ERIC F. MELGREN, UNITED STATES DISTRICT JUDGE.
Plaintiff Joan Walter seeks review of a final decision by Defendant, the Commissioner of Social Security ("Commissioner"), denying her application for disability insurance benefits under Title II of the Social Security Act. Walter alleges that the administrative law judge ("ALJ") erred (1) in assessing her residual functional capacity ("RFC"), (2) by posing an inadequate hypothetical question to the vocational expert
Joan Walter was born on August 8, 1958. On May 8, 2013, Walter applied for disability and disability insurance benefits alleging a disability beginning on October 8, 2008. She alleged that she was unable to work due to several disorders including fibromyalgia, chronic fatigue, and osteoarthritis. Walter's application was denied initially and upon reconsideration. She then asked for a hearing before an ALJ.
ALJ Janice Barnes-Williams conducted an administrative hearing on September 8, 2014. Walter was represented by counsel, and Walter testified about her medical conditions. The ALJ also heard from a vocational expert.
On November 24, 2014, the ALJ issued her written decision, finding that Walter had not engaged in substantial gainful activity since the alleged onset date. The ALJ found that Walter suffered from status post cervical fusion with degenerative disc disease and radiculopathy, mild lumbar spondylosis with mild degenerative changes at the sciatic joint, and fibromyalgia. The ALJ determined that Walter's impairment or combination of impairments did not meet or medically equal one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1.
The ALJ determined that Walter had the RFC
The ALJ then determined that Walter was unable to perform any of her past relevant work. However, considering Walter's age (advanced because she was 55 years old on the date last insured), education, work skills, and RFC, the ALJ determined that jobs existed in the national economy that Walter could still perform. Thus, the ALJ concluded that Walter had not been under a disability from October 8, 2008 (the alleged onset date), through June 30, 2014 (the date last insured).
Given the unfavorable result, Walter requested reconsideration of the ALJ's decision from the Appeals Council. The Appeals Council denied Walter's request on January 29, 2016. Accordingly, the ALJ's November 2014 decision became the final decision of the Commissioner.
Walter filed a Complaint in the United States District Court for the District of Kansas. She seeks reversal of the ALJ's decision. Because Walter has exhausted all administrative remedies available, this Court has jurisdiction to review the decision.
Judicial review of the Commissioner's decision is guided by the Social Security Act (the "Act") which provides, in part, that the "findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be
An individual is under a disability only if she can "establish that she has a physical or mental impairment which prevents her from engaging in substantial gainful activity and is expected to result in death or to last for a continuous period of at least twelve months."
Pursuant to the Act, the Social Security Administration has established a five-step sequential evaluation process for determining whether an individual is disabled.
The first three steps of the sequential evaluation require the Commissioner to assess: (1) whether the claimant has engaged in substantial gainful activity since the onset of the alleged disability; (2) whether the claimant has a severe, or combination of severe, impairments; and (3) whether the severity of those severe impairments meets or equals a designated list of impairments.
Upon assessing the claimant's residual functional capacity, the Commissioner moves on to steps four and five, which require the Commissioner to determine whether the claimant can either perform her past relevant work or whether she can generally perform other work that exists
Plaintiff alleges that the ALJ erred (1) in assessing her RFC, (2) by posing an inadequate hypothetical question to the vocational expert and relying on the flawed testimony, and (3) in finding that she was not entirely credible. The Court will only address Plaintiff's first contention.
"Residual functional capacity consists of those activities that a claimant can still perform on a regular and continuing basis despite his or her physical limitations."
In this case, Plaintiff's treating physician, Dr. Cahill, stated that Plaintiff could sit and stand two hours in an eight-hour workday and that she could only occasionally perform fine manipulation, gross manipulation, and reaching. The ALJ afforded little weight to Dr. Cahill's opinion. Instead, the ALJ determined that Plaintiff could stand and/or walk up to six hours in an eight-hour workday and sit up to six hours. With regard to Plaintiff's arm movements, the RFC provided that Plaintiff could lift 20 pounds occasionally and 10 pounds frequently. In addition, the ALJ found that Plaintiff could frequently reach but needed to avoid overhead reaching. The ALJ did not provide any manipulation limitations.
Plaintiff asserts that the ALJ erred in giving little weight to Dr. Cahill's opinion and thus erred in assessing her RFC. Specifically, Plaintiff contends that the ALJ failed to include Dr. Cahill's limitations that Plaintiff could only perform fine manipulation, gross manipulation, and reaching "occasionally" up to one-third of the eight-hour workday. As noted by Plaintiff, the ALJ did not address or even acknowledge these stated reaching and manipulation limitations. Furthermore, as Plaintiff points out, Social Security Ruling 85-15 provides:
Thus, reaching and manipulation considerations appear to be an important consideration when determining a plaintiff's RFC and the jobs available.
The ALJ has a duty to consider all the medical opinions in the record and discuss the weight assigned to each opinion.
In the Commissioner's brief, the Commissioner attempts to tie all the underlying evidence together. The Commissioner explains in detail that Dr. Coleman's findings and opinion were supported by the "objective medical evidence." Specifically, the Commissioner asserts that the ALJ reasonably concluded that Dr. Coleman's
The issue, however, is that the ALJ never discussed Dr. Coleman's findings or opinion in her order. Thus, the Court does not have the ability to determine whether the Commissioner's assertion that the ALJ properly discounted Dr. Cahill's opinion in favor of Dr. Coleman's is correct. Indeed, this argument appears to be a post-hoc justification of the evidence. "[T]he district court may not create post-hoc rationalizations to explain the Commissioner's treatment of evidence when that treatment is not apparent from the Commissioner's decision itself."
Here, the ALJ stated that she gave little weight to Plaintiff's treating physician's opinion. The opinion did not discuss the above factors for assigning little weight to the treating physician's opinion or in determining the amount of deference given to the opinion. Although the ALJ need not formally and exhaustively review all of the factors concerning a medical opinion from a treating physician, the ALJ's decision should provide for meaningful review on the issue. Furthermore, the ALJ never discussed Dr. Coleman's opinion so it would appear that Dr. Coleman's opinion was not given any weight which would be contrary to the Commissioner's statements in her brief to this Court.
As noted above, this Court's job is not to reweigh the evidence or substitute its judgment for that of the Commissioner.
Plaintiff requests that the Court reverse the decision with directions to the Commissioner for an immediate award of disability insurance benefits. In some cases, an immediate award of benefits is appropriate.