ANDREW P. RODOVICH, Magistrate Judge.
This matter is before the court on the petition for judicial review of the decision of the Commissioner filed by the plaintiff, Ryan A. Dotson, on February 5, 2015.
The plaintiff, Ryan A. Dotson, filed an application for Disability Insurance Benefits and Supplemental Security Income on July 5, 2012, alleging a disability onset date of June 30, 2012. (Tr. 17). The Disability Determination Bureau denied Dotson's application on September 13, 2012, and again upon reconsideration on November 19, 2012. (Tr. 17). Dotson subsequently filed a timely request for a hearing on November 30, 2012. (Tr. 17). A hearing was held on August 6, 2013, before Administrative Law Judge (ALJ) Maryann S. Bright, and the ALJ issued an unfavorable decision on September 13, 2013. (Tr. 17-29). Vocational Expert (VE) Dale A. Thomas, Dotson, and Dotson's ex-wife, Melissa Dotson, testified at the hearing. (Tr. 17, 23). The Appeals Council denied review, making the ALJ's decision the final decision of the Commissioner. (Tr. 1-13).
The ALJ found that Dotson met the insured status requirements of the Social Security Act through December 30, 2016. (Tr. 19). At step one of the five step sequential analysis for determining whether an individual is disabled, the ALJ found that Dotson had not engaged in substantial gainful activity since June 30, 2012, the alleged onset date. (Tr. 19). At step two, the ALJ determined that Dotson had the following severe impairments: bipolar II disorder, panic disorder without agoraphobia with mild panic attacks, posttraumatic stress syndrome (PTSD), and obesity. (Tr. 20). At step three, the ALJ concluded that Dotson did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments. (Tr. 20). Specifically, she found that he did not meet Listings 12.04 or 12.06. (Tr. 20).
In finding that Dotson did not meet the above listings, the ALJ considered the paragraph B criteria for mental impairments, which required at least two of the following:
(Tr. 21-22). The ALJ defined a marked limitation as more than moderate but less than extreme and repeated and extended episodes of decompensation as three episodes within one year or once every four months with each episode lasting at least two weeks. (Tr. 21). The ALJ found that Dotson had moderate restrictions in daily living activities. (Tr. 21). She noted that Dotson was independent in his personal care but neglected his hygiene at times. (Tr. 21). Dotson testified that he received reminders from his mother-in-law to shower and that he relied on his ex-wife to clean and grocery shop. (Tr. 21). However, the ALJ reported that Dotson was the primary caretaker of his infant son. (Tr. 21).
The ALJ found that Dotson had moderate difficulties in social functioning. (Tr. 21). When asked if he had ever been fired for problems getting along with others, Dotson testified at the hearing that he was fired for having a sexual relationship with a coworker. (Tr. 21). Dotson's ex-wife testified that Dotson could not maintain a job for more than six months because he did not get along well with others. (Tr. 21). However, the ALJ noted that Dotson left home alone, worked part-time after the alleged onset date caring for adults with mental disabilities, and interacted without issue with clients. (Tr. 21).
The ALJ concluded that Dotson had moderate difficulties in concentration, persistence, or pace. (Tr. 21). Dotson testified to memory problems, but the ALJ indicated his memory issues were moderate because he could handle a checkbook and he remembered pertinent information about his past employment. (Tr. 21). Moreover, the ALJ found that Dotson had not experienced any extended episodes of decompensation. (Tr. 21).
The ALJ concluded that Dotson did not satisfy the paragraph B criteria because his mental impairments did not cause at least two marked limitations or one marked limitation and repeated episodes of decompensation. (Tr. 22). Additionally, she concluded that Dotson did not satisfy the paragraph C criteria because the record was devoid of evidence of episodes of decompensation, potential episodes of decompensation, or an inability to function outside a highly supportive living arrangement or his home. (Tr. 22).
