KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff Christina Vanderford seeks judicial review of a final decision by the Commissioner of Social Security ("Commissioner") denying plaintiff's application for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act ("Act").
After carefully considering the record and the parties' briefing, the court DENIES plaintiff's motion for summary judgment, GRANTS the Commissioner's cross-motion for summary judgment, and AFFIRMS the Commissioner's final decision.
Plaintiff was born on December 31, 1972; has a twelfth grade education with some special education classes, as well as training as a medical assistant; can communicate in English; and previously worked as an in-home caregiver. (Administrative Transcript ("AT") 29, 31-33, 45.)
On appeal, plaintiff raises the following issues: (1) whether the ALJ improperly discounted the opinion of plaintiff's treating physician; and (2) whether the ALJ failed to appropriately develop the record.
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 ALJ evaluated plaintiff's entitlement to DIB pursuant to the Commissioner's standard five-step analytical framework.
Whether the ALJ improperly discounted the opinion of plaintiff's treating physician
Plaintiff contends that, in finding no severe impairment or combination of impairments at step two, the ALJ improperly discounted the opinion of plaintiff's treating physician, Dr. Syeda Munir.
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.
In this case, plaintiff's treating psychiatrist, Dr. Syeda Munir, issued a 2-page, check-the-box form, opining, inter alia, that plaintiff had a fair ability to understand and remember very short and simple instructions, adapt to changes in the workplace, and use public transportation to travel to unfamiliar places, but had a poor ability to understand and remember detailed or complex instructions, carry out instructions, attend and concentrate, work without supervision, interact with the public, interact with coworkers, interact with supervisors, and be aware of normal hazards and react appropriately. (AT 328-29.) Under Ninth Circuit precedent, because Dr. Munir's opinion was contradicted by other medical opinions in the record, the ALJ was required to provide specific and legitimate reasons to discount Dr. Munir's opinion. As discussed below, the ALJ adequately discharged his obligation in that regard.
As an initial matter, Dr. Munir's opinion is brief, conclusory, and unsupported by any detailed clinical findings.
Furthermore, the ALJ reasonably relied on the opinion of the consultative psychologist, Dr. Lenore Tate, who reviewed plaintiff's records, performed a comprehensive examination during the relevant period on September 22, 2012, and prepared a detailed report of her findings. (AT 14, 261-66.) Dr. Tate diagnosed plaintiff with depressive disorder not otherwise specified, methamphetamine abuse in sustained full remission, and nicotine abuse. (AT 265.) She opined that plaintiff had no restrictions in her ability to understand, remember, and carry out simple one-or two-step job instructions, and only mild restrictions in her ability to do detailed and complex instructions, relate and interact with coworkers and the public, maintain concentration/attention/persistence/pace, associate with day-to-day work activities such as attendance and safety, maintain regular attendance in the workplace and perform work activities on a consistent basis, and perform work activities without special or additional supervision. (AT 266.) Because Dr. Tate personally examined plaintiff and made independent clinical findings, her opinion constitutes substantial evidence on which the ALJ was entitled to rely.
Additionally, the ALJ appropriately relied on the opinions of the state agency psychologists, who reviewed plaintiff's records and opined that plaintiff's mental impairments were non-severe. (AT 14, 53, 61.) Those opinions are consistent with the findings and opinion of the consultative examining psychologist Dr. Tate.
Finally, the ALJ also rationally observed that plaintiff's activities were inconsistent with Dr. Munir's severe opinion:
(AT 14.)
In sum, the court finds that the ALJ's evaluation of Dr. Munir's opinion is supported by the record and by the proper analysis.
Plaintiff also argues that the ALJ should have further developed the record by sending medical records generated after the opinions of Dr. Tate and the state agency physicians to Dr. Tate and the state agency physicians for supplemental opinions. That argument lacks merit. This is not a case where a serious new impairment manifested, or plaintiff's condition significantly worsened, after the experts formulated their opinions. In virtually every social security case, additional medical records are generated after a consultative examiner evaluates the claimant, or state agency physicians review the file. The court declines to impose a novel, onerous, and costly rule requiring supplemental review and opinions as a general matter. It is the ALJ's function to review the entire record and render a decision. In this case, the ALJ considered the entire record, including the additional treatment records, but ultimately assessed a RFC that was adequately supported by substantial evidence. No further record development was necessary.
For the foregoing reasons, the court concludes that the ALJ's decision is free from prejudicial error and supported by substantial evidence in the record as a whole. Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's motion for summary judgment (ECF No. 15) is DENIED.
2. The Commissioner's cross-motion for summary judgment (ECF No. 16) is GRANTED.
3. The final decision of the Commissioner is AFFIRMED, and judgment is entered for the Commissioner.
4. The Clerk of Court shall close this case.
The claimant bears the burden of proof in the first four steps of the sequential evaluation process.