ERIN L. WIEDEMANN, Magistrate Judge.
Plaintiff, Robin L. Strawhacker, 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 a period of disability and disability insurance benefits ("DIB") under the provisions of 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 application for DIB on November 6, 2013. (ECF No. 9, p. 17). In her application, Plaintiff alleges disability due to degenerative spondylosis, degenerative disc disease of the thoracic and lumbar spines, attention-deficit/hyperactivity disorder ("ADHD"), mild depression, obesity, scoliosis, and changes in height. (ECF No. 9, p. 210). Plaintiff alleges an amended onset date of May 21, 2011. (ECF No. 9, pp. 56, 206). These applications were denied initially. (ECF No. 9, pp. 17, 80-90).
Thereafter, Plaintiff requested an administrative hearing on her denied application, and this hearing request was granted. (ECF No. 9, pp. 122-38). Plaintiff's administrative hearing was held on August 11, 2015, in Syracuse, New York (ECF No. 9, pp. 52-79). Plaintiff appeared via teleconference and was represented by Peter Walton.
After this hearing, on October 9, 2015, the ALJ entered an unfavorable decision denying Plaintiff's application for DIB. (ECF No. 9, pp. 14-32). In this decision, the ALJ found Plaintiff last met the insured status requirements of the Act through September 30, 2016. (ECF No. 9, p. 19, Finding 1). The ALJ also found Plaintiff had not engaged in Substantial Gainful Activity ("SGA") since May 21, 2011, Plaintiff's amended alleged onset date. (ECF No. 9, p. 19, Finding 2). The ALJ determined Plaintiff had the following severe impairments: degenerative disc disease of the lumbar spine, degenerative disc disease of the thoracic spine, and fibromyalgia. (ECF No. 9, pp. 19-21, Finding 3). Despite being severe, the ALJ determined these impairments did not meet or medically equal the requirements of any of the Listings of Impairments in Appendix 1 to Subpart P of Part 404 ("Listings"). (ECF No. 9, p. 22, Finding 4).
The ALJ then considered Plaintiff's Residual Functional Capacity ("RFC"). (ECF No. 9, pp. 22-25, Finding 5). First, the ALJ evaluated Plaintiff's subjective complaints and found his claimed limitations were not entirely credible.
Thereafter, on November 24, 2015, Plaintiff requested a review by the Appeals Council (ECF. No. 9, pp. 11-13). The Appeals Council denied this request on January 29, 2016. (ECF No. 9, pp. 5-10). On March 2, 2016, Plaintiff filed the present appeal with this Court. (ECF No. 1). The parties consented to the jurisdiction of this Court on March 3, 2016. (ECF No. 5). This case is now ready for decision.
This Court's role is to determine whether substantial evidence supports the Commissioner's findings.
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 him 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 his age, education, and experience.
Plaintiff raises two issues on appeal: 1) the ALJ erred in failing to find Plaintiff's mental impairments of depression, bipolar disorder, and adjustment disorder severe, and; 2) the ALJ erred in failing to obtain the testimony of a VE. (ECF No. 10).
At Step Two, a claimant has the burden of providing evidence of functional limitations in support of their contention of disability.
The ALJ did not commit reversible error by determining Plaintiff's alleged mental impairments were non-severe. The ALJ determined Plaintiff's alleged mental impairments were medically determinable. (ECF No. 9, p. 20). First, he noted that Plaintiff suffered no limitation of her activities of daily living due to her medically determinable mental impairments. (ECF No. 9, pp. 20-21). The ALJ determined Plaintiff could provide for her own personal care, care for children, prepare meals, perform household chores such as doing the laundry, sweeping and vacuuming floors, and washing the dishes, that she could drive, go out alone, shop in stores, enjoyed watching television, and was able to manage her finances and schedule and attend her own appointments. (ECF No. 9, pp. 20-21). Next, the ALJ found Plaintiff had no limitation in the area of social functioning. (ECF No. 9, p. 21). The ALJ determined Plaintiff had never lost a job because she was unable to get along with people, that she got along with authority figures such as her bosses, teachers, police, and landlords, and that she had no difficulty getting along with friends, family, neighbors, and others.
Substantial evidence supports the ALJ's determination that Plaintiff's medically determinable mental impairments would not significantly limit her mental ability to do basic work activities. First, the ALJ gave Dr. Noia's opinion great weight. (ECF No. 9, p. 24). Dr. Noia opined as follows:
(ECF No. 9, pp. 347-48). The ALJ also determined Dr. Noia's opinion was consistent with the treatment evidence in the record, which consisted of therapy sessions and use of the medication Trazodone. (ECF No. 9, p. 24);
Plaintiff has not met her burden of providing evidence of functional limitations in support of her contention that her medically determinable mental impairments had more than a minimal effect on her ability to do work. Based on the foregoing, this Court finds substantial evidence supports the ALJ's determination that Plaintiff's medically determinable mental impairments were not severe impairments within the meaning of the Act.
Plaintiff's argument, that the ALJ was required to acquire the testimony of a VE, is without merit. The ALJ determined Plaintiff could perform her PRW as a gambling broker as it was actually performed. (ECF No. 9, p. 25). At step four of the sequential evaluation process, the ALJ will reach a decision of not disabled when a claimant retains the RFC to perform the actual demands and job duties of her PRW.
Accordingly, having carefully reviewed the record, the undersigned finds substantial evidence supporting the ALJ's decision denying the Plaintiff benefits, and thus the decision is hereby affirmed. The undersigned further finds that the Plaintiff's Complaint should be, and is hereby dismissed with prejudice.
IT IS SO ORDERED.