FREDERICK R. BUCKLES, Magistrate Judge.
This matter is on appeal for review of an adverse ruling by the Social Security Administration. All matters are pending before the undersigned United States Magistrate Judge, with consent of the parties, pursuant to 28 U.S.C. § 636(c).
On September 10, 2007, plaintiff Angela R. Perren ("Plaintiff") protectively filed an application for Disability Insurance Benefits ("DIB") alleging disability as of July 15, 2007. (Administrative Transcript ("Tr.") at 118-24). Plaintiff's application was initially denied, and she requested a hearing before an administrative law judge ("ALJ"). (Tr. 65-66). On February 17, 2010, a hearing was held before ALJ Stephen M. Hanekamp, during which Plaintiff was represented by counsel and testified on her own behalf. (Tr. 26-53). On April 29, 2010, the ALJ issued a decision denying Plaintiff's application for benefits. (Tr. 7-21). Plaintiff sought review of the ALJ's decision with defendant Agency's Appeals Council, (Tr. 4), but on October 18, 2010, the Appeals Council denied Plaintiff's request for review. (Tr. 1). The ALJ's decision thus stands as the Commissioner's final decision. 42 U.S.C. § 405(g).
During Plaintiff's administrative hearing, she was in Florida with her attorney, and the ALJ was in a hearing room in Saint Louis, Missouri, and the auditory portion of the proceedings were recorded. (Tr. 28-29). Plaintiff testified that she was born in December of 1966, and had a Bachelor's degree in Music and Registered Nursing training. (Tr. 31). Plaintiff testified that her nursing license had expired in 2007 when she stopped working. (
Plaintiff testified that she had held ten to fifteen jobs as a Registered Nurse ("RN"), and that all but her last employer had been satisfied with her work. (Tr. 34-35). She testified that she was terminated from her last RN job because her employer "felt [she] was unsafe in the work environment with [her] bipolar disorder." (Tr. 34). Plaintiff testified that she was hospitalized in August of 2007, and at work was simply unable to complete her duties due to poor concentration. (
Plaintiff testified that she went to bed at night at 10:30 and fell asleep pretty quickly, and woke at 5:30. (
The ALJ noted that Plaintiff had a good career as an RN from 1995 to 2007, and asked Plaintiff what happened. (
Plaintiff then responded to questions from her attorney. Plaintiff testified that she took two or three naps every day, each of which lasted for 30 to 60 minutes. (Tr. 39). She stated that she lacked initiative, and that her mother had to tell her to do everything. (
Plaintiff testified that, in addition to her mental problems, she had a history of back surgery and a 20-pound lifting limit that prevented her from working as an RN. (Tr. 40). Plaintiff testified that she underwent back surgery in 1992, and worked for many years afterward. (
Plaintiff testified that she had chronic back pain which she described as a constant nagging that worsened when she pulled her back, walked, or lifted. (Tr. 41-42). Plaintiff rated her back pain as four or five on a one-to-ten scale. (
Plaintiff testified that she did not feel she could work because she had poor concentration and poor memory and could not stay on task for longer than five or ten minutes, and because she slept on and off throughout a 24-hour period. (
Plaintiff testified that she saw Ahmed Farooque, M.D., a psychiatrist, every six months. (Tr. 45). Plaintiff testified that her mother drove her to her appointments with Dr. Farooque, whose office is located in Tennessee and is a six-hour drive from Plaintiff's house. (
The ALJ then heard testimony from John S. Dolan, a vocational expert ("VE"). Mr. Dolan classified Plaintiff's past work as medium in skill and exertional level, and heavy as Plaintiff described it. (Tr. 47). After considering hypotheticals posed by the ALJ, Mr. Dolan gave examples of jobs such individuals could perform, such as security guard, mail room clerk, or library aide. (Tr. 47-48).
Medical records from Thomas Sulkowski, M.D. indicate that Plaintiff was seen on June 30, 2003 for examination related to diabetes. (Tr. 460). It was noted that Plaintiff was morbidly obese but was otherwise well-appearing, and examination was essentially normal. (Tr. 460-61). She returned on September 24, 2003 for reflux esophagitis, allergic rhinitis, and diabetes follow-up. (Tr. 456-58). She was seen again on October 14, 2003 for bronchitis and sinusitis, (Tr. 453-55), and on February 17, 2004 for sinusitis. (Tr. 449-52). On April 2, 2004, Plaintiff saw Dr. Sulkowski with complaints of palpitations and chest pain. (Tr. 440). Examination, including an EKG, was normal, but Plaintiff was referred to a cardiologist. (Tr. 441-42).
