JANET F. KING, Magistrate Judge.
Plaintiff in the above-styled case brings this action pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to obtain judicial review of the final decision of the Commissioner of the Social Security Administration which denied his application for disability insurance benefits. For the reasons set forth below, the court
The Plaintiff-Claimant, Alvin Lewis Lucas, born January 29, 1963, seeks disability insurance benefits and supplemental security income based upon a combination of physical and mental impairments, including schizoaffective disorder, depression, and arthritis of the spine. [Doc. 10 at 2; Record ("R.") 146].
The claimant filed an application for supplemental security income on December 12, 2011, alleging that he became disabled on February 22, 2005. [R. 116, 272-77, 315]. After his application was denied initially and on reconsideration, an administrative hearing was held on November 22, 2013. [R. 116, 135-54]. The Administrative Law Judge ("ALJ") issued a decision denying Plaintiff's application on February 28, 2014, and the Appeals Council denied Plaintiff's request for review on July 16, 2015. [R. 1-7, 116-30]. Plaintiff filed his complaint in this court on August 21, 2015, seeking judicial review of the Commissioner's final decision. [Doc. 3]. The parties have consented to proceed before the undersigned Magistrate Judge.
The ALJ found that Plaintiff suffers from schizoaffective disorder, cognitive disorder, antisocial personality disorder, arthritis, hypertension, and obesity. [R. 118]. These impairments are "severe" within the meaning of the Social Security regulations. [R. 118]. However, the ALJ found that Plaintiff does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. [R. 118-20]. The ALJ found that Plaintiff had no past relevant work. [R. 128]. However, the ALJ found that there are other jobs that exist in significant numbers in the national economy that Plaintiff can perform. [R. 128-29]. As a result, the ALJ concluded that Plaintiff had not been under a disability from December 12, 2011, the date claimant's application for benefits was filed, through the date of the ALJ's decision. [R. 129].
The decision of the ALJ [R. 120-29] states the relevant facts of this case as modified herein as follows:
The claimant's allegations as presented in his testimony are that he is 50 years old and that he completed the seventh grade. He had been self-employed mowing lawns during 2005, 2006, and 2008, and he was laid off by a warehouse. He cannot work because he has back problems for which he takes medication, requiring him to use a cane, and he cannot sleep. The claimant also hears voices and sees things that are not there. His medications make him dizzy, and he is unable to focus. His diagnoses are bipolar disorder and schizophrenia.
The claimant further alleged that he lies down and elevates his legs to his chest daily and that he sleeps most of the day when at home.
The medical evidence of record shows that the claimant received medical care at Kirby Correctional Facility, starting in August 2008. In 2008 through 2009, the claimant complained of right chest pain or back pain, which was generally determined to be muscular pain (Exhibit B1F at 12-15). In July 2010, the claimant had an episode of foot pain (Exhibit B1F at 10). In October 2010, the claimant was noted to have been issued insoles for his tinea pedis. The claimant weighed 210 pounds at five feet nine inches tall (Exhibit B1F at 9). The claimant was also prescribed medication for hypertension (Exhibit B1F).
The claimant went to PriMed of Silver Hills on December 31, 2011, complaining of arthritic pain in the right hip, radiating down the leg. A physical examination revealed tenderness in the back and extremities, leading to prescription of pain medication, as well as hypertension medication (Exhibit B2F). On February 7, 2012, the claimant went to Health Services, Inc., complaining of right hip pain. He reported that he had been given Lortab during a recent emergency department visit, which relieved the pain, and he wanted more medication (Exhibit B7F at 2).
On February 21, 2012, Celtin Robertson, M.D. ("Dr. Robertson"), performed a physical consultative examination of the claimant. The claimant complained that he had right hip pain and that he is "useless" from his medication. The claimant reported walking from the Salvation Army to the park, taking several breaks. Plaintiff said that he sat on a park bench all day before returning to the Salvation Army and that he takes out the trash but performs no other chores.
Dr. Robertson weighed the claimant as 238 pounds at five feet seven inches tall. The claimant appeared drowsy, which he attributed to taking antipsychotic medication the previous night, and he also expressed pain in sitting or making any movement on or off the exam table. The claimant had brought a cane, which he obtained from a sister, and he walked with a right antalgic gait. He could not squat or walk on his heels or toes, and there were range of motion limitations. However, strength was full and straight leg raising test was normal. There was tenderness to the right lateral and anterior hip but no redness or warmth. Dr. Robertson concluded that the claimant's pain and range of motion limitations appeared out of proportion with the examination. The diminished severity of symptoms made it difficult to rule out malingering. The claimant's diagnosis was right hip pain (Exhibit B4F).
