Blackburn, District Judge.
The matter before me is plaintiff's
Plaintiff alleges that she is disabled as a result of an affective disorder, a personality disorder, gastroesophageal reflux disease, and keratoconus.
The ALJ found that plaintiff was not disabled and therefore not entitled to disability insurance benefits or supplemental security income benefits. Although the medical evidence established that plaintiff suffered from severe impairments, the ALJ concluded that the severity of those impairments did not meet or equal any impairment listed in the social security regulations. The ALJ found that plaintiff had the residual functional capacity to perform medium work with certain postural and non-exertional restrictions. Although this finding precluded plaintiff's past relevant work, the ALJ determined that there were other jobs existing in significant numbers in the national and local economies that she could perform. He therefore found plaintiff not disabled at step 5 of the sequential evaluation. Plaintiff appealed this decision to the Appeals Council. The Council affirmed. Plaintiff then filed this action in federal court.
A person is disabled within the meaning of the Social Security Act only if her physical and/or mental impairments preclude her from performing both her previous work and any other "substantial gainful work which exists in the national economy." 42 U.S.C. § 423(d)(2). "When a claimant has one or more severe impairments the Social Security [Act] requires the [Commissioner] to consider the combined effects of the impairments in making a disability determination." Campbell v. Bowen, 822 F.2d 1518, 1521 (10th Cir.1987) (citing 42 U.S.C. § 423(d)(2)(C)). However, the mere existence of a severe impairment or combination of impairments does not require a finding that an individual is disabled within the meaning of the Social Security Act. To be disabling, the claimant's condition must be so functionally limiting as to preclude any substantial gainful activity for at least twelve consecutive months. See Kelley v. Chater, 62 F.3d 335, 338 (10th Cir.1995).
The Commissioner has established a five-step sequential evaluation process for determining whether a claimant is disabled:
20 C.F.R. § 404.1520(a)(4)(i)-(v).
Review of the Commissioner's disability decision is limited to determining whether the ALJ applied the correct legal standard and whether the decision is supported by substantial evidence. Hamilton v. Secretary of Health and Human Services, 961 F.2d 1495, 1497-98 (10th Cir. 1992); Brown v. Sullivan, 912 F.2d 1194, 1196 (10th Cir.1990). Substantial evidence is evidence a reasonable mind would accept as adequate to support a conclusion. Brown, 912 F.2d at 1196. It requires more than a scintilla but less than a preponderance of the evidence. Hedstrom v. Sullivan, 783 F.Supp. 553, 556 (D.Colo. 1992). "Evidence 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). Further, "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). Although a reviewing court should meticulously examine the record, it may not reweigh the evidence or substitute its discretion for that of the Commissioner. Id.
Plaintiff claims the ALJ erred evaluating the opinions of her treating mental health provider and in discrediting her subjective reports of disabling limitations. Finding no such reversible error, I affirm.
Plaintiff contends the ALJ erred in his consideration of the opinion of her treating source, Jill Ridley, NP. In May, 2010, Ms. Ridley completed a Mental Capacity Assessment on plaintiff's behalf in which she opined that plaintiff suffered from marked and extreme limitations in many aspects of work-related mental functioning. (Tr. 233-235.) The ALJ assigned this opinion "no weight," on the grounds that it was not issued by an acceptable medical source, was conclusory, and was unsupported by the evidence of record. (Tr. 35-36.) Although plaintiff suggests that these reasons are either legally and/or factually insupportable, I conclude otherwise.
The opinion of a treating source is entitled to controlling weight when it is "well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with other substantial evidence in the case record." 20 C.F.R. § 404.1527(c)(2);
Nevertheless, the opinions of "other" medical sources such as Ms. Ridley still must be considered, applying the same factors as are generally used to assess treating source opinions.
Moreover, his determination that Ms. Ridley's opinion was conclusory finds ample support in the record. As support for her opinions, Ms. Ridley stated that plaintiff had a "significant learning impairment as well as depressive [symptoms] that are profound." (Tr. 235.) Perhaps cognizant that this statement is, indeed, quite conclusory, plaintiff maintains that the ALJ should have considered whether Ms. Ridley's treatment notes supported her conclusions. Assuming arguendo that it constituted error not to do so, there is nothing in Ms. Ridley's scant records which undermines the ALJ's determination regarding the weight to be afforded this opinion. The notes of Ms. Ridley's two visits with plaintiff — the first just one month before she authored the opinion at issue
The ALJ also discredited Ms. Ridley's opinion as being unsupported by the
In a related argument, plaintiff maintains that the ALJ should have more thoroughly considered her GAF scores. "The GAF is a subjective determination based on a scale of 100 to 1 of `the clinician's judgment of the individual's overall level of functioning.'" Langley v. Barnhart, 373 F.3d 1116, 1122 n. 3 (10th Cir. 2004) (quoting American Psychiatric Association,
I am unpersuaded. As the ALJ correctly noted, a low GAF score does not mandate a finding of disability. See Seymore v. Apfel, 1997 WL 755386 at *1-2, 131 F.3d 152 (10th Cir. Dec. 8, 1997); Cox v. Apfel, 2000 WL 1472729 at *9 (D.Kan. Feb. 24, 2000). More particularly, although a "GAF score of fifty or less ... does suggest an inability to keep a job," Lee v. Barnhart, 117 Fed.Appx. 674, 678 (10th Cir.2004), that determination is not entirely self-evident, see id. (unexplained GAF score not probative: "[t]he claimant's impairment, for example, might lie solely within the social, rather than the occupational, sphere"); Oslin v. Barnhart, 69 Fed.Appx. 942, 947 (10th Cir.2003) ("[T]he GAF rating may indicate problems that do not necessarily relate to the ability to hold a job[.]"). Although GAF scores may be highly probative when coupled with detailed description of how rating affects claimant's ability to work, Eden v. Barnhart, 109 Fed.Appx. 311, 314 (10th Cir. 2004); Seymore, 1997 WL 755386 at *2, 131 F.3d 152, here, no medical or other source ever made the critical connection between plaintiff's GAF scores and her work-related functioning. The ALJ in this case did not ignore plaintiff's GAF scores,
Finally, plaintiff contends that the ALJ erred in discrediting her testimony regarding her functional limitations. More particularly, she suggests that the ALJ failed to properly apply the analysis required by Luna v. Bowen, 834 F.2d 161 (10th Cir.1987),
Musgrave, 966 F.2d at 1375-76 (citing Luna, 834 F.2d at 163-64). The Commissioner's regulations have distilled this test into two parts, but the required analysis is the same. See 20 C.F.R. §§ 404.1529 & 416.929;