DAVID S. CAYER, Magistrate Judge.
The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c) and these Motions are now ripe for disposition.
Having considered the written arguments, administrative record, and applicable authority, the Court finds that Defendant's decision to deny Plaintiff Social Security disability benefits is supported by substantial evidence. Accordingly, the Court will
The procedural history is not in dispute. The Court adopts the procedural history as stated in the parties' briefs.
Plaintiff filed the present action on January 9, 2017. She assigns error to the Administrative Law Judge (ALJ)'s evaluation of her dyshidrotic eczema, formulation of her Residual Functional Capacity ("RFC"), and determination that she could perform her past relevant work.
The parties' cross-Motions are ripe for disposition.
The Social Security Act, 42 U.S.C. § 405(g) and § 1383(c)(3), limits this Court's review of a final decision of the Commissioner to: (1) whether substantial evidence supports the Commissioner's decision,
As the Social Security Act provides, "[t]he findings of the [Commissioner] as to any fact, if supported by substantial evidence, shall be conclusive." 42 U.S.C. § 405(g). In
The Fourth Circuit has long emphasized that it is not for a reviewing court to weigh the evidence again, nor to substitute its judgment for that of the Commissioner, assuming the Commissioner's final decision is supported by substantial evidence.
The question before the ALJ was whether Plaintiff became "disabled" at any time as that term is defined for Social Security purposes.
Plaintiff contends that the ALJ should have found her dyshidrotic eczema to be severe because it significantly limited her physical ability to perform basic work related functions. The ALJ found that Plaintiff only sporadically sought treatment for eczema and reported improvement following treatment. (Tr. 13, 315, 322, 390, 450-51, 475, and 477). There was no evidence that Plaintiff experienced any significant limitations resulting from eczema. (Tr. 14). Substantial evidence supports the ALJ's conclusion that Plaintiff's eczema did not cause more than a minimal limitation in her ability to work. (Tr. 13-14).
Plaintiff next challenges the ALJ's formulation of her RFC. The ALJ is solely responsible for assessing a claimant's RFC. 20 C.F.R. §§ 404.1546(c) & 416.946(c). In making that assessment, the ALJ must consider the functional limitations resulting from the claimant's medically determinable impairments. SSR96-8p at *2. However, it is the claimant's burden to establish her RFC by demonstrating how those impairments impact her functioning.
The Fourth Circuit recently held that "remand may be appropriate . . . where an ALJ fails to assess a claimant's capacity to perform relevant functions, despite contradictory evidence in the record, or where other inadequacies in the ALJ's analysis frustrate meaningful review."
The ALJ found that Plaintiff had the RFC "to perform light work as defined in 20 C.F.R. § 404.1567(b) except that she could only occasionally stoop, kneel, crouch, and crawl; frequently climb and balance; and have no concentrated exposure to hazards." (Tr. 15). The ALJ's RFC determination here is supported by substantial evidence including Plaintiff's testimony, medical records and treatment history. To the extent that Plaintiff is challenging the ALJ's credibility determination, a review of the ALJ's decision reveals that he applied the correct legal standard and his credibility determination is supported by substantial evidence.
Finally, Plaintiff challenges the ALJ's determination that she could perform her past relevant work. She argues that the ALJ was required to consult a Vocational Expert (V.E.) or the
Although the medical records establish that Plaintiff experienced pain and mental and emotional difficulties to some extent, as the Fourth Circuit has noted, it is the ALJ's responsibility, not the Court's, "to reconcile inconsistencies in the medical evidence."
1. Plaintiff's "Motion For Judgment on the Pleadings" (document #12) is
2. The Clerk is directed to send copies of this Memorandum and Order to counsel for the parties.