DAVID SAM, Senior District Judge.
Plaintiff Blanche M. Wallace filed applications
Her applications were denied initially and on reconsideration. After an administrative hearing, an administrative law judge ("ALJ") concluded at step four of the five-part sequential evaluation process
Ms. Wallace now seeks judicial review of the decision of the Commissioner of Social Security denying her claim for benefits. She contends that the ALJ erred in that: (1) he improperly evaluated her credibility; (2) he improperly determined her residual function capacity; and, (3) he failed to meet his burden of proof at step five and according to his own findings, Ms. Wallace should be found disabled.
The Court reviews the ALJ's decision only to determine if the factual findings are supported by substantial evidence and if he applied the correct legal standards. Goatcher v. United States Dep't of Health & Human Servs., 52 F.3d 288, 289 (10th Cir. 1995). Substantial evidence "means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401 (1971) (quotation and citation omitted). The Court may not re-weigh the evidence or substitute its judgment for that of the Commissioner. Kelley v. Chater, 62 F.3d 335, 337 (10th Cir. 1995).
Plaintiff first claims that the ALJ improperly evaluated her credibility because the "entire `analysis' of Ms. Wallace's credibility is contained in one paragraph[
The Court disagrees and rejects Plaintiff's position. "`Credibility determinations are peculiarly the province of the finder of fact, and [the court] will not upset such determinations when supported by substantial evidence.'" Kepler v. Chater, 68 F.3d 387, 391 (10
The Court concludes that the ALJ fulfilled the above obligation. The ALJ found that "the severity and frequency of the claimant's alleged symptoms, are not reasonably consistent with the medical record and all other evidence — and therefore is not fully persuasive". Tr. 20. Specifically, the ALJ noted that Plaintiff's allegations were not fully credible because she was working part-time, and even though not substantial activity, it was a factor indicating that Plaintiff could perform easier work at substantial activity levels. The ALJ further noted that Plaintiff's alleged limitations were "not supported by any of the medical opinions given greatest weight, nor are they supported by the objective medical findings of record." (Tr. 21). The ALJ then proceeded to evaluate in detail that very evidence and why that evidence led him to conclude that the claimant's subjective complaints were not credible.
Next, Plaintiff contends that the ALJ improperly determined her residual function capacity
"In determining a claimant's physical abilities, the ALJ should . . . assess the nature and extent of the claimant's physical limitations and then determine the claimant's residual functional capacity for work or a regular and continuing basis." Winfrey v. Charter, 92 F.3d 1017, 1023 (10
After examining the record the Court concludes that in his discussion and analysis of the evidence the ALJ generally complied with the foregoing directives and adequately explained his residual functional capacity finding. See Tr. 19-25. In making his finding, the ALJ stated that he had "considered all symptoms and the extent to which these symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence, based on the requirements. . . . [and the] opinion evidence in accordance with the requirements. . . ." Tr. 19. The Court sees no need to repeat here what the ALJ stated in his opinion. The ALJ detailed and considered the evidence before him including Plaintiff's written statements, statements of an associate and a friend, Plaintiff's own testimony which he found not credible, Plaintiff's part-time work, her medical history and other medical findings of record. See Tr. 19-25. Contrary to Plaintiff's assertion, the ALJ's narrative includes citation to specific facts, along with his reasoning and is much more than mere conclusion. Id.
The Court also rejects Plaintiff's final contention that the ALJ failed to meet his burden of proof at step five of the sequential evaluation to show that there are jobs in the regional and national economies that the claimant can perform. As Defendant notes, the "ALJ posed a hypothetical question that reflected all the limitations he found credible, and ultimately included in his residual functional capacity assessment (compare Tr. 18-19, with Tr. 69-70). In response to this hypothetical question, the vocational expert identified occupations Plaintiff could perform (Tr. 70-71)."
Plaintiff's suggestion that there is an unresolved conflict between the vocational expert's testimony and the DOT is also rejected. "`[B]efore an ALJ may rely on expert vocational evidence as substantial evidence to support a determination of nondisability, the ALJ must ask the expert how his or her testimony as to the exertional [and nonexertional] requirement of identified jobs corresponds with the Dictionary of Occupational Titles, and elicit a reasonable explanation for any discrepancy on this point.'" Hackett v. Barnhart, 395 F.3d 1168, 1175 (10
The Court concludes that the Commissioner's decision, that Plaintiff was not disabled within the meaning of the Social Security Act, is supported by substantial evidence of record and is not the result of any legal error which has been brought to the Court's attention.
Therefore, based on the foregoing reasons as well as the Commissioner's opposing memorandum, Plaintiff's Complaint is dismissed and the Commissioner's decision to deny Ms. Wallace's applications for Social Security benefits is affirmed.
IT IS SO ORDERED.
Tr. 23.
Tr. 18-19.