ERIN L. WIEDEMANN, Magistrate Judge.
Laura L. La Ravia, on behalf of Matthew D. La Ravia (hereinafter "Plaintiff"), 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 Plaintiff's claims for 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 his current application for DIB on December 27, 2012, alleging an inability to work since February 1, 2010, due to a cerebral arteriovenous malformation and chronic migraine headaches. (Doc. 11, pp. 251, 359). For DIB purposes, Plaintiff maintained insured status through March 31, 2014. (Doc. 11, pp. 90, 363). An administrative hearing was held on March 24, 2014, at which Plaintiff appeared with counsel and testified. (Doc. 11, pp. 204-248).
By written decision dated November 10, 2014, the ALJ found that during the relevant time period, Plaintiff had an impairment or combination of impairments that were severe. (Doc. 11, p. 92). Specifically, the ALJ found that through the date last insured Plaintiff had the following severe impairments: migraine headaches, hypertension, asthma and obesity. However, after reviewing all of the evidence presented, the ALJ determined that through the date last insured 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. 11, p. 93). The ALJ found that through the date last insured Plaintiff retained the residual functional capacity (RFC) to:
(Doc. 11, p. 93). With the help of a vocational expert, the ALJ determined that through the date last insured, Plaintiff could perform his past relevant work as an operations manager and a distribution manager. (Doc. 11, p. 98).
Plaintiff then requested a review of the hearing decision by the Appeals Council, which after reviewing additional evidence submitted by Plaintiff, denied that request on February 19, 2016. (Doc. 11, p. 5-9). Subsequently, Plaintiff filed this action. (Doc. 1). This case is before the undersigned pursuant to the consent of the parties. (Doc. 6). Both parties have filed appeal briefs, and the case is now ready for decision. (Docs. 12, 13).
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 his 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 his 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 argues the following issues on appeal: 1) the ALJ's RFC determination is inconsistent with the record; and 2) the ALJ erred in determining Plaintiff could perform his past relevant work.
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, 2014. 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 February 1, 2010, his alleged onset date of disability, through March 31, 2014, the last date he 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 his insured status he 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.
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 his pain; (3) precipitating and aggravating factors; (4) dosage, effectiveness, and side effects of his 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
A review of the record revealed Plaintiff alleged experiencing disabling migraine headaches during the time period in question. In addressing Plaintiff's migraine headaches, the ALJ pointed out that when Plaintiff took his hypertension medication as prescribed, Plaintiff experienced a decrease in his migraine headache frequency. The record further revealed that Plaintiff did not seek treatment from April of 2010 until May of 2012. In May of 2012, Plaintiff reported that he had been out of his blood pressure medication for a few weeks and was seeking a prescription refill. Dr. Von Phomakay assessed Plaintiff with hypertension and prescribed medication. It is noteworthy that Plaintiff did not report experiencing chronic headaches to Dr. Phomakay as Plaintiff was assessed with only hypertension. Had Plaintiff experienced his headaches at the intensity and frequency expressed during the administrative hearing, the ALJ found that Plaintiff would have reported his migraines when he sought medical treatment. The record further revealed that Plaintiff did not report ongoing problems with migraines when he sought treatment in August of 2012. The record indicates that Plaintiff did not seek treatment again until after the expiration of his insured status. After reviewing the record as a whole, the Court finds substantial evidence to support the ALJ's determination that Plaintiff did not have disabling migraines.
Regarding Plaintiff's mental functioning, the record showed Plaintiff sought no treatment for these alleged impairments prior to the expiration of his insured status.
The Court would 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.
With regard to the testimony of Plaintiff's wife, 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, he has not established that he was unable to engage in any gainful activity prior to the expiration of his insured status. 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.
In finding Plaintiff able to perform light work with limitations prior to the expiration of his insured status, the ALJ considered Plaintiff's subjective complaints, the medical records, and the evaluations of the non-examining medical examiners. Plaintiff's capacity to perform this level of work is supported by the fact that Plaintiff's examining physicians placed no restrictions on his activities that would preclude performing the RFC determined during the relevant time period.
Plaintiff has the initial burden of proving that he suffers from a medically determinable impairment which precludes the performance of past work.
According to the Commissioner's interpretation of past relevant work, a claimant will not be found to be disabled if he retains the RFC to perform:
20 C.F.R. §§ 404.1520(e); S.S.R. 82-61 (1982);
The Court notes in this case the ALJ relied upon the testimony of a vocational expert, who after listening to the ALJ's proposed hypothetical question which included the limitations addressed in the RFC determination discussed above, testified that the hypothetical individual would be able to perform Plaintiff's past relevant work.
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.