ERIN L. SETSER, Magistrate Judge.
Plaintiff, Sandra Lee Hufford, 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 claim 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 filed her current application for DIB on September 6, 2012, alleging an inability to work since August 1, 2011, due to chronic neck pain C4,5,6 fused 2004, sciatic nerve, back, back spasms and pain, and macular degeneration. (Doc. 10, pp. 79, 169, 173). Plaintiff's date last insured is December 31, 2012. (Doc. 10, p. 169). Accordingly, the relevant time period for this DIB claim is from August 1, 2011, through December 31, 2013. An administrative hearing was held on September 19, 2013, at which Plaintiff appeared with counsel, and she and her husband testified. (Doc. 10, pp. 27-78).
By written decision dated February 7, 2014, the ALJ found that during the relevant time period, Plaintiff had an impairment or combination of impairments that were severe —degenerative disc disease of the cervical and lumbar spine. (Doc. 10, p. 14). 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. (Doc. 10, p. 16). The ALJ found Plaintiff retained the residual functional capacity (RFC) to:
(Doc. 10, p. 17). With the help of the vocational expert (VE), the ALJ determined that during the relevant time period, Plaintiff would be able to perform her past relevant work as a wire harness assembler and small products assembler. (Doc. 10, 22).
Plaintiff then requested a review of the hearing decision by the Appeals Council, which denied that request on April 24, 2015. (Doc. 10, pp. 5-7). 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. 9, 10).
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 argues that the ALJ erred in his RFC determination because he has no support from any treating or examining physician and is undermined by the opinions of Dr. Shannon Brownfield, and further fails to provide restrictions relative to Plaintiff's exposure to heights and the affects temperature, humidity, dust and fumes have on her. (Doc. 9).
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.
The Court finds there is substantial evidence to support the ALJ's credibility analysis.
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.
On October 16, 2012, Dr. Shannon H. Brownfield conducted a General Physical Examination. (Doc. 10, p. 263). Dr. Brownfield found that Plaintiff's range of motion in all extremities was normal, that she could perform all limb functions, and had normal grip in both hands. (Doc. 10, pp. 265-267). Dr. Brownfield diagnosed Plaintiff with cervicalgia s/p fusions and lower back pain with radiculopathy, and concluded that Plaintiff had moderate to severe limitations in her neck and moderate to severe limitations in a prolonged position, stooping, bending, and lifting. (Doc. 10, p. 267).
On October 25, 2012, non-examining consultant, Dr. Alice M. Davidson, who had Dr. Brownfield's assessment before her, completed a Physical RFC Assessment, wherein she found that Plaintiff would be able to perform light work with certain postural restrictions and no overhead work. (Doc. 10, pp. 84-86). Another non-examining consultant, Dr. Steven Strode, completed a Physical RFC Assessment on December 17, 2012, wherein he also concluded that Plaintiff could perform light work with certain postural restrictions and no overhead work. (Doc. 10, p. 97).
There are additional medical records dated prior to the relevant time period and subsequent to the relevant time period, and the ALJ as well as the Court have considered all of these records.
The ALJ gave great weight to the opinions of Dr. Brownfield, Dr. Davidson, and Dr. Strode (Doc. 10, pp. 16-17), and also noted that no examining physician, other than Dr. Brownfield, placed any limitations on Plaintiff. (Doc.10, p. 19). The ALJ did not discredit or reject the opinion of any physician, and neither the medical records as a whole, nor during the relevant time period, establish the existence of greater functional limitations than those contained in the ALJ's RFC.
With respect to environmental limitations, as noted by Defendant, even if there were evidence that Plaintiff had such limitations, the issue would be moot, as neither of the two occupations the ALJ found Plaintiff could return to require exposure to such environmental conditions, as generally performed in the national economy.
Finally, while Plaintiff says she could not afford medication or additional healthcare, there has been no evidence presented that Plaintiff was ever declined treatment or medication for financial reasons.
Although the Court believes there is substantial evidence to support the ALJ's decision relating to the above issues, and although Plaintiff failed to raise the following issue in his brief, the Court nevertheless finds that this matter should be remanded to the ALJ, because the Court believes there is an apparent conflict between the Dictionary of Occupational Titles (DOT) and the vocational expert testimony. In his RFC, the ALJ limited Plaintiff to occasional overhead reaching. (Doc. 10, p. 17). The ALJ found Plaintiff could return to two of her past relevant positions, both of which require constant reaching. DOT §§ 728.684-101, 739.687-030. Consequently, there is a conflict between the DOT and the vocational expert's testimony.
When an apparent conflict between the DOT and vocational expert testimony exists, an ALJ has an affirmative responsibility to address the conflict.
Accordingly, the Court concludes that the ALJ's decision is not supported by substantial evidence, and therefore, reverses and remands this matter to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. §405(g).
IT IS SO ORDERED.