SUZANNE H. SEGAL, Magistrate Judge.
Plaintiff Sheryl D. Maldonado ("Plaintiff") seeks review of the final decision of the Commissioner of the Social Security Administration (the "Commissioner" or the "Agency") denying her application for Disability Insurance Benefits and Supplemental Security Income. The parties consented, pursuant to 28 U.S.C. § 636(c), to the jurisdiction of the undersigned United States Magistrate Judge. For the reasons stated below, the decision of the Commissioner is AFFIRMED.
Plaintiff filed applications for Title II Disability Insurance Benefits ("DIB") and Title XVI Supplemental Security Income ("SSI") on April 23, 2010. (Administrative Record ("AR") 137, 139). In both applications, Plaintiff alleged a disability onset date of December 31, 2004. (
Plaintiff requested review of the ALJ's decision, which the Appeals Council denied on May 6, 2013. (AR 1-4). Plaintiff filed this action on June 21, 2013.
Plaintiff was born on June 29, 1956. (AR 20). Plaintiff was forty-eight years old at the time of her alleged disability onset date. (
Plaintiff received treatment from a psychiatrist at the Department of Mental Health ("Riverside") in Riverside, California, beginning June 15, 2004.
Plaintiff did not show for her next appointment on June 22, 2004. (AR 308). Between June 22, 2004 and October 14, 2008, Plaintiff missed approximately eleven appointments. (AR 273, 277, 283, 298, 300-301, 303-304, 308). Plaintiff failed to show for appointments on June 22, 2004; October 19, 2004; April 29, 2005; June 16, 2005; October 24, 2005; February 11, 2008; July 23, 2008 and October 14, 2008. (AR 273, 277, 283, 298, 300-301, 303, 308). Additionally, Plaintiff cancelled appointments on October 5, 2004; October 20, 2004 and January 7, 2005. (AR 303-304).
On September 21, 2004, Plaintiff complained about her medication, Zoloft, but reported no side effects.
On September 22, 2004, Plaintiff received individual therapy. (AR 304-05). During that session, Plaintiff explained that she started having panic attacks "about three years ago," which affected her job as a cashier. (
Plaintiff missed her next four appointments, delaying her next meeting until February 17, 2005. (AR 302-304). Despite reporting "anxiety and feeling on verge of panic," Plaintiff's depression was "not bad" and she ate and slept well. (AR 302). On March 31, 2005, Plaintiff felt "pretty good." (AR 301). Plaintiff had "occasional" anger outbursts and panic attacks approximately once a week. (
On July 29, 2005, the doctor noted that Plaintiff had not visited for four months. (AR 300). Plaintiff experienced increased anxiety after running out of medication "about three weeks ago," but felt no further panic attacks and remained sober. (
On March 13, 2006, after a six month break in treatment, Plaintiff reported feeling anxious and depressed after her brother's death due to an accidental drug overdose. (AR 298). On June 5, 2006, however, Plaintiff stated "`I'm actually doing well'" and voiced "no complaints." (AR 297). Plaintiff ate and slept well, and kept active doing yard work and taking walks. (
Plaintiff continued to report improvement between June 5, 2006 and March 5, 2008. (AR 282, 288, 291, 293, 296-297). Specifically, on September 8, 2006, Plaintiff stated she felt "a lot better. . .more energetic and motivated." (AR 296). Plaintiff did not look for a job, however, and supported herself on $500.00 monthly alimony. (
Plaintiff further "voiced no complaints" and reported doing well, keeping active and eating and sleeping well on February 22, 2007, May 22, 2007 and August 27, 2007. (AR 291, 293-294). Plaintiff "was upset [ . . . ] ex husband trying to cut off alimony and court wants her to work." (AR 294). On November 19, 2007, Plaintiff felt stressed because her landlord refused to renew her lease, but otherwise she was "doing pretty good" and still looking for a job. (AR 288). On March 5, 2008, Plaintiff was "doing well," and still living in her house since her landlord extended her lease. (AR 282).
On May 28, 2008, Plaintiff stated that she started feeling "self-conscious, anxious and sad for no clear reason." (AR 280). Plaintiff failed to show for her next appointment on July 23, 2008, however, and on August 18, 2008 stated, "I am feeling much better." (AR 275, 277). On August 20, 2008, Plaintiff complained of severe anxiety attacks, but reported no such episodes two days earlier. (AR 274).
Plaintiff did not attend her next appointment on October 14, 2008. (AR 273). On October 21, 2008, she "re-started experiencing panic attacks after about [four years] of panic free period." (AR 272).
Between November 18, 2008 and May 17, 2010 Plaintiff continued to improve. (AR 256, 269, 270). Specifically, on November 18, 2008 Plaintiff felt "better, much less anxious, and [had zero] panic attacks." (AR 270). On January 13, 2009, Plaintiff stated, "`everything is good,' no further panic [and occasional] anxiety." (AR 269). On March 17, 2009, Plaintiff had just returned from a trip to Texas and reported "doing ok." (AR 266). Plaintiff similarly stated she was "doing well" and exhibited a neutral mood, normal thought process and no side effects from medication on April 30, 2009, February 22, 2010 and May 17, 2010. (AR 256-258).
On March 10, 2011, Plaintiff's "depression [was] ok but fatigue and low motivation persist[ed]." (AR 366). On March 28, 2011, Plaintiff asked a nurse for additional medications because she "got hysterical" after receiving a three-day notice to move out of her house. (AR 365). Plaintiff reported that she took extra Xanax "when [she] needed to" but could not remember how many extra. (
A Narrative Report dated May 12, 2011 indicated that Plaintiff visited Riverside County Mental Health from June 15, 2004 to March 10, 2011. (AR 384). According to the Narrative Report, Plaintiff suffered from recurrent major depression, panic disorder and agoraphobia. (
On August 3, 2010, Dr. S. Khan completed a Physical Residual Functional Capacity Assessment of Plaintiff ("RFC") based on a review of Plaintiff's medical records. (AR 347-59). Dr. Khan indicated that Plaintiff had mild restrictions for activities of daily living and mild difficulties in maintaining concentration, persistence or pace. (AR 355). Dr. Khan also found that Plaintiff had no difficulties maintaining social functioning and no repeated episodes of decompensation. (
On October 11, 2011, medical expert Dr. Craig Rath testified at Plaintiff's hearing. (AR 45, 49). Dr. Rath stated that Plaintiff suffered from a mood disorder not otherwise specified and an anxiety disorder not otherwise specified. (AR 50). Dr. Rath considered Plaintiff for a panic disorder but she did not meet the frequency criteria for a 12.063.
Vocational Expert ("VE") Ronald Hatakeyama testified about the existence of jobs in the national economy that Plaintiff could perform given her physical limitations. (AR 45, 63-65). According to the VE, a hypothetical individual of Plaintiff's vocational profile and RFC would not be able to perform Plaintiff's past work as a cashier or sandwich maker because she would have to deal with the public constantly. (AR 64). Plaintiff could perform other jobs existing in the national economy, however, such as an addresser in a mailroom or a linen room attendant. (AR 64-65). These jobs existed in significant numbers in the national and local economy.
On July 11, 2010, Plaintiff's daughter, Aubree Maldonado ("Aubree"), completed a Third Party Function Report ("TPF Report") regarding how Plaintiff's alleged disability limited her activities. (AR 186). According to Aubree, Plaintiff's daily activities included watching TV, gardening, playing with her dog and cleaning. (
On July 10, 2010, Plaintiff completed a Function Report. (AR 198, 205). Plaintiff stated that her typical daily activities included drinking coffee, showering, eating, watching TV, feeding her dog, doing some housework, laying down, watering flowers and sometimes working in the yard. (AR 198). Plaintiff could no longer work, shop, socialize or cook complete meals because of her illness. (AR 199-200). Plaintiff could, however, prepare "sandwiches, frozen dinners [and] sometimes scrambled eggs." (AR 200). Plaintiff also regularly washed the dishes, did laundry, swept, watered flowers and pulled weeds. (
Plaintiff claimed that she was unable to drive and could not leave her home alone because she was scared of having a panic attack. (AR 201). She did not shop at all, but sometimes went to the store with her sister or to the lake with her mom. (AR 201-202). Plaintiff "[had] a hard time talking to people." (AR 203). She "[felt] stupid and [she felt] like no one [was] interested in what [she had] to say." (
Plaintiff testified that "[she] got sick the first time when [she] was married." (AR 56). After leaving her husband, she started feeling better and "thought [she] was cured." (AR 56-57). She started having panic attacks again after working for six years. (
According to Plaintiff, "on good days" she showers, eats and sometimes works in the yard. (AR 55). She "rarely [goes] anywhere." (
To qualify for disability benefits, a claimant must demonstrate a medically determinable physical or mental impairment that prevents her from engaging in substantial gainful activity and that is expected to result in death or to last for a continuous period of at least twelve months.
To decide if a claimant is entitled to benefits, an ALJ conducts a five-step inquiry. 20 C.F.R. §§ 404.1520, 416.920. The steps are:
The claimant has the burden of proof at steps one through four, and the Commissioner has the burden of proof at step five.
The ALJ employed the five-step sequential evaluation process and concluded that Plaintiff was not disabled within the meaning of the Social Security Act. (AR 22). At step one, the ALJ found that Plaintiff had not engaged in substantial gainful activity because her alleged disability onset date of December 31, 2004. (AR 14). At step two, the ALJ found that Plaintiff had the severe impairments of mood disorder and anxiety disorder that "cause significant limitation in [Plaintiff's] ability to perform basic work activities." (AR 14-15). The ALJ found, however, that all other alleged impairments were not severe under Social Security Administration regulations. (AR 15).
At step three, the ALJ found that Plaintiff did not have an impairment or combination of impairments that met or medically equaled one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. (AR 15). The ALJ stated that Plaintiff had moderate difficulties in activities of daily living and social functioning, and with regard to concentration, persistence or pace, which do not satisfy the "`paragraph B'" criteria. (AR 15-16).
Next, the ALJ found that Plaintiff had the residual functional capacity to perform work at all exertional levels, but with nonexertional limitations including: no more than a moderately stressful environment; no high production quotas or intrusive supervision; no team type of work; should not be in charge of the safety of others; and should not be around heights or dangerous machinery. (AR 16-17).
The ALJ found that "[Plaintiff's] statements concerning the intensity, persistence and limiting effects of these symptoms [were] not credible to the extent they [were] inconsistent with the above [RFC] assessment." (AR 19). The ALJ stated that Plaintiff's treatment "[had] been essentially routine and conservative in nature;" Plaintiff had not been hospitalized, did not receive regular, individual or group therapy, and her medications remained stable. (AR 18). Furthermore, despite evidence of continued treatment, Plaintiff's treatment had actually been "successful in controlling the symptoms" overall. (
The ALJ gave little weight to the TPF Report and the Riverside psychiatrist's opinions. (AR 20). The ALJ found inconsistencies between the Riverside psychiatrist's opinions and treatment notes throughout Plaintiff's treatment period.
The ALJ noted that Plaintiff's "self-reported activities of daily living [were] inconsistent with her allegations of disability." (AR 18). Furthermore, the ALJ questioned whether Plaintiff's "continuing unemployment [was] actually due to medical impairments" because Plaintiff worked "only sporadically" prior to the alleged disability onset date. (
At step four, the ALJ determined that Plaintiff could not perform her past relevant work as a sandwich maker and cashier. (AR 20). At step five, the ALJ considered Plaintiff's age, education, work experience, and RFC. (AR 20-21). Because Plaintiff's past relevant work was unskilled, the transferability of job skills was "not an issue." (
Based on the VE's testimony, the ALJ found that, considering Plaintiff's age, education, work experience and RFC, there were jobs existing in significant numbers in the national economy that Plaintiff could perform. (AR 21). The ALJ concluded that Plaintiff could perform work at all exertional levels but with some nonexertional limitations. (
Under 42 U.S.C. § 405(g), a district court may review the Commissioner's decision to deny benefits. The court may set aside the Commissioner's decision when the ALJ's findings are based on legal error or are not supported by substantial evidence in the record as a whole.
"Substantial evidence is more than a scintilla, but less than a preponderance."
Plaintiff contends that the ALJ erred by improperly finding Plaintiff's testimony less than credible. (Memorandum in Support of Plaintiff's Complaint ("MSPC") at 2-7). The Court disagrees. For the reasons discussed below, the ALJ's decision is AFFIRMED.
When assessing a claimant's credibility, the ALJ must engage in a two-step analysis.
In assessing the claimant's testimony, the ALJ may consider many factors, including:
Here, the ALJ provided sufficient reasons for rejecting Plaintiff's testimony. The ALJ stated four specific explanations for finding Plaintiff's subjective testimony less than fully credible: (1) Plaintiff's testimony contradicted the medical evidence; (2) Plaintiff's symptoms improved through medication; (3) Plaintiff's daily activities demonstrated an ability to work; and (4) Plaintiff had possible alternative reasons for not working.
First, the ALJ considered the fact that Plaintiff's "treatment [had] been essentially routine and conservative in nature." (AR 18). The ALJ noted that, although Plaintiff had mental impairments that caused difficulty, "[she] ha[d] not been hospitalized, ha[d] not engaged in regular individual or group therapy, and her medications ha[d] been fairly stable." (
Furthermore, the ALJ found that the medical evidence does not support Plaintiff's subjective testimony. (AR 18-19). For example, Plaintiff claimed that she suffered disabling panic attacks, but the medical records routinely show that while she may have experienced panic attacks, she would often report that she "[was] doing well." (AR 18). Further, Plaintiff reported that Xanax "effectively controll[ed] her panic attacks." (
In assessing credibility, the ALJ may examine testimony from physicians and third parties concerning the nature, severity and effect of the symptoms of which Plaintiff complains.
Second, the ALJ stated that Plaintiff's treatment had been "generally successful" in controlling the disabling symptoms. (AR 18). Plaintiff's medical records "reflect that she routinely report[ed] that she [was] `doing well.'" (AR 18). Specifically, Plaintiff "felt better" on October 5, 2004 (AR 304); felt "pretty good" on March 31, 2005 (AR 301); felt "no panic" on September 12, 2005 (AR 299); was "doing well [. . .] and voic[ed] no complaints" on June 5, 2006 and August 27, 2007 (AR 291, 297); felt "a lot better" with more energy and motivation on September 8, 2006 (AR 296); felt "much better" on August 18, 2008 (AR 275); felt "better, much less anxious, and [zero] panic attacks" on November 18, 2008 (AR 270) and was "doing well" November 30, 2009, February 22, 2010 and May 17, 2010 (AR 256-258).
The ALJ also noted that "the side effects from her medications are either nonexistent or mild." (AR 18). From September 2004 through May 2010, Plaintiff regularly reported no side effects from her medication. (AR 256-259, 266, 269, 270, 272, 275, 280, 282, 288, 291, 293-297, 299, 301, 305). As a result, the successful treatment of Plaintiff's condition through medication undermined the assertion that her disability would not allow her to work.
Third, in rejecting Plaintiff's subjective pain testimony, the ALJ noted that Plaintiff's "self-reported activities of daily living are inconsistent with her allegations of disability." (AR 18). Plaintiff's Riverside medical records indicate that she reported "keep[ing] active, do[ing] yard work, read[ing, and] go[ing] to[sic] walks" on June 5, 2006 (AR 297); dieting, keeping active, and losing weight on September 8, 2006 and November 30, 2006 (AR 295-296); going for long walks and "looking for jobs" on August 27, 2007 (AR 291); keeping active on March 5, 2008 (AR 282); travelling to Texas on March 17, 2009 (AR 266) and taking care of her mother, who potentially had Alzheimer's, on February 22, 2010 (AR 257). Plaintiff also reported on her July 10, 2010 Function Report that she did housework and yard work, took care of her dog, prepared meals and sometimes went to the store with her sister. (AR 198-202). Further, at the hearing before the ALJ on October 11, 2011, Plaintiff testified that she did yard work, occasionally went to the market with her sister and walked dogs when her mother visited. (AR 55-56, 58).
The ALJ appropriately considered Plaintiff's daily activities when making his credibility determination.
Finally, the ALJ noted that Plaintiff's continued unemployment could be due to reasons unrelated to her medical impairments. (AR 18-19). On June 29, 2005, Plaintiff reported that she supported herself on alimony. (AR 300). On September 8, 2006, Plaintiff reported that she was not looking for a job and continued to support herself on alimony. (AR 296). On November 30, 2006, Plaintiff considered working but asserted that she lacked transportation. (AR 295). On May 22, 2007, Plaintiff was looking for a job "per court request," however, she still received alimony. (AR 293). Furthermore, Plaintiff reported that she continued looking for jobs on August 27, 2007 and November 19, 2007. (AR 288, 291). Thus, considering evidence that Plaintiff looked for work and claimed other reasons for not working, the ALJ properly concluded that Plaintiff's unemployment may be unrelated to her medical conditions.
In sum, the ALJ offered clear and convincing reasons supported by substantial evidence for finding Plaintiff's subjective testimony less than fully credible.
Consistent with the foregoing, IT IS ORDERED that Judgment be entered AFFIRMING the decision of the Commissioner. The Clerk of the Court shall serve copies of this Order and the Judgment on counsel for both parties.