ORTRIE D. SMITH, Senior District Judge.
Pending is Plaintiff's appeal of the Commissioner of Social Security's final decision denying his application for disability and disability insurance benefits. For the following reasons, the Commissioner's decision is affirmed.
The Court's review of the Commissioner's decision is limited to a determination whether the decision is "supported by substantial evidence on the record as a whole. Substantial evidence is less than a preponderance but . . . enough that a reasonable mind would find it adequate to support the conclusion." Andrews v. Colvin, 791 F.3d 923, 928 (8th Cir. 2015) (citations omitted). "As long as substantial evidence in the record supports the Commissioner's decision, we may not reverse it because substantial evidence exists in the record that would have supported a contrary outcome, or because we would have decided the case differently." Cline v. Colvin, 771 F.3d 1098, 1102 (8th Cir. 2014) (citation omitted). Though advantageous to the Commissioner, this standard also requires that the Court consider evidence that fairly detracts from the final decision. Anderson v. Astrue, 696 F.3d 790, 793 (8th Cir. 2015) (citation omitted). Substantial evidence means "more than a mere scintilla" of evidence; rather, it is relevant evidence that a reasonable mind might accept as adequate to support a conclusion. Gragg v. Astrue, 615 F.3d 932, 938 (8th Cir. 2010).
Plaintiff was born in 1950, and completed two years of college. R. at 94, 131. His prior work experience includes truck driving and process serving. R. at 146. Plaintiff applied for disability and disability insurance benefits in November 2012, alleging he became disabled on December 31, 2005. R. at 12, 94-100. Plaintiff's application was denied, and he requested a hearing. On August 7, 2014, a video hearing was held before an administrative law judge ("ALJ"). R. at 22-30. On March 2, 2015, the ALJ issued her decision, finding Plaintiff was not disabled. R. at 12-17.
In reaching her decision, the ALJ found Plaintiff had chronic liver disease and affective disorders, but concluded Plaintiff's impairments did not "significantly limited the ability to perform basic work-related activities for 12 consecutive months." Id. at 14-17. Because these impairments were not severe, Plaintiff was not disabled. Id. Plaintiff appealed the ALJ's decision to the Appeals Council, which dismissed his appeal in April 2016. R. at 1-3.
Plaintiff contends the Commissioner's decision should be reversed because (a) the ALJ did not apply the Polaski factors to explain why Plaintiff was not "entirely credible," and (b) the ALJ failed to fully develop the record.
Plaintiff argues the ALJ did not apply the Polaski factors when she analyzed Plaintiff's credibility. The familiar standard for analyzing a claimant's subjective complaints is set forth in Polaski v. Heckler, 739 F.2d 1320 (8th Cir. 1984):
Id. at 1322. The ALJ may also consider the absence of objective medical evidence to support the claimant's complaints. Moore v. Astrue, 572 F.3d 520, 524 (8th Cir. 2009) (citations omitted). The ALJ "need not explicitly discuss each Polaski factor . . . [t]he ALJ need only acknowledge and consider those factors before discounting a claimant's subjective complaints." Eichelberger v. Barnhart, 390 F.3d 584, 590 (8th Cir. 2004) (citations omitted); see also Samons v. Apfel, 497 F.3d 813, 820 (8th Cir. 2007).
During the hearing before the ALJ, Plaintiff testified that, prior to the date last insured, he experienced diarrhea, fatigue, and ascites.
The ALJ considered Plaintiff's testimony and the evidence of the record, and in doing so, properly analyzed Plaintiff's credibility. The ALJ found Plaintiff's "statements concerning the intensity, persistence and limiting effects" of his symptoms associated with chronic liver disease and affective disorders were "not entirely credible." R. at 15. The ALJ's determination was based upon the "scant" medical evidence prior to Plaintiff's date last insured, which did not support Plaintiff's allegations that he was unable to perform and sustain any full-time work. Id. at 16.
With regard to symptoms associated with chronic liver disease, the ALJ found Plaintiff reported episodes of abdominal cramps and diarrhea in February 2005, and was told he had to stop consuming alcohol "for six months in case of need for treatment." R. at 16, 497-501.
With regard to symptoms associated with affective disorders, the ALJ found Plaintiff denied any mood disorder in December 2004, and refused a referral to the mental health clinic. R. at 16, 504. In March 2005, Plaintiff's depression screen was "negative." Id. at 16, 492. In November 2005, Plaintiff complained of insomnia but was "[n]ot willing" to go to the mental health clinic. Id. at 16, 487.
The ALJ also remarked that Plaintiff had not offered, and the record did not contain, any functional capacity opinions from Plaintiff's physicians analyzing Plaintiff's functional capacity during the relevant timeframe. R. at 16. In fact, there were no opinions from any source establishing Plaintiff was functionally impaired during the relevant timeframe. Id.
The ALJ considered the Polaski factors. R. at 15-17. The ALJ is not required to discuss each factor in turn, but must merely consider the Polaski factors. See Eichelberger, 390 F.3d at 590. To the extent Plaintiff argues the medical evidence could support a decision contrary to the ALJ's, the Court will not substitute its judgment for that of the ALJ. See Baldwin v. Barnhart, 349 F.3d 549, 558 (8th Cir. 2003) (stating "[t]he credibility of a claimant's subjective testimony is primarily for the ALJ to decide, not the courts."). The Court finds the ALJ did not err in analyzing Plaintiff's credibility.
Plaintiff also contends the ALJ failed to develop the record. Specifically, Plaintiff argues "no medical doctor ever reviewed the file," the ALJ either ignored or concluded several laboratory findings did not provide evidence of an impairment that impacted the ability to work, and "[n]othing in the record clearly establishes" Plaintiff's impairments were not severe. Doc. #6, at 10.
First, Plaintiff cites no authority for his argument that the ALJ's decision should be reversed because a medical doctor did not review Plaintiff's file. The Court has not found such authority.
Second, Plaintiff does not point to any particular laboratory findings in the record that the ALJ allegedly ignored or concluded were not evidence of an impairment that affected Plaintiff's ability to work. Without knowing which records, particularly in a record that exceeds 1,400 pages, were purportedly overlooked, the Court cannot ascertain which particular records should have been considered. Furthermore, based upon its review of the ALJ's decision, it is evident that the ALJ considered the relevant laboratory findings. R. at 14-17.
Finally, Plaintiff's argument that nothing in the record "clearly establishes" his impairments were not severe misrepresents the applicable burden of proof. "It is the claimant's burden to establish that his impairment or combination of impairments are severe." Kirby v. Astrue, 500 F.3d 705, 707-08 (8th Cir. 2007) (citation omitted). Plaintiff must "submit all evidence . . . that relates to whether or not you are . . . disabled." 20 C.F.R. § 404.1512(a). The Social Security Administration only considers impairments for which it has received evidence. Id. Here, Plaintiff had the burden of establishing his impairments were severe, and ultimately, disabling. And, contrary to Plaintiff's argument, an impairment is not presumed severe until found otherwise. Here, Plaintiff failed to establish his impairments were severe. The Court finds the record was properly developed and provided sufficient information on which the ALJ based her decision.
The Court concludes there is substantial evidence in the record as a whole to support the ALJ's decision. The Commissioner's decision denying benefits is affirmed.
IT IS SO ORDERED.