DENNIS L. HOWELL, Magistrate Judge.
Plaintiff brought this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of the final decision by the Commissioner of Social Security ("Commissioner") denying Plaintiff's claim for disability benefits. The parties subsequently consented to the jurisdiction of this Court. This case is now before the Court on the parties' Motion for Summary Judgment and Motion for Judgment on the Pleadings. Upon a review of the record, the parties' briefs, and the relevant legal authority, the Court
Plaintiff filed an application for disability insurance benefits on January 8, 2014. (Transcript of Administrative Record ("T.") 157.) The application had a protective filing date of January 6, 2014. (T. 58.) Plaintiff alleged an onset date of December 15, 2013. (T. 315.) Subsequently, Plaintiff amended his alleged onset date to July 1, 2014. (T. 35-36.) The Social Security Administration denied Plaintiff's claim. (T. 86-90.) Plaintiff requested reconsideration of the decision, which was also denied. (T. 91-95.) A disability hearing was then held before an Administrative Law Judge ("ALJ"). (T. 30-57.) The ALJ then issued a decision finding that Plaintiff was not disabled from July 1, 2014, through the date of the decision. (T. 25.) Plaintiff requested review of the ALJ's decision. (T. 7-9.) The Appeals Council denied Plaintiff's request for review. (T. 1-3.) Plaintiff then brought this action seeking review of the Commissioner's decision.
An individual is disabled for purposes of receiving disability payments 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);
At the first two steps, the burden is on the claimant to make the requisite showing.
If the claimant fails to satisfy his or her burden at step three, however, then the ALJ must still determine the claimant's residual functional capacity ("RFC").
At step five, the ALJ must determine whether the claimant can perform other work.
In her October 14, 2015, decision the ALJ found that Plaintiff was not disabled under Sections 216(i) and 233(d) of the Social Security Act. (T. 25.) The ALJ made the following specific findings:
(T. 15-25.)
Section 405(g) of Title 42 provides that a plaintiff may file an action in federal court seeking judicial review of the Commissioner's denial of social security benefits.
Residual functional capacity is an administrative assessment made by the Commissioner as to what a claimant can still do despite his or her physical or mental limitations. SSR 96-8p, 1996 WL 374184 (Jul. 2, 1996); 20 C.F.R. §§ 404.1546(c); 404.946(c). In assessing a claimant's residual functional capacity, the ALJ will consider all of the claimant's medically determinable impairments, including those that are not severe. 20 C.F.R. § 404.1545(a)(2). The residual capacity assessment is based on the all the relevant medical and other evidence in the record. 20 C.F.R. § 404.1545(a)(3). In determining a claimant's residual functional capacity, the ALJ must identify the claimant's functional limitations or restrictions and assess the claimant's work-related abilities on a function-by-function basis. SSR 96-8p. The ALJ's assessment must include a narrative discussion detailing how the evidence in the record supports his or her conclusion. SSR 96-9p.
Here, the ALJ found that Plaintiff could perform the full range of medium work, as defined in Section 404.1567(c). (T. 17.) "Medium work involves lifting no more than 50 pounds at a time with frequent lifting or carrying of objects weighing up to 25 pounds. If someone can do medium work, we determine that he or she can also do sedentary and light work." 20 C.F.R. § 404.1567(c). In reaching her decision, the ALJ considered all the evidence in the record, set forth Plaintiff's functional limitations, assessed Plaintiff's work-related abilities on a function-by-function basis, and included a thorough narrative discussing how the evidence in the record supported her RFC. (T. 17-23.) Plaintiff, however, contends that the ALJ erred because substantial evidence in the record does not support the ALJ's RFC finding that Plaintiff is capable of performing the full range of medium work without at least some limitations, such as postural, fingering, walking, or standing.
Upon a review of the record, the Court finds that the ALJ's RFC determination is supported by substantial evidence. As the ALJ articulated in her decision, and as the Commissioner lays out in her brief in support of her Motion for Summary Judgment, substantial evidence supports the ALJ's finding that Plaintiff was capable of performing the full range of medium work without any limitations. For example, the ALJ discussed at great length the findings of Plaintiff's rheumatologist, Dr. Alison Johnson, who counseled Plaintiff that he could live a "normal healthy life" if he continued to treat his rheumatoid arthritis appropriately. (T. 297.) While Dr. Johnson provided Plaintiff a medical note to be out of work for three days on January, 21, 2014, Dr. Johnson also encouraged Plaintiff to continue working because the medications for his rheumatoid arthritis should treat his symptoms. (
Subsequent follow up examinations by Dr. Johnson showed improvements in swelling and range of motion in Plaintiff's hands and small joints, a normal gait, and 5/5 strength in his upper and lower extremities. (T. 359, 397.) Dr. Johnson also encouraged Plaintiff to exercise to address weight gain. (T. 361, 384, 398.) Plaintiff, however, refused to take even over the counter anti-inflammatories (T. 370), and failed to pick up a prescription for other medications (T. 394). Dr. Johnson also noted Plaintiff's prior failure to follow up for treatment. (T. 297.) On July 1, 2015, Dr. Johnson reported that Plaintiff's labs looked great, that his SR was normal, his CRP was stable and improved, and that there were no signs on the labs of persistent rheumatoid arthritis. (T. 423.)
Accordingly, there is substantial evidence in the record supporting the ALJ's determination that although Plaintiff had a history of rheumatoid arthritis, the most recent examinations were normal and showed that Plaintiff's rheumatoid arthritis was not active, and that Plaintiff could perform the full range of medium work. (T. 23.) In addition, substantial evidence supports the finding of the ALJ that Plaintiff's condition was controlled by medication (T. 23) and, thus, would not be disabling.
The Court