THOMAS M. ROSE, District Judge.
Jennifer Fairchild ("Fairfield") brought this action pursuant to 42 U.S.C. § 405(g) for judicial review of the decision of the Defendant Commissioner of Social Security (the "Commissioner") that she was disabled as of January 19, 2011, but not before. Fairchild argues that she was disabled as of her onset date or, at the very least, April of 2008 when her condition worsened.
On January 9, 2014, United States Magistrate Judge Michael J. Newman entered a Report and Recommendations (doc. # 15) recommending that the Commissioner's decision that Fairchild was disabled as of January 19, 2011, but not before, be affirmed. Fairchild subsequently filed Objections. (Doc. # 16.) The time has run
Fairchild sought financial assistance from the Social Security Administration by applying for Disability Insurance Benefits ("DIB") in April of 2009, and for Supplemental Security Income ("SSI") in October of 2008. Fairchild claimed that she was disabled due to muscle weakness of the upper and lower extremities, headaches, neuropathy with arthritis and depression.
The Commissioner denied Fairchild's application initially and on reconsideration. Administrative Law Judge ("ALJ") Thomas McNichols ("McNichols") held a hearing following which he determined that Fairchild was disabled as of January 19, 2011, but not before. The Appeals Council denied Fairchild's request for review and ALJ McNichols' decision became the Commissioner's final decision. Fairchild then appealed to this Court pursuant to 42 U.S.C. § 405(g).
As required by 28 U.S.C. § 636(b) and Federal Rules of Civil Procedure Rule 72(b), the District Judge has made a de novo review of the record in this case. Based upon the reasoning and citations of authority set forth in the Magistrate Judge's Report and Recommendations (doc. # 15) and in Fairchild's Objections (doc. # 16), as well as upon a thorough de novo review of this Court's file and a thorough review of the applicable law, this Court adopts the aforesaid Report and Recommendations in its entirety and, in so doing affirms the Commissioner's decision that Fairchild is disabled as of January 19, 2011, but not before.
This Court's function is to determine whether the record as a whole contains substantial evidence to support the ALJ's decision. Bowen v. Commissioner of Social Security, 478 F.3d 742, 745-46 (6th Cir.2007). This Court must also determine whether the ALJ applied the correct legal criteria. Id.
Regarding the substantial evidence requirement, the ALJ's findings must be affirmed if they are supported by "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (citing Consolidated Edison Company v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)); Landsaw v. Secretary of Health and Human Services, 803 F.2d 211, 213 (6th Cir.1986). Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Richardson, supra, at 401, 91 S.Ct. 1420; Ellis v. Schweicker, 739 F.2d 245, 248 (6th Cir.1984). Substantial evidence is more than a mere scintilla, but only so much as would be required to prevent a directed verdict (now judgment as a matter of law) against the ALJ/Commissioner if this case were being tried to a jury. Foster v. Bowen, 853 F.2d 483, 486 (6th Cir.1988); NLRB v. Columbian Enameling and Stamping Company, 306 U.S. 292, 300, 59 S.Ct. 501, 83 L.Ed. 660 (1939).
The second judicial inquiry — reviewing the ALJ's legal criteria — may result in reversal even if the record contains substantial evidence supporting the ALJ's factual findings. See Bowen, 478 F.3d at 746. A reversal based on the ALJ's legal criteria may occur, for example, when the ALJ has failed to follow the Commissioner's "own regulations and where that error prejudices a claimant on the merits or deprives the claimant of a substantial right." Bowen, 478 F.3d at 746 (citing in part Wilson v. Commissioner of Social Security, 378 F.3d 541, 546-47 (6th Cir. 2004)).
MICHAEL J. NEWMAN, United States Magistrate Judge.
This is a Social Security disability benefits appeal. Plaintiff was previously granted disability benefits as of January 19, 2011. The limited inquiry in this appeal is whether the Administrative Law Judge ("ALJ") erred in finding Plaintiff not disabled prior to January 19, 2011 and therefore unentitled to Disability Insurance Benefits ("DIB") and/or Supplemental Security Income ("SSI") before that date. This case is before the Court upon Plaintiff's Statement of Specific Errors (doc. 9), the Commissioner's Memorandum in Opposition (doc. 13), Plaintiff's Reply (doc. 14), the administrative record (doc. 7), and the record as a whole.