The ALJ then assessed Dotson's residual functional capacity (RFC) as follows:
(Tr. 22). The ALJ explained that in considering Dotson's symptoms she followed a two-step process. (Tr. 22). First, she determined whether there was an underlying medically determinable physical or mental impairment that was shown by a medically acceptable clinical or laboratory diagnostic technique that reasonably could be expected to produce Dotson's pain or other symptoms. (Tr. 22). Then she evaluated the intensity, persistence, and limiting effects of the symptoms to determine the extent to which they limited Dotson's functioning. (Tr. 22-23).
Dotson application for disability benefits alleged that his bipolar disorder, borderline personality disorder, PTSD, and obsessive-compulsive disorder rendered him disabled. (Tr. 23). He reported on his Function Report that his anxiety caused memory and concentration problems, difficulty completing tasks, and getting along with others. (Tr. 23). Specifically, he indicated due to his anxiety at work he would cry in the parking lot and hide to call his wife. (Tr. 23). He reported that his medications caused several side effects. (Tr. 23). Dotson testified that he was the primary caretaker for his sixteen-month-old son with the help of his mother-in-law but that she worked during the day. (Tr. 23). Also, he reported that he attempted suicide after an altercation with his ex-wife but that he did not seek emergency treatment. (Tr. 23). He stated that he relied on his ex-wife to care for the home, mow the lawn, and grocery shop. (Tr. 23).
Dotson's ex-wife testified that they divorced because she could not afford the copays for Dotson's therapy, but that they continued to live as husband and wife. (Tr. 23). She stated that Dotson would continuously call her from work because of his anxiety and occasionally his anxiety caused him to miss work because he would not get out of bed. (Tr. 23). She indicated that he was head-butted at work on August 14, 2011, and that his PTSD worsened after the incident, which led to his termination. (Tr. 23). Additionally, she testified that Dotson cared for their son, but that he required her assistance. (Tr. 23).
The ALJ found that Dotson's impairments could cause some of his alleged symptoms, but that he was not entirely credible regarding the intensity, persistence, and limiting effects of the symptoms. (Tr. 23). Specifically, she gave Dotson's testimony limited weight because there were many inconsistencies between it and the record. (Tr. 23-24). For example, she found that his work history, daily living activities, and the medical evidence was inconsistent with his claim of disabling anxiety. (Tr. 23-24). The ALJ noted that Dotson worked part-time, including skilled work after his alleged onset date, therefore, she found that his anxiety did not significantly interfere with his ability to work. (Tr. 23-24). Also, despite receiving assistance from his ex-wife and mother-in-law, the ALJ noted that Dotson was the primary caretaker for his infant son. (Tr. 24).
The ALJ indicated that Dotson did not report any medication side effects at several medication management visits despite claiming that all his medications caused side effects. (Tr. 24). Additionally, Dotson reported problems with hygiene, yet he appeared well-groomed and reported taking four showers a day. (Tr. 24). The ALJ assigned little weight to Dotson's exwife's testimony because it lacked support from the medical records and she had a financial interest in Dotson receiving benefits. (Tr. 24).
The ALJ then reviewed the medical evidence. (Tr. 24-26). She found that the record did not demonstrate a long history of mental health treatment. (Tr. 24). She indicated that Dotson first sought counseling in 2010 when his family experienced a traumatic event and that he began taking depression medication in early 2011. (Tr. 24). On July 15, 2011, Dr. Heidi Ehrhardt diagnosed Dotson with depression and bipolar disorder. (Tr. 24). In August of 2011, Dotson began treatment with Dr. Jay Fawver. (Tr. 24). Dr. Fawver prescribed several medications and Dotson was treated on a monthly basis at the Fawver Wellness Clinic through July 2012. (Tr. 24). Dotson testified that he stopped treatment with Dr. Fawver because he did not recommend disability. (Tr. 24).
In August of 2012, Dotson began treatment with Dr. Samir Ishak who assessed him with anxiety disorder and prescribed several medications. (Tr. 25). At Dotson's follow up appointment, he reported that he stopped using Abilify because it made him feel manic. (Tr. 25). In October 2012, Dotson saw Dr. Ehrhardt again and complained of psychological and memory problems. (Tr. 25). She recommended a neuropsychological evaluation and noted that Dotson had lost consciousness after a patient pushed him down at work. (Tr. 25).
