TANYA WALTON PRATT, District Judge.
Plaintiff, Mark A. Wade ("Mr. Wade"), requests judicial review of the final decision of the Commissioner of the Social Security Administration (the "Commissioner"), denying his application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act. For the following reasons, the Court
On May 30, 2012, Mr. Wade refiled an application for SSI alleging disability beginning December 31, 2004. (
Mr. Wade was born on November 4, 1961, making him 43 years old on his alleged disability onset date and 52 years old at the time of his hearing. Mr. Wade is six feet tall and weighs two hundred and thirty pounds. (
In his application for Social Security benefits, Mr. Wade alleged problems with the following:
(
In 2010, Mr. Wade was treated for multiple health issues including, Hepatitis C, Barrett's esophagus, rib pain, epilepsy, knee pain, wrist pain, and migraines. (
In July 2012, Mr. Wade underwent various medical and psychiatric evaluations by state agency physicians and psychiatrists. (
In April 2013, Mr. Wade underwent surgical repair of his right rotator cuff. (
In July 2013, a progress consultation report indicated that Mr. Wade had improved, and had only small limitations in regards to the range of motion and strength of his shoulder. (
On October 12, 2013, an x-ray performed on Mr. Wade showed a mid-clavicle fracture. (
At the February 11, 2014 hearing, the VE testified in her capacity as a vocational expert. (
The ALJ then presented the VE with a hypothetical to determine if Mr. Wade was able to perform any past relevant work. Id. at 72-73. In the hypothetical, the ALJ listed extensive limitations, which among others included performing only at a light exertion range, ability to carry 20 pounds or more only occasionally, could only sit for one hour before needing to move around, never do overhead reaching, and needed to be off task five percent of the day. Id. In response, to the hypothetical, the VE opined that an individual with similar limitations would not be able to engage in past relevant work similar to the jobs Mr. Wade had engaged in. Id. at 73.
However, the VE testified that an individual with similar limitations to the hypothetical would be able to perform other competitive work in the national economy. Id. In particular, she stated that an individual with similar limitations could work as a cashier, electronic worker, and storage facility rental clerk. Id. at 73-75. Taking into account the limitations presented by the ALJ in her hypothetical, the VE opined that there would be an estimated 283,800 cashier jobs, 9,740 electronic worker jobs, and 27,870 storage facility rental clerk jobs in the country. Id. All three potential job alternative openings were reduced by 75% to account for the similar limitations Mr. Wade had. Id.
At step one of the five step disability analysis the ALJ found that Mr. Wade had not engaged in substantial gainful activity since May 30, 2012. (
Before reaching step four, the ALJ determined Mr. Wade's residual functional capacity ("RFC"). Id. at 23. The ALJ determined Mr. Wade had the RFC to perform light work with the following exceptions:
(
Under the Social Security Act, a claimant is entitled to SSI if he establishes he has a disability. 42 U.S.C. §§ 423(a)(1)(E), 1382. Disability is defined as the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment ... which has lasted or can be expected to last for a continuous period of not less than twelve months." 42 U.S.C. §§ 416(i)(1), 423(d)(1)(A), 1382c(a)(3)(A). To justify a finding of disability, a claimant must demonstrate that his physical or mental limitations prevent him from doing not only his previous work but any other kind of gainful employment which exists in the national economy, considering his age, education, and work experience. 42 U.S.C. §§ 423(d)(2)(A), 1382c(a)(3)(B).
The Commissioner employs a five-step sequential analysis to determine whether a claimant is disabled. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). If disability status can be determined at any step in the sequence, an application will not be reviewed further. Id. At step one, if the claimant is engaged in substantial gainful activity, he is not disabled despite his medical condition and other factors. 20 C.F.R. §§ 404.1520(a)(4)(i), 416.920(a)(4)(i). At step two, if the claimant does not have a "severe" impairment that meets the durational requirement, he is not disabled. 20 C.F.R. §§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii). A severe impairment is one that "significantly limits [a claimant's] physical or mental ability to do basic work activities." 20 C.F.R. §§ 404.1520(c), 416.920(c).
