ERIN L. SETSER, Magistrate Judge.
Plaintiff, Ashley Elizabeth Elder, 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 applications for DIB and SSI on December 2, 2009, alleging disability since December 2, 2009,
By written decision dated January 19, 2011, the ALJ found that during the relevant time period, Plaintiff had an impairment or combination of impairments that were severe — a seizure disorder, migraine headaches and obesity. (Tr. 16). 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. 17). The ALJ found Plaintiff retained the residual functional capacity (RFC) to:
(Tr. 17). With the help of a vocational expert (VE), the ALJ determined Plaintiff had no past relevant work, and that there were other jobs Plaintiff would be able to perform, such as sales attendant, waitress, and cashier. (Tr. 20-21). Plaintiff then requested a review of the hearing decision by the Appeals Council, which denied the request on May 17, 2012. (Tr. 1-3). 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. 10, 11).
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 him to apply a five-step sequential evaluation process to each claim for disability benefits: (1) whether the claimant had engaged in substantial gainful activity since filing her claim; (2) whether the claimant had a severe physical and/or mental impairment or combination of impairments; (3) whether the impairment(s) met or equaled an impairment in the listings; (4) whether the impairment(s) prevented the claimant from doing past relevant work; and (5) whether the claimant was able to perform other work in the national economy given her age, education, and experience.
Plaintiff raises the following issues on appeal: 1) The ALJ erred in rejecting the opinion of Plaintiff's treating physician; and 2) The ALJ erred in rejecting Plaintiff's complaints of disabling pain. (Doc. 10).
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 concluded that Plaintiff had the capacity to perform light work with certain limitations. (Tr. 17). The ALJ discussed the medical evidence as well as Plaintiff's own description of her limitations. In evaluating the medical evidence, the ALJ discussed the March 2010 Treating Physician's Migraine Headache form, where a physician from Good Samaritan Medical Clinic reported that Plaintiff experienced a migraine headache about once a week and would interfere with her ability to work about one day a week. (Tr. 19, 245). The ALJ noted that while Plaintiff provided medical evidence of record to document continuing doctor visits through August 2010, she did not complain again of headaches. (Tr. 19). He concluded that the medical evidence of record did not document continuing complaints of headaches in 2010 and therefore, he must conclude that Plaintiff's headaches improved and could not give the doctor's opinion significant weight. (Tr. 19). The Court confirms the fact that after December 1, 2009, when Plaintiff reported to the Good Samaritan Clinic that Naproxen was not helping with her headaches, subsequent visits to the clinic did not reveal any complaints of headaches. In addition, an EEG performed on November 4, 2009 was normal. (Tr. 221, 224).
Plaintiff argues that the Good Samaritan Clinic's physician's opinion is entitled to controlling weight. A treating physician's opinion is given controlling weight "if it `is well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in [a claimant's] case record.'"
The Court believes the ALJ correctly discounted the March 2010 form because the statements made were inconsistent with the other evidence in the record.
Based upon the foregoing, and for those reasons set forth in Defendant's well-stated brief, the Court finds there is substantial evidence to support the weight the ALJ gave to the March 2010 medical report, and to support the ALJ's RFC determination.
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.
In this case, the ALJ determined that Plaintiff's medically determinable impairments could reasonably be expected to cause the alleged symptoms. (Tr. 18). However, he also found that Plaintiff's statements concerning the intensity, persistence and limiting effects of the symptoms were not credible to the extent they were inconsistent with his RFC assessment. (Tr. 18).
The ALJ noted that Plaintiff's seizure disorder was controlled by the medication Keppra, which the record confirms. (Tr. 18, 42, 196, 221, 286). On July 29, 2009, Plaintiff presented herself to Good Samaritan Clinic, claiming she had been off medications for four years for her seizure disorder. (Tr. 223). At this time, the doctor prescribed Keppra. (Tr. 223). The ALJ also noted that Plaintiff did not complain of headaches in 2010. He discussed Plaintiff's daily activities and the fact that Plaintiff was able to access her e-mail account, as well as Facebook and My Space on the computer, was able to work crossword puzzles, watch movies and play chess, and enjoyed reading Harry Potter and Twilight books. (Tr. 18). In her February 26, 2010 Function Report, Plaintiff reported that she ate breakfast, did the dishes, cleaned house, did the laundry, cooked dinner, and had no problems with personal care. (Tr. 170-171). She also indicated that she went outside every day, and shopped for clothes, feminine products and groceries. (Tr. 173). Although she testified that every day she was in pain, she also testified that she was able to dress herself, bathe and groom herself, and fix herself something to eat. (Tr. 46). She also testified that she was having headaches every day, but that they lasted for about one or two hours. (Tr. 40). The record indicates that Plaintiff had no complaints of seizure activity or headaches between November 2004 and July 2009 and received very little medical intervention.
Based upon the foregoing, and for those reasons set forth in Defendant's well-settled brief, the Court finds there is substantial evidence to support the ALJ's credibility findings.
Accordingly, having carefully reviewed the record, the Court finds substantial evidence supporting the ALJ's decision denying the Plaintiff benefits, and thus the decision is hereby affirmed. The undersigned further finds that Plaintiff's Complaint should be, and is hereby, dismissed with prejudice.
IT IS SO ORDERED.