After Dr. Ehrhardt's recommendation, Dotson saw neuropsychologist Christina Stemmler, Psy.D. for complaints of disorientation, short-term memory loss, confusion, and disorganization. (Tr. 25). Dotson denied having attention problems despite his history of ADHD. (Tr. 25). He reported that his daily activities consisted of caring for his seven-monthold son and his horse. (Tr. 25). Dr. Stemmler found some memory and attention problems during her mental status examination and diagnosed Dotson with cognitive disorder, bipolar II disorder, ADHD, anxiety disorder, and a learning disorder. (Tr. 25). She concluded that Dotson could be experiencing residual deficits from a traumatic brain injury and recommended further testing, more medication management, and psychiatric monitoring from Dr. Ishak. (Tr. 25). Dr. Ishak treated Dotson and noted that he was not experiencing any side effects from his medications. (Tr. 25). Dr. Ishak continued Dotson on his medications. (Tr. 25). Susan Tielker-Sharpe provided coping techniques during a counseling session after Dotson discussed his anger issues, insecurities, belief that he was disabled, grief over his grandfather's passing, and dependency problems. (Tr. 25).
Dr. Stemmler performed a neuropsychological examination and recommended Dotson receive ongoing monitoring from his treating physicians and mental health providers. (Tr. 25). She supported Social Security disability temporarily, but she indicated that Dotson's head injury did not prevent him from returning to gainful employment. (Tr. 25). Dotson reported isolation, neglecting his personal hygiene, worsening depression and anxiety, and failing to take his diagnosed Lithium for two weeks. (Tr. 25). Dr. Ishak requested Dotson be hospitalized due to his worsening depression symptoms and changes in behavior. (Tr. 25). Dr. Ishak assessed him with bipolar affective disorder, posttraumatic stress disorder, and panic attacks without agoraphobia. (Tr. 25-26). Dotson was hospitalized twice and discharged both times at his own request. (Tr. 26).
Dotson underwent an independent psychological evaluation with Revathi Bingi, Ed.D. who assessed him with bipolar disorder, most recent episode depressed, panic disorder with agoraphobia, PTSD, and OCD. (Tr. 26). Dotson reported symptoms of panic attacks, feelings of worthlessness, mind racing, excessive anger, poor focus, mood swings, and suicidal ideation. (Tr. 26). However, the ALJ noted that he correctly interpreted proverbs, identified similarities and differences between objects, recalled digits, and calculated simple math problems. (Tr. 26).
Dr. Ishak opinioned that Dotson was unable to hold employment, however, Dotson was working at the time. (Tr. 26). Therefore, the ALJ assigned little weight to his opinion because he had treated Dotson for only three months and his opinion was inconsistent with Dotson's current work activity. (Tr. 26). The ALJ assigned little weight to Dr. Fawver's opinion that Dotson should remain off work because his mood was unpredictable and unstable. (Tr. 26). The ALJ concluded that Dr. Fawver had seen Dotson for only two months and that his limitations were not long-term. (Tr. 26).
Dr. Bingi found that Dotson did not have significant problems with cognition, but that he appeared to be dependent on his wife and assessed him with a Global Assessment of Functioning (GAF) score of 45. (Tr. 26). The ALJ assigned some weight to Dr. Bingi because he conducted a detailed psychological evaluation, but she discredited his opinion because he had met with Dotson only once and a GAF score was not dispositive or proof of an ongoing disability for Social Security purposes. (Tr. 26-27). The ALJ assigned great weight to the opinions of the State agency psychological consultants who concluded that Dotson retained the ability to carry out unskilled or semi-skilled tasks on a sustained basis in a competitive setting not requiring pace or intense concentration. (Tr. 27).
