KIRTAN KHALSA, Magistrate Judge.
Claimant Michael Montaño ("Mr. Montaño") alleges that he became disabled on June 15, 2006,
On January 24, 2012, Mr. Montaño protectively filed an application for Supplemental Security Income ("SSI") under Title XVI of the Act, 42 U.S.C. § 1381 et seq. (Tr. 168-173, 204.) Mr. Montaño's application was initially denied on July 18, 2013. (Tr. 75, 104-107.) It was denied again at reconsideration on January 6, 2014. (Tr. 103, 110-114.) On March 5, 2014, Mr. Montaño requested a hearing before an Administrative Law Judge ("ALJ"). (Tr. 117-19.) The ALJ conducted a hearing on January 21, 2015. (Tr. 38-63.) Mr. Montaño appeared via video teleconference at the hearing from Clovis, New Mexico, and was represented by Michael Armstrong. (Id.) The ALJ took testimony from Mr. Montaño. (Tr. 44-62.) An impartial vocational expert (VE), Kasey Suggs, appeared at the hearing, but did not testify. (Id.) On February 20, 2015, the ALJ issued an unfavorable decision. (Tr. 25-33.) On May 19, 2016, the Appeals Council issued its decision denying Mr. Montaño's request for review and upholding the ALJ's final decision. (Tr. 1-6.)
On July 22, 2016, Mr. Montaño timely filed a Complaint seeking judicial review of the Commissioner's final decision. (Doc. 1.)
The Court reviews the Commissioner's decision to determine whether the factual findings are supported by substantial evidence in the record and whether the correct legal standards were applied. 42 U.S.C. § 405(g); Hamlin v. Barnhart, 365 F.3d 1208, 1214 (10
In considering an application for disability insurance benefits, the Commissioner uses a five-step sequential evaluation process. 20 C.F.R. § 416.920; Bowen v. Yuckert, 482 U.S. 137, 140 (1987). The claimant bears the burden of establishing a prima facie case of disability at steps one through four. 20 C.F.R. § 416.920(a)(4)(i-iv); Grogan v. Barnhart, 399 F.3d 1257, 1261 (10
The ALJ made his decision that Mr. Montaño was not disabled at step five of the sequential evaluation. He found that Mr. Montaño had the residual functional capacity to perform a full range of medium work as defined 20 C.F.R. § 416.967(c). Based on the RFC, and considering Mr. Montaño's age, education, and work experience, the ALJ concluded that Medical-Vocational Rule 203.28 directed a finding of "not disabled."
In support of his Motion, Mr. Montaño argues that the ALJ failed to explicitly state the weight he accorded examining State Agency medical consultant Dr. Roger Felix's opinion, and failed to give specific and legitimate reasons for rejecting Dr. Felix's opinion. (Doc. 17 at 10-15.) For the reasons discussed below, the Court finds that the ALJ applied the correct legal standard in evaluating Dr. Felix's opinion and that there is no reversible error.
On April 27, 2013, Mr. Montaño presented to examining State Agency medical consultant Roger Felix, M.D., for a disability determination examination. (Tr. 329-31.) Mr. Montaño complained of left leg spasms, left face spasms, left arm spasms, and pain in his left lower extremity in general. (Tr. 329.) He reported to Dr. Felix that when he was sixteen years old, he was riding his bicycle when he was hit by a drunk driver. (Id.) His left knee was injured in the accident and he told Dr. Felix that the attending EMTs described his knee as being "shredded to pieces." (Id.) Mr. Montaño also told Dr. Felix that the right side of his head hit the vehicle during the accident and that he lost consciousness for about fifteen minutes. (Id.) He reported that he did not remember most of the accident and "woke up in post anesthesia care after surgery on his knee." (Id.) Mr. Montaño told Dr. Felix that the accident left him functionally impaired and that he could stand for only two to five minutes, could walk for twenty feet with the use of a cane, could sit for one to two hours, and could lift five to ten pounds. (Id.)
Dr. Felix observed that Mr. Montaño walked with a very antalgic gait favoring his left lower extremity and that he did not flex his left hip at all. (Tr. 330.) He also observed that Mr. Montaño was stiff getting on and off the exam table and up and out of the chair. (Id.) On physical exam Dr. Felix noted that Mr. Montaño had limited left shoulder abduction with active range of motion, i.e., 80 degrees, and greater abduction with passive range of motion, i.e., 120 degrees. (Id.) Dr. Felix noted that it was difficult to tell how far Mr. Montaño could flex his left hip due to reported pain. (Id.) Mr. Montaño was able to flex his left knee to 40 degrees while squatting, but to 70 degrees on exam. (Id.) Similarly, Dr. Felix was able to produce greater flexion of Mr. Montaño's left ankle on exam than Mr. Montaño produced on his own. (Id.) Dr. Felix noted that Mr. Montaño was unable to walk on his heels or toes because he was unable to rise up on his left heel or left toes. (Id.)