Plaintiff filed for DIB on April 2, 2009, alleging a disability onset date of June 2, 2007; additionally, Plaintiff filed for SSI on October 3, 2008, alleging a disability onset date of July 23, 2007. PageID 227-32. Plaintiff claims she is disabled due to a number of impairments including, inter alia, muscle weakness of the upper and lower extremities; headaches; neuropathy with arthritis; and depression. PageID 167-71.
After the initial denial of her applications, Plaintiff received a hearing before ALJ Thomas McNichols on March 30, 2011. PageID 83-101. ALJ McNichols issued a partially favorable decision on April 19, 2011, finding Plaintiff disabled with a disability onset date of January 19, 2011. PageID 99. Specifically, ALJ McNichols' findings were as follows:
PageID 85-100 (brackets and footnotes added).
Thereafter, the Appeals Council denied Plaintiff's request for review, making ALJ McNichols' finding — that Plaintiff was disabled as of January 19, 2011, but not before — the final administrative decision of the Commissioner. PageID 59-61; see Casey v. Sec'y of Health & Human Servs., 987 F.2d 1230, 1233 (6th Cir.1993). This timely appeal followed. See Cook v. Comm'r of Soc. Sec., 480 F.3d 432, 435 (6th Cir.2007).
At the administrative hearing, Plaintiff testified before the ALJ that she is 46 years old and weighs 195 pounds. PageID 113-14. Plaintiff lives with her daughter. PageID 114. She has a high school education, completed some college courses, and has cosmetology training. PageID 117. Plaintiff stated she stopped working as a teacher's aide in June 2007, and has not attempted work since. PageID 117-18.
Plaintiff testified that she cannot work due to a number of conditions including, inter alia, a history of seizures; left hip pain; arthritis; depression; and complications due to gastric bypass surgery. PageID 118, 120-21, 123-30, 137-38. Plaintiff testified that she takes medication for seizures, which has controlled the condition and kept her from suffering a seizure in over a year. PageID 118. She has 2 plates and 17 screws in her left hip resulting from a 1995 car accident. Id. Plaintiff stated she suffers from arthritis and bone spurs, and that her hip pain has worsened "over the years." Id. Plaintiff testified that she receives treatment from a pain specialist and sometimes uses a cane for mobilization. PageID 121.
Plaintiff also testified to her mental health issues. PageID 130-33. She stated she suffers from anxiety attacks and "severe depression." PageID 131. Plaintiff attends counseling once every other month, sees a psychiatrist once every three months, and a neurologist twice a year. PageID 132-34, 148-49.
William Bronik, a vocational expert ("VE"), also testified at the hearing. PageID 151-57. The ALJ proposed a series of hypothetical questions involving Plaintiff's RFC to the VE. PageID 152-54. In response to the ALJ's hypothetical questions the VE testified that such a person would retain an RFC for light work with the following limitations: no climbing of ropes, ladders or scaffolds; no crouching; no work on uneven surfaces; no exposure to hazards; only occasional climbing of stairs, balancing, stooping, kneeling, and crawling; low-stress work with no direct interaction with the public; and work limited to simple one- or two-step tasks. PageID 153-55. The VE testified that, although Plaintiff could no longer perform her past relevant work, she could perform 12,000 jobs in the regional economy at the light level, and 3,500 jobs at the sedentary level, for a total of 15,500 positions in the regional economy. PageID 154.
The Court's inquiry on a Social Security appeal is to determine (1) whether the ALJ's non-disability finding is supported by substantial evidence, and (2) whether the ALJ employed the correct legal criteria. 42 U.S.C. § 405(g); Bowen v. Comm'r of Soc. Sec., 478 F.3d 742, 745-46 (6th Cir.2007). In performing this review, the Court must consider the record as a whole. Hephner v. Mathews, 574 F.2d 359, 362 (6th Cir.1978).
