WILLIAM J. MARTÍNEZ, District Judge.
This social security benefits appeal is before the Court under 42 U.S.C. § 405(g). Plaintiff Lori Michelle Cairns ("Plaintiff") challenges the final decision of Defendant, the Commissioner of Social Security ("Commissioner"), denying her application for disability insurance benefits. The denial was affirmed by an administrative law judge, who ruled Plaintiff was not disabled within the meaning of the Social Security Act ("Act"). This appeal followed.
For the reasons set forth below, the ALJ's decision denying Plaintiff's application for Social Security disability benefits is AFFIRMED.
Plaintiff Lori Michelle Cairns ("Plaintiff") was born on March 31, 1972 and was 36 years old on the alleged disability onset date. (Admin. Record ("R.") (ECF No. 13) at 73.) Plaintiff has at least a high school education and past relevant work experience as a bookkeeper, property manager, office manager, and accountant. (R. at 20-21.)
Plaintiff filed an application for a period of disability and disability insurance benefits on February 4, 2010, alleging that she had been disabled since March 1, 2009
On September 13, 2011, the ALJ issued a written decision in accordance with the Commissioner's five-step sequential evaluation process.
On February 8, 2013, the Appeals Council denied Plaintiff's request for review. (R. 1.) Thus, the ALJ's September 13, 2011 decision is the final administrative action for purposes of review.
The Court reviews the Commissioner's decision to determine whether substantial evidence in the record as a whole supports the factual findings and whether the correct legal standards were applied. Wall v. Astrue, 561 F.3d 1048, 1052 (10th Cir. 2009). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Id. "It requires more than a scintilla, but less than a preponderance." Lax v. Astrue, 489 F.3d 1080, 1084 (10th Cir. 2007). Evidence is not substantial if it is overwhelmed by other evidence in the record. Grogan v. Barnhart, 399 F.3d 1257, 1261-62 (10th Cir. 2005). In reviewing the Commissioner's decision, the Court may neither reweigh the evidence nor substitute its judgment for that of the agency. Salazar v. Barnhart, 468 F.3d 615, 621 (10th Cir. 2006). "On the other hand, if the ALJ failed to apply the correct legal test, there is a ground for reversal apart from a lack of substantial evidence." Thompson v. Sullivan, 987 F.2d 1482, 1487 (10th Cir. 1993).
This appeal is straight-forward. Plaintiff filed a five page opening brief, which included only one page of argument, and failed to file a reply brief. (ECF No. 21.) Plaintiff raises only two arguments. First, Plaintiff contends that the ALJ erred by failing to afford appropriate weight to certain medical opinions offered by Dr. Mary Ann Keatley, Plaintiff's treating neurotherapist, and Dr. Mark Berkowitz, the original examiner for the Social Security Administration. (Id. at 3-4.) Plaintiff also alleges that her RFC fails to account for her inactility to stay on task. (Id. at 4-5.) The Court will address each of these alleged errors below.
The opinion of a treating physician is generally "entitled to great weight because it reflects expert judgment based on continuing observation of a patient's condition over a prolonged period of time." Williams v. Chater, 923 F.Supp. 1373, 1379 (D. Kan. 1996). However, an ALJ may disregard that opinion if it is contradicted by other medical evidence, or otherwise inconsistent with substantial evidence in the record. See Marshall v. Astrue, 315 F. App'x 757, 759-60 (10th Cir. 2009); 20 C.F.R. § 404.1527(d)(2). If a treating physician's opinion is not given controlling weight, the ALJ must determine what weight, if any, the opinion deserves, considering the following factors:
Id. at 1301 (internal quotations omitted). The ALJ need not explicitly discuss each individual factor. See Oldham v. Astrue, 509 F.3d 1254, 1258 (10th Cir. 2007). Nevertheless, the ALJ must consider every factor in determining the weight to be assigned to a medical opinion, and "if the ALJ rejects the opinion completely, he must then give specific, legitimate reasons for doing so." Watkins, 350 F.3d at 1301; see 20 C.F.R. § 404.1527(d)(2); Soc. Sec. Ruling (SSR) 96-2p, 1996 WL 374188, at *4.
Plaintiff argues that the ALJ erred by failing to consider certain medical opinions from Dr. Keatley, her treating neurotherapist. (ECF No. 21 at 4.) However, the failure to mention a particular medical opinion does not mean that the ALJ failed to consider that opinion altogether. "The record must demonstrate that the ALJ considered all of the evidence, but an ALJ is not required to discuss every piece of evidence." Clifton v. Chater, 79 F.3d 1007, 1009-10 (10th Cir. 1996).
