DANIEL C. IRICK, Magistrate Judge.
Tammy Lawson (Claimant) appeals to the District Court from a final decision of the Commissioner of Social Security (the Commissioner) denying her applications for disability insurance benefits and supplemental security income benefits. Doc. 1; R. 1-7, 206-18. Claimant argued that the Administrative Law Judge (the ALJ) erred by: 1) "failing to adequately weigh and consider the opinion of the [C]laimant's treating physicians and failing to adequately consider all of the pertinent evidence;" and 2) posing a hypothetical to the Vocational Expert that did not accurately reflect Claimant's limitations. Doc. 18 at 2-3. For the reasons set forth below, the Commissioner's final decision is
"In Social Security appeals, [the court] must determine whether the Commissioner's decision is `supported by substantial evidence and based on proper legal standards.'" Winschel v. Comm'r of Soc. Sec., 631 F.3d 1176, 1178 (11th Cir. 2011) (citations omitted). The Commissioner's findings of fact are conclusive if supported by substantial evidence. 42 U.S.C. § 405(g). Substantial evidence is more than a scintilla — i.e., the evidence must do more than merely create a suspicion of the existence of a fact, and must include such relevant evidence as a reasonable person would accept as adequate to support the conclusion. Foote v. Chater, 67 F.3d 1553, 1560 (11th Cir. 1995) (citing Walden v. Schweiker, 672 F.2d 835, 838 (11th Cir. 1982) and Richardson v. Perales, 402 U.S. 389, 401 (1971)). 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. Edwards v. Sullivan, 937 F.2d 580, 584 n.3 (11th Cir. 1991); Barnes v. Sullivan, 932 F.2d 1356, 1358 (11th Cir. 1991). The Court must view the evidence as a whole, taking into account evidence favorable as well as unfavorable to the decision. Foote, 67 F.3d at 1560. The District Court "`may not decide the facts anew, reweigh the evidence, or substitute [its] judgment for that of the [Commissioner].'" Phillips v. Barnhart, 357 F.3d 1232, 1240 n.8 (11th Cir. 2004) (quoting Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir. 1983)).
At step four of the sequential evaluation process, the ALJ assesses the claimant's residual functional capacity (RFC) and ability to perform past relevant work. Phillips, 357 F.3d at 1238. "The residual functional capacity is an assessment, based upon all of the relevant evidence, of a claimant's remaining ability to do work despite his impairments." Lewis v. Callahan, 125 F.3d 1436, 1440 (11th Cir. 1997). The ALJ is responsible for determining the claimant's RFC. 20 C.F.R. §§ 404.1546(c); 416.946(c). In doing so, the ALJ must consider all relevant evidence, including, but not limited to, the medical opinions of treating, examining, and non-examining medical sources. 20 C.F.R. §§ 404.1545(a)(1), (3); 416.945(a)(1), (3); Rosario v. Comm'r of Soc. Sec., 877 F.Supp.2d 1254, 1265 (M.D. Fla. 2012).
The weighing of treating, examining, and non-examining physicians' opinions is an integral part of steps four and five of the sequential evaluation process. In Winschel v. Comm'r of Soc. Sec., 631 F.3d 1176 (11th Cir. 2011), the Eleventh Circuit stated that "`Medical opinions are statements from physicians and psychologists or other acceptable medical sources that reflect judgments about the nature and severity of [the claimant's] impairment(s), including [the claimant's] symptoms, diagnosis and prognosis, what [the claimant] can still do despite impairment(s), and [the claimant's] physical or mental restrictions.'" Id. at 1178-79 (quoting 20 C.F.R. § 404.1527(a)(2)) (alterations in original). "[T]he ALJ must state with particularity the weight given to different medical opinions and the reasons therefor." Id at 1179 (citing Sharfarz v. Bowen, 825 F.2d 278, 279 (11th Cir. 1987)). "In the absence of such a statement, it is impossible for a reviewing court to determine whether the ultimate decision on the merits of the claim is rational and supported by substantial evidence." Id. (quoting Cowart v. Schwieker, 662 F.2d 731, 735 (11th Cir. 1981)).
The ALJ must consider a number of factors in determining how much weight to give each medical opinion, including: 1) whether the physician has examined the claimant; 2) the length, nature, and extent of the physician's relationship with the claimant; 3) the medical evidence and explanation supporting the physician's opinion; 4) how consistent the physician's opinion is with the record as a whole; and 5) the physician's specialization. 20 C.F.R. §§ 404.1527(c); 416.927(c). A treating physician's opinion must be given substantial or considerable weight, unless good cause is shown to the contrary. Winschel, 631 F.3d at 1179; see also 20 C.F.R. §§ 404.1527(c)(2); 416.927(c)(2) (giving controlling weight to the treating physician's opinion unless it is inconsistent with other substantial evidence). "Good cause exists when the: (1) treating physician's opinion was not bolstered by the evidence; (2) evidence supported a contrary finding; or (3) treating physician's opinion was conclusory or inconsistent with the doctor's own medical records." Winschel, 631 F.3d at 1179 (quotation marks omitted).