There are several other GAF scores in the record and each score was given some weight. (Tr. 27). The ALJ determined that the GAF scores showed that except for a brief period in July of 2013 Dotson's treatment providers reported that his social, occupational, and school functioning were moderately impaired. (Tr. 27). The ALJ found the findings to be consistent with Dotson's daily activities, work history, and the opinions of the State agency psychological consultants. (Tr. 27).
At step four, the ALJ found that Dotson was unable to perform any past relevant work. (Tr. 27). Considering Dotson's age, education, work experience, and RFC, the ALJ concluded that there were jobs in the national economy he could perform, including electronics assembler (8,000 jobs locally and 114,000 jobs nationally), laundry worker (4,800 jobs locally and 298,000 jobs nationally), and packer and hand packager (1,600 jobs locally and 56,000 jobs nationally). (Tr. 28).
The standard for judicial review of an ALJ's finding that a claimant is not disabled within the meaning of the Social Security Act is limited to a determination of whether those findings are supported by substantial evidence.
Disability and supplemental insurance benefits are available only to those individuals who can establish "disability" under the terms of the Social Security Act. The claimant must show that he is unable "to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months."
First, Dotson has argued that the ALJ failed to consider all of his medically determinable severe impairments. At step two, the claimant has the burden to establish that he has a severe impairment.
The ALJ found that Dotson suffered from the severe impairments of bipolar II disorder, panic disorder without agoraphobia with mild panic attacks, posttraumatic stress syndrome (PTSD), and obesity. Dotson has argued that the ALJ failed to mention or discuss his medically determinable impairments of obsessive compulsive disorder (OCD), borderline personality disorder, and cognitive disorder. The ALJ acknowledged that Dotson's application for disability benefits alleged that his bipolar disorder, borderline personality disorder, PTSD, and obsessive compulsive disorder rendered him disabled. (Tr. 23). The ALJ briefly discussed Dotson's cognitive disorder. The ALJ noted Dr. Stemmler's mental status examination findings and that she assessed Dotson with cognitive disorder, bipolar II disorder, ADHD, anxiety disorder, and a learning disorder. (Tr. 25). Also, the ALJ noted Dotson's obsessive compulsive disorder after review of Dr. Bingi's psychological evaluation that assessed Dotson with bipolar disorder, most recent episode depressed, panic disorder without agoraphobia, PTSD, and OCD. (Tr. 26).
A finding at step two that a medical condition is severe "is merely a threshold requirement."
Dotson did not identify how the ALJ failed to consider his symptoms in combination or how any errors at step two caused an error later in the process. Moreover, he did not meet his burden to prove that the impairments were severe.
Next, Dotson has argued that the ALJ failed to engage in a legally sufficient step three analysis. Dotson indicated that it was appropriate for the ALJ to consider Listing 12.04 and 12.06. However, he contends that the ALJ's omission of Listing 12.02 for cognitive disorders, Listing 12.04 for affective disorders, and 12.06 for OCD was legal error. Dotson further contends that the ALJ's omission of paragraph C criteria of Listing 12.02 and 12.04 was harmful and reversible error.
For a claimant to show that he met a listed impairment, he must have demonstrated that his impairment met each required criterion and bore the burden of proof in showing his condition qualified.
The ALJ did not discuss whether Dotson met the paragraph A criteria, so it is proper for the court to assume that he did meet the criteria. The ALJ found that Dotson had moderate restrictions in daily living activities, social functioning, and with concentration, persistence, or pace. (Tr. 21). Moreover, the ALJ found that Dotson had not experienced any extended episodes of decompensation. (Tr. 21). Because the ALJ did not find two marked limitations or one marked limitation and repeated episodes of decompensation, she concluded that Dotson did not satisfy the paragraph B criteria. (Tr. 22).
Dotson has indicated that paragraph C for Listing 12.06 was not satisfied. Specifically, with respect to Listings 12.02 and 12.04, "[t]he required level of severity for these disorders is met when the requirements in both A and B are satisfied, or when the requirements in A and C are satisfied."