Plaintiff returned to Dr. Sulkowski on April 23, 2004 with complaints of an ankle sprain and contusions on her left leg and knee secondary to a fall. (Tr. 437). Testing revealed no fracture. (Tr. 438). Plaintiff returned on May 10, 2004 for follow-up. (Tr. 434). Mild swelling was noted, and plaintiff was instructed to stay as active as possible and to use over-the-counter pain relievers. (Tr. 436). On June 1, 2004, plaintiff saw Dr. Sulkowski with complaints of left knee pain and instability, and was referred to an orthopedist. (Tr. 431-33).
On July 8, 2004, Plaintiff visited Dr. Sulkowski's office with complaints related to gastroesophageal reflux disease ("GERD"), allergic rhinitis and diabetes follow-up. (Tr. 427). On August 16, 2004 she presented with complaints of back pain after bending over while carrying groceries. (Tr. 424). Plaintiff was given prescription pain medication, and told to seek treatment immediately in the event of any numbness, weakness or change in bowel or bladder control. (Tr. 426).
Plaintiff returned to Dr. Sulkowski's office on August 31, 2004 for follow-up, stating that her symptoms had improved significantly. (Tr. 421). It is noted that she was reassured "about the apparent lack of serious clinical implications evident after today's evaluation of the complaints." (Tr. 422). Plaintiff returned on September 16, 2004 for follow-up, and was instructed to stay as active as tolerated. (Tr. 418-20).
Medical records from John Interlandi, M.D., an Endocrinologist, indicate that Plaintiff was seen on several occasions from June 22, 2004 to April 4, 2007 for diabetes management. (Tr. 210-48). On November 10, 2004, Plaintiff stated that her insulin pump needed adjustment. (Tr. 220). Dr. Interlandi noted the diagnoses of diabetes type 2 and morbid obesity, and noted that Plaintiff was to have gastric bypass surgery. (
Records from Hugh Houston, M.D. indicate that Plaintiff underwent gastric bypass surgery on December 8, 2004 at the Centennial Medical Center in Nashville, Tennessee. (Tr. 259-60). On January 20, 2005, Plaintiff saw Dr. Houston and reported severe diarrhea, and was hospitalized for treatment of dehydration. (Tr. 258).
Plaintiff returned to Dr. Sulkowski's office on January 6, 2005 with complaints of cough, congestion, and sore throat. (Tr. 415).
On March 9, 2005, Dr. Interlandi noted that Plaintiff had undergone gastric bypass and had lost 67 pounds, but was reporting diarrhea and dehydration. (Tr. 219).
On March 14, 2005, Plaintiff saw Dr. Houston and reported symptoms related to dehydration, which Dr. Houston opined may be caused by gastroenteritis. (Tr. 256).
On April 22, 2005, plaintiff saw Dr. Sulkowski for a second-degree burn on her right wrist sustained when adjusting the wheel height of her lawn mower. (Tr. 413).
A June 24, 2005 MRI of Plaintiff's thoracic spine, performed at Stonecrest Medical Center in Smyrna, Tennessee revealed disc protrusion/herniation at the T5 through T8 levels. (Tr. 302).
On August 10, 2005, Teresa Zyglewska, M.D. wrote that Plaintiff suffered from lumbar and thoracic radiculopathy, and would benefit from continued physical therapy and particularly aquatic therapy. (Tr. 310).
On September 7, 2005, Plaintiff saw Dr. Sulkowski for follow-up of back pain, and it was noted that she was nearly pain free and had resumed doing most activities. (Tr. 410-11).
On September 14, 2005, Plaintiff saw Dr. Interlandi and reported that she had visited the emergency room due to dehydration, (Tr. 218), and on March 22, 2006 reported the same. (Tr. 216). On October 2, 2006, however, she told Dr. Interlandi that she had not had to seek further treatment for dehydration. (Tr. 215).
Plaintiff saw Dr. Sulkowski on several occasions from October 25, 2005 through April 12, 2007 for various complaints, including sinusitis, cough and congestion, muscle cramps, right knee pain, insomnia, burns, allergic rhinitis, and conjunctivitis (Tr. 383-408).