At step three of the sequential analysis, the ALJ must determine whether the claimant's impairment or combination of impairments meets or equals the criteria for any of the conditions included in 20 C.F.R. Part 404, Subpart P, App'x 1 (the "Listings"). 20 C.F.R. §§ 404.1520(a)(4)(iii), 416.920(a)(4)(iii). See also 20 C.F.R. Pt. 404, Subpart P, App'x 1. The Listings are medical conditions defined by criteria that the Social Security Administration has predetermined to be disabling. Barnett v. Barnhart, 381 F.3d 664, 668 (7th Cir. 2004); 20 C.F.R. §§ 404.1525(a), 416.925(a). See also 20 C.F.R. Pt. 404, Subpart P, App'x 1. For each Listing, there are objective medical findings and other findings that must be met or medically equaled to satisfy the criteria of that Listing. 20 C.F.R. §§ 404.1525(c)(2)-(5), 416.925(c)(2)-(5).
If the claimant's impairments do not meet or medically equal a Listing, then the ALJ assesses the claimant's residual functional capacity for use at steps four and five. 20 C.F.R. §§ 404.1520(e), 416.920(a)(4)(iv). Residual functional capacity is the "maximum that a claimant can still do despite his mental and physical limitations." Craft v. Astrue, 539 F.3d 668, 675-76 (7th Cir. 2008); 20 C.F.R. § 404.1545(a)(1); 20 C.F.R. § 416.945(a)(1).
At step four, if the claimant is able to perform his past relevant work, he is not disabled. 20 C.F.R. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). At step five, the ALJ determines whether the claimant can perform any other work in the relevant economy, given his RFC and considering his age, education, and past work experience. 20 C.F.R. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v). See also 42 U.S.C. §§ 423(d)(2)(A), 1382c(a)(3)(B). The claimant is not disabled if he can perform any other work in the relevant economy. 42 U.S.C. §§ 423(d)(2)(A), 1382c(a)(3)(B). The combined effect of all of a claimant's impairments shall be considered throughout the disability determination process. 42 U.S.C. §§ 423(d)(2)(B); 1382c(a)(3)(G). The burden of proof is on the claimant for the first four steps; it then shifts to the Commissioner at the fifth step. Young v. Barnhart, 362 F.3d 995, 1000 (7th Cir. 2004).
When the Appeals Council denies review, the ALJ's ruling becomes the final decision of the Commissioner. Liskowitz v. Astrue, 559 F.3d 736, 739 (7th Cir. 2009); Hendersen v. Apfel, 179 F.3d 507, 512 (7th Cir. 1999). Thereafter, in its review, the district court will affirm the Commissioner's findings of fact if they are supported by substantial evidence. 42 U.S.C. § 405(g)(2012); Craft, 539 F.3d at 673; Dixon v. Massanari, 270 F.3d 1171, 1176 (7th Cir. 2001). Substantial evidence consists of "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Dixon, 270 F.3d at 1176; Zurawski v. Halter, 245 F.3d 881, 887 (7th Cir. 2001). See also Skinner v. Astrue, 478 F.3d 836, 841 (7th Cir. 2007) (Substantial evidence must be "more than a scintilla but may be less than a preponderance.").
In this substantial-evidence determination, the court does not decide the facts anew, reweigh the evidence, resolve conflicts, decide questions of credibility, or substitute the court's own judgment for that of the ALJ. Overman v. Astrue, 546 F.3d 456, 462 (7th Cir. 2008); Lopez ex rel. Lopez v. Barnhart, 336 F.3d 535, 539 (7th Cir. 2003). Accordingly, if the Commissioner's decision is adequately supported and reasonable minds could differ about the disability status of the claimant, the Court must affirm the decision. Elder v. Astrue, 529 F.3d 408, 413 (7th Cir. 2008).
