MONTI L. BELOT, District Judge.
Plaintiff brought this action for review of the Commissioner's decision denying her application for supplemental security income benefits. Plaintiff claims she is entitled to benefits because she is disabled. Following a hearing, an Administrative Law Judge (ALJ) denied her application and the Appeals Council denied review, making the ALJ's ruling the final decision of the Commissioner for purposes of review.
The court's standard of review is contained in 42 U.S.C. § 405(g), which provides in part that "[t]he findings of the Commissioner as to any fact, if supported by substantial evidence, shall be conclusive, ..." The court should review the Commissioner's decision to determine only whether the decision was supported by substantial evidence and whether the Commissioner applied the correct legal standards.
Substantial evidence requires more than a scintilla, but less than a preponderance, and is satisfied by such evidence as a reasonable mind might accept as adequate to support the conclusion. The determination is not simply a quantitative exercise, for evidence is not substantial if it is overwhelmed by other evidence or if it really constitutes a mere conclusion.
Although the court is not to reweigh the evidence, the findings of the Commissioner will not be mechanically accepted. Nor will the findings be affirmed by isolating facts and labeling them substantial evidence, as the court must scrutinize the entire record in determining whether the Commissioner's conclusions are rational.
The Social Security Act provides that an individual shall be determined to be under a disability only if the claimant can establish that she has a physical or mental impairment expected to result in death or last for a continuous period of twelve months which prevents her from engaging in substantial gainful activity (SGA). The claimant's physical or mental impairment or impairments must be of such severity that she is not only unable to perform her previous work but cannot, considering her age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.
The claimant bears the burden of proof through step four of the analysis.
ALJ Michael R. Dayton issued a written opinion denying plaintiff's application on April 19, 2012. (Doc. 10). At step one, he found that plaintiff had engaged in substantial gainful activity (SGA) from the alleged onset date of disability, April 2, 2005, through December 31, 2008. There was a continuous 12-month period thereafter in which plaintiff had not engaged in SGA, and the ALJ accordingly examined the remaining steps with respect to the latter period.
At step two, the ALJ found that plaintiff, who was thirty years old at the alleged onset date, had the following severe impairments: fibromyalgia, degenerative disc disease of the lumbar spine, obesity, and asthma. Doc. 10 at 20. He also found that plaintiff had a medically determinable mental impairment (dysthmia, or adjustment disorder with depressed mood), but that it did not cause more than minimal limitation on plaintiff's ability to work and was therefore non-severe.
At step three, the ALJ found that none of plaintiff's impairments, alone or in combination, met or exceeded the impairments listed in the regulations.
The ALJ next determined that plaintiff has the following residual functional capacity (RFC). She has the capacity to perform light work in that she can lift and/or carry 20 pounds occasionally and 10 pounds frequently; with normal breaks she can stand and/or walk for 6 hours of an 8-hour day and sit for 6 hours of an 8-hour day; and she can push and pull the weights listed above. She can frequently balance, and occasionally climb, stoop, kneel, crouch and crawl. She should avoid concentrated exposure to fumes, odors, dusts, gases, poor ventilation, and other pulmonary irritants.
At step four, the ALJ found that plaintiff was not disabled because she was capable of performing her past relevant work as a fast food worker. Alternatively, at step five, he found that plaintiff was capable of performing other jobs that exist in significant numbers in the national economy, including push connector assembler, bench assembler, bonder semi-conductor, and touch-up screener. Doc. 10 at 28. As such, he found that plaintiff had not been under a disability since her application date.
Plaintiff contends the ALJ erred in the following respects: (1) by failing at steps 4 and 5 of the sequential analysis; (2) by failing to properly evaluate the medical source and other opinions and (3) by failing to properly evaluate plaintiff's credibility. Doc. 14 at 2.
1.