On June 27, 2007, Plaintiff saw Dr. Zyglewska with complaints of sleep disturbance and daytime sleepiness. (Tr. 309). Dr. Zyglewska opined that Plaintiff most likely had a disturbance of her circadian rhythm due to shift work. (
On July 12, 2007, Plaintiff saw Dr. Sulkowski for diabetes follow-up, and also complained of anxiety. (Tr. 379). Dr. Sulkowski noted that Plaintiff appeared tense, was not in good spirits, was tearful, and appeared tired. (Tr. 381). Dr. Sulkowski advised Plaintiff to talk with friends, family or a counselor, relax, exercise, and stop smoking. (
On July 21, 2007, Plaintiff presented to the emergency room of the Centennial Medical Center in Nashville, Tennessee and was seen by Terry Cain, M.D. with complaints of chest pain and high blood pressure. (Tr. 266). It was noted that a recent echocardiogram was normal. (
On August 9, 2007, Plaintiff was hospitalized at Centennial Medical Center "because she was pretty hyper and getting manic." (Tr. 270). Plaintiff reported that she had been trying to eat dinner and get to the pharmacy to get her medication when she perceived someone on her porch, and also reported that she was receiving prank telephone calls. (
On August 10, 2007, Plaintiff was seen in consultation by David C. Heusinkveld, M.D., who noted Plaintiff's recent mental status changes consisting of increased symptoms of mania, anxiety and insomnia, and difficulty taking her medications. (Tr. 268). Plaintiff complained of some nausea, abdominal discomfort due to a hernia, left hip pain, and urinary frequency, but stated that she drank 80 ounces of water each day. (
On August 20, 2007, Plaintiff returned to Dr. Sulkowski and reported that she had missed work after she was exposed to sewage while helping her fiancé repair a broken sewer line, and had developed a urinary tract infection and gastro-intestinal symptoms. (Tr. 376). Plaintiff reported missing work due to separating from her fiancé, which caused an acute anxiety attack. (
On September 6, 2007, Plaintiff saw Dr. Farooque for a follow-up visit. (Tr. 313). Plaintiff complained that Geodon had a sedating effect. (
On September 11, 2007, Plaintiff saw Dr. Sulkowski with complaints of right leg pain and recurring back pain. (Tr. 372-73). Upon examination, there was no edema or tenderness, and Plaintiff had normal range of motion, strength, reflexes, sensation and a normal gait. (Tr. 373). She was instructed to stay as active as possible and to use heat therapy and analgesics as needed. (
On September 13, 2007, Plaintiff saw Dr. Zyglewska for follow up. (Tr. 291). She reported good improvement with use of the C-PAP machine. (
Plaintiff returned to Dr. Farooque on September 21, 2007, and reported complaints of pain. (Tr. 312). Dr. Farooque adjusted Plaintiff's Geodon prescription dosage. (
Plaintiff returned to Dr. Farooque's office on September 24, 2007 and saw Renee Crecelius, a licensed social worker, for a therapy session with her fiancé. (Tr. 528). Ms. Crecelius noted that Plaintiff was very agitated, and noted that she continually made claims about being "sought." (
On October 30, 2007, Plaintiff saw Jeffrey W. Viers, M.A., for a mental status evaluation at the request of the Tennessee Disability Determination Services. (Tr. 315-21). Plaintiff reported that she had not worked since July 15, 2007, and that she had been fired for "continued inappropriate behavior" inasmuch as it had been "reported that she was leaving aggressive, angry messages on the telephone with her supervisor." (Tr. 315). Plaintiff reported having racing thoughts and aggressive behavior, and understood herself to be hyperactive. (Tr. 316). She reported bitterness and financial stress resulting from being fired. (
On November 7, 2007, Plaintiff saw Emelito Pinga, M.D., for a disability evaluation at the request of the Tennessee Disability Determination Services. (Tr. 323-31). Plaintiff gave a history of having sharp pain in her neck, lower back, bilateral knees and right ankle, and also of having pain, numbness and tingling in her fingers. (Tr. 324-25). Plaintiff reported that testing had revealed problems in these areas. (
Upon examination, Dr. Pinga noted that Plaintiff was normally groomed, and had no difficulty moving from a chair to the examining table. (Tr. 328). Dr. Pinga observed Plaintiff to have good dexterity, and that she was able to remove and replace her shoes and socks and the cap on one of her medication bottles. (
