PHILIP P. SIMON, Chief District Judge.
Eric Lottie appeals the denial of disability insurance benefits and supplemental security income benefits by the Commissioner of the Social Security Administration. Lottie has been a construction laborer, a plumber and a prisoner. [AR at 263, 62.]
Lottie had a hearing before an administrative law judge on August 5, 2015, at which Lottie appeared without an attorney and gave testimony. [AR at 43-78.] The ALJ issued a written decision denying Lottie's claim for benefits on November 16, 2015. [AR 18-30.] The ALJ found that Lottie has severe impairments of degenerative disc disease, carpal tunnel syndrome, obesity and affective disorder. [AR at 21.] The ALJ concluded that Lottie`s severe impairments do not conclusively establish disability by meeting or medically equaling the severity of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1. [Id.] The ALJ found that Lottie possessed the residual functional capacity to perform light work, that he was capable of performing jobs that exist in significant numbers in the national economy, and that Lottie is not disabled. [AR at 23, 28.]
Lottie asks me to reverse the ALJ's decision or remand the case for further proceedings by the Social Security Administration. My review of the ALJ's decision is deferential. I must affirm it if it is supported by substantial evidence, meaning "`such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.'" McKinzey v. Astrue, 641 F.3d 884, 889 (7
Lottie was sent to see consultative examiner Dr. B.T. Onamusi in January 2013, and Dr. Onamusi's report is part of the administrative record. Exh. 2F. Based upon Lottie's reports of his medical history and functional capabilities, and upon a physical examination, Dr. Onamusi briefly concluded: "Based on information obtained during this examination it is my opinion that claimant should be able to engage in sedentary level activities as defined in the Dictionary of Occupational Titles." [AR at 358.]
Two different sets of State agency consultants reviewed Lottie's file in February 2013 and July 2013. Exh. 2A, 5A.
After earlier setting forth Dr. Onamusi's findings on his physical examination of Lottie, the ALJ later noted Dr. Onamusi's conclusion that Lottie could perform sedentary level work. The ALJ gave only little weight to that opinion as "inconsistent with the medical record as a whole, which shows generally normal and unremarkable physical examination findings." [AR at 25, 27.] No explanatory discussion is included in support of this critical determination by the ALJ. Instead, he merely cites to a list of exhibits in the administrative record, including Dr. Onamusi's own report. [AR at 27.]
This approach does not provide an explanation of the ALJ's analysis sufficient to permit a meaningful review. Furthermore, the skeletal citation only to a list of exhibits that support the ALJ's conclusion contrary to the examining physician may constitute the sort of "cherry-picking" of supportive evidence that the Circuit has repeatedly criticized, as well as a failure to acknowledge and address significant contrary evidence. Yurt v. Colvin, 758 F.3d 850, 860 (7th Cir. 2014); Moore v. Colvin, 743 F.3d 1118, 1124 (7
Besides challenging the adequacy of the ALJ's analysis of Dr. Onamusi's opinion, Lottie also challenges the ALJ's acceptance of the conclusions of the non-examining doctors Diaz and Corcoran over that of Dr. Onamusi, who had the benefit of examining Lottie. The applicable regulations provide that, generally speaking, more weight is given to the opinion of a doctor who examined the claimant than to one who has not. 20 C.F.R. §404.1527(c)(1), 416.927(c)(1). Nonetheless, "[a]s a general rule, an ALJ is not required to credit the agency's examining physician in the face of a contrary opinion from a later reviewer or other compelling evidence." Beardsley v. Colvin, 758 F.3d 834, 839 (7
"In addition to relying on substantial evidence, the ALJ must also explain his analysis of the evidence with enough detail and clarity to permit meaningful appellate review." Briscoe ex rel. Taylor v. Barnhart, 425 F.3d 345, 351 (7
Lottie's second challenge to the ALJ's decision is that he "failed to identify any evidence that supported the functional limitations" that he included in his assessment of Lottie's Residual Functional Capacity. RFC is the disability term for the description of what a claimant is able to do despite functional limitations from medical impairments, and represents the Commissioner's determination of the individual's "capacity to perform work-related physical and mental activities." POMS DI 24510.001(A)(1). Here the ALJ's RFC assessment found that Lottie:
[AR at 23.] Based on this RFC assessment, the ALJ ultimately concluded that Lottie is capable of performing "light" work as defined in 20 C.F.R. §§404.1567(b) and 416.967(b). [Id.]
