TIMOTHY D. DeGIUSTI, District Judge.
This matter is before the Court for review of the Report and Recommendation issued by United States Magistrate Judge Charles B. Goodwin pursuant to 28 U.S.C. § 636(b)(1)(B). Judge Goodwin recommends the affirmance of a decision of the Social Security Administration denying Plaintiff's application for disability insurance and supplemental security income benefits. Plaintiff has filed a timely written objection, to which Defendant has responded. The Court must make a de novo determination of any portion of the magistrate judge's report to which a specific objection is made, and may accept, modify, or reject the recommended decision in whole or in part. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
In this appeal under 42 U.S.C. § 405(g), Plaintiff challenges the decision of an administrative law judge (ALJ) finding no severe impairment or combination of impairments at step two of the five-step sequential analysis for disability claims. Specifically, the ALJ found Plaintiff had a medically determinable impairment of degenerative disc disease, but the impairment had not significantly limited (and was not expected to significantly limit) Plaintiff's ability to perform basic work-related activities for 12 consecutive months. (R. 15.) In reaching the latter conclusion, the ALJ found that Plaintiff's subjective complaints could reasonably be expected to result from her medically determinable impairment, but Plaintiff's testimony regarding the extent of her limitations was not fully credible and was not consistent with the medical evidence and opinions. (R. 15-16.)
Plaintiff bases her appeal on two contentions argued in her appellate brief:
In the Objection, Plaintiff first challenges Judge Goodwin's conclusion that the ALJ's finding of no severe impairment is supported by substantial evidence. She argues "the record clearly documents functional limitations," and cites as examples reports of examinations by Michael Martin, M.D. and Deanna Meyer, APRN-CNP. See Pl.'s Obj. [Doc. No. 18], pp.2-3.
Upon independent review of the record and de novo consideration of the issues raised, the Court fully concurs in Judge Goodwin's findings and conclusions. At step two, a claimant must make a threshold showing of an impairment that significantly limits his or her ability to do basic work activities. See 20 C.F.R. §§ 404.1520(c), 416.920(c); see also Williamson v. Barnhart, 350 F.3d 1097, 1100 (10th Cir. 2003). While the court of appeals has described the requisite showing as "de minimis," the court has explained that "the claimant must show more than the mere presence of a condition or ailment." Hinkle v. Apfel, 132 F.3d 1349, 1352 (10th Cir. 1997); see Williamson, 350 F.3d at 1100. "In determining whether a sever impairment exists, the Commissioner considers the `effect' of the impairment." Williamson, 350 F.3d at 1100. The claimant must show a determinable impairment of sufficient severity to have "more than a minimal effect on his ability to do basic work activities." Williams v. Bowen, 844 F.2d 748, 751 (10th Cir. 1988); see 20 C.F.R. §§ 404.1521(a), 416.921(a). Basic work activities are "the abilities and aptitudes necessary to do most jobs," including, as pertinent here, "[p]hysical functions such as walking, standing, sitting, lifting, pushing, pulling, reaching, carrying, or handling." See 20 C.F.R. §§ 404.1521(b)(1), 416.921(b)(1).
Plaintiff points to medical records showing that a nurse practitioner and a physician examined and diagnosed her back condition. The nurse practitioner diagnosed Plaintiff with back pain, prescribed pain medication, and made a referral to Dr. Martin. Dr. Martin diagnosed Plaintiff with degenerative disc disease and ordered physical therapy. Aside from noting Plaintiff's complaint of pain, neither provided any opinion or insight into Plaintiff's physical limitations.
Regarding a consultative examination, Plaintiff agrees that Judge Goodwin correctly states the circumstances where an examination may be needed, including "where there is a direct conflict in the medical evidence" or "where the medical evidence in the record is inconclusive." See Hawkins v. Chater, 113 F.3d 1162, 1166 (10th Cir. 1997). She expresses general disagreement with Judge Goodwin's conclusion that no such circumstance was present in her case. However, Plaintiff points to no particular inconsistency or insufficiency in the evidence of record that prohibited a determination of her claim. See Pl.'s Obj. [Doc. No. 18], p.4. Upon consideration, the Court finds that Plaintiff has failed to demonstrate the ALJ was required to order a consultative examination and his failure to do so constituted reversible error.
For these reasons, and the reasons ably explained by Judge Goodwin, the Court finds the ALJ's decision is supported by substantial evidence and consistent with applicable legal standards.
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 17] is ADOPTED. The Commissioner's decision is AFFIRMED. Judgment shall be entered accordingly.
IT IS SO ORDERED.