On November 16, 2007, Plaintiff returned to Dr. Farooque's office for a follow-up visit. (Tr. 524, 526). Plaintiff saw Ms. Crecelius, and reported that she had done much better since her last session. (Tr. 524). Ms. Crecelius noted that Plaintiff's mood was stable, Plaintiff's behavior was appropriate, and she was compliant with her medications. (
Also on this date, Plaintiff was seen by Dr. Farooque, and reported doing much better and stated that she wished to return to work. (Tr. 526). She told Dr. Farooque about her plan to get married and bring her husband's children to live in the United States, and Dr. Farooque wrote that he discussed this with Plaintiff and noted that many problems would result from doing so, but that Plaintiff expressed confidence that she could handle all of the problems. (
On January 11, 2008, Plaintiff returned to Dr. Farooque's office and saw Ms. Crecelius and Dr. Farooque. (Tr. 522-23). Dr. Farooque noted that Plaintiff was doing pretty well, and that "[i]n fact this is the best shape I have seen her in a long time." (Tr. 523). Dr. Farooque noted that Plaintiff was compliant with her medication and had no psychiatric complaints, but did complain of feeling weak. (
On January 30, 2008, Mason D. Currey, Ph.D. completed a Mental Residual Functional Capacity Assessment form and a Psychiatric Review Technique form. (Tr. 336-53). Dr. Currey determined that Plaintiff had bipolar syndrome and "moderate" difficulties/limitations in the following areas: maintaining social functioning, maintaining concentration, persistence or pace, understanding and remembering instructions, carrying out detailed instructions, maintaining attention and concentration, working in coordination with/proximity to others without being distracted, completing a normal workday and workweek, interacting appropriately with the general public, accept instructions and respond to criticism from supervisors, get along with coworkers, and respond appropriately to workplace setting changes. (Tr. 350-51). For all other areas, Dr. Currey found that Plaintiff was "not significantly limited." (
On February 13, 2008, Denise P. Bell, M.D., completed a Physical Residual Functional Capacity Assessment form. (Tr. 354-61). Dr. Bell opined that Plaintiff could occasionally lift 50 pounds and could frequently lift 25; could sit and could stand and/or walk for six out of eight hours; and could push and/or pull without limitation. (Tr. 355). Dr. Bell noted the November 7, 2007 medical assessment and opined that it was too restrictive, given the findings of normal strength, normal gait and essentially full range of motion of all joints. (Tr. 360).
On March 24, 2008, Plaintiff saw Dr. Sulkowski and reported that Geodon seemed to be helping her bipolar symptoms. (Tr. 369-70). Plaintiff's blood pressure was normal, and she reported that she was taking her hypertension medications and had no side effects. (Tr. 370). Examination was normal, Plaintiff was found to be relaxed and in good spirits, and she was advised to talk with friends, family or a counselor, and to exercise. (Tr. 370-71).
Plaintiff returned to Dr. Farooque on April 4, 2008. (Tr. 521). Dr. Farooque noted that Plaintiff was "doing exceptionally well" and was taking only Geodon. (
On June 27, 2008, Plaintiff saw Dr. Sulkowski with complaints of fatigue, anemia and weakness. (Tr. 563-65). Dr. Sulkowski noted that Plaintiff's blood pressure was normal, and that she had a history of iron deficiency anemia and needed a recheck. (
On August 1, 2008, Reeta Misra, M.D. completed a Physical Residual Functional Capacity Assessment form. (Tr. 531-38). Dr. Misra opined that Plaintiff could occasionally lift 50 pounds and could frequently lift 25; could sit and could stand and/or walk for six out of eight hours; and could push and/or pull without limitation. (Tr. 532). Dr. Misra opined that Plaintiff should only "occasionally" climb a ladder, rope or scaffold but could "frequently" perform all other postural maneuvers, (Tr. 533), and assigned no manipulative, visual, communicative, or environmental restrictions. (Tr. 534-35). Dr. Misra noted that Plaintiff's sleep apnea was controlled with use of the C-PAP and that she had had normal examinations and had demonstrated good range of motion and strength, and determined that Plaintiff's allegations were partially credible in light of the medical evidence of record. (Tr. 538).