Here, Claimant first argued that "the ALJ failed to state the weight he assigned to any of [Claimant's] treating/examining physician." Doc. 18 at 12. However, Claimant did not specifically cite to a treating physician or purported medical opinion that the ALJ purportedly failed to weigh.
Regardless, to the extent that Claimant was arguing that the ALJ failed to weigh the purported medical opinions contained within the medical records of Dr. Evans E. Amune, Dr. Stephane Lavoie, and Dr. Royce Hood, the Court finds that any such failure was harmless. The Court has reviewed the medical records of Dr. Amune, Dr. Lavoie, and Dr. Hood, and to the extent the records cited to by Claimant contained any medical opinions, such medical opinions did not directly contradict the ALJ's RFC determination, which provided as follows:
R. 28. Therefore, the ALJ's purported failure to weigh any such purported medical opinions was harmless error.
Claimant's second argument was that the ALJ erred by assigning persuasive weight to the opinion of Dr. Robert Steele.
The Commissioner argued that the ALJ did not err by assigning persuasive weight to Dr. Steele's opinion. Doc. 19 at 4-12. Specifically, the Commissioner argued that the ALJ was aware that Dr. Steele had reviewed Claimant's medical records in April 2012, and that the ALJ specifically discussed and considered Claimant's medical records from Dr. Amune, Dr. Lavoie, and Dr. Hood. Id.
In his decision, the ALJ noted that Dr. Steele was a non-examining State agency medical consultant that reviewed Claimant's medical records in April 2012. R. 33. After having previously discussed in his decision Claimant's medical records that post-dated April 2012 (including Claimant's medical records from Dr. Amune and Dr. Hood), the ALJ then found that Dr. Steele's medical assessment was generally consistent with the medical evidence of record as a whole, and determined that Dr. Steele's opinion was entitled to persuasive weight.
Upon review of the record, the Court finds that the ALJ's decision to give persuasive weight to Dr. Steele's opinion was supported by substantial evidence. In finding that Dr. Steele's opinion was generally consistent with the record as a whole and was entitled to persuasive weight, the ALJ noted the fact that Dr. Steele had "particularly noted the claimant's physical exams' results and relevant diagnostic findings . . .; and [had] referenced the claimant's pertinent medical history, subjective complaints, and treatment records received from treating physicians/medical specialists." Id. Nothing contained in the medical records that post-dated April 2012 was of such significance as to render erroneous the ALJ's determination that Dr. Steele's opinion was generally consistent with the medical evidence of record as a whole.
Moreover, even to the extent that Dr. Steele's opinion was rendered errant by the medical records that post-dated April 2012, the ALJ's decision to assign Dr. Steele's opinion persuasive weight would have been harmless error. The ALJ did not adopt Dr. Steele's opinion wholesale.
At step five of the sequential evaluation process, once the claimant has proven that the claimant can no longer perform past relevant work, the burden shifts to the Commissioner "to show the existence of other jobs in the national economy which, given the claimant's impairments, the claimant can perform." Jones v. Apfel, 190 F.3d 1224, 1228-30 (11th Cir. 1999) (quoting Hale v. Bowen, 831 F.2d 1007, 1011 (11th Cir. 1987)). An ALJ may rely on the testimony of a VE in determining whether the claimant can perform other jobs in the national economy. Id. at 1229. The ALJ is required to pose hypothetical questions that are accurate and that include all of the claimant's functional limitations. Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985). However, the ALJ need not include "each and every symptom" of the claimant's impairments, Ingram v. Comm'r of Soc. Sec. Admin., 496 F.3d 1253, 1270 (11th Cir. 2007), or medical "findings. . . that the ALJ . . . properly rejected as unsupported" in the hypothetical question, Crawford v. Comm'r of Soc. Sec., 363 F.3d 1155, 1161 (11th Cir. 2004). Where the ALJ relies on the VE's testimony at step five, but fails to include all the claimant's functional limitations in the hypothetical question, the final decision is not supported by substantial evidence. Pendley, 767 F.2d at 1562 (quoting Brenem v. Harris, 621 F.2d 688, 690 (5th Cir. 1980)).
Here, Claimant argued that the ALJ improperly relied on the testimony of the VE after posing a hypothetical question that did not adequately reflect Claimant's limitations. Doc. 18 at 15-18. Claimant's entire argument was premised upon the fact that the ALJ's RFC determination was not supported by substantial evidence.
For the reasons stated above, it is
1. The final decision of the Commissioner is
2. The Clerk is directed to enter judgment for the Commissioner and close the case.