MONTE C. RICHARDSON, Magistrate Judge.
This cause is before the Court on Plaintiff's appeal of an administrative decision denying her application for Social Security benefits. The Court has reviewed the record, the briefs, and the applicable law. For the reasons set forth herein, the Commissioner's decision is
Plaintiff filed applications for a period of disability, Disability Insurance Benefits ("DIB"), and Supplemental Security income ("SSI") on November 22, 2006, alleging a period of disability beginning April 15, 2006. (Tr. 140-41,142-45). The claims were denied administratively and Plaintiff filed a request for a hearing before an Administrative Law Judge ("ALJ") on September 23, 2008. (Tr. 7). On April 19, 2010, a hearing was held before the Honorable Aaron Morgan. (Tr. 29-66). On June 11, 2010, the ALJ issued a decision finding Plaintiff not disabled. (Tr. 12-22). The Appeals Council ("AC") denied Plaintiff's request for review. (Tr. 1-4). Having exhausted all administrative remedies, Plaintiff filed her timely Complaint on June 24, 2011 (Doc. 1), seeking judicial review of the ALJ's final decision.
Plaintiff claimed to be disabled since April 15, 2006, as a result of anxiety and syncope. (Tr. 71, 142).
Plaintiff was 43 years of age at the time the ALJ conducted the April 19, 2010 administrative hearing. (Tr. 34). Plaintiff has a high school diploma and past relevant work experience as a corrections officer.
As this appeal deals only with Plaintiff's mental impairments, the Court will limit its discussion to the medical evidence regarding such impairments.
On November 29, 2005, Plaintiff began receiving treatment from John M. Rotondi, Ph.D. on a bi-weekly basis for panic attacks. (Tr. 412). On May 25, 2006, Dr. Rotondi completed a Medical Examination Form in support of Plaintiff's Application for Disability Retirement. (Tr. 396-97). Dr. Rotondi noted Plaintiff's symptoms included: severe anxiety, depression, and phobia rendering her unable to return to work. (Tr. 397). Dr. Rotondi also found Plaintiff's Posttraumatic Stress Disorder ("PTSD") had impaired her cognitive abilities and as a result, she could no longer perform the duties of a corrections officer. (Tr at 397). S.M. Nasta, M.D., Plaintiff's family practitioner, also completed a Medical Examination Form in support of Plaintiff's application for Disability Retirement. (Tr. 394-95). Dr. Nasta noted Plaintiff's symptoms of severe anxiety, depression, and phobias lead to impaired decision making and judgments. Further, Dr. Nasta observed Plaintiff was no longer able to perform the duties of a corrections officer. (Tr. 395).
On September 15, 2006, Robert T. Latimer, M.D. evaluated Plaintiff and completed a psychiatric evaluation. (Tr. 405-07). Dr. Latimer stated, that in his opinion "[Plaintiff] was not fit to discharge her duties as a Correction's Officer and probably should not be involved in any area of Law Enforcement." (Tr. 407). Dr. Latimer found Plaintiff to be "totally and permanently disabled from her job," and opined that her condition was "related to the incident she experienced on 4/18/05." (Tr. 407).
On December 5, 2006, Dr. Rotondi completed a psychiatric report regarding Plaintiff. (Tr. 412-17). Dr. Rotondi noted Plaintiff's concentration was somewhat impaired, her memory was satisfactory, and her judgment was impaired by her high level of anxiety. (Tr. 413). Dr. Rotondi further noted Plaintiff's understanding, memory, sustained concentration, and persistence were limited by anxiety and her social interaction was limited by a fear of crowds. (Tr. 415).
On March 27, 2006, at the request of Plaintiff, Dr. Rotondi provided an update on Plaintiff's condition to her counsel, which listed a diagnosis of PTSD. (Tr. 451). Dr. Rotondi noted Plaintiff's treatment consisted of biofeedback training as well as cognitive behavioral psychotherapy. (Tr. 451). Dr. Rotondi further remarked "with all her treatment to date, [Plaintiff] [had] made some progress regarding symptom reduction but her prognosis for full recovery [was] guarded." (Tr. 451-52).
