NINA Y. WANG, Magistrate Judge.
This civil action arises under Title II of the Social Security Act ("Act"), 42 U.S.C. §§ 401-33 for review of the Commissioner of Social Security Administration's ("Commissioner" or "Defendant") final decision denying Plaintiff Loretta Castille's ("Plaintiff" or "Ms. Castille") application for Disability Insurance Benefits ("DIB") and Supplemental Social Security Income Benefits ("SSI"). Pursuant to the Parties' consent [#13], this civil action was referred to this Magistrate Judge for a decision on the merits. See [#19]; 28 U.S.C. § 636(c); Fed. R. Civ. P. 73; D.C.COLO.LCivR 72.2. Upon review of the Parties' briefing, the entire case file, the Administrative Record, and the applicable case law, this court respectfully
Plaintiff Loretta Castille first filed applications for SSI and DIB benefits in May 2012, claiming an alleged disability onset of August 30, 2010. [#11-3 at 95].
At the hearing, the ALJ had before her records regarding Plaintiff's medical history of these conditions—primarily the diabetic mellitus. Specifically, Plaintiff offered two main sources of information, the records and treatment notes of Drs. Costache and Abraham. Dr. Costache has been treating Plaintiff for years and examined Plaintiff on October 5, 2015, the amended date of onset, and treated her sprained foot. [#11-8 at 3]. The records from that date indicate that she was prescribed a specialized boot to help her recover more quickly and avoid further injury and that it was anticipated that she would remain in the boot for 2 weeks and then begin to phase out. [Id. at 7]. On November 20, 2015, Plaintiff was examined by Dr. Abraham who reported that her diabetes mellitus was in "excellent control" and who opined that "there appears to be no obvious long-term disability." [Id. at 10]. Her blood sugar levels were "doing well." [Id.]. Dr. Costache reported on November 23, 2015 that Plaintiff's ankle was improving and that it was time to begin transitioning out of the boot. [Id. at 15]. On December 7, 2015, a different doctor—Dr. Matson— reported that Plaintiff still had pain but that her ankle was "overall improving." [Id. at 17]. Plaintiff's recovery from the ankle sprain was long and uneven, eventually developing into joint disease, but Dr. Abraham treated Ms. Castille on February 20, 2017 and noted that she was spending six hours out of the boot and should no longer require it within seven to ten days of that opinion. [#11-9 at 41]. Dr. Costache reported that, as of March 2, 2017, Plaintiff's ankle was improving. [#11-10 at 3].
Plaintiff's diabetes mellitus is also reported to be well managed. As noted above, her blood sugar levels were well managed as of November 20, 2015, and although she reported hyperglycemia and lightheadedness on January 28, 2016, she had not eaten that day and felt better by the next day. [#11-8 at 29, 31]. Drs. Abraham and Costache consistently described Plaintiff's diabetes as "controlled." [Id. at 41, 45, 50]. Plaintiff's foot was regularly debrided from advanced callouses during these visits, but the debriding process has been sufficient to stabilize the foot. See, e.g., [id. at 46, 51; #11-10 at 4].
Plaintiff also has cataracts in both eyes. Medical records indicate that she was "still feel[ing] functional" despite this diagnosis. [#11-9 at 3]. On July 12, 2016, Plaintiff's eye exam revealed excellent sight when corrected with glasses. [Id.]. By the time of this visit, however, Plaintiff's foot problems had progressed to joint disease related to her diabetes with related swelling. [Id. at 6]. Dr. Abraham reported good control for Plaintiff's diabetes later that July and again in October. [Id. at 8, 19]. The most recent record before the court is from Dr. Costache's May 2017 notes reporting that Plaintiff's hypertension and diabetes were both well controlled. [#11-10 at 9, 12].
Plaintiff underwent a Residual Function Capacity ("RFC") from Dr. Kristine Couch from Industrial Rehabilitation Evaluation services on June 21, 2017. [#11-9 at 77]. Dr. Couch reported that Plaintiff "constantly" suffered severe pain sufficient to interfere with even simple work tasks, couldn't walk more than one city block without breaks (although she could walk for up to thirty continuous minutes without resting), and was likely to be absent from work five days or more a week. [Id. at 77-81]. Dr. Abraham later signed Dr. Couch's RFC report with some hesitation, noting "It appears that she would like to get disability but I was not asked to sign disability paperwork." [Id. at 15]. Dr. Abraham also noted that Plaintiff seemed to be confused and unclear about what she needed the paperwork for. [Id. at 16].
