LOUISE W. FLANAGAN, District Judge.
This matter is before the court on the parties' cross motions for judgment on the pleadings. (DE 18, 21). Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge James E. Gates entered a memorandum and recommendation ("M&R"), wherein it is recommended that the court deny plaintiff's motion, grant defendant's motion, and affirm defendant's decision below. Plaintiff timely filed an objection to the M&R and defendant's time for response has expired. Thus, the issues raised are ripe for ruling. For the reasons that follow, the court adopts the M&R as its own, grants defendant's motion, denies plaintiff's motion, and affirms defendant's final decision.
On March 10, 2011, plaintiff filed an application for disability insurance benefits. On March 14, 2011, plaintiff filed an application for supplemental security income. Both applications alleged a disability onset date of May 18, 2010. The applications were denied both initially and upon reconsideration. Thereafter, plaintiff filed a request for a hearing before an administrative law judge ("ALJ"), who, after a May 8, 2013, hearing, denied plaintiff's claims by order entered July 18, 2013. Following the ALJ's denial of her applications, plaintiff timely filed a request for review with the Appeals Council. On August 27, 2014, the Appeals Council admitted additional evidence into the record. However, the Appeals Council ultimately denied plaintiff's request for review, leaving the ALJ's decision as defendant's final decision. On September 27, 2014, plaintiff timely filed complaint in this court seeking review of defendant's decision.
The court has jurisdiction under 42 U.S.C. § 405(g) to review defendant's final decision denying benefits. The court must uphold the factual findings of the ALJ "if they are supported by substantial evidence and were reached through application of the correct legal standard."
To assist it in its review of defendant's denial of benefits, the court may "designate a magistrate judge to conduct hearings . . . and to submit . . . proposed findings of fact and recommendations for the disposition [of the motions for judgment on the pleadings]."
The ALJ's determination of eligibility for Social Security benefits involves a five-step sequential evaluation process, which asks whether:
In the instant matter, the ALJ performed the sequential evaluation. At step one, the ALJ found that plaintiff had not engaged in substantial gainful activity since May 18, 2010, her alleged date of disability onset. At step two, the ALJ found that plaintiff had the following severe impairments: right knee degenerative joint disease, obesity, post-traumatic stress disorder, bipolar disorder, personality disorder, and attention deficit hyperactivity disorder. However, at step three, the ALJ further determined that these impairments were not severe enough, either individually or in combination, to meet or medically equal one of the Listings in the regulations. Applying the special technique for evaluation of mental impairments, the ALJ found that plaintiff's mental impairments resulted in mild restriction in activities of daily living, moderate difficulties in social functioning, and moderate limitations in concentration, persistence, or pace. In addition, the ALJ found that plaintiff had suffered no extended periods of decompensation.
Before proceeding to step four, the ALJ determined that during the relevant time period plaintiff had the residual functional capacity ("RFC") to perform light work, subject to certain limitations. These limitations are as follows:
(Tr. 22). At step four, the ALJ concluded plaintiff was unable to perform her past relevant work. At step five, the ALJ found that there are jobs that exist in significant numbers in the national economy that plaintiff can perform. Thus, the ALJ concluded that plaintiff was not disabled under the terms of the Social Security Act.
Plaintiff contends the ALJ erred in "refus[ing] to give controlling weight to the opinions of [her] treating [medical] providers." (Pl.'s Obj., DE 24, 3). The ALJ, instead, gave "little weight" to the opinion of Dr. Kisha James ("James"), (Tr. 601), as well as the opinion of Melody Granger ("Granger"), a licensed professional counselor (Tr. 488-89), both of whom treated plaintiff's bipolar disorder. James and Granger both opine that plaintiff is unable to work. Unfortunately, the regulations foreclose plaintiff's argument.
The ALJ must weigh and evaluate all medical opinions received, regardless of their source. 20 C.F.R. §§ 404.1527(c), 416.927(c). Generally, opinions from treating sources are given greater weight than opinions from non-treating sources, such as consultative examiners. 20 C.F.R. §§ 404.1527(c)(2), 416.927(c)(2). However, although a treating source's opinion usually is afforded "great weight," the ALJ is not required to afford it "controlling weight."
The ALJ properly discounted James's opinion. (
Inasmuch as James's conclusory statement that plaintiff is affected in her ability to "complete basic life tasks," is severable from her opinion that plaintiff "is unable to work," such opinion still is not entitled to "controlling weight." (Tr. 601). "When a treating physician's opinion consists of nothing more than conclusory statements, the opinion is not entitled to greater weight than any other physician's opinion."
In addition, the ALJ properly discounted Granger's opinion. Granger is a licensed counselor, not a physician or psychologist; thus, her opinions may not be given "controlling weight." "Controlling weight" may be given only to "medical opinions,"
In sum, neither James's nor Granger's opinions were entitled to "controlling weight" under the regulations. Defendant's procedure precludes application of "controlling weight" to either of these opinions. In addition, plaintiff does not challenge otherwise the weight given to these opinions.
Based on the foregoing, the court ADOPTS the M&R as its own. Plaintiff's motion for judgment on the pleadings (DE 18) is DENIED, and defendant's motion for judgment on the pleadings (DE 20) is GRANTED. The clerk of court is DIRECTED to close this case.
SO ORDERED.