MARTIN REIDINGER, District Judge.
The Plaintiff, Debra Ann Smith ("Plaintiff"), filed an application for supplemental security income under Title XVI of the Social Security Act (the "Act"), alleging an onset date of May 9, 2012. [Transcript ("T.") at 226]. The Plaintiff's application was denied initially and upon reconsideration. [T. at 152, 164]. Upon Plaintiff's request, a hearing was held on September 22, 2016 before an Administrative Law Judge ("ALJ"). [T. at 46-83]. At the hearing, the Plaintiff amended her alleged onset date to November 30, 2014. On October 13, 2016, the ALJ issued a written decision denying the Plaintiff benefits, finding that the Plaintiff was not disabled within the meaning of the Act since the alleged amended onset date November 30, 2014. [T. at 17-45]. The Appeals Council denied the Plaintiff's request for review, thereby making the ALJ's decision the final decision of the Commissioner. [T. at 1-5]. The Plaintiff has exhausted all available administrative remedies, and this case is now ripe for review pursuant to 42 U.S.C. § 405(g).
The Court's review of a final decision of the Commissioner is limited to (1) whether substantial evidence supports the Commissioner's decision,
"In reviewing for substantial evidence, [the Court should] not undertake to reweigh conflicting evidence, make credibility determinations, or substitute [its] judgment for that of the ALJ."
A "disability" entitling a claimant to benefits under the Social Security Act, as relevant here, is "[the] inability 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). The Social Security Administration Regulations set out a detailed five-step process for reviewing applications for disability. 20 C.F.R. §§ 404.1520, 416.920;
At step one, the ALJ determines whether the claimant is engaged in substantial gainful activity. If so, the claimant's application is denied regardless of the medical condition, age, education, or work experience of the claimant.
At step three, the ALJ must determine whether one or more of the claimant's impairments meets or equals one of the listed impairments ("Listings") found at 20 C.F.R. 404, Appendix 1 to Subpart P. If so, the claimant is automatically deemed disabled regardless of age, education or work experience.
At step four, the claimant must show that his or her limitations prevent the claimant from performing his or her past work. 20 C.F.R. §§ 404.1520, 416.920;
At step one, the ALJ found that the Plaintiff has not engaged in substantial gainful activity since her alleged amended onset date, November 30, 2014. [T. at 22]. At step two, the ALJ found that the Plaintiff has severe impairments including mental disorders, variously characterized as depression, bipolar disorder, unspecified anxiety disorder, post-traumatic stress disorder ("PTSD"), borderline personality disorder, borderline intellectual functioning, as well as chronic obstructive pulmonary disease ("COPD"), asthma, degenerative disc disease, and migraines. [T. at 22-23]. At step three, the ALJ determined that the Plaintiff does not have an impairment or combination of impairments that meets or medically equals the Listings. [T. at 24]. The ALJ then determined that the Plaintiff, notwithstanding his impairments, has the RFC:
[T. at 28].
At step four, the ALJ identified Plaintiff's past relevant work as a cleaner. [T. at 38]. The ALJ then found, based upon the testimony of the VE, that the Plaintiff's past relevant work is categorized by the Dictionary of Occupational Titles (hereinafter "DOT") as "Cleaner; Housekeeping" and classified as "light, unskilled work with a [Specific Vocational Preparation] of 2." [
In this appeal, the Plaintiff sets out two assignments of error. First, the Plaintiff asserts that the ALJ erred in failing to make "a finding of fact as to the physical and mental demands" of the Plaintiff's past work, as required by Social Security Ruling 82-62. [Doc. 13 at 6]. Second, the Plaintiff asserts that the ALJ erred in failing to identify an apparent conflict between the VE's testimony and the Plaintiff's past work. [
At Step Four, the ALJ reviews an individual's RFC and the physical and mental demands of work done in the past. If the individual can still perform that work, either as it was actually performed or as it is generally required by employers throughout the national economy, then a finding of not disabled is mandated. 20 C.F.R. §§ 404.1520(e)(f), 416.920(e)(f), 404.1560(b)(2).
In determining a claimant's ability to perform past relevant work, the ALJ must make findings of fact regarding: (1) the claimant's RFC; (2) the physical and mental demands of the claimant's past job; and (3) whether the claimant's RFC would allow him or her to return to such past relevant work. SSR 82-62. In making such findings, the ALJ "may use the services of vocational experts or vocational specialists, or other resources, such as the `Dictionary of Occupational Titles' and its companion volumes and supplements." 20 C.F.R. §§ 404.1560(b)(2), 416.960(b)(2).
Here, the Plaintiff testified regarding her past work of cleaning residential homes for eight hours per day for a period of approximately three months. [T. at 78-79]. The VE, based on the hearing testimony and record evidence, as well as consultation with the DOT, categorized this past work as "Cleaner, Housekeeping" (DOT 323.687-014), which is classified as light and unskilled, with an SVP level of 2. The VE further testified that "[t]here's nothing in the record to indicate [Plaintiff's past work] was performed otherwise." [T. at 79]. Notably, the Plaintiff's attorney did not object to this characterization of the Plaintiff's past work. [T. at 79-80]. The VE further opined that the Plaintiff could perform this past relevant work as both actually performed and as generally described. [T. 81]. The ALJ explicitly adopted the VE's opinions in his decision, and thereby adopted the DOT's description of the functional demands and job duties of the Plaintiff's past relevant work as generally required by employers in the national economy. [T. at 39]. Those incorporated functional demands and job duties particularly include the "physical and mental demands" of Plaintiff's past relevant work. Thus, contrary to the Plaintiff's assertion, the ALJ did make the determination called for by SSR 82-62. For these reasons, the Plaintiff's assignment of error is overruled.
Social Security Ruling 00-4p requires an ALJ to resolve any actual or apparent conflicts between the VE's testimony and the DOT before relying on such testimony to support a determination or decision about whether an individual is disabled.
The Plaintiff argues that the ALJ's reliance on this testimony was in error because the DOT indicates that a "Cleaner, Housekeeping" position entails the cleaning of commercial establishments, contrary to Plaintiff's past work of cleaning only residential homes. [Doc. 13 at 12-18]. The Plaintiff fails to explain, however, how the duties she performed as a house cleaner in a residential setting are inconsistent with the general cleaning duties as set forth in the DOT description of the "Cleaner, Housekeeping" position.
The Plaintiff further suggests that the positions of General House Worker, DOT 301.474-010, and Caretaker, DOT 301.687-010, are more consistent with the job description she provided, as both positions involve cleaning work performed in residential settings. According to the DOT, however, the duties of General House Worker not only include cleaning but also "cook[ing] and serv[ing] meals" and "render[ing] personal services to family members."
In response to the ALJ's hypothetical, the VE testified that an individual with the Plaintiff's RFC could perform the occupation of "Cleaner, Housekeeping." The VE testified that her testimony was consistent with the DOT, and the ALJ so found. Having found no apparent conflict between the VE's testimony and the DOT, the ALJ did not err in relying on the VE's testimony in this regard. This second assignment of error is without merit.
In sum, the Court concludes that the ALJ applied the correct legal principles and that his findings are supported by substantial evidence. Accordingly, the decision of the Commissioner is affirmed.