ERIN L. SETSER, Magistrate Judge.
Plaintiff, Christina L. Jackson, 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) 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 current application for DIB on November 18, 2009, alleging an inability to work since May 16, 2009, due to narcolepsy, fibromyalgia, temporomandibular joint disorder (TMJ), interstitial cystitis, post traumatic stress disorder (PTSD), depression and anxiety. (Tr. 138, 169). An administrative video hearing was held on June 12, 2012, at which Plaintiff appeared with counsel and testified. (Tr. 29-46).
By written decision dated July 13, 2012, the ALJ found that during the relevant time period, Plaintiff had an impairment or combination of impairments that were severe. (Tr. 14). Specifically, the ALJ found Plaintiff had the following severe impairments: status post left lower extremity fracture; hypertension; and cognitive and mood disorders. 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. 18). The ALJ found Plaintiff retained the residual functional capacity (RFC) to:
(Tr. 19). With the help of a vocational expert, the ALJ determined Plaintiff could perform work as a production line assembler, and a sewing machine operator. (Tr. 22).
Plaintiff then requested a review of the hearing decision by the Appeals Council, which denied that request on August 13, 2013. (Tr. 1-6). 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. 10, 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 in failing to consider all of Plaintiff's impairments in combination; 2) the ALJ erred in his analysis and credibility findings in regard to Plaintiff's subjective complaints of pain; 3) the ALJ erred in finding that Plaintiff retained the RFC to perform less than a full range of light work; and 4) the ALJ erred in failing to fully and fairly develop the record.
Plaintiff argues that the ALJ erred in failing to consider all of the claimant's impairments in combination.
The ALJ stated that in determining Plaintiff's RFC, he considered "all of the claimant's impairments, including impairments that are not severe." (Tr. 13). In determining Plaintiff's severe impairments, the ALJ went into great detail with respect to the impairments that were found to be non-severe, and gave the reason for this finding. (Tr. 14-18). The ALJ further found that the Plaintiff did not have an impairment or combination of impairments that met or medically equaled one of the listed impairments. (Tr. 18). Such language demonstrates the ALJ considered the combined effect of Plaintiff's impairments.
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, and the Defendant's well-stated reasons set forth in her brief, it is clear that the ALJ properly considered and evaluated Plaintiff's subjective complaints, including the
With regard to Plaintiff's alleged migraines, the medical evidence revealed that Plaintiff did sporadically report experiencing headaches during the relevant time period, and was prescribed medication as needed to treat her headaches. Based on the record as a whole, the Court finds substantial evidence to support the ALJ's determination that Plaintiff's headaches were not disabling.
With regard to activities of daily living, the record revealed that in June of 2009, Plaintiff reported that she was receiving unemployment benefits. (Tr. 442). The Court notes "[a] claimant may admit an ability to work by applying for unemployment compensation benefits because such an applicant must hold h[er]self out as available, willing and able to work."
Therefore, although it is clear that Plaintiff suffers with some degree of pain, she has not established that she is unable to engage in any gainful activity.
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 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 light work with limitations. In making the RFC determination, the ALJ noted that the medical finding supported malingering and symptom exaggeration, and that he took this finding into account when weighing the medical evidence. (Tr. 20, 543, 627). After reviewing the entire evidence of record, the Court finds substantial evidence to support the ALJ's RFC finding.
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.
While an ALJ is required to develop the record fully and fairly,
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.