DAVID C. NORTON, District Judge.
This matter is before the court on United States Magistrate Judge Mary Gordon Baker's Report and Recommendation ("R&R") recommending that this court affirm Acting Commissioner of Social Security Nancy A. Berryhill's (the "Commissioner") decision denying plaintiff Albert Darnell Alexander, III's ("Alexander") application for disability insurance benefits ("DIB") and social security insurance benefits ("SSI"). For the reasons set forth below, the court adopts the R&R, and affirms the Commissioner's decision.
Alexander filed an application for SSI and DIB on October 14, 2011. Tr. 27. In each application, Alexander alleged disability beginning November 16, 2008 (the "alleged onset date").
On December 18, 2015, Alexander filed this action seeking judicial review of the ALJ's decision. The magistrate judge issued the R&R on January 19, 2017, recommending that this court affirm the ALJ's decision. Alexander filed objections to the R&R on January 27, 2017, and the Commissioner responded to Alexander's objections on February 3, 2017. The matter is now ripe for the court's review.
Because Alexander's medical history is not directly at issue here, the court dispenses with a lengthy recitation thereof and instead notes a few relevant facts. Alexander was born on August 18, 1965 and was 43 years old on the alleged onset date. Tr. 40. He communicates in English and has a high school education. Tr. 40-41
The ALJ employed the statutorily required five-step sequential evaluation process to determine whether Alexander had been under a disability since the alleged onset date. The ALJ first determined that Alexander had not engaged in substantial gainful activity during the relevant period. Tr. 30. At step two, the ALJ found that Alexander suffered from the following severe impairments: a neck disorder, headaches/head pain, a back disorder, attention deficit hyperactivity disorder ("ADHD"), and depression.
This court is charged with conducting a
Judicial review of the Commissioner's final decision regarding disability benefits "is limited to determining whether the findings of the [Commissioner] are supported by substantial evidence and whether the correct law was applied."
Alexander argues that the RFC is not supported by substantial evidence, making two specific objections to the R&R: (1) the ALJ's reliance on his own lay opinion rather than competent medical advice in formulating the RFC should be rejected, and (2) the ALJ's assessment of Alexander's chronic sinusitis should be rejected.
First, Alexander argues that "it appears the ALJ relied on his own lay opinion rather than competent medical evidence when making the RFC determination." ECF No. 20 at 10. It is unclear what portion of the ALJ's decision Alexander is drawing upon to support this conjecture. Non-examining state agency medical consultant William Cain, M.D. ("Dr. Cain") opined on Alexander's physical functioning, finding that as of December 2012 Alexander was capable of medium exertional work activity with occasional climbing of ladders, ropes, and scaffolds. Tr. 39. Alexander contends that Dr. Cain was the sole physician who opined on Alexander's physical functional capacity, and that the ALJ did not rely on Dr. Cain's opinion when making his determination on Alexander's RFC. ECF No. 20 at 11. However, a review of the ALJ's decision reveals that this conjecture is just that—a conjecture. The ALJ not only gave some weight to Dr. Cain's opinion, the ALJ in fact reduced Alexander's RFC to light exertional work after taking into account Dr. Cain's opinion in conjunction with Alexander's medical records that documented a worsening of his degenerative disc disease and associated pain symptoms. Tr. 39. The court finds this analysis sufficient.
Alexander also appears to object to the ALJ's formulation of his RFC on the ground that there is no medical opinion giving an assessment of Alexander's functioning for the time period between December 20, 2012—when Dr. Cain gave his opinion that Alexander was capable of medium exertional work activity—and the April 4, 2014 decision of the ALJ. ECF No. 23 at 2. However, Alexander does not point to—and the court was unable to find—any in-circuit precedent that an ALJ must order multiple recurring examinations of a claimant in the period immediately preceding the ALJ's decision on a claimant's RFC. Indeed, an ALJ is not required to obtain a medical opinion at all to assist in reaching an RFC where there is sufficient evidence in the record for a decision. 20 C.F.R. §§ 404.1546, 416.946. Here, two state agency physicians opined on Alexander's RFC—Dr. Isabella McCall, M.D. ("Dr. McCall") reviewed Alexander's medical records and assessed his functional abilities on March 19, 2012, and Dr. Cain echoed Dr. McCall's opinion in his December 20, 2012 opinion. The ALJ is under no obligation to order an interminable series of assessments on claimant's physical functioning. The court agrees with the R&R that the ALJ properly based his RFC findings on Alexander's subjective complaints, the objective medical evidence, and the medical opinion evidence. ECF No. 22 at 14. To the extent that Alexander intended to specifically object to the ALJ's RFC formulation on the ground that the time gap renders the RFC erroneous, this objection is meritless. If Alexander had made a cogent argument that his physical functioning significantly changed between December 2012 and April 2014 and the ALJ failed to account for this change in formulating the RFC, perhaps the court would reach a different conclusion. Since he has not, the court declines Alexander's invitation to reweigh the evidence before the ALJ.
Second, Alexander argues that the RFC determination is not supported by substantial evidence because there is no indication that the ALJ considered the effect of Alexander's chronic sinus problem on his headaches, and thus his overall workrelated functioning. ECF No. 20 at 10. As an initial matter, an ALJ need not refer to every piece of evidence in his decision.
While Alexander may disagree with the ALJ's assessment, it is not the province of this court to re-weigh conflicting evidence, to make credibility determinations, or to substitute its judgment for that of the Commissioner.
Based on the foregoing, the court