Plaintiff had a hearing on her claim for benefits before an ALJ on July 5, 2017. [#11-2 at 49]. At the hearing, she reported that she walked to the office, used public transit, went to church, did her own shopping, and once a week did "about forty" minutes of volunteer gardening at her church. [Id. at 69-70, 73, 80]. But Plaintiff's confusion was marked, sometimes giving inconsistent answers or not following a short line of questioning. See, e.g., [id. at 78 (stating she has a hard time focusing during conversations), 81 (inconsistent answer on progress to master's degree)].
The ALJ subsequently found that Plaintiff was not disabled. [Id. at 33]. She found that Plaintiff had the following severe impairments: diabetes mellitus with neuropathy, right ankle sprain/strain, cataracts, and obesity. [Id. at 36]. The ALJ found that Plaintiff's hypertension was not a severe condition as it was controlled with medication. [Id.]. The ALJ also found that none of Plaintiff's impairments met the severity benchmarks in 20 C.F.R. Pt. 404, Subpt. P, App. 1, the "Listing of Impairments" ("the Listing"). [Id. at 36-37]. Finally, the ALJ determined that Plaintiff retained the ability to perform light, semiskilled work. [Id. at 37-43]. Ms. Castille appealed, and the Appeals Council denied review, making the ALJ's determination final for purposes of appeal. [Id. at 1]. On August 6, 2018, Plaintiff filed this action. [#1].
In reviewing the Commissioner's final decision, the court is limited to determining whether the decision adheres to applicable legal standards and is supported by substantial evidence in the record as a whole. Berna v. Chater, 101 F.3d 631, 632 (10th Cir. 1996) (citation omitted); cf. Thompson v. Sullivan, 987 F.2d 1482, 1487 (10th Cir. 1993) ("[I]f the ALJ failed to apply the correct legal test, there is a ground for reversal apart from a lack of substantial evidence." (internal citation omitted)). The court may not reverse an ALJ simply because she may have reached a different result based on the record; the question instead is whether there is substantial evidence showing that the ALJ was justified in her decision. See Ellison v. Sullivan, 929 F.2d 534, 536 (10th Cir. 1990). "Substantial evidence is more than a mere scintilla and is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Flaherty v. Astrue, 515 F.3d 1067, 1070 (10th Cir. 2007) (internal citation omitted). But "[e]vidence is not substantial if it is overwhelmed by other evidence in the record or constitutes mere conclusion." Musgrave v. Sullivan, 966 F.2d 1371, 1374 (10th Cir. 1992) (internal citation omitted). The court may not "reweigh the evidence or retry the case," but must "meticulously examine the record as a whole, including anything that may undercut or detract from the ALJ's findings in order to determine if the substantiality test has been met." Flaherty, 515 F.3d at 1070 (internal citation omitted).
Because Plaintiff is proceeding pro se, the court liberally construes her pleadings but may not act as her advocate. Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 672 (10th Cir. 1998). Indeed, although she is not represented by counsel, Ms. Castille must still comply with procedural rules and satisfy substantive law to be entitled to relief. See Murray v. City of Tahlequah, 312 F.3d 1196, 1199 n.2 (10th Cir. 2008) (observing that a party's pro se status does not relieve him of the obligation to comply with procedural rules); Dodson v. Bd. of Cty. Comm'rs, 878 F.Supp.2d 1227, 1236 (D. Colo. 2012).
The Commissioner has developed a five-step evaluation process for determining whether a claimant is disabled under the Act. 20 C.F.R. § 404.1520(a)(4)(v). See also Williams v. Bowen, 844 F.2d 748, 750-52 (10th Cir. 1988) (describing the five steps in detail). "If a determination can be made at any of the steps that a claimant is or is not disabled, evaluation under a subsequent step is not necessary." Williams, 844 F.2d at 750. Step one determines whether the claimant is engaged in substantial gainful activity; if so, disability benefits are denied. Id. Step two considers "whether the claimant has a medically severe impairment or combination of impairments," as governed by the Secretary's severity regulations. Id.; see also 20 C.F.R. § 404.1520(e). If the claimant is unable to show that his impairments would have more than a minimal effect on his ability to do basic work activities, he is not eligible for disability benefits. If, however, the claimant presents medical evidence and makes the de minimis showing of medical severity, the decision maker proceeds to step three. Williams, 844 F.2d at 750. Step three "determines whether the impairment is equivalent to one of a number of listed impairments that the Secretary acknowledges are so severe as to preclude substantial gainful activity," pursuant to 20 C.F.R. § 404.1520(d). Id. At step four of the evaluation process, the ALJ must determine a claimant's Residual Functional Capacity ("RFC"), which defines the maximum amount of work the claimant is still "functionally capable of doing on a regular and continuing basis, despite his impairments: the claimant's maximum sustained work capability." Williams, 844 F.2d at 751; see also id. at 751-52 (explaining the decisionmaker must consider both the claimant's exertional and nonexertional limitations). The ALJ compares the RFC to the claimant's past relevant work to determine whether the claimant can resume such work. See Barnes v. Colvin, 614 F. App'x 940, 943 (10th Cir. 2015) (citation omitted). "The claimant bears the burden of proof through step four of the analysis." Neilson v. Sullivan, 992 F.2d 1118, 1120 (10th Cir. 1993).