The ALJ concluded that Dotson did not satisfy the paragraph C criteria because the record was devoid of evidence of episodes of decompensation, potential episodes of decompensation, or an inability to function outside a highly supportive living arrangement or his home. (Tr. 22).
Dotson has argued that the potential for decompensation was evident in the treatment notes and consultative examiners' observations, as well as his and his ex-wife's reports. He indicated that the record supported the existence of a residual disease process that had resulted in such marginal adjustment that even a minimal increase in mental demands or change in the environment would be predicted to cause him to decompensate. Also, he contends that his cognitive disorder and bipolar disorder are medically documented chronic mental disorders of at least two years in duration.
The Commissioner indicated that the State agency doctors whom the ALJ gave great weight did not agree that Dotson met or equaled a listing. Also, the Commissioner has reiterated that Dotson's ability to work past his alleged onset date was not reflective of the inability to do any gainful activity as required for the Listing. However, the ALJ did not reference the doctors' opinions or Dotson's work history when considering the paragraph C criteria. Even if there is evidence in the record to support the ALJ's decision, principles of administrative law require the ALJ rationally to articulate the ground for her decisions and confine the court's review to reasons supplied by the ALJ.
Dotson has failed to cite specific evidence to support his assertion. However, the ALJ failed to build a logical bridge that was persuasive. An ALJ must articulate, at a minimum, her analysis of the evidence in order to allow the reviewing court to trace the path of her reasoning and to be assured that the ALJ considered the important evidence.
Dotson has argued that the ALJ's credibility finding was patently wrong. This court will sustain the ALJ's credibility determination unless it is "patently wrong" and not supported by the record.
The ALJ must determine a claimant's credibility only after considering all of the claimant's "symptoms, including pain, and the extent to which [the claimant's] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence."
Although a claimant's complaints of pain cannot be totally unsupported by the medical evidence, the ALJ may not disregard an individual's statements about symptoms solely based on objective medical evidence. SSR 16-3p, at *5
In addition, when the ALJ discounts the claimant's description of pain because it is inconsistent with the objective medical evidence, she must make more than "a single, conclusory statement. . . . The determination or decision must contain specific reasons for the weight given to the individual's symptoms, be consistent with and supported by the evidence, and be clearly articulated so the individual and any subsequent reviewer can assess how the adjudicator evaluated the individual's symptoms." SSR 16-3p, at *9; see
The ALJ found that Dotson's statements concerning the intensity, persistence, and the limiting effects of some of his symptoms were not entirely credible. (Tr. 23). Dotson has argued that the ALJ failed to base her credibility analysis on the totality of evidence in the record, identified natural variations in symptoms as inconsistencies, and made generalizations about his veracity.
First, the ALJ found that Dotson's daily activities were not suggestive of an individual with disabling anxiety. The ALJ noted that Dotson was the primary caretaker for his infant son for several hours a day. (Tr. 24). The Seventh Circuit has cautioned ALJs from equating a claimant's care for a family member with an ability to work.
Dotson has argued that the ALJ should have considered this an unsuccessful work attempt and that it should not have served as a negative credibility factor. Dotson has cited CFR 404.1575 as his authority, which does not apply because it pertains to individuals who are selfemployed. The ALJ noted that Dotson did work after the alleged disability onset date, but this work activity did not rise to the level of substantial gainful activity. (Tr. 19). However, the ALJ explained that Dotson's part-time employment was indicative that his anxiety did not significantly interfere with his ability to perform the work. (Tr. 24).
It was proper for the ALJ to consider Dotson's daily activities as a factor when assessing the credibility of his claims.
The ALJ noted that Dotson made inconsistent statements about his hygiene. He testified that he had problems with hygiene, yet the treatment notes described him as well-groomed. Moreover, the records indicated that Dotson reported that he took four showers a day to help with his anxiety. Also, Dotson testified that he had side effects from all the medications, but his medication management visits showed no side effects reported. (Tr. 24). Dotson has argued that a person who suffers from a mental illness will have better days and worse days, so a snapshot of any single moment says little about his overall condition.