On August 20, 2008, Plaintiff was interviewed and evaluated by Denise Verones, Ph.D., at the request of Disability Determination Services. During the interview, Plaintiff noted she was attacked by an inmate while working as a corrections officer in New Jersey. (Tr. 448). Plaintiff further stated she was diagnosed with anxiety in 2005 and was treated with medication, however, she had since run out of medication and had not sought treatment since moving to Florida in 2007. (Tr. 447, 450). Plaintiff further stated she slept a lot and she had alienated herself from her friends and family since the attack. (Tr. 449). In her evaluation, Dr. Verones observed Plaintiff drove herself to the interview, was appropriately dressed, and did not display any unusual behaviors. (Tr. 447). Dr. Verones also mentioned Plaintiff's affect was "appropriate to the situation;" Plaintiff's thought processes were "logical and coherent" at the time of the interview; Plaintiff understood why she was being interviewed; and was "oriented to person, place, and time." (Tr. 447-48). Dr. Verones further indicated Plaintiff was unable to recall 6 out of 6 digits forward however, Plaintiff was able to accurately count backwards from 20, she could count by 3s to 18, she was able to recall what she ate the morning of the interview, and she was able to report a recent news story of national interest. (Tr. 449). Finally, Dr. Verones asserted that there was no evidence of delusions, hallucinations, or psychotic thinking, and Plaintiff's judgment appeared to be "fair." (Tr. 449). Dr. Verones diagnosed Plaintiff with PTSD, obesity, stress related syncope, memory loss, and assigned Plaintiff a GAF score of 45.
(Tr. 450).
On September 3, 2008, Steven Wise, Psy.D., a medical consultant for Disability Determination Services, reviewed the record of evidence and completed a Mental Residual Function Capacity Assessment ("Mental RFC"). Dr. Wise concluded:
(Tr. 474).
A plaintiff is entitled to disability benefits when she is unable to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to either result in death or last for a continuous period of not less than 12 months. 42 U.S.C. §§ 416(i), 423(d)(1)(A); 20 C.F.R. § 404.1505. The ALJ must follow five steps in evaluating a claim of disability.
In this case, the ALJ determined Plaintiff met the nondisability requirements of the Act and was insured for benefits through December 31, 2011. (Tr. 14). At step one, the ALJ found Plaintiff had not engaged in substantial gainful activity since her alleged onset date of April 15, 2006. (Tr. 14). At step two, the ALJ found Plaintiff had the following severe impairments: PTSD, back pain, and obesity. (Tr. 14-15). At step three, the ALJ determined Plaintiff did not have an impairment or combination of impairments that met or medically equaled one of the impairments listed in 20 C.F.R. Part 404, Subpart P, Appendix 1. (Tr. 15-16).
The ALJ further determined Plaintiff retained the RFC to perform less than the full range of light work as defined in §§ 404.1567(b) and 416.967(b). (Tr. 16-20). Specifically, the ALJ found Plaintiff was able to:
(Tr. 16). In making this determination, the ALJ found Plaintiff's impairments could reasonably be expected to produce the alleged symptoms. (Tr. 19). However, he found Plaintiff's assertions concerning the intensity, persistence, and limiting effects of her alleged symptoms were not entirely credible to the extent they were inconsistent with the RFC assessment. (Tr. 19).
At step four, the ALJ utilized the testimony of a Vocational Expert ("VE") during the hearing to determine if Plaintiff could perform any of her past relevant work. (Tr. 20, 58). The VE explained Plaintiff could not perform any of her past work. (Tr. 60). Accordingly, the ALJ proceeded to step five and asked the VE whether Plaintiff could perform other work existing in the national economy. (Tr. 60). The VE testified Plaintiff could perform occupations such as Office Helper, Mail Clerk, Marker, and Surveillance-System Monitor. (Tr. 60-61). Therefore, the ALJ found Plaintiff was not disabled within the meaning of the Social Security Act. (Tr. 22).
The scope of this Court's review is limited to determining whether the ALJ applied the correct legal standards,
Where the Commissioner's decision is supported by substantial evidence, the district court will affirm, even if the reviewer would have reached a contrary result as finder of fact, and even if the reviewer finds that the evidence preponderates against the Commissioner's decision.
The district court will reverse a Commissioner's decision on plenary review, however, if the decision applies incorrect law, or if the decision fails to provide the district court with sufficient reasoning to determine the Commissioner properly applied the law.