On April 13, 2012, the claimant returned to Health Service, Inc., where he complained of low back and hip pain since running out of medication three weeks earlier. The claimant weighed 245 pounds. Although hypertension was controlled, his medication was changed, and he was also noted to have degenerative joint disease and neuropathy (Exhibit B7F at 1). The claimant went to Grady Health System ("Grady") on October 5, 2012, complaining of moderate low back pain, radiating down his legs. Claimant reported that his low back pain was due to him falling off a roof five years earlier. Claimant was told that he had a herniated disc. The claimant ambulated without assistance and exhibited no tenderness, but he exhibited a decreased range of motion. The claimant wanted pain medication and a cane, and he was given Motrin (Exhibit B9F at 10-14).
On November 6, 2012, the claimant reported injuring his back by picking up a trash can two years earlier. Physical examination showed no radiation of back pain. The claimant was prescribed Tramadol and referred for physical therapy. The treating physician advised that the claimant would not receive any more pain medication unless claimant attended physical therapy and followed up on obtaining an x-ray (Exhibit B9F at 14-17). The claimant complained of an exacerbation of back pain on November 23, 2012, when he did more chores at his shelter. He had some tenderness, but a normal range of motion, and he was prescribed Naproxen and Flexeril (Exhibit B9F at 18-22). On November 30, 2012, the claimant complained of chronic back pain, and he was continued on Naprosyn (generic for Naproxen) and Tylenol (Exhibit B9F at 22-24).
The claimant returned to Grady for treatment of low back pain and right foot pain and left foot numbness on December 28, 2012. The claimant said that previous imaging showed that he had a bulging disc. The claimant's medications for pain were noted to be Naproxen (Naprosyn), Acetaminophen (Tylenol), Cyclobenzaprine (Flexeril), and Tramadol (Ultram). Gabapentin was added as a medication to address the claimant's foot numbness (Exhibit B3F at 2-6). On January 7, 2013, the claimant returned for assessment of physical therapy for back pain. Plaintiff was noted to have an independent gait and activities of daily living (Exhibit B13F at 6-9). In February 2013, the claimant's hypertension medication was refilled (Exhibit B13F at 9-12). In July 2013, the claimant's primary care physician at Grady wrote that the claimant "would benefit from having a cane to help with his gait and lower back pain and stability." (Exhibit B14F at 3-4).
The medical evidence of record shows that the claimant was admitted to a psychiatric hospital for an overdose of medication after his wife died (Exhibit B3F). After the suicide attempt, the claimant was treated at the Montgomery Area Mental Health Authority ("MAMHA") beginning in November 2006. The claimant, who reported having been in prison several times, reported hearing voices, and he was diagnosed with paranoid schizophrenia and prescribed medication. The next treatment record shows the claimant was in prison beginning in August 2008 (Exhibit B6F at 14-24).
The claimant was treated for mental health symptoms while in prison. In January 2011, the claimant mentioned no mood swings or hallucinations for six months (Exhibit B1F at 33). The claimant reported that he was "fine" with medication. Hallucinations were in remission, and there were no suicidal or homicidal ideations. The claimant's medications were Cogentin, Trazodone, and Risperdal. In March 2011, the claimant's impairments were schizoaffective disorder and alcohol and cocaine dependence. Zoloft was added to the medication, and the claimant appeared calm, fluent, cooperative, and coherent without suicidal ideation (Exhibit B1F at 45-46). The claimant denied depression or anxiety in June 2011. Plaintiff acknowledged that it took some time to find a combination of medications that worked for him, and he wanted to continue with compliance (Exhibit B1F at 44).
The claimant reported only one mood swing weekly and one hallucination monthly (Exhibit B1F at 32). The claimant had no complaints in September 2011, with fair appetite and sleep, and no depression or suicidal ideation (Exhibit B1F at 42). Later in the month, the claimant reported doing well, and a mental status examination showed the claimant to be alert, cooperative, and fully oriented, with fair eye contact, insight, and judgment (Exhibit B1F at 39). In November 2011, claimant's mood was improved, as he considered his impending release from prison (Exhibit B1F at 37). The claimant's concern in December 2011 was being able to find a job upon release (Exhibit B1F at 34).