Dotson contends that the ALJ misunderstood his mental health history. The ALJ indicated that the medical evidence of record did not reflect a long history of mental health treatment. (Tr. 24). Dotson indicated that his mental health treatment started during his childhood and that he reported his history to his numerous providers. The ALJ did omit evidence of mental health issues dating back to the 1990's. The Commissioner has argued that the ALJ referred to Dotson's treatment as an adult, before the alleged onset date. The ALJ cited evidence of counseling in 2010, medication for depression in early 2011, and his diagnosis of depression, likely mild bipolar, in 2011. (Tr. 24). The ALJ also noted that Dotson began treatment with Dr. Fawver in August 2011 and went to the Fawver Wellness Clinic on a monthly basis for medication management. (Tr. 24). The ALJ continued to discuss treatment history with Drs. Ishak and Stemmler. Finally, the ALJ reported that Dotson's continued counseling with Susan Tielker-Sharpe from April 19, 2012 through May 22, 2013. The ALJ minimally articulated her findings regarding Dotson's mental health treatment.
Dotson has argued that the ALJ treated the switch from Dr. Fawver to another doctor as an improper inconsistency. Dotson testified that he stopped seeing Dr. Fawver when he decided to seek disability because he did not recommend disability. Dotson indicated that the ALJ failed to inquire into if Dr. Fawver did not recommend disability in general or with respect to Dotson. However, the Commissioner noted that the ALJ did not cite Dotson's leaving Dr. Fawver as a basis for impugning his credibility.
Although the ALJ could have further explained her credibility finding it was not patently wrong. The ALJ provided sufficient support to build a logical bridge from the evidence to her credibility determination that Dotson could perform a range of activities, therefore he could do more than he claimed.
Dotson made brief arguments regarding the ALJ assigning little weight to Dotson's exwife's testimony and the assessment of his GAF scores. Dotson contends that the ALJ overlooked his ex-wife's testimony. Also, he has argued that the ALJ improperly dismissed the lower GAF scores without any legally sufficient reasoning. However, the court finds that Dotson has waived this argument for lack of development. Claimant's mere mention of facts pertinent to a claim of impairment does not qualify as having raised an issue. See
Dotson has argued that the ALJ gave little weight to the treating and consulting physician's opinions, while crediting the opinions from non-examining physicians. A treating source's opinion is entitled to controlling weight if the "opinion on the issue(s) of the nature and severity of [the claimant's] impairment(s) is well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence" in the record.
"`[O]nce well-supported contradicting evidence is introduced, the treating physician's evidence is no longer entitled to controlling weight' and becomes just one more piece of evidence for the ALJ to consider."
Such evidence may contain medical opinions, which "are statements from physicians and psychologists . . . that reflect judgments about the nature and severity of a claimant's impairment(s), including symptoms, diagnosis and prognosis," physical and mental restrictions, and what the claimant can still do despite his or her impairments.
Dotson began treatment with Dr. Fawver on August 11, 2011, and was treated on a monthly basis at the Fawver Wellness Clinic for medication management. (Tr. 24). On October 4, 2011 and October 10, 2011, Dr. Fawver opinioned that Dotson should remain off work because his mood was not predictable or stable and indicated that he would reevaluate Dotson at the next appointment. The ALJ assigned little weight to Dr. Fawver's opinion because at the time he had treated Dotson for only two months and the limitations given to Dotson were not long term. (Tr. 26). The record indicated that Dr. Fawver and/or nurse practitioners from the Fawver Wellness Clinic continued to treat Dotson from August 2011 to July of 2012 on a monthly basis. At subsequent visits, Dotson reported that he had reduced his work by half because all he wanted to do was lay around. Dotson described his symptoms as worsening despite medication and engaging in psychotherapy. (Tr. 333).