The record here shows that the ALJ considered Dr. Keatley's opinions, and that he provided his justification for not giving those opinions controlling weight. (R. 18-19.) The ALJ noted that some of the opinions offered by Dr. Keatley were outside of her specialization (which was noted by Dr. Keatley herself). (R. 19.) The ALJ also found that Dr. Keatley's opinion as to the severity of Plaintiff's symptoms was not supported by the objective medical evidence in the record, including medical tests performed by Dr. Keatley. (Id.) There is substantial evidence in the record to support both of these findings, and these are both valid bases for assigning little weight to Dr. Keatley's opinions. See White v. Massanari, 271 F.3d 1256, 1260 (10th Cir. 2001) (ALJ may discount opinions when they are inconsistent with other medical evidence); Watkins v. Barnhart, 350 F.3d at 1301 (ALJ may consider whether a medical opinion falls within the physician's specialization). As such, the Court finds that Plaintiff has failed to show that the ALJ erred in how he weighed Dr. Keatley's medical opinions.
Plaintiff alleges that the ALJ erred by ignoring evidence opinions of Mark Berkowitz, who was the original examiner on Plaintiff's Social Security application. (R. 72-83.) Specifically, Plaintiff points to Dr. Berkowitz's opinion that she has "moderate" difficulties in maintaining social functioning, as well as concentration, persistence and pace at work. (R. 80.)
First, Plaintiff has failed to cite any authority that requires the ALJ to consider Dr. Berkowitz's opinions when determining whether Plaintiff is disabled. Dr. Berkowitz is not a treating physician for Plaintiff, and has never personally evaluated her. His role in these proceedings was to review the medical evidence that Plaintiff provided with her original application, and assist the evaluator in determining whether Plaintiff had shown that she was disabled. The proceeding before the ALJ was an appeal of the denial of benefits based on Dr. Berkowitz's review of the evidence.
Moreover, Plaintiff asks the Court to pick out Dr. Berkowitz's opinions that favor her position, and to ignore the others. For example, Plaintiff ignores Dr. Berkowitz's opinions that she is not significantly limited in her ability to understand, remember, and carry out short and simple instructions, and that she is able to perform activities within a schedule, maintain regular attendance, and be punctual within customary tolerances. (R. 80.) Notably, Dr. Berkowitz's opinions were relied on by the Commissioner to initially deny Plaintiff's application for benefits. Just as an ALJ must consider all medical opinions when determining whether an applicant is disabled, the Court cannot selectively choose only favorable medical opinions when reviewing the Commissioner's decision. See Hardman v. Barnhart, 362 F.3d 676, 681 (10th Cir. 2004). As such, the Court finds that Plaintiff has failed to show that the ALJ erred by not considering Dr. Berkowitz's opinions.
Though Plaintiff does not specifically challenge her RFC, her argument that the ALJ failed to address the mental requirements of the work proposed for her is an implicit challenge to the RFC. (See ECF No. 21 at 5.) With regard to Plaintiff's mental limitations
(R. 15.) Plaintiff contends that this RFC fails to account for the limitations noted by Drs. Keatley and Berkowitz with regard to her ability to maintain employment in light of her difficulties with memory, concentration, and persistence. (ECF No. 21 at 4.)
The Court acknowledges that there are medical opinions that attribute to Plaintiff more severe limitations than the ALJ included in the RFC. (See, e.g., R. 288, 295, 310.) However, there is also substantial evidence in the record that supports the mild and moderate limitations contained in the RFC. For example, Dr. Lemmon's evaluation showed that Plaintiff has above average working memory and average learning skills. (R. 356-57.) Dr. Pelc testified at the hearing consistent with the RFC. (R. 45-47.) Finally, the evidence regarding Plaintiff's daily living activities is consistent with the ALJ's limitations in the RFC.
Plaintiff's arguments on this point essentially ask the Court to reweigh the medical evidence and arrive at a different conclusion than the Commissioner. The Court cannot do this. Hackett v. Barnhart, 395 F.3d 1168, 1173 (10th Cir. 2005) (reviewing court cannot reweigh medical evidence or substitute its judgment for that of the Commissioner); White v. Barnhart, 287 F.3d 903, 905, 908, 909 (10th Cir. 2002) (same). The Court finds that there is substantial evidence to support the RFC formulated by the ALJ. Therefore, Plaintiff has failed to show any error.
For the reasons set forth above, the Commissioner's decision is AFFIRMED. The Clerk shall enter judgment in favor of Defendant.