On August 12, 2008, P. Jeffrey Wright, Ph.D. completed a Psychiatric Review Technique form. (Tr. 539-52). Dr. Wright opined that Plaintiff had bipolar disorder in partial remission, and opined that Plaintiff had "moderate" difficulties/limitations in maintaining social functioning, and maintaining concentration, persistence or pace. (Tr. 549). On his Mental Residual Functional Capacity Assessment form, Dr. Wright opined that Plaintiff was "moderately limited" in the following areas: carrying out detailed instructions, maintaining attention and concentration for extended periods, performing activities within a schedule and maintaining regular and punctual attendance, completing a normal workday and workweek without interruption from psychologically based symptoms and performing at a consistent pace, interacting appropriately with the general public, getting along with coworkers and peers, and responding appropriately to changes in the work setting. (Tr. 553-54). Dr. Wright found "mild" or no limitations in all other areas. (
On October 14, 2008, plaintiff was seen by Dr. Sulkowski and stated that she had been taking her medications regularly, and had no side effects. (Tr. 575-76). Dr. Sulkowski stated that review of plaintiff's systems were all negative, and that her bipolar disorder symptoms were "slowly getting controlled and better." (Tr. 546). Examination was negative. (
Plaintiff returned to Dr. Farooque on November 7, 2008 for a follow-up visit. (Tr. 557). Dr. Farooque noted that Plaintiff was doing very well, and was calm and composed, and her mood and affect were stable. (
Plaintiff saw Dr. Farooque again on March 16, 2009. (Tr. 558). Dr. Farooque noted that Plaintiff's mother had written him a letter to say that Plaintiff was depressed, but Dr. Farooque noted that Plaintiff did not appear to be as depressed as described in the letter. (
On March 30, 2009, plaintiff was seen by Dr. Sulkowski and stated that she had experienced an allergic reaction to herbal teas given to her by her neighbor who turned out to be a stalker. (Tr. 580). Plaintiff complained of post-traumatic stress resulting from the stalking, exacerbation of a hernia, anxiety and memory problems. (
Plaintiff returned to Dr. Farooque on September 14, 2009. (Tr. 559). Dr. Farooque noted that Plaintiff was doing "more or less okay," but that Plaintiff opined that she could not work due to lack of concentration. (
Also on September 14, 2009, plaintiff saw Dr. Sulkowski with complaints of lower moderate back pain. (Tr. 585). Range of motion was decreased by 20 degrees and plaintiff was tender over her lower lumbar spine. (Tr. 586). However, there was no muscle spasm, straight leg raise testing was negative bilaterally, plaintiff had normal strength and normal sensation bilaterally, and her gait was within normal limits. (
The ALJ in this case determined that Plaintiff had not engaged in substantial gainful activity since her alleged onset date, and that she had the severe impairments of degenerative disc disease, degenerative joint disease, carpal tunnel syndrome, obstructive sleep apnea, asthma, diabetes mellitus, hypertension, coronary artery disease, obesity and bipolar disorder. (Tr. 12). The ALJ determined that Plaintiff did not have an impairment, or combination of impairments, that met or medically equaled a listed impairment. (
The ALJ determined that plaintiff retained the residual functional capacity to perform a range of light work as defined in 20 C.F.R. § 404.1567(b). (Tr. 14). The ALJ explained that plaintiff could lift/carry/push/pull up to 20 pounds occasionally and ten pounds frequently; stand/walk for 30 minutes at a time and a total of four hours in an eight-hour day; and sit for one hour at a time and for a total of six to eight hours in an eight-hour day. (
The ALJ determined that, due to Plaintiff's need for simple repetitive work with limited interpersonal contact, Plaintiff was unable to perform her past relevant work as a registered nurse. (Tr. 19).
Considering the fact that Plaintiff's ability to perform the full range of light work was impeded by additional limitations, the ALJ considered the vocational expert's testimony and concluded that Plaintiff was capable of making a successful adjustment to other work that existed in significant numbers in the national economy. (Tr. 20-21). The ALJ concluded that Plaintiff had not been under a disability as defined by the Act at any time from Plaintiff's alleged onset date through the date of the decision. (Tr. 21).
To be eligible for benefits under the Social Security Act, a plaintiff must prove that she is disabled.
To determine whether a claimant is disabled, the Commissioner utilizes a five-step evaluation process.
The Commissioner's findings are conclusive upon this Court if they are supported by substantial evidence. 42 U.S.C. § 405(g);
The Court must also consider any "evidence which fairly detracts from the ALJ's findings."
