ALKA SAGAR, Magistrate Judge.
On March 1, 2018, Plaintiff filed a Complaint seeking review of the Commissioner's denial of Plaintiff's applications for a period of disability and disability insurance benefits ("DIB"), and supplemental security income ("SSI"), respectively, under Titles II and XVI of the Social Security Act. (Dkt. No. 1). On August 8, 2018, Defendant filed an Answer and the Administrative Record ("AR"). (Dkt. Nos. 14-15). The parties have consented to proceed before the undersigned United States Magistrate Judge. (Dkt. Nos. 12, 17-18). On November 6, 2018, the parties filed a Joint Stipulation ("Joint Stip.") setting forth their respective positions regarding Plaintiff's claim. (Dkt. No. 16). The Court has taken this matter under submission without oral argument.
On December 29, 2013, Plaintiff, formerly employed as a caregiver and a legal secretary (
On August 26, 2016, Administrative Law Judge Mason D. Harrell, Jr. ("ALJ") heard testimony from Plaintiff, who was represented by counsel, and vocational expert ("VE") Troy Scott. (
The ALJ applied the requisite five-step process to evaluate Plaintiff's case. At step one, the ALJ found that Plaintiff met the insured status requirements through December 31, 2012, and had not been engaged in substantial gainful activity since her alleged disability onset date of June 11, 2008. (AR 24).
At step two, the ALJ found that Plaintiff's degenerative disc disease of the spine was a severe impairment but Plaintiff's impairments of depression and history of alcohol abuse were not severe. (AR 24-27).
At step three, the ALJ determined that Plaintiff's impairments did not meet or equal a listing found in 20 C.F.R Part 404, Subpart P, Appendix 1. (AR 27). Next, the ALJ found that Plaintiff had the following Residual Functional Capacity ("RFC")
At step four, the ALJ determined, based on the VE's testimony, that Plaintiff is capable of performing her past relevant work as a legal secretary as actually and generally performed. (AR 32-33). The ALJ then proceeded to make an alternative finding, at step five, that Plaintiff can also perform other work existing in substantial numbers in the national economy — specifically, as a telemarketer. (AR 33-34). The ALJ thus determined that Plaintiff is not disabled. (AR 34).
On January 9, 2018, the Appeals Council denied Plaintiff's request to review the ALJ's decision. (
This Court reviews the Administration's decision to determine if it is free of legal error and supported by substantial evidence.
Plaintiff claims that (1) the ALJ failed to properly assess the medical opinions in the record; (2) the ALJ failed to properly consider her subjective testimony; and (3) the ALJ's findings at steps four and five are not supported by substantial evidence. (
After consideration of the record as a whole, the Court finds that the Commissioner's findings are supported by substantial evidence and are free from material legal error.
Plaintiff claims that the ALJ erred in assessing the opinions of multiple medical opinions in the record, including Plaintiff's treating physician, Dr. Ikechi Obiocha, M.D.; consultative examiners Dr. Ulin Sargeant, M.D., and Dr. Earbin Stanciell, M.D.; and state agency consultative reviewers Dr. G. Johnson, M.D., and Dr. H. Han, M.D. (
Although a treating physician's opinion is generally afforded the greatest weight in disability cases, it is not binding on an ALJ with respect to the existence of an impairment or the ultimate determination of disability.
If a treating or examining doctor's opinion is contradicted by another doctor, the ALJ must provide "specific and legitimate reasons" for rejecting the opinion.
Plaintiff contends that the ALJ erred by failing to properly discuss and weigh the records of treating physician Dr. Obiocha, (
Plaintiff fails to point to any "opinion" by Dr. Obiocha that the ALJ failed to address regarding Plaintiff's physical or mental limitations. The record contains Dr. Obiocha's treatment notes but does not include any overall assessment by the treating physician. However, to the extent that Dr. Obiocha's treatment notes constitute "opinion" evidence,
The ALJ considered all the medical evidence and opinions in the record, and sufficiently discussed Dr. Obiocha's treatment notes, finding that they did not support greater restrictions that the RFC determination. The ALJ noted, for example, that Dr. Obiocha's records reflect generally benign, normal findings, (AR 30 (citing AR 376-77, 381-82, 387-88, 416-17, 444)), and that Plaintiff had received conservative treatment, mainly involving refills of pain medications.
Although Dr. Obiocha treated Plaintiff for a variety of conditions other than back pain, such as hand numbness and hip and shoulder pain, none of these conditions warrant greater restrictions than the ALJ's RFC determination. For example, diagnostic imaging studies of Plaintiff's lumbar spine, left shoulder, pelvis, and hands generally showed, at most, "mild" degenerative changes throughout the relevant period. (
The ALJ's finding that Plaintiff did not have other severe impairments and did not warrant additional functional limitations is supported by substantial evidence. Accordingly, Plaintiff has failed to establish any material error in the ALJ's failure to further address Dr. Ochioba's treatment notes.