In making this assessment of Lottie's capabilities, the ALJ — as earlier discussed — gave only "little weight" to Dr. Onamusi's opinion and RFC assessment. [AR at 27.] He gave "partial weight" to the non-examining consultants' opinions about Lottie's physical limitations, saying that they were "supported by the claimant's overall normal examination findings, but do not completely reflect the claimant's current residual functional capacity." [Id.] As with the ALJ's consideration of Dr. Onamusi's opinion, this summary conclusion is supported only by a list of citations to portions of the administrative record, without meaningful explanatory discussion. [Id.] The particulars of the ALJ's RFC differed in every major category — sitting, standing, walking, lifting and carrying — from all the various assessments before him — Dr. Onamusi's, Dr. Ruiz's, Dr. Corcoran's and Lottie's own. This suggests a need for the ALJ to explain the basis for his determinations, and how they were supported by substantial evidence. In addition, there are aspects of the ALJ's RFC — such as Lottie's need to alternate his position every hour, the prohibition on torqueing, and the limitation on "changes in the work setting" — for which I find no explanation in the ALJ's decision. Because of the remand on Issue One, the Commissioner will revisit the RFC analysis, and have a second opportunity to better articulate the reasoning that bridges the medical and other evidence with conclusions as to Lottie's RFC and his ability to engage in employment activities.
Lottie contends that the ALJ "erred by failing to analyze the credibility of Mr. Lottie's allegations with a level of detail that permits the Court to conduct meaningful judicial review." [DE 13 at 19.] As the Court of Appeals has noted, "the cases make clear that the ALJ must specify the reasons for his [credibility] finding so that the applicant and subsequent reviewers will have a fair sense of the weight given to the applicant's testimony." Golembiewski v. Barnhart, 322 F.3d 912, 916 (7
Lottie's subjective allegations concerning his severe impairments would, at a minimum, have included pain in his hands and his lower back, and its impact on the use of his hands and his ability to sit and stand. The ALJ's decision contains only briefly stated conclusions dismissing those subjective allegations. One conclusion asserts that Lottie's daily activities are inconsistent with his allegations of disabling symptoms. [AR at 24.] A second is a boilerplate assertion that Lottie's subjective complaints have been evaluated in accordance with the governing regulations and found to be not fully credible. [Id.] The third is the ALJ's conclusion that the medical evidence is inconsistent with Lottie's subjective allegations. [Id. at 27-28.]
What is lacking is explanation of the ALJ's analysis — why certain facts of record were found to be inconsistent with Lottie's claims of pain or other limitations. The Commissioner's response to this ground for remand necessarily suffers from the same level of generality. Because the matter is being remanded for further consideration, no more need be said but that the Commissioner should be more mindful of the obligation to "competently explain an adverse-credibility finding with specific reasons `supported by the record.'" Engstrand v. Colvin, 788 F.3d 655, 660 (7
Finally, Lottie argues that the testimony of the vocational expert required further inquiry by the ALJ. More specifically, Lottie contends that the expert "testified that some of his opinions were not covered by the Dictionary of Occupational Titles, but were based on his experience," and that this gave rise to the ALJ's duty to inquire about the expert's experience. [DE 13 at 24.] The principal case relied upon by Lottie does not support his argument on the record before me. In Brown v. Colvin, 845 F.3d 247 (7
An ALJ must build a logical bridge from the evidence to his conclusion. Brown v. Colvin, 845 F.3d at 251; Ghiselli v. Colvin, 837 F.3d 771, 778 (7
The final decision of the Commissioner of Social Security denying plaintiff Eric Lottie's application for Social Security Disability benefits is REVERSED AND REMANDED for further proceedings consistent with this opinion.
The Clerk shall enter judgment in favor of plaintiff and against defendant.