In the case at bar, Plaintiff states that she "does have a combination of impairments equal to a listing (20 C.F.R. §404.1501, et seq., Appendix 1)." (Docket No. 18 at 6). Plaintiff also states that she has more than one impairment, and notes that the "symptoms, signs and findings for the impairment are to be considered in combination to determine if Plaintiff meets a listed impairment." (
In the case at bar, at the third step of the sequential evaluation process, the ALJ determined that Plaintiff's impairments, either alone or in combination, did not meet or medically equal a listed impairment. Plaintiff states that she does have a combination of impairments equal to a listing, but does not state which listing or listings she feels she meets or medically equals, nor does she provide analysis of the relevant law or facts regarding the ALJ's decision regarding any of the listings cited. Review of the decision reveals no error.
"To qualify for disability under a listing, a claimant carries the burden of establishing that [her] condition meets or equals all specified medical criteria."
In the case at bar, the ALJ determined that there was insufficient evidence to establish a finding of disability under Listings 1.02 (major dysfunction of a joint(s) due to any cause), 1.04 (Disorders of the Spine), 3.03 (Asthma), 4.04 (Ischemic Heart Disease), 9.08 (Diabetes Mellitus), or 12.04 (Affective Disorders). (Tr. 12). The evidence of record supports that finding.
As the Commissioner correctly notes, and as noted in the above summary of the medical information of record, Plaintiff's medical records documented, on a consistent basis, that Plaintiff exhibited normal gait, range of motion, and muscle strength, and that she had no muscle atrophy or spasm, and that straight leg raise testing was consistently negative. (Tr. 329-30, 373, 390, 399, 402, 411, 586). While Plaintiff did intermittently complain of back pain, she did not receive regular, ongoing medical treatment for a back disorder during the time period relevant to her application; in fact, she testified that her back "act[ed] up on" her a "couple of times a year." (Tr. 15, 40-42). Plaintiff's lungs were repeatedly noted to be clear, (Tr. 370, 377, 380, 390, 393, 402, 564), and cardiac examination repeatedly revealed a normal heart rate and rhythm, with no murmur, gallop, click or rub; and cardiac catheterization testing was normal, as was EKG, chest x-ray, and cardiac enzyme testing. (Tr. 370, 377, 380, 387, 390, 393, 402, 518, 564). Her diabetes was controlled by diet following her bariatric surgery, (Tr. 381), and her mental health treatment notes showed that she responded well to medication and was repeatedly noted to be doing very well. (Tr. 369-70, 371, 377, 521-27, 546, 557-59). In fact, in November of 2007, Dr. Farooque released Plaintiff to return to work without restriction, (Tr. 525), and agreed to write a letter on her behalf stating that she was psychiatrically stable. (Tr. 312).
To the extent Plaintiff can be understood to challenge the ALJ's consideration of her impairments in combination, the undersigned determines that there was no error. As noted above, the ALJ fully summarized all of plaintiff's medical treatment records and the opinion evidence of record, and discussed each of plaintiff's alleged impairments. The ALJ wrote that he had concluded that plaintiff did not have "an impairment or combination of impairments that [met] or medically [equaled]" a listed impairment. (Tr. 12). Based on the foregoing, the undersigned finds that the ALJ sufficiently considered plaintiff's impairments in combination.
Review of the record reveals no error in the ALJ's conclusion that Plaintiff's impairments, either alone or in combination, failed to meet or medically equal a listed impairment. The undersigned therefore rejects Plaintiff's conclusory assertion to the contrary.
Plaintiff herein states that the ALJ made only "vague reference" to her medical records without indicating the portion thereof he was relying on in determining her residual functional capacity. (Docket No. 18 at 8). Again, Plaintiff's challenge is little more than a conclusory statement that the ALJ erred. Plaintiff does not specify what medical information she feels was referenced vaguely, nor does she identify any medical information that she feels is contrary to the ALJ's findings. Plaintiff's contention is without merit.
Residual functional capacity (also "RFC") is defined as that which a person remains able to do despite her limitations. 20 C.F.R. § 404.1545(a),
A claimant's RFC is a medical question, and there must be some medical evidence, along with other relevant, credible evidence in the record, to support the ALJ's RFC determination.