After release from prison in December 2011, the claimant returned to MAMHA for treatment where he was observed to be euthymic and stable on medication.
In January 2012, Plaintiff spoke about people being out to get him, and claimant was focused on obtaining disability benefits (Exhibit B6F at 13). The claimant described profound paranoia, and his dose of Risperdal was increased (Exhibit B6F at 3). On February 23, 2012, the claimant went to MAMHA, where he sought a doctor's letter in order to enable him to stay longer at the Salvation Army. The claimant had a subdued mood, but he was described as alert and well oriented with good eye contact, relevant thought content, appropriate speech, and no delusions or hallucinations (Exhibit B12F at 2).
On February 23, 2012, Donald Blanton, Ph.D. ("Dr. Blanton"), performed a psychological consultative examination of the claimant. The claimant complained of stress, anger, and poor esteem for which he received mental health treatment in prison and as an outpatient. He also reported stopping use of cocaine and alcohol six years earlier. During the mental status examination, the claimant avoided eye contact, and he complained of depression and anxiety with low energy. Hallucinations were vaguely described, but he was alert and fully-oriented with limited insight and fair judgment. On the Wechsler Adult Intelligence Scale — Fourth Edition, the claimant attained a full-scale IQ of 48. The score was considered invalid due to lack of effort. Dr. Blanton opined that claimant's "true intellect [was] in the 65-80 IQ range." Dr. Blanton considered the claimant to have schizoaffective type schizophrenia, history of crack cocaine abuse, adjustment disorder due to release from prison and homelessness. Dr. Blanton noted the need to rule out mental retardation and antisocial personality disorder (Exhibit B5F).
MAMHA records show that the claimant had no hallucinations through May 2012. The claimant was maintained on the same medications (Exhibit B12F at 3-4). Plaintiff then moved from Alabama to Atlanta, Georgia.
On September 8, 2012, the claimant went to Grady for a refill of mental health medication. He showed no obvious signs or symptoms of distress but advised that he was hearing voices because he had been out of medication for one week (Exhibit B9F at 4-5). Two days later, he returned for mental health assessment, denying any substance abuse history, and he said that he felt that other people were talking about him (Exhibits B9F at 27 and B11F at 8-15). He returned on October 9, 2012, to report a history of depressed mood, but he currently was "ok." When he took his medication, he reported no more than intermittent non-threatening hallucinations (Exhibit B11F at 6). On November 5, 2012, the claimant asked that Golden Barnett, III, M.D. ("Dr. Barnett")
In addition to the treatment record, Dr. Barnett, Mr. Lucas's treating psychiatrist at Grady, completed a medical source statement on December 4, 2012, indicating that the claimant could not perform a full-time job since he had schizoaffective disorder, depressed type and cognitive disorder versus borderline intellectual functioning.
During the November 2013 evidentiary hearing, the vocational expert ("VE") Lane Westcott testified that given the hypothetical RFC presented by the ALJ, the individual claimant would be able to perform the requirements of representative occupations such as hand packer (light, unskilled, DOT #784.687-042, approximately 4,000 jobs in Georgia and approximately 500,000 jobs in the national economy); garment sorter (light, unskilled, DOT #222.687-014, approximately 2,100 jobs in Georgia and approximately 429,000 jobs in the national economy); and garment folder (light, unskilled, DOT #789.687-066, approximately 1,000 jobs in Georgia and approximately 430,000 jobs in the national economy).
An individual is considered to be disabled if 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[.]" 42 U.S.C. § 423(d)(1)(A). The impairment or impairments must result from anatomical, psychological, or physiological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques and must be of such severity that the claimant is not only unable to do his previous work but cannot, considering age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.
"We review the Commissioner's decision to determine if it is supported by substantial evidence and based upon proper legal standards."
"The burden is primarily on the claimant to prove that he is disabled, and therefore entitled to receive Social Security disability benefits."
The ALJ made the following findings of fact and conclusions of law:
1. The claimant has not engaged in substantial gainful activity since December 12, 2011, the application date (20 C.F.R. § 416.971 et seq.).
