DAVID S. CAYER, Magistrate Judge.
The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c) and these Motions are ripe for disposition.
Having considered the written arguments, administrative record, and applicable authority, the Court finds that Defendant's decision to deny Plaintiff Social Security benefits is supported by substantial evidence. Accordingly, the Court will
The procedural history is not in dispute. The Court adopts the procedural history as stated in the parties' briefs.
Plaintiff filed the present action on January 16, 2017. She assigns error to the Administrative Law Judge (ALJ)'s formulation of her mental Residual Functional Capacity ("RFC").
The parties' cross-Motions are ripe for disposition.
The Social Security Act, 42 U.S.C. § 405(g) and § 1383(c)(3), limits this Court's review of a final decision of the Commissioner to: (1) whether substantial evidence supports the Commissioner's decision,
As the Social Security Act provides, "[t]he findings of the [Commissioner] as to any fact, if supported by substantial evidence, shall be conclusive." 42 U.S.C. § 405(g). In
The Fourth Circuit has long emphasized that it is not for a reviewing court to weigh the evidence again, nor to substitute its judgment for that of the Commissioner, assuming the Commissioner's final decision is supported by substantial evidence.
The question before the ALJ was whether Plaintiff became "disabled" at any time as that term is defined for Social Security purposes.
Plaintiff first assigns error to the ALJ's evaluation of Dr. Berg's consultative opinion. The ALJ noted Dr. Berg's opinion that Plaintiff would have marked difficulties understanding, retaining, and following instructions; sustaining attention to perform simple repetitive tasks; relating to others including co-workers and supervisors; and tolerating stress associated with day-to-day work activity due to her chronic severe depression and anxiety. (Tr. 19, 374-378).
Based upon a review of the entire record, the ALJ gave Dr. Berg's opinion little weight (Tr. 27). While Dr. Berg indicated that there were limitations resulting from physical impairments, the record showed that Plaintiff had no severe physical impairments. Dr. Berg based her opinion almost entirely on subjective information from Plaintiff. Dr. Berg's opinion was inconsistent with the other medical evidence, including findings from treating sources. (Tr. 27-28). The ALJ's decision to give little weight to Dr. Berg's opinion is supported by substantial evidence.
Plaintiff next challenges the ALJ's formulation of her RFC. The ALJ is solely responsible for assessing a claimant's RFC. 20 C.F.R. §§ 404.1546(c) & 416.946(c). In making that assessment, the ALJ must consider the functional limitations resulting from the claimant's medically determinable impairments. SSR96-8p at *2. However, it is the claimant's burden to establish her RFC by demonstrating how those impairments impact her functioning.
The Fourth Circuit has held that "remand may be appropriate . . . where an ALJ fails to assess a claimant's capacity to perform relevant functions, despite contradictory evidence in the record, or where other inadequacies in the ALJ's analysis frustrate meaningful review."
The Court finds that substantial evidence supports the ALJ's determination that Plaintiff could perform work at all exertional levels "limited to simple, routine, and repetitive tasks, performed in a work environment free of fast paced production requirements, involving only simple work related decisions, with few, if any, work place changes; and with only occasional interaction with the public and coworkers." (Tr. 20).
The ALJ's RFC determination is supported by Plaintiff's testimony, medical records and treatment history. To the extent that Plaintiff is challenging the ALJ's credibility determination, the Court finds that the ALJ applied the correct legal standard and her credibility determination is supported by substantial evidence.
Although the medical records establish that Plaintiff experienced pain and mental and emotional difficulties to some extent, as the Fourth Circuit has noted, it is the ALJ's responsibility, not the Court's, "to reconcile inconsistencies in the medical evidence."
1. Plaintiff's "Motion For Summary Judgment" (document #14) is
2. The Clerk is directed to send copies of this Memorandum and Order to counsel for the parties.