Plaintiff raises two issues in this appeal. Plaintiff argues the ALJ erred by improperly discounting the opinion of an examining physician and instead relying on the opinion of a non-examining doctor. (Doc. 14 at 4). Additionally, Plaintiff claims the ALJ erred by not properly including the limitation of "mild difficulty" in the areas of: concentration, persistence, or pace in the hypothetical to the VE. (Doc. 14 at 8).
In response, the Commissioner argues the ALJ properly evaluated the opinions of all physicians and gave them appropriate weight. (Doc. 15 at 5). Further, the Commissioner argues the ALJ's hypothetical to the VE accurately reflected Plaintiff's limitations and Plaintiff failed to prove she could not perform the jobs cited by the VE. (Doc. 15 at 10-11).
Plaintiff contends the ALJ erred by giving more weight to Dr. Wise, a non-examining state agency medical psychologist, and discounting the opinions of examining physicians Dr. Latimer, a psychologist, and Dr. Rotondi, a psychiatrist. (Doc. 14 at 5-6). Specifically, Plaintiff suggests the ALJ discounted the opinions because, while both Drs. Latimer and Rotondi indicated Plaintiff could not return to her work as a correctional officer, neither doctor indicated Plaintiff retained the ability to perform other work. (Doc. 14 at 6). Furthermore, Plaintiff argues the ALJ discounted the opinion of Dr. Verones, a psychologist who, after examining Plaintiff once, indicated Plaintiff was incapable of managing the demands of any job. (Doc. 24 at 6).
Social security regulations require an ALJ evaluating medical opinion evidence to consider a variety of factors, including: the examining and treatment relationships, the specialization of the person giving the opinion, and how well the record supports the opinion in question.
In this case, the ALJ considered the opinions of multiple examining physicians as well as the opinions of non-examining physicians.
In assessing Dr. Rotondi's and Dr. Latimer's opinion, the ALJ stated:
(Tr. 20). Since the opinions of Drs. Rotondi and Latimer do not contradict the opinion of Dr. Wise, conflict with the medical evidence of record, or conflict with the RFC, the ALJ did not commit any error in his treatment of them.
Also, while not specifically stated in the opinion, the ALJ afforded the appropriate amount of weight to the opinion of Dr. Nasta. In the assessment he completed, Dr. Nasta did not indicate Plaintiff was unable to perform work limited to simple, routine, repetitive tasks. As with Drs. Rotondi and Latimer, Dr. Nasta indicated only that Plaintiff could not return as a corrections officer. Again, since the opinion of Dr. Nasta did not contradict the opinions of Drs. Latimer, Rotondi, or Wise, conflict with the medical evidence of record, or the RFC, the ALJ properly considered and assessed it.
Finally, the ALJ's decision not to afford weight to Dr. Verone's determination of disability was not error. First, in accordance with 20 C.F.R. § 404.1527(e)(1), the ALJ correctly noted "determinations of disability . . . are reserved to the Commissioner and are not within the competence of physicians."
For the foregoing reasons, the Court finds that the ALJ articulated adequate reasons showing good cause for discounting Dr. Verones's notation "[Plaintiff] is incapable of managing the demands of any job" and said reasons are supported by substantial evidence. Furthermore, the ALJ appropriately articulated adequate reasons showing good cause for the weight he afforded to the opinions of Drs. Wise, Latimer, Nasta, and Rotondi.
Plaintiff also argues the ALJ erred by not properly including the limitation of "mild difficulty" in the areas of concentration, persistence, or pace in the hypothetical to the VE. (Doc. 14 at 8).
At step five of the process of evaluating a claim of disability, the burden shifts to the Commissioner to prove the existence of other jobs in the national economy that the plaintiff can perform.
In this case, the ALJ's hypothetical question adequately accounted for Plaintiff's limitation in concentration, persistence, and pace. In this proceeding, the ALJ presented the following hypothetical to the VE:
(Tr. 59-60). By including in the hypothetical a limitation of "simple, routine repetitive tasks," the ALJ adequately accounted for restrictions related to concentration, persistence, and pace since the medical evidence demonstrated Plaintiff's ability to perform the tasks.
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In the instant case, there is medical evidence from Dr. Wise and statements from Plaintiff supporting the conclusion that Plaintiff can complete simple tasks and follow simple instructions which the ALJ properly used to form an "accurate and logical bridge." Therefore, this Court finds the ALJ did not err and the hypothetical posed to the VE properly reflected all of Plaintiff's limitations.
For the foregoing reasons, the Commissioner's decision is hereby