Ultimately, the sufficiency of the ALJ's articulation aids the Court in its review of whether the Commissioner's final decision was supported by substantial evidence. See Stephens v. Heckler, 766 F.2d 284, 287-88 (7th Cir. 1985) ("The ALJ's opinion is important not in its own right but because it tells us whether the ALJ has considered all the evidence, as the statute requires him to do."). While, the ALJ need not evaluate every piece of testimony and evidence submitted in writing, the ALJ's decision must, nevertheless, be based upon consideration of all the relevant evidence. Terry v. Astrue, 580 F.3d 471, 475 (7th Cir. 2009); Carlson v. Shalala, 999 F.2d 180, 181 (7th Cir. 1993). In this vein, the ALJ may not discuss only that evidence that favors his ultimate conclusion but must confront evidence that contradicts his conclusion and explain why the evidence was rejected. Diaz v. Chater, 55 F.3d 300, 307 (7th Cir. 1995).
Further, the ALJ's decision must adequately demonstrate the path of reasoning, and the evidence must lead logically to the ALJ's conclusion. Terry, 580 F.3d at 475; Rohan v. Chater, 98 F.3d 966, 971 (7th Cir. 1996). Indeed, to affirm the Commissioner's final decision, "the ALJ must build an accurate and logical bridge from the evidence to [his] conclusion." Zurawski, 245 F.3d at 888-89; Clifford v. Apfel, 227 F.3d 863, 872 (7th Cir. 2000).
Mr. Wade presents two challenges to the ALJ's decision. The first challenge Mr. Wade asserts is that the ALJ did not rely on substantial evidence in determining Mr. Wade's RFC. (
In regards to his first challenge, Mr. Wade argues that the ALJ did not sufficiently articulate her decision. He also argues that the ALJ failed to consider the aggregate effect of his combined severe impairments. (
Mr. Wade contends that the ALJ failed to sufficiently articulate the evidence in a manner which demonstrated that all the important evidence was considered. (
The ALJ's reasoning for her RFC determination of Mr. Wade spanned nine pages. (
The ALJ stated that the level of functioning demonstrated by Mr. Wade's daily activities was not consistent with his alleged limitations. For example, the ALJ noted that Mr. Wade testified that he manages his own grooming and hygiene, mows a small yard, goes to the store every two weeks, engages in seasonal work, enjoys doing crossword puzzles and watching television, and uses a computer on a daily basis. (
Mr. Wade argues that his daily activities were far more restrictive than what the ALJ portrayed them to be. (
Additionally, the ALJ did not solely rely on Mr. Wade's daily activities to make the RFC determination. The ALJ also discussed the opinions of various medical experts, both treating and non-treating. Id. at 30-31. In this regard, the ALJ stated that some weight was given to the State agency medical and psychological consultants, who concluded that Mr. Wade was not disabled. Id. at 30. In the evaluations of Mr. Wade, the state physicians noted that Mr. Wade was able to use public transportation, shop, attend to his own hygiene, follow instructions, do laundry, prepare meals, and clean dishes. (
In sum, the Court finds that the ALJ has provided a logical bridge between the evidence and the conclusions made. Terry, 580 F.3d at 475 (7th Cir. 2009); Zurawski, 245 F.3d at 888-89 (7th Cir. 2001); Clifford, 227 F.3d at 872 (7th Cir. 2000). The Court considers the ALJ's analysis to be well-developed and adequately supported by evidence in the record. See Craft, 539 F.3d at 673 (7th Cir. 2008) ("[t]he ALJ is not required to mention every piece of evidence but must provide an accurate and logical bridge between the evidence and the conclusion"); Skarbek v. Barnhart, 390 F.3d 500, 503 (7th Cir. 1997) (noting that an ALJ "must articulate, at least minimally, his analysis of the evidence so that this court can follow his reasoning."). Accordingly, the Court concludes that the ALJ's opinion is based on substantial evidence.
