CAROLYN K. DELANEY, Magistrate Judge.
Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying applications for Disability Income Benefits ("DIB") and Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act ("Act"), respectively. For the reasons discussed below, the court will deny plaintiff's motion for summary judgment and grant the Commissioner's cross-motion for summary judgment.
Plaintiff, born January 21, 1965, applied on May 31, 2011 for DIB and SSI, alleging disability beginning October 1, 2010. Administrative Transcript ("AT") 51-52, 129-136. Plaintiff alleged she was unable to work due to depression and pain in the left foot and ankle. AT 150. In a decision dated May 8, 2013, the ALJ determined that plaintiff was not disabled.
AT 11-17.
Plaintiff argues that the ALJ improperly rejected the opinion of a consultative examining psychologist and that the ALJ should have obtained the testimony of a vocational expert.
The court reviews the Commissioner's decision to determine whether (1) it is based on proper legal standards pursuant to 42 U.S.C. § 405(g), and (2) substantial evidence in the record as a whole supports it.
The record as a whole must be considered,
Plaintiff contends that the ALJ improperly rejected the opinion of consultative examining psychologist Sid Cormier, Ph.D. The weight given to medical opinions depends in part on whether they are proffered by treating, examining, or non-examining professionals.
To evaluate whether an ALJ properly rejected a medical opinion, in addition to considering its source, the court considers whether (1) contradictory opinions are in the record, and (2) clinical findings support the opinions. An ALJ may reject an uncontradicted opinion of a treating or examining medical professional only for "clear and convincing" reasons.
Dr. Cormier performed a comprehensive mental evaluation on November 18, 2011. AT 244-248. He assessed plaintiff as moderately to seriously impaired in the ability to perform complex and detailed tasks as well as simple and repetitive tasks; moderately impaired to seriously impaired in the ability to maintain regular attendance and perform work activities on a consistent basis; and moderately impaired to seriously impaired in the ability to complete a normal workday without interruptions resulting from plaintiff's untreated depression and anxiety disorders. At 247. Dr. Cormier also found that plaintiff had moderate impairments in other work related functions such as the ability to interact with coworkers and the general public and the ability to deal with typical stresses and mild to moderate impairment regarding both pace and persistence.
The ALJ found Dr. Cormier's opinion unpersuasive and instead relied on the opinions of the state agency psychologists, who assessed plaintiff as not significantly limited in most functional areas and only moderately limited in the ability to understand, remember, and carry out detailed instructions, the ability to maintain attention and concentration for extended periods, the ability to complete a normal workday and workweek without interruptions and the ability to respond appropriately in a work setting. AT 14, 61-66, 75, 264-266, 281. In rejecting Dr. Cormier's opinion, the ALJ noted that the opinion was based on only one examination and was inconsistent with the record as a whole. In reviewing the record, the ALJ noted that plaintiff reported that medications were effective in controlling her symptoms. AT16, 324, 329, 332. The ALJ, in considering the record as a whole, also observed that plaintiff's activities of daily living were inconsistent with the extreme limitations assessed by Dr. Cormier. Specifically, the ALJ noted that plaintiff self-reported that she could perform personal care tasks, did not require reminders to take medication, could prepare meals, could clean her home, do laundry, care for her cats, shop for necessities and manage personal finances. AT 13, 176-180, 246. The ALJ also noted that plaintiff played cards and board games on a daily basis and visited with others once a week. AT 13, 181-182. The factors considered and articulated by the ALJ were also consistent with the bases upon which the state agency psychologists assessed only mild to moderate limitations. AT 66, 281. The ALJ's decision set forth specific and legitimate reasons, supported by substantial evidence, for discounting Dr. Cormier's opinion. There is no basis for reversal in the ALJ's treatment of the record medical opinions.
Plaintiff further contends that the ALJ should have obtained the testimony of a vocational expert to determine whether there were jobs in the economy that plaintiff could perform in light of her functional limitations. The ALJ did not utilize the grids in determining plaintiff is not disabled. Rather, the sequential analysis ended at step four because the ALJ found plaintiff could perform her past relevant work. In doing so, the ALJ properly relied on plaintiff's own description of her job duties. AT 16, 166;
For the reasons stated herein, IT IS HEREBY ORDERED that:
1. Plaintiff's motion for summary judgment (ECF No. 14) is denied;
2. The Commissioner's cross-motion for summary judgment (ECF No. 15) is granted; and 3. Judgment is entered for the Commissioner.
The claimant bears the burden of proof in the first four steps of the sequential evaluation process.