At step five, the burden shifts to the Commissioner to show that a claimant can perform work that exists in the national economy, taking into account the claimant's RFC, age, education, and work experience. Neilson, 992 F.2d at 1120. The Commissioner can meet her burden by the testimony of a vocational expert. Tackett v. Apfel, 180 F.3d 1094, 1098-99, 1101 (9th Cir. 1999).
The ALJ mentioned hypertension, and the court's review of the record further indicates obesity, edema,
The ALJ next found that Plaintiff's cataracts did not meet the criteria in the Listing because "no treating or examining physician of record has reported any of the necessary clinical, laboratory, or radiographic findings specified therein." [#11-2 at 37]. The court finds this decision is supported by substantial evidence as there are no such records before the court at this stage and no indication that the ALJ had but failed to consider the same either. Accordingly, the ALJ did not err in finding that Plaintiff's cataracts did not meet the criteria under the Listing.
Finally, the ALJ considered Plaintiff's diabetic neuropathy and found that Plaintiff did not meet the requirements of Listing 11.14. [Id.]. Under the Listing, neuropathy qualifies if it is "characterized by disorganization of motor function in two extremities, resulting in an extreme limitation in the ability to stand up from a seated position, balance while standing or walking, or use the upper extremities." 20 C.F.R. § Pt. 404, Subpt. P, App. 1, Pt. B2, § 11.14 (emphasis added). As noted above, Plaintiff has a diminished ability to walk but the ALJ's determination that it was not as severe as provided in the Listing was supported by substantial evidence because Plaintiff's ability to ambulate, while diminished, far exceeded the impairment recounted in the Listing.
For example, the ALJ noted that Plaintiff's January 13, 2016 x-ray indicated "no acute osseous abnormality." [Id. at 39]. The ALJ further noted that Plaintiff's most extreme symptoms were usually accompanied by unusual activity—Plaintiff felt fatigue and lightheadedness, but had not eaten that day and felt better the next; Plaintiff reported discomfort in her feet, but had walked an unusual amount beforehand. [Id.]. Plaintiff had been using a diabetic boot and a cane, but was spending more and more time without the boot as her condition improved. [Id. at 40]. On November 20, 2015, post Plaintiff's disability-onset date, Dr. Abraham reported that Plaintiff's diabetes was under "excellent control," an opinion that he and Dr. Costache consistently reiterated over time. [Id.; #11-8 at 9-10]. Moreover, Plaintiff's self-reported daily activities, including volunteering at church and self-care and chores around the house, were inconsistent with full disability. [Id. at 41].
Based on these findings, the ALJ found that could perform sedentary, semi-skilled work such as telemarketer or appointment clerk. [Id. at 43]. This finding is consistent with the testimony of Ashley Byers, the vocational expert, who testified to the same effect. [Id. at 85, 86-90]. The court finds that the ALJ's decision is supported by substantial evidence.
There is significant medical support for the ALJ's conclusions regarding Plaintiff's condition. For example, Dr. Abraham treated Ms. Castille and reported that as of February 20, 2017, she was spending six hours out of the boot and should no longer require it within seven to ten days of that opinion. [#11-9 at 41]. Ms. Castille reported to Dr. Abraham that she was "doing well" at a December 29, 2016 visit where her blood pressure and blood sugar numbers were good. [Id. at 34-35]. Dr. Costache reported that, as of March 2, 2017, Plaintiff's ankle was improving. [#11-10 at 3]. A day later, Dr. Abraham reported that Plaintiff's diabetes mellitus was "well-controlled." [Id. at 6]. On May 4, 2017, Dr. Costache reported that Ms. Castille was "awake, alert, and oriented," that there was "no pain with foot and ankle range of motion," that her hypertension was also "well controlled," and that her "feet are doing better." [Id. at 11-13]. On June 1, 2017, Dr. Abraham noted that Ms. Castille was "thinking about going back to school to finish masters." [Id. at 13]. Accordingly, the court finds that there is substantial evidence supporting the ALJ's conclusion that Ms. Castille was not totally disabled and could perform the work semi-skilled, sedentary work described in the RFC.
For the reasons stated herein, the court hereby