Dr. Felix's impression was that Mr. Montaño had decreased range of motion in his left shoulder, left knee, and left ankle, and a "very antalgic, slow gait." (Tr. 330.) Dr. Felix opined that Mr. Montaño's general left-sided weakness suggested "a centrally mediated problem with the left side of his body, which could have been caused by the head trauma suffered in the accident." (Id.) Dr. Felix also opined that the decreased flexion in his shoulder and ankle may be due to muscle weakness, rather than a joint problem. (Tr. 330.) He opined that Mr. Montaño "would be expected to have difficulty with squatting, stooping, bending, and almost any amount of standing and walking" and with "reaching overhead, and for carrying and lifting, especially heavy loads." (Id.)
Mr. Montaño argues that the ALJ improperly failed to explicitly state the weight he accorded Dr. Felix's evaluation. (Doc. 17 at 11.) The ALJ's failure to state explicitly the weight he accorded Dr. Felix's opinion, however, is harmless error because the ALJ made clear to subsequent reviewers the weight he accorded to Dr. Felix's opinion, as he was required to do. See Tarpley v. Colvin, 601 F. App'x 641, 643-44 (10
Mr. Montaño argues that the ALJ's reasons for rejecting Dr. Felix's opinion are neither adequate nor legitimate. (Doc. 17 at 13-15.) In support of his argument, Mr. Montaño asserts that the ALJ improperly referred to "treating source notes" when there was no treating source, and that the ALJ improperly "interjected his lay opinion into Dr. Felix's assessment" when he observed that Dr. Felix had found no evidence of atrophy during Mr. Montaño's physical exam. (Id.) The Court is not persuaded. As to the former argument, in referencing treating source notes, it is clear that the ALJ adequately evaluated the medical record evidence, which although not extensive, supported his statement that "there is no indication of an antalgic gait or stroke-like symptoms on the left side." (See e.g., Tr. 303-305 (Northern New Mexico Orthopaedic Group post-accident/post-surgery treatment progress notes from September-November 2006 noting full range of motion in both knees and lower left extremity, negative anterior and posterior drawer, Lachman, varus, and valgus tests, no tenderness to palpitation, normal sensation and pulses in foot, ambulation without an antalgic gait, authorizing resumption of activities as tolerated, and releasing from care); Tr. 308 (finding neurologically intact); Tr. 310 (self-reporting negative stroke history); Tr. 324-327 (February 2012 emergency room treatment records noting limited range of motion in left knee and no evidence of (1) deficit in any other joint or muscle group, (2) neurological or ambulating deficits, (3) spasms or findings of limitation in back, right lower extremity, or bilateral upper extremities. Diagnosing chronic left knee pain); Tr. 333, 336-337 (May 2013 x-ray of left shoulder and ankle with no fracture, degenerative change or acute findings); Tr. 343, 345-346 (June 2013 X-rays of left knee showed old, completely healed, proximal tibial fracture with no acute findings); Tr. 449-57 (January 2015 medical records noting no mental deficits and no difficulty with ambulation). The Court can follow the ALJ's reasoning and can determine that he applied the correct legal standard in evaluating Dr. Felix's opinion in light of the contrary substantial evidence of record. As such, the ALJ's reference to prior medical treatment records as "treating source notes" does not undermine the ALJ's conclusions. "In conducting our review, we should, indeed must, exercise common sense. The more comprehensive the ALJ's explanation, the easier our task; but we cannot insist on technical perfection." Keyes-Zachary v. Astrue, 695 F.3d 1156, 1166 (10
As to the latter argument, Mr. Montaño cites Schmidt v. Sullivan, 914 F.2d 117, 118-19 (7
Mr. Montaño's arguments aside, the ALJ provided specific and legitimate reasons for rejecting Dr. Hall's assessments that are supported by substantial evidence. "An ALJ must [] consider a series of specific factors in determining what weight to give any medical opinion." Hamlin, 365 F.3d at 1215 (citing Goatcher v. United States Dep't of Health & Human Servs., 52 F.3d 288, 290 (10
For the foregoing reasons, the ALJ provided specific and legitimate reasons for rejecting Dr. Felix's opinion and there is no reversible error as to this issue.
For the reasons stated above, Mr. Montaño's Motion to Reverse or Remand for Rehearing is