2. The claimant has the following severe impairments: schizoaffective disorder, cognitive disorder, antisocial personality disorder, arthritis, hypertension, and obesity (20 C.F.R. § 416.920(c)).
3. The claimant does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 (20 C.F.R. §§ 416.920(d), 416.925 and 416.926).
4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work as defined in 20 C.F.R. § 416.967(b), except the claimant can occasionally climb, balance, stoop, crouch, crawl, and kneel.
5. The claimant has no past relevant work (20 C.F.R. § 416.965).
6. The claimant was born on January 29, 1963, and was 48 years old, which is defined as a younger individual age 18-49, on the date the application was filed (20 C.F.R. § 416.963).
7. The claimant has a limited education and is able to communicate in English (20 C.F.R. § 416.964).
8. Transferability of job skills is not an issue because the claimant does not have past relevant work (20 C.F.R. § 416.968).
9. Considering the claimant's age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the claimant can perform (20 C.F.R. §§ 416.969 and 416.969(a)).
10. The claimant has not been under a disability, as defined in the Social Security Act, since December 12, 2011, the date the application was filed (20 C.F.R. § 416.920(g)).
[R. 118, 120, 128-29].
On appeal, Plaintiff asserts that the Commissioner's decision should be reversed on the following bases: 1) that the ALJ failed to apply the relevant legal standards in weighing evidence to formulate a residual functional capacity ("RFC"); 2) that the ALJ's credibility determination is unsupported by the facts and relevant legal standards; and 3) that the ALJ's finding that there are other jobs Plaintiff can perform is the product of legal error and is unsupported by substantial evidence. [Doc. 10 at 1, 10, 16, 18].
"The residual functional capacity is an assessment, based upon all of the relevant evidence, of a claimant's remaining ability to do work despite his impairments. . . . Along with his age, education and work experience, the claimant's residual functional capacity is considered in determining whether the claimant can work."
Plaintiff contends that the ALJ committed reversible error in assigning only little weight to Dr. Barnett's December 2012 opinion that Mr. Lucas could not sustain full time employment due to his mental impairments. [Doc. 10 at 10-16]. Specifically, Dr. Barnett opined that:
[R. 534]. In addition, Dr. Barnett estimated that Mr. Lucas had "extreme" limitations in his ability to maintain concentration, pace and attention for extended periods of at least 2 hours, his ability to understand, carry out and remember instructions, his ability to respond to customary work pressures, and his ability to perform complex, repetitive, or varied tasks. [R. 535-36]. Dr. Barnett estimated that Mr. Lucas had "marked" limitations in his ability to relate to other people and respond appropriately to supervision, his ability to respond appropriately to changes in the work setting, and his ability to use good judgment on the job. [R. 535].
As an initial matter, because the determination about whether a claimant has met the statutory definition of disability is reserved to the Commissioner, a medical source's opinion that a claimant is disabled is not controlling.
The Eleventh Circuit has consistently held that opinions of treating physicians must be accorded substantial or considerable weight by the Commissioner unless good cause exists to discredit these opinions.
Here, the ALJ had good cause to reject Dr. Barnett's opinion in that Dr. Barnett's RFC opinion was inconsistent with his own treatment notes and inconsistent with the rest of the record. [R. 124-25].
[R. 538]. In the same entry, Dr. Barnett indicated that Plaintiff's hygiene and grooming were fair and interaction was good, with pleasant and cooperative behavior. Plaintiff's cognition was in tact, judgment was fair to good, and insight was good. Claimant denied hallucinations, and his thought was logical (Exhibit B11F at 3). [R. 127, 539]. The ALJ commented on another contradiction between a February 2013, treatment note, in which Dr. Barnett considered Plaintiff to be moderately impaired in multi-step processes (Exhibit B13F at 13), and his medical source statement in which he opines that Plaintiff has extreme difficulties with complex, multi-step instructions. [R. 127]. Significantly, the ALJ noted that treatment records from September 2012 show that "[w]hen he took his medication, [Mr. Lucas] had no more than intermittent non-threatening hallucinations." [R. 125 (citing Exhibit B11F at 6)]. Accordingly, the Court finds that the ALJ had good cause not to credit the treating psychiatrist's RFC opinion.
Moreover, the undersigned considers the ALJ's comment that Dr. Barnett's RFC opinion and medical source statement may have been influenced by sympathy, emotion, or the treatment relationship with Claimant as gratuitous.