Next, Mr. Wade argues that the ALJ did not consider all of the severe and non-severe impairments listed in combination. (
The ALJ in Mr. Wade's case clearly differs from the ALJ in Clifford. Here, the ALJ discussed Mr. Wade's depression or anxiety issues. Mr. Wade's mental health issues were addressed extensively and in several portions of the decision. (
In addition to the evidence in the record cited above, the ALJ also conducted an analysis of mental disorder determinability, as set out in Listing 12.00. Id. at 20-21. In this regard, the ALJ found that Mr. Wade had only mild limitations in the first three functional areas as set out in the Listing. Id. The ALJ found mild limitations in daily living, social functioning, and concentration, persistence, or pace. Id. With respect to the fourth criteria of the Listings governing mental disorders, the ALJ found Mr. Wade to not have experienced any periods of decompensation. The ALJ's assessment of Mr. Wade's mental impairments is consistent with the opinions of the State agency psychologists, who also found "mild limitations". (
The Court also notes that the ALJ discussed Mr. Wade's Global Assessment of Functioning ("GAF") scores but found them to be in accordance with the RFC determination. Id. at 30. Specifically, the ALJ noted that Mr. Wade's GAF scores ranged from a low of 51 to a high of 58, which indicated moderate difficulties in social, occupational, or school functioning. Id. The ALJ then stated that these GAF scores were a mere subjective snapshot in time of Mr. Wade's mental conditions, and were not a substitute for a longitudinal evaluation. Id. In discussing Mr. Wade's GAF scores and why they were not inconsistent with the RFC determination, the ALJ's determination was made in light of all the evidence.
The Social Security Administration and courts within this Circuit have repeatedly opined that a claimant's GAF scores, while used to make treatment decisions, do not directly correlate with the severity requirements of the regulations and that the ALJ is therefore not bound by them when determining disability. See Revised Medical Criteria for Evaluating Mental Disorders and Traumatic Brain Injury, 65 Fed. Reg. 50746, at 50764-50765 (2000) ("The GAF scale . . . does not have a direct correlation to the severity requirements in our mental disorders listings"); Denton v. Astrue, 596 F.3d 419, 425 (7th Cir. 2010); Wilkins v. Barnhart, 69 Fed. App'x 775, 780 (7th Cir. 2003) (unpublished); Sparks v. Colvin, 1:14-CV-1519; 2015 WL 3618344, at *6 (S.D. Ind. 2015) ("The [GAF] score has limited value in determining whether a [claimant] can engage in substantial gainful activity."). Anderson v. Astrue, 2010 WL 3522574 at *8 (N.D. Ind. 2010) (noting that an ALJ is not required to determine the extent of an individual's disability entirely upon GAF scores as such scores do not reflect a clinician's opinion of functional capacity).
Thus, the Court concludes that the ALJ did not fail to consider the aggregate effect of Mr. Wade's mental impairments.
Finally, Mr. Wade argues that the ALJ failed to provide an accurate representation of his RFC to the Vocational Expert. (
As noted above, the ALJ included a detailed discussion of Mr. Wade's migraines. Specifically, the ALJ noted that Mr. Wade indicated that he has a headache two or three times per month, and they are relieved with Topomax. (
The Court has concluded that the ALJ's RFC decision was substantially supported and adequately articulated, thus, the Court finds that the hypothetical presented to the VE was proper. An ALJ's factual conclusions are entitled to deference so long as they are supported by substantial evidence in the record. See Elder, 529 F.3d at 413; Craft, 539 F.3d at 673; Lopez, 336 F.3d at 539 (stating that in a substantial evidence determination, the court will not reweigh evidence); Richardson v. Perales, 402 U.S. 389, 401 (1971) (stating that the court will not overturn an ALJ's decision where it is supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion).
The ALJ correctly provided the VE with an accurate representation of Mr. Wade's RFC. Therefore, the ALJ's reliance on the VE's opinion that Mr. Wade could perform jobs that are available in the national economy was proper.
For the aforementioned reasons, the Court