In determining the RFC, the ALJ must consider all medically determinable impairments, including those that are not severe. 20 C.F.R. §404.1545(a)(2). The ALJ's opinion shows that he did consider plaintiff's mild limitation on social functioning in evaluating plaintiff's RFC. After extensively analyzing the evidence concerning this limitation and concluding at step 2 that it was not severe, the ALJ noted that the evaluation at steps 4 and 5 required a more detailed consideration of the various categories in "paragraph B" of Listing 12.00 of the Listing of Impairments (SSR 96-8p), and therefore "the following residual functional capacity assessment reflects the degree of limitation the undersigned has found in the `paragraph B' mental function analysis." Doc. 10 at 22. In explaining his subsequent RFC findings, the ALJ considered and gave significant weight to the opinions of state agency medical and psychological consultants, noting they provided specific reasons for their opinions, they were internally consistent, and they were consistent with the record as a whole. The consulting psychiatrist he referred to, Dr. Warrender, opined that plaintiff had an affective disorder and a resulting mild degree of limitation on maintaining social functioning, but that the impairment was not severe and plaintiff's alleged limitations were not fully credible. Warrender cited the report of Dr. Nystrom, an examining psychologist who found that plaintiff had a mild limitation but no psychological disorder that would prevent plaintiff from being able to understand and remember simple instructions, sustain concentration and persistence, keep pace in a work setting, and maintain appropriate social interactions. Doc. 10 at 459.
The RFC is "the most [a claimant] can do despite [his or her] limitations." 20 C.F.R. 404.1545(a). In spite of plaintiff's limitation, as Dr. Warrender noted, she could maintain appropriate social interactions, understand and remember simple instructions, sustain concentration, and keep pace in a work setting.
2.
A treating physician's opinion must be given controlling weight if it is supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with other substantial evidence in the record.
Plaintiff next asserts that the ALJ erred by giving significant weight to the opinions of reviewing state agency doctors. In particular, plaintiff argues that one of the doctor's reports had "shaky underpinnings" because, according to plaintiff, it included an incorrectly scored mini-mental state exam. Doc. 14 at 7. Plaintiff's argument that the test was incorrectly scored appears speculative at best. Doc. 14 at 7.
Plaintiff next argues that the ALJ erred by failing to consider third-party function reports from her significant other. Doc. 14 at 8. The Commissioner appears to concede that the ALJ erred by not discussing these reports, Doc. 17 at 8, but argues the failure to do so was harmless. The court agrees. In addressing plaintiff's credibility, the ALJ concluded that plaintiff's subjective complaints "are found to be exaggerated and inconsistent with the other evidence, including the clinical and objective findings of record...." Doc. 10 at 26. The reports from plaintiff's significant other were essentially cumulative. They stood on the same footing as plaintiff's complaints, and the ALJ's analysis of plaintiff's credibility necessarily applies to those reports as well. Under the circumstances, any error in failing to discuss these reports was harmless.
3.
The ALJ must consider the entire case record, including the objective medical evidence, in determining whether a plaintiff's subjective claims of pain are credible. SSR 96-7p, 1996 WL 374186, *1 (July 2, 1996). A claimant's subjective complaints are evaluated for credibility under a three-step analysis that asks:
The ALJ cited the appropriate standards in his opinion and applied them. He reviewed plaintiff's complaints and found that her determinable impairments could be expected to cause the alleged symptoms, but that plaintiff's statements concerning the intensity, persistence, and limiting effects of the symptoms were not credible to the extent they were inconsistent with the RFC. He tied his findings to the record, noting among other things, for example, that despite plaintiff's long history and treatment for fibromyalgia dating back to almost 2000, she was able to work on a full-time basis through the end of 2008, and her treatment records indicated that her symptoms responded well to medication, leaving her feeling "much better" and "not in pain." Doc. 10 at 24. He noted that plaintiff had a history of treatment for low back pain as well but that an MRI showed only mild degenerative changes. Testing indicated no problem with motor function and no abnormalities of sensation in her lower extremities, and plaintiff was able to ambulate without an assistive device. An examination in 2009 reflected that plaintiff had "no difficulty with orthopaedic maneuvers." Doc. 10 at 24 (citing to examining doctor's report showing, among other things, no difficulty in heel to toe walking or squatting and arising from a seated position). The ALJ also noted that plaintiff had suffered from asthma since childhood, but records showed it had generally been well controlled with medication, with no clubbing or cyanosis, and was indicative of "mild lung disease." Doc. 10 at 24. The ALJ addressed other aspects of the record as well that weighed against plaintiff's assertion that she was incapable of performing any sort of work.
"Credibility determinations are peculiarly the province of the finder of fact, and we will not upset such determinations when supported by substantial evidence, provided the determinations are closely and affirmatively linked to that evidence."
The decision of the Commissioner denying disability benefits is affirmed.
IT IS SO ORDERED.