Finally, in assigning little weight to Dr. Barnett's mental RFC opinion, the ALJ did not "play doctor and make [his] own independent medical findings." [Doc. 10 at 15-16 (quoting
The Court therefore finds that substantial evidence supports the ALJ's assignment of little weight to Dr. Barnett's opinion as to Claimant's functional capacity.
Although Plaintiff does not use the phrase, "function-by-function assessment," Plaintiff next argues that the ALJ erred in the RFC assessment by failing to speak directly to certain of the work-related mental abilities. [Doc. 10 at 10]. Plaintiff contends that the ALJ did not account for or make findings as to all of his mental or non-exertional limitations, namely, Plaintiff's abilities to: "use judgment in making work-related decisions; respond appropriately to supervision, co-workers and work situations; and deal with changes in a routine work setting."
Social Security Ruling 96-8p provides, "The RFC assessment must first identify the individual's functional limitations or restrictions and assess his or her work-related abilities on a function-by-function basis. . . ." With regard to non-exertional capacity, SSR 96-8p gives examples of work-related functions that must be considered when assessing RFC for an individual with mental impairments and impairments affecting vision, hearing, or speech.
Similarly, Social Security Ruling 85-15, which governs the evaluation of mental impairments not of listing severity, adds that, "[a] substantial loss of ability to meet any of these basic work-related activities would severely limit the potential occupational base . . . [and] in turn, would justify a finding of disability because even favorable age, education, or work experience will not offset such a severely limited occupational base." SSR 85-15, 1985 WL 56857 (January 1, 1985) (emphasis added).
In this case, the ALJ did not find evidence of substantial loss as to any of these basic work-related activities despite Plaintiff's mental impairments in light of the ample record evidence indicating that Claimant's mental impairments are successfully managed as long as Claimant is medication-compliant.
In fashioning the mental RFC, the ALJ nonetheless took into account Claimant's medications and side effects. [R. 127-28]. Claimant testified that he experienced dizziness and lack of focus at times. [R. 140]. The ALJ's RFC noted these complaints and included the restriction that claimant "avoid concentrated exposure to hazardous machinery" plus limited Plaintiff to "simple tasks of one to three steps." [R. 120]. The ALJ further noted that he was allowing for "non-detailed tasks" in the RFC and that, in case Plaintiff "is distracted by a hallucination or an episode of depression or anxiety, or if his medication makes him less alert, he can proceed with tasks that are routine and do not demand much thought." [R. 127].
The ALJ also took into account Claimant's social functioning and ability to interact with other people in a work environment by restricting Claimant to "limited contact with the public, working with things, rather than people." [R. 120, 127-28]. The ALJ asked the VE to identify jobs available "with very limited contact with the public." [R. 150]. In addition, the ALJ explained that:
[R. 150]. The ALJ's RFC implicitly encompassed Claimant's ability to interact with supervisors and/or ability to respond to supervision.
The Court finds that the ALJ's RFC adequately addresses Plaintiff's mental impairments and is supported by substantial evidence.
The Court also finds that the ALJ's credibility determination comports with proper legal standards and is supported by substantial evidence. When a claimant seeks to establish disability through subjective testimony concerning pain or other symptoms, a "pain standard" established by the Eleventh Circuit applies.
Where a claimant's testimony, if credited, could support the claimant's disability, the ALJ must make and explain a finding concerning the credibility of the claimant's testimony.
In this case, the ALJ found that while the "claimant's medically determinable impairments could reasonably be expected to cause some symptoms . . ., the claimant's statements concerning the intensity, persistence and limiting effects of these symptoms are not entirely credible. . . ." [R. 127]. In support of this finding, the ALJ looked to the conservative treatment record for both Plaintiff's physical and mental impairments. For instance, regarding Plaintiff's arthritis, the ALJ noted that the objective medical evidence of record such as an x-ray of Plaintiff's lumbar spine from November 2012 "reflected no acute fracture, misalignment, or dislocation, with minimal endplate osteophytes" (Exhibit B9F at 43). [R. 123]. Similarly, imaging did not reveal "any nerve root compression, which would be related to the most serious spinal pain, and [] is inconsistent with the level of pain the [Claimant] complains of having." [R. 123]. In addition, the treatment record as a whole, which did not include any recommended braces, epidural steroid injections, or surgery to address his back pain [R. 123] was inconsistent with Claimant's testimony [R. 141] that his daily back pain rates a seven or eight on a scale of one to ten (with ten being the most painful). [R. 141]. The ALJ did not find Claimant's testimony that he is forced to lie down most of the day with his legs elevated and pulled towards his chest credible given Claimant's testimony [R. 142] that he goes to Park Place (mental health treatment facility) every day for assistance from the counselors there. [R. 142]. The ALJ also pointed to Claimant's testimony that he requires use of his cane every day and noted that multiple physical examinations indicate that Plaintiff had a normal gait. [R. 123, 139].
