SUSAN RICHARD NELSON, District Judge.
This matter is before the undersigned United States District Court Judge on the Report and Recommendation ("R&R") of Magistrate Judge Leo I. Brisbois dated January 24, 2013. (R & R [Doc. No. 13].) Defendant Commissioner of Social Security ("the Commissioner") filed Objections to the R&R (Doc. No. 16) and Plaintiff Mary T. Thielke filed a Reply in response to Defendant's Objections. (Doc. No. 17). Based on a de novo review of those portions of the R&R to which Defendant objects, the Court adopts the R&R, grants Plaintiff's Motion for Summary Judgment, denies Defendant's Motion for Summary Judgment and remands the case for further proceedings consistent with this Order.
The factual and procedural background of this matter is thoroughly detailed in the Magistrate Judge's R&R and is incorporated herein by reference. (R&R [Doc. No. 13].) Briefly, between 2004 and 2008, Plaintiff was diagnosed with moderate obstructive sleep apnea (Tr. at 459-60 [Doc. No. 5]), chronic fatigue syndrome (
Plaintiff originally applied for disability insurance benefits on December 2, 2005, claiming that she became disabled on January 1, 2005. (
A second administrative hearing was held on June 24, 2010. (
As noted, the Court conducts a de novo review of any portion of the Magistrate Judge's opinion to which specific objections are made. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b); D. Minn. L.R. 72.2(b). Summary judgment must be granted, entitling the movant to judgment as a matter of law, if the movant shows that no genuine disputes of material fact exist. Fed. R. Civ. P. 56.
It is within the power of this Court "to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing." 42 U.S.C. § 405(g). This Court must affirm the Commissioner's decision to deny benefits if it conforms to the law and is "supported by substantial evidence." 42 U.S.C. § 405(g). This standard is defined as "less than a preponderance, but enough so that a reasonable mind might find it adequate to support the conclusion."
The Defendant's objections take exception with three findings made by the Magistrate Judge regarding the ALJ's RFC determination: (1) that the ALJ improperly discounted the opinions of Plaintiff's treating physicians; (2) that the ALJ erred in his analysis of the credibility of Plaintiff's subjective complaints; and (3) that the ALJ improperly relied on the vocational expert's testimony because that testimony was based on a faulty hypothetical.
As the Magistrate Judge explained in the R&R, an ALJ must evaluate every medical opinion in the record in order to make an RFC determination. 20 C.F.R. § 404.1527(c). The ALJ must give a treating or examining physician's opinion controlling weight if it is not inconsistent with the substantial evidence in the record and it is "well supported by medically acceptable clinical and laboratory diagnostic techniques."
In his findings of fact and conclusions of law, the ALJ gave little weight to the opinions of the two treating physicians in this case — Dr. Torkelson and Dr. Azam. (Tr. at 18, 21 [Doc. No. 5].) In contrast, the ALJ gave great weight to the opinions of the state agency medical consultants because they were "generally consistent with the weight of the evidence" and because "the state agency consultants are familiar with the regulations under which disability determinations are made." (
Despite the fact that the remand instructions specifically directed the ALJ to consider whether Plaintiff's obesity constituted a severe impairment and, if so, how it affected Plaintiff's ability to perform physical activity, the ALJ failed to explain how the RFC in fact accounted for any limitations that the Plaintiff may have because of this impairment. In the absence of any such explanation, this Court cannot evaluate whether the ALJ's conclusion is supported by substantial evidence in the record. Moreover, despite the fact that SSR 02-1p addresses the fact that obesity, when combined with sleep apnea, may cause daytime drowsiness or lack of mental clarity during the day, and Dr. Torkelson opined that Plaintiff's fatigue would frequently interfere with her attention and concentration, the ALJ rejected Dr. Torkelson's opinion without any discussion of the interplay between obesity and sleep apnea.
Further, despite the fact that the remand instructions specifically directed the ALJ to consider Plaintiff's chronic fatigue syndrome under the guidelines of SSR 99-2p, the ALJ never did so. And even though SSR 99-2p emphasizes the importance placed on a treating physician's opinion about chronic fatigue syndrome, the ALJ instead adopted the RFC opinions of consulting physicians who never met or examined Plaintiff.
Accordingly, the Court agrees with the Magistrate Judge's finding that the ALJ improperly weighed the medical opinions of Plaintiff's treating physicians. The ALJ did not adequately explain why he determined that Dr. Torkelson's opinion was inconsistent with the record. He improperly rejected her opinion over those of consulting physicians who never met or examined the Plaintiff. And finally, the ALJ failed to adequately explain why he found Dr. Azam's opinion to be inconsistent with the record.
The Magistrate Judge also properly found that the ALJ erred in his assessment of the Plaintiff's credibility in reporting her subjective complaints.
As the Magistrate Judge explained, the ALJ must consider the following factors when analyzing the credibility of Plaintiff's subjective complaints: (1) daily activities, (2) duration, frequency, and intensity of pain, (3) precipitating and aggravating factors, (4) dosage, effectiveness and side effects of any medication, and (5) any functional restrictions. (