Dotson began seeing Dr. Ishak who assessed him with anxiety disorder on August 29, 2012. The ALJ assigned little weight to Dr. Ishak's opinion that Dotson was unable to hold employment because he had treated him for only three months. (Tr. 26). Also, the ALJ indicated that Dr. Ishak's opinion was contradictory with Dotson's work history because he was currently working part-time. (Tr. 26). In July of 2012, Dotson reported that he was working on a part-time basis, but by December of 2012 he no longer was employed. The ability to work a few hours each week is significantly different from having the ability to work full-time.
The ALJ assigned little weight to the opinions of Drs. Fawver and Ishak because of the length of treatment. Also, Dr. Ishak's opinion was inconsistent with Dotson's work history. A treating source opinion is entitled to controlling weight if it is (a) well supported by medically acceptable clinical and laboratory diagnostic techniques and (b) not inconsistent with other substantial evidence in the record.
However, even if the ALJ properly refused to assign controlling weight, she still was required to determine what weight to assign to their opinions. "If an ALJ does not give a treating physician's opinion controlling weight, the regulations require the ALJ to consider the length, nature, and extent of the treatment relationship, frequency of examination, the physician's specialty, the types of tests performed, and the consistency and supportability of the physician's opinion."
Dotson saw Dr. Stemmler who assessed him with cognitive disorder not otherwise specified, bipolar II disorder, ADHD, anxiety disorder, and learning disorder. She supported Social Security disability temporarily so Dotson could focus on his mental health care, but she indicated the nature of his head injury did not prevent him from being able to return to work. (Tr. 25). The ALJ did not assign any weight to her opinion, but did note it. The ALJ must determine what, if any, weight the treating physician's opinion is to be given.
The ALJ assigned some weight to Dr. Bingi because he performed a detailed psychological evaluation. (Tr. 26). He diagnosed Dotson with bipolar disorder, most recent episode depressed, panic disorder without agoraphobia, PTSD, and OCD. Dr. Bingi had met with Dotson only once. He assessed Dotson with a Global Assessment of Function (GAF) score of 45. A GAF rating of 41-50 reflects "serious" impairment in social, occupational, or school functioning. However, the ALJ noted that the GAF score was not dispositive for Social Security disability purposes. The Commissioner indicated that Dr. Bingi's opinion underlined that of the State agency reviewing doctors that found Dotson could carry out unskilled or semi-skilled tasks on a sustained basis in a competitive setting not requiring rapid pace or intense concentration. (Tr. 27). However, the circuit court has made clear that what matters are the reasons articulated by the ALJ.
The ALJ's weighing of medical evidence is conclusive if it was minimally articulated and supported by substantial evidence in the record. See
Finally, Dotson has argued that the vocational findings are based on legal error and not supported by substantial evidence. SSR 96-8p explains how an ALJ should assess a claimant's RFC at steps four and five of the sequential evaluation. In a section entitled, "Narrative Discussion Requirements," SSR 96-8p specifically spells out what is needed in the ALJ's RFC analysis. This section of the Ruling provides:
SSR 96-8p (footnote omitted). Thus, as explained in this section of the Ruling, there is a difference between what the ALJ must contemplate and what she must articulate in her written decision. "The ALJ is not required to address every piece of evidence or testimony presented, but she must provide a `logical bridge' between the evidence and her conclusions."
Dotson has argued that the ALJ failed to consider his ability to sustain the activities cited in the RFC finding throughout an eight-hour day, five days a week. Dotson contends that the evidence shows he was unable to sustain a 9-20 hour per week part-time schedule and the added stress of a 40-hour week would not to be sustainable, as agreed by his doctors. The Commissioner has indicated that the ALJ apprised the VE of Dotson's residual function capacity and both considered his ability to sustain the activities cited in the RFC. In hypothetical questioning to the VE, the ALJ did include work-related limitations to account for Dotson's impairments to the extent that they were supported by medical evidence. Because this matter is being remanded on separated issues, the ALJ should also reconsider her step five finding.
Based on the foregoing reasons, the decision of the Commissioner is