As for Claimant's credibility concerning the impact of his mental impairments, the ALJ pointed out that Claimant had not required hospitalization during the relevant time period due to the effective management of symptoms (including psychosis and paranoia) with medication. [R. 126]. Claimant admitted that, although he was hospitalized at least twice due to suicidal ideations associated with his schizophrenia, he had not required inpatient hospitalization since that time due to his treatment with medication.
In sum, the ALJ's credibility determination is supported by substantial evidence.
Claimant's final argument on appeal is that the ALJ committed reversible error by failing to include or otherwise account for all of Claimant's impairments within the hypothetical questions posed to the VE. Relying on the premise that the hypothetical and VE testimony did not fully assume all of Claimant's limitations, Claimant contends that the ALJ's reliance on the VE testimony does not constitute substantial evidence.
As discussed supra, the burden shifted to the Commissioner at the fifth step to show that Plaintiff is able to perform other work that exists in significant numbers in the national economy.
"There are two avenues by which the ALJ may determine whether a claimant has the ability to adjust to other work in the national economy: (i) by applying the 20 C.F.R. Part 404 Medical-Vocational Guidelines (the `Grids'); and (ii) by the use of a VE, an expert on the kinds of jobs an individual can perform based on [her] capacity and impairments."
The Court finds that in the present case, the ALJ met his burden. The ALJ not only used the grids as a framework to conclude that a finding of "not disabled" was appropriate, but he introduced independent evidence in the form of testimony from a VE to establish that Claimant is capable of performing representative occupations such as hand packer, garment sorter, and garment folder. [R. 129]. According to Plaintiff, the ALJ committed error by failing to incorporate the limitations Dr. Barnett identified within his medical source statement — contained in the third hypothetical from the ALJ — which would have resulted in the preclusion of all work.
[R. 150]. The ALJ elaborated further and emphasized that:
[R. 150]. The ALJ's second hypothetical asked the VE to consider the availability of jobs that could accommodate identical non-exertional limitations with the lower exertional level of sedentary work. [R. 151]. In the third hypothetical question, modeled after Dr. Barnett's mental RFC opinion, the ALJ asked the VE to consider the same hypothetical person as described in the first two questions but add "a marked degree of symptomology on the mental in two main areas, social interaction and concentration, persistence, and pace . . . with marked problems in the ability to complete a normal workday and workweek without interruptions from psychologically based symptoms, such that [the] hypothetical person couldn't sustain even simple, one, two, three-step tasks on a routine basis." [R. 151]. The VE testified that these limitations would rule out all prior occupations provided and preclude all work in the competitive labor market.
Finally, to the extent that Plaintiff suggests that the ALJ erred in failing to explicitly include within a hypothetical to the VE that Claimant has a moderate limitation with respect to his ability to maintain concentration, persistence, and pace, the Court is persuaded that any such error would be harmless on this record.
The same is true in the instant case. As discussed, supra, the ALJ implicitly incorporated a moderate limitation as to concentration, persistence, and pace into the first two hypotheticals by asking the VE to factor in "understanding, remembering, and carry [ing] out simple one, two, three-step tasks, with very limited contact with the public." [R. 150].
Accordingly, substantial evidence supports the ALJ's findings at step five that notwithstanding Plaintiff's RFC, age, education, and past work experience, Plaintiff is capable of performing other work and is, therefore, not disabled.
Based on the forgoing reasons and cited authority, the Court finds that the decision of the ALJ was supported by substantial evidence and was the result of an application of proper legal standards. It is, therefore,
[R. 520].
[R. 128 (emphases provided)].
[R. 119].
[R. 143].
The