In determining Plaintiff's RFC, the ALJ in this case thoroughly discussed and analyzed the medical evidence of record, including the results of objective testing, the medical opinion evidence, and the type and effectiveness of the treatment Plaintiff received, and discussed how the evidence related to Plaintiff's testimony concerning her alleged impairments. The ALJ also fully explained the reasoning behind his RFC determination. The ALJ was specific regarding how he was weighing the medical opinion evidence, and the reasons for the weight assigned. It cannot be said that the ALJ made only "vague reference" to Plaintiff's medical evidence, nor can it be said that the ALJ failed to indicate the weight given to the opinion evidence.
The ALJ noted Plaintiff's treatment with Dr. Zyglewska for back pain and carpal tunnel syndrome and the results of MRI reports generated during this period, along with Plaintiff's complaints of long-standing back problems. (Tr. 16). The ALJ noted that, while testing revealed disc bulging, Plaintiff worked for much of that time as a registered nurse at a medium to high exertional level. The ALJ concluded that the fact that Plaintiff worked successfully through many of those complaints did not support her contention that her back pain was debilitating. This finding is supported by the record, inasmuch as there is no medical evidence indicating any significant deterioration in Plaintiff's back condition.
The ALJ also discussed and analyzed the medical evidence as it related to Plaintiff's mild-to-moderate carpal tunnel syndrome, and to her right knee osteoarthritis, which the ALJ noted was reportedly stable and did not interfere with walking. (Tr. 16). The ALJ also noted the medical information concerning Plaintiff's asthma, noting that she had not required emergency room treatment or hospitalization. (
The ALJ also discussed Plaintiff's mental health treatment with Dr. Farooque and her single hospitalization, along with her testimony regarding her mental health. (Tr. 17-18). The ALJ noted Dr. Farooque's opinion that Plaintiff was doing "exceptionally well" and that she was responding to medication.
The ALJ also thoroughly discussed the opinion evidence of record. The ALJ discussed Plaintiff's consultative examination with Dr. Pinga, noting that his examination revealed an essentially normal musculoskeletal examination, negative straight leg raising, normal range of motion and normal gait, and that he concluded that Plaintiff could sit for six of eight hours per day, walk or stand for four of eight hours per day and lift as much as ten pounds occasionally. (Tr. 16-17). The ALJ wrote that he was giving Dr. Pinga's opinion significant weight because it was consistent with the medical evidence of record, but that he had given greater weight to Plaintiff's testimony that her back surgeon limited her to lifting 20 pounds occasionally. (Tr. 17).
The ALJ exhaustively discussed Plaintiff's consultative examinations with Mr. Viers and with Drs. Currey and Wright, and wrote that he was giving these opinions significant weight and was accommodating the limitations indicated in his residual functional capacity, inasmuch as he had specified that Plaintiff could perform simple routine tasks that could be performed independently and that involved no more than superficial interaction with co-workers, supervisors, and the public. (Tr. 18-19). The ALJ also thoroughly discussed Plaintiff's evaluations by Drs. Bell, Misra, and Sulkowski. (Tr. 19). The ALJ wrote that he was giving little weight to the opinion of Drs. Bell and Misra regarding Plaintiff's ability to lift, stating that their opinions overestimated Plaintiff's abilities, and assigned lifting restrictions greater than those indicated. (Tr. 18-19). The ALJ thoroughly discussed Dr. Sulkowski's medical source statement, and fully explained the weight given. (Tr. 19). The ALJ explained that he was giving some weight to Dr. Sulkowski's opinions regarding exertional and postural activity, inasmuch as those opinions were generally within the limits established by the medical evidence of record, but was giving little weight to Dr. Sulkowski's opinion that Plaintiff would need to lie down for half of the day. (
A review of the ALJ's determination of Plaintiff's RFC reveals that he properly exercised his discretion and acted within his statutory authority in evaluating the evidence of record as a whole. The ALJ based his decision on all of the credible, relevant evidence of record and, despite Plaintiff's suggestion to the contrary, properly explained the weight given to the medical evidence. For the foregoing reasons, the undersigned determines that the ALJ's RFC determination is supported by substantial evidence on the record as a whole.
Therefore, for all of the foregoing reasons, on the claims that Plaintiff raises, the undersigned determines that the Commissioner's decision is supported by substantial evidence on the record as a whole. Because there is substantial evidence to support the Commissioner's decision, this Court may not reverse the decision merely because substantial evidence may exist which would have supported a different outcome, or because another court could have decided the case differently.
Accordingly,
Judgment shall be entered accordingly.