or in several regions of the country."(italics added). In the case now before the Court, there are 3,036 fishing reel assemblers in the national economy, 4,839 motor polarizers, and 3,916 cuff folders in the national economy. Therefore, even if the Court found that 294 local jobs were not significant numbers, which it does not, there would still be significant numbers of such jobs in the national economy.
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.