Plaintiff contends that the ALJ erred by failing to adopt Dr. Sargeant's finding that Plaintiff required a walker for long distances. (Joint Stip. at 5). Dr. Sargeant provided a consultative examination of Plaintiff on August 23, 2014. (AR 358-62). He opined, among other things, that Plaintiff can stand and walk for two hours and sit for six hours in an eight hour workday, but she "needs a cane for short distances and a walker for long distances." (AR 362). Dr. Sargeant also found that Plaintiff can occasionally climb, balance, kneel, crawl, walk on uneven terrain, climb ladders, and work at heights. (AR 362).
The ALJ gave "some weight" to Dr. Sargeant's opinion, viewing it "favorably" to the extent that it was consistent with the RFC. (AR 31). However, the ALJ found that the opinion's value was diminished because Dr. Sargeant "did not have the benefit of reviewing the full breadth of the medical record," such as August 2008 examinations showing "normal extremities, with full range of motion." (AR 31 (citing AR 283)). The ALJ also noted that Plaintiff "even admitted at the hearing that she uses the cane two to three times per week."
The ALJ essentially adopted the standing and sitting restrictions from Dr. Sargeant's opinion and Plaintiff's testimony in his RFC determination, finding that Plaintiff "can stand and walk for two hours out of an eight-hour workday at 10-minutes at a time" and "can sit for six hours out of an eight-hour workday at 30 minutes at a time" and that Plaintiff "can occasionally use a cane to walk." (AR 28). Although the ALJ did not specifically adopt Dr. Sargeant's opinion that Plaintiff needs to use a walker "for long distances," the RFC makes such a restriction unnecessary by limiting Plaintiff to only ten-minute intervals of standing and walking. (AR 28, 362). Because the RFC finding essentially accommodates Dr. Sargeant's opinion, and the ALJ provided sufficient basis to reject it to the limited extent that he did so, there is no error.
Plaintiff claims that the ALJ erred by failing to credit the opinion of state agency consultant, Dr. Han, which limited Plaintiff to only occasional overhead reaching with the upper left extremity. (Joint Stip. at 6-7;
Plaintiff contends that the ALJ erred in finding no severe mental limitations, and particularly by giving great weight to consultative examiner Dr. Stanciell's opinion and little weight to the opinion of state agency psychological consultant, Dr. Johnson. (Joint Stip. at 5-6).
Dr. Stanciell provided a psychiatric evaluation of Plaintiff on August 21, 2014. (AR 351-55). He observed that Plaintiff had a depressed mood and affect, but otherwise was engaged, alert, well oriented, and cooperative, with good eye contact and normal speech and thought process. (AR 353). He also observed that Plaintiff had no difficulty interacting with the doctor or the staff during her visit. (AR 354). Plaintiff, moreover, was able to "do serial sevens and serial threes," to spell the word "world" forward and backward, and "to register 3 out of 3 items at 0 minutes and 3 out of 3 items at 5 minutes." (AR 353). Plaintiff also had common sense understandings and "responded appropriately to imaginary situations requiring social judgments and knowledge of the norms." (AR 353). Dr. Stanciell found that Plaintiff has no difficulties maintaining social functioning and "mild difficulties" in maintaining composure and even temperament, and in concentration, persistence, and pace. (AR 354). He opined that Plaintiff would have no limitations in performing simple and repetitive tasks, and otherwise would have only mild mental limitations. (AR 354). In assigning great weight to Dr. Stanciell's opinion, the ALJ noted that Dr. Stanciell was a board-certified psychiatrist who based his opinion on "a face-to-face interview and a supportive mental examination." (AR 26-27).
Dr. Johnson provided a consultative review of Plaintiff's records on September 11, 2014. (AR 97-98, 101-03). He found that Plaintiff has moderate limitations in her ability to perform detailed instructions, maintain attention and concentration, maintain punctuality and regular attendance, sustain an ordinary routine without supervision, and respond to changes in the work setting, among other abilities. (AR 101-02). Dr. Johnson based these assessments on the fact that Plaintiff was depressed and withdrawn. (AR 101-02). The ALJ gave little weight to Dr. Johnson's opinion because it "overstate[d]" Plaintiff's mental limitations and conflicted with the medical record, which "showed generally appropriate behavior." (AR 27;
Plaintiff contends that the ALJ erred by giving less weight to Dr. Johnson's opinion than Dr. Stanciell because Dr. Johnson's opinion "was more consistent with the medical evidence," suggesting that Dr. Johnson "may have had more evidence before him" than Dr. Stanciell. (Joint Stip. at 6). Plaintiff asserts that "[w]e have no way of gauging what evidence the consultative examiner had" because Dr. Stanciell "simply refers to having reviewed "all" medical records." (
Plaintiff also contends that the ALJ should have found that Plaintiff had a severe mental impairment in part because Dr. Stanciell assigned Plaintiff a GAF of 58, diagnosed her with depression, and recommended treatment.
Plaintiff contends that the ALJ failed to provide clear and convincing reasons to discount her allegations. (Joint Stip. at 15-16). Plaintiff reported, among other things, that she "can't do much of anything," including "walking, shopping, hiking, driving, and bike riding." (AR 194). She also reported that she "can't bend over to pick things up," and needs assistance getting dressed, cooking, cleaning, and "getting around." (AR 193, 195). She noted, moreover, that she has limitations in lifting, squatting, bending, standing, reaching, walking, sitting, kneeling, stair-climbing, memory, completing tasks, concentration, understanding, and following instructions. (AR 211). In addition, she testified that she can stand or walk for ten minutes at a time, sit for twenty to thirty minutes, and lift five or ten pounds. (AR 55-56).
When assessing a claimant's credibility regarding subjective pain or intensity of symptoms, the ALJ must engage in a two-step analysis.
If the claimant satisfies this first step, and there is no evidence of malingering, the ALJ must provide specific, clear and convincing reasons for rejecting the claimant's testimony about the symptom severity.
In discrediting the claimant's subjective symptom testimony, the ALJ may consider the following:
Further, the ALJ must make a credibility determination with findings that are "sufficiently specific to permit the court to conclude that the ALJ did not arbitrarily discredit claimant's testimony."
Here, the ALJ found that Plaintiff's "medically determinable impairments could reasonably be expected to cause the alleged symptoms," but her "statements concerning the intensity, persistence and limiting effects of these symptoms are not entirely consistent with the medical evidence and other evidence in the record for the reasons explained in th[e] decision." (AR 32). To support this finding, the ALJ pointed to the "generally mild" diagnostic evidence and Plaintiff's daily activities, including the part-time work she performs as a caregiver. (AR 32). These findings constitute specific, clear, and convincing reasons to support the ALJ's credibility finding.
Substantial evidence supports the ALJ's finding that the severity of Plaintiff's allegations is not fully supported by the objective medical evidence. (AR 32). While inconsistencies with the objective medical evidence cannot be the
Substantial evidence also supports the ALJ's finding that Plaintiff's daily activities and caregiver work belied the severity of her allegations. (AR 32). Plaintiff's ability to perform various everyday activities is a legitimate basis to discount Plaintiff's credibility.
Accordingly, the ALJ properly discounted Plaintiff's credibility by giving specific, legitimate reasons that are supported by substantial evidence in the record.
Plaintiff claims that the ALJ erred in finding Plaintiff not disabled, both in his step four finding and the alternative step five finding. (Joint Stip. at 23-25, 28-29). At step four, the ALJ found that Plaintiff was capable of performing her past relevant work as a legal secretary. (AR 32-33). In making this finding, the ALJ relied on the VE's testimony that a person with Plaintiff's limitations would be able to perform this work. (AR 32-34, 57-59). Plaintiff asserts that the VE's testimony was "faulty" because "there was no discussion of vocational adjustment." (Joint Stip. at 24). As support, Plaintiff quotes SSR 96-9p:
(Joint Stip. at 24 (quoting SSR 96-9p)). Plaintiff further claims that the ALJ erred at step four because the ALJ failed to include additional functional limitations to account for Plaintiff's shoulder impairment and mental impairment. (
Contrary to Plaintiff's argument, there is no requirement for the ALJ to consider vocational adjustment at step four. The administrative ruling Plaintiff relies on, SSR 96-9p, applies only to step five of the sequential evaluation, where the ALJ, after finding that a claimant cannot perform any past relevant work, determines whether the claimant instead "can make an adjustment to other work." 20 C.F.R. § 404.1520(g), 416.920(g). The stated purpose of SSR 96-9p is "[t]o explain the Social Security Administration's policies regarding the impact of [an RFC] assessment for less than a full range of sedentary work on an individual's ability
Thus, the ALJ did not err by failing to consider vocational adjustment at step four. Furthermore, for the reasons discussed above, Plaintiff has failed to demonstrate any error in the ALJ's RFC finding, which mirrors the hypothetical limitations presented to the VE at step four. (AR 28, 58). Accordingly, the ALJ properly relied on the VE's testimony to conclude, at step four, that Plaintiff can perform her past relevant work as a legal secretary, and is therefore not disabled. (AR 32-34). Because the ALJ properly found Plaintiff not disabled at step four, the Court need not address Plaintiff's contentions regarding the ALJ's alternative finding at step five.
For the foregoing reasons, the decision of the Commissioner is AFFIRMED.
LET JUDGMENT BE ENTERED ACCORDINGLY.