Substantial evidence is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). When substantial evidence supports the ALJ's denial of benefits, that finding must be affirmed, even if substantial evidence also exists in the record upon which the ALJ could have found Plaintiff disabled. Buxton v. Halter, 246 F.3d 762, 772 (6th Cir.2001). Thus, the ALJ has a "`zone of choice' within which he can act without the fear of court interference." Id. at 773.
The second judicial inquiry — reviewing the correctness of the ALJ's legal analysis — may result in reversal even if the ALJ's decision is supported by substantial evidence in the record. Rabbers v. Comm'r of Soc. Sec., 582 F.3d 647, 651 (6th Cir.2009). "[A] decision of the Commissioner will not be upheld where the SSA fails to follow its own regulations and where that error prejudices a claimant on the merits or deprives the claimant of a substantial right." Bowen, 478 F.3d at 746.
To be eligible for DIB or SSI, a claimant must be under a "disability" as defined by the Social Security Act. 42 U.S.C. § 423(d)(1)(A). Narrowed to its statutory meaning, a "disability" includes physical and/or mental impairments that are both "medically determinable" and severe enough to prevent a claimant from (1) performing his or her past job and (2) engaging in "substantial gainful activity" that is available in the regional or national economy. Id.
Administrative regulations require a five-step sequential evaluation for disability determinations. 20 C.F.R. § 404.1520(a) (4). Although a dispositive finding at any step ends the ALJ's review, see Colvin v. Barnhart, 475 F.3d 727, 730 (6th Cir.2007), the complete sequential review poses five questions:
20 C.F.R. § 404.1520(a)(4); see also Miller v. Comm'r of Soc. Sec., 181 F.Supp.2d 816, 818 (S.D.Ohio 2001). A claimant bears the ultimate burden of establishing that he or she is "disabled" under the Social Security Act's definition. Key v. Callahan, 109 F.3d 270, 274 (6th Cir.1997).
Once a finding of disability is made, the ALJ must determine the onset date of disability. Key, 109 F.3d at 274. "The onset date of disability is the first day an individual is disabled as defined by the [Social Security] Act and the regulations." SSR 83-20, 1983 WL 31249, at *1. Factors relevant in determining the onset date of disability include the claimant's allegations, work history, and medical evidence of record. Id. The Commissioner is to evaluate these factors together when arriving at the onset date. Id.; see also McClanahan v. Comm'r of Soc. Sec., 474 F.3d 830, 835 (6th Cir.2006).
On appeal, Plaintiff challenges the established disability onset date of January 19, 2011. PageID 1582. In support of her argument that the ALJ should have chosen an earlier onset date, Plaintiff argues the ALJ erred by: (1) failing to give proper weight to the opinions of her treating physicians; (2) failing to consider her impairments in combination; and (3) failing to correctly assess her credibility and in-person presentation at the administrative hearing. PageID 1594-1601. For the reasons that follow, the Court disagrees.
In assessing the medical evidence supporting a claim for disability benefits, the opinions of treating physicians are generally entitled to controlling weight. Blakley v. Comm'r of Soc. Sec., 581 F.3d 399, 406 (6th Cir.2009). Nevertheless, a treating physician's statement —
Plaintiff argues the ALJ erred by not giving controlling weight to the opinions of her treating physicians, K.B. Reddy, M.D. and Deborah Miller, M.D.; and her clinical social worker, Randi Rothman, M.S.W., L.S.W.
Plaintiff began treatment with Dr. Reddy at the Dayton Pain Center on April 8, 2008. PageID 1517. Thereafter, Dr. Reddy administered various treatments related to Plaintiff's hip and arthritis pain. See PageID 544-59, 1518. Progress notes from Dr. Reddy show decreased lumbar spine movement, general antalgic gait, and pain in the hip and sacroiliac joints. PageID 544-59. However, such records do not provide an RFC assessment before January 19, 2011. See, e.g., progress note dated March 18, 2009 at PageID 1108 (no RFC finding); progress note dated April 15, 2009 at PageID 1161 (no RFC finding); progress note dated July 16, 2009 at PageID 1086 (no RFC finding). In December 2010, a few weeks prior to the established disability onset date, Dr. Reddy diagnosed Plaintiff with myofascial pain syndrome.
Dr. Miller served as Plaintiff's primary care physician from 2007 onward. PageID 1211. On April 8, 2010, Dr. Miller completed a Basic Medical Form for the Ohio Department of Job and Family Services.
Social worker, Randi Rothman, began a treatment relationship with Plaintiff in 2008, treating Plaintiff for anxiety and depression. PageID 1385. In response to a request for Plaintiff's RFC, Ms. Rothman opined in June 2010 that Plaintiff would have difficulty performing several workrelated activities, but ultimately concluded that Plaintiff displayed only "moderate" restrictions of activities of daily living; "moderate" difficulties in maintaining social functioning; and "moderate" deficiencies in concentration, persistence, and pace.
The ALJ's decision to adopt Dr. Reddy's assessment (and thus the January 19, 2011 disability onset date) is supported by substantial evidence. The ALJ engaged in a careful review of the record to ascertain whether Plaintiff's medical history supported a finding of disability prior to January 19, 2011. McClanahan, 474 F.3d at 835. In doing so, the ALJ cited treatment notes from Dr. Reddy that reported normal assessments of Plaintiff's capabilities, and only moderate impairments, prior to Dr. Reddy's January 19, 2011 disability determination. See PageID 545, 1105, 1130. The ALJ gave Dr. Reddy's opinion appropriate weight as Plaintiff's treating physician. McClanahan, 474 F.3d at 839-40 (holding a treating physician's examination date is an appropriate disability onset when the overall evidence of record supports a nondisability finding before that date).
In his opinion, the ALJ reasonably pointed to assessments from both treating and examining physicians of Plaintiff's capabilities — demonstrating a full range of motion, no swelling, and normal gait and coordination — in the time period preceding Plaintiff's January 19, 2011 disability onset. See, e.g., PageID 442, 893-94, 1186, 1222, 1415, 1509. This evidence includes a June 2009 report, ordered by Dr. Reddy at Miami Valley Hospital, that found Plaintiff had "normal alignment with good preservation of disk space height," as well as a March 2010 assessment by radiologist William Protzer, M.D. finding Plaintiff's muscle strength was a "4+/5" and reporting her coordination, station, and gait as normal. PageID 1222, 1186.
Additionally, Plaintiff argues that Dr. Miller's RFC finding (and suggestion of an earlier onset date than January 19, 2011) is entitled to greater deference. PageID 1597. The Court disagrees. While the opinion of a treating physician is normally entitled to deference, the ALJ may refuse to grant controlling deference if the ALJ provides good reasons for doing so. Wilson, 378 F.3d at 544. The ALJ relied upon substantial evidence in finding Dr. Miller's opinion "is not entitled to controlling or deferential weight under the Regulations" and "is inconsistent with the other substantial evidence of record." PageID
Finally, Plaintiff argues the ALJ erred in rejecting the opinion of Ms. Rothman as Plaintiff's treating source. PageID 1598. However, the ALJ states that he gave "some weight to the opinions of the claimant's treating sources at TCN [Plaintiff's mental health clinic]." PageID 97. The ALJ relied on the progress notes and June 2010 assessment by Ms. Rothman in making his determination. Id. He reasonably and correctly stated that her "assessment that the claimant experiences no more than moderate impairment in the major areas of work-related mental functioning are consistent with and supported by the objective findings." Id. The ALJ also adequately assessed and afforded some deference to the conclusions of Ms. Rothman in establishing Plaintiff's disability onset date, as far as these conclusions were consistent with the overall evidence of record. Blakley, 581 F.3d at 406 (holding that it is improper to give an opinion controlling weight simply because it is the opinion of a treating source if the opinion is inconsistent with other substantial evidence of record). The ALJ provided good reasons for not granting complete deference to Ms. Rothman's responses — namely, that Plaintiff's condition was assessed as stable and/or under control on multiple occasions by Ms. Rothman; Ms. Rothman only assessed Plaintiff as having moderate impairments; and Plaintiff had never been psychiatrically hospitalized. Wilson, 378 F.3d at 544; PageID 97. The ALJ's opinion regarding Ms. Rothman's assessment is therefore supported by substantial evidence.
The Social Security Act requires that all impairments, regardless of their severity, be considered in combination. 42 U.S.C. § 423(d)(2)(B); see also 20 C.F.R. § 404.1523. The Sixth Circuit has held that disability may result from multiple impairments which, when considered alone, would not constitute a disability. Loy v. Sec'y of H.H.S., 901 F.2d 1306, 1310 (6th Cir.1990).
A review of the ALJ's opinion demonstrates that he discussed the effects of Plaintiff's impairments separately and in combination when formulating his disability determination. PageID 83-100. The Court notes that the ALJ consistently referred to Plaintiff's impairments and symptoms in the plural, and referred to her combination of impairments in determining that she was disabled as of January 19, 2011. See, e.g., PageID 89 ("After careful consideration of the evidence, the undersigned finds that the claimant's medically-determinable impairments could reasonably be expected to cause some of the alleged symptoms"). The ALJ also referred to both Plaintiff's physical and mental impairments discussed by Dr. Reddy in her assessment as support for the conclusion that Plaintiff was disabled as of January
Finally, there was no error in the ALJ's credibility analysis. PageID 94-97. It is for the ALJ, and not the reviewing Court, to evaluate Plaintiff's credibility. Rogers v. Comm'r of Soc. Sec., 486 F.3d 234, 237 (6th Cir.2007). Accordingly, an ALJ's credibility findings are entitled to considerable deference and should not be lightly discarded. Casey v. Sec'y of H.H.S., 987 F.2d 1230, 1234 (6th Cir.1993). The Court is "limited to evaluating whether or not the ALJ's explanations for partially discrediting [a claimant] are reasonable and supported by substantial evidence in the record." Jones v. Comm'r of Soc. Sec., 336 F.3d 469, 476 (6th Cir.2003).
During the hearing, Plaintiff testified that she could do an array of household chores, care for herself, and visit with friends and family. PageID 139-47. Additionally, the ALJ observed that Plaintiff was "able to closely and fully attend the hearing proceedings .... [She] appeared to have no difficulty sitting or rising, and did not appear to be in pain or any other distress." PageID 94. The ALJ also cited proof in the administrative record of Plaintiff's social activities in making his credibility determination. These included Plaintiff reporting that she had driven to Cincinnati in May 2009, weeded her garden in May 2010, went out with friends in June 2010, and attended a cookout in October 2010, among others. PageID 1264, 1420, 1534, 1543.
The ALJ's determination — that Plaintiff's allegations were inconsistent — is reasonable and supported by substantial evidence. The ALJ provided sound reasoning for partially discrediting Plaintiff. See PageID 94; Walters v. Comm'r of Soc. Sec., 127 F.3d 525, 531 (6th Cir.1997) (noting that an ALJ may consider "household and social activities engaged in by the claimant" in evaluating a claimant's credibility). Plaintiff's credibility may properly be discounted to "a certain degree ... where an [ALJ] finds contradictions among the medical reports, claimant's testimony, and other evidence." Id. at 531. In this case, the ALJ found Plaintiff's testimony only somewhat credible. The Court finds the ALJ's assessment and credibility analysis supported by substantial evidence.
It is not the Court's role to sift through the facts and make a de novo determination regarding the onset of a claimant's disability. The ALJ, not the Court, is the finder of fact. Siterlet v. Sec'y of H.H.S., 823 F.2d 918, 920 (6th Cir.1987). So long as the Commissioner's decision is supported by substantial evidence, it must be affirmed. 42 U.S.C. § 405(g); Richardson, 402 U.S. at 401, 91 S.Ct. 1420. If substantial evidence supports the ALJ's resolution of the disputed facts, the Court must affirm the ALJ even if the Court would have resolved the disputed facts in Plaintiff's favor had it been the trier of fact. Nunn v. Bowen, 828 F.2d 1140, 1144 (6th Cir.1987).
Dated: Jan. 9, 2013.
Pursuant to Fed.R.Civ.P. 72(b), any party may serve and file specific, written objections to the proposed findings and recommendations within
