CHARLES F. EICK, Magistrate Judge.
Plaintiff filed a Complaint on August 25, 2014, seeking review of the Commissioner's denial of benefits. The parties filed a consent to proceed before a United States Magistrate Judge on September 29, 2014.
Plaintiff filed a motion for summary judgment on January 26, 2015. Defendant filed a motion for summary judgment on April 27, 2015. The Court has taken both motions under submission without oral argument.
Plaintiff asserted disability since July 20, 2008, based on a variety of alleged physical and psychiatric impairments (Administrative Record ("A.R.") 70-81, 104-13, 241-42, 263). Following a previous stipulated remand, the Administrative Law Judge ("ALJ") examined the medical record and heard testimony from Plaintiff, a medical expert and a vocational expert (A.R. 4-1065).
The ALJ found Plaintiff has severe "cervical spondylosis, lumbar degenerative disc disease of the lumbar spine; asthma; hypothyroidism Hashimoto;
Under 42 U.S.C. section 405(g), this Court reviews the Administration's decision to determine if: (1) the Administration's findings are supported by substantial evidence; and (2) the Administration used correct legal standards.
After consideration of the record as a whole, Defendant's motion is granted and Plaintiff's motion is denied. The Administration's findings are supported by substantial evidence and are free from material
The medical evidence provides little support for Plaintiff's claim of disability and substantial support for the ALJ's rejection of that claim. Extensive medical testing during the alleged period of disability revealed little or no objective basis for many of Plaintiff's subjective complaints (A.R. 396 (normal CT head scan in September of 2008); 397 (normal x-ray of right hand in September of 2008); 399 (normal chest x-ray in June of 2008); 512-14 (normal EEG in January of 2010); 515-16 (normal EEG in October of 2009); 517-19 (normal EEG in September of 2009); 520-21 (normal EKG in August of 2009); 531 (normal chest x-ray in March of 2010); 535 (normal cervical spine x-ray in November of 2009); 536 (normal MRI of head in September of 2009); 635 (normal colonoscopy in March of 2011); 636-37 (normal endoscopy in March of 2011); 640-41 (normal x-rays of hands, wrists, pelvis and hips in June of 2011); 979 (normal pelvic ultrasound in June of 2013); 1038 (normal CT of head in March of 2010)).
Plaintiff claimed she quit work in 2008 because of,
Plaintiff complains of symptoms allegedly related to autoimmune problems (including Sjogren's syndrome). Plaintiff's treating rheumatologist did not believe that Sjogren's syndrome or any other alleged autoimmune problems disabled Plaintiff from employment (A.R. 352).
Cervical spine and lumbar spine CT scans and MRIs did show some disc desiccation, some mild degenerative changes, some disc protrusion and mild disc bulges (A.R. 532-34, 606, 972-74, 1049). Plaintiff's most recent lumbar spine MRI in July of 2013 actually shows improvement over the previous MRI, however (A.R. 976-77). None of Plaintiff's treating physicians appear to have opined that any of these alleged orthopedic problems would disable Plaintiff from all employment. Dr. Chukwuemeka Ezike, the medical expert, opined Plaintiff retains a residual functional capacity consistent with the capacity the ALJ found to exist (A.R. 87-92). The state agency physicians concurred (A.R. 551-60, 584-93). Where, as here, the opinions of non-examining physicians do not contradict "all other evidence in the record," an ALJ properly may rely on these opinions.
With respect to Plaintiff's alleged psychiatric problems, examining psychiatrist Dr. Linda Smith opined in October of 2009 that Plaintiff had no psychiatric impairment of her ability to work (A.R. 562-69). Dr. Smith also stated that "[i]t appears she is attempting to claim to have `PTSD' but I do not see any evidence of this. It appears she is attempting to claim that she might disassociate at times, but she really cannot describe this either in any credible fashion" (A.R. 568). State agency physicians similarly opined Plaintiff has no significant mental impairment (A.R. 570-83).
Although some of the evidence appears to be in conflict, it is the prerogative of the ALJ to resolve conflicts in the record.
The vocational expert testified that a person with the residual functional capacity the ALJ found to exist could perform jobs existing in significant numbers in the national economy (A.R. 92-98). The vocational expert's testimony furnishes substantial evidence there exist significant numbers of jobs Plaintiff can perform.
An ALJ's assessment of a claimant's credibility is entitled to "great weight."
In discounting Plaintiff's credibility, the ALJ placed principal reliance on perceived inconsistencies between Plaintiff's allegedly incapacitating symptomatology and her daily activities (A.R. 8-9). With regard to her alleged symptomatology, Plaintiff claimed: she must spend "90 percent" of her time in bed in her pajamas; she suffers pain everywhere in her body; she wakes up "with swollen body parts and cannot use them"; she cannot put on her socks and shoes or button her clothes on her own; she drops things regularly and falls down regularly; she has panic attacks; and she exists in a constant state of anxiety (A.R. 75, 78-79, 106, 108-09, 263). Yet, the record reflects a wide range of daily activities inconsistent with the incapacity Plaintiff claims. For example, during all of part of the alleged period of disability, Plaintiff took care of her grandson for four hours each day, swept, dusted, did dishes, cooked for and looked after her 17 year old son, and shopped for groceries two to three hours at a time (A.R. 274-76, 1008). The ALJ properly relied on the inconsistencies between Plaintiff's claims and her demonstrated activities in discounting Plaintiff's credibility.
Accordingly, the ALJ stated sufficient reasons to allow this Court to conclude that the ALJ discounted Plaintiff's credibility on permissible grounds.
The ALJ also properly discounted the credibility of Plaintiff's husband. As the ALJ pointed out, the husband's statements "mirrored the claimant's allegations" (A.R. 9;
For all of the foregoing reasons,
LET JUDGMENT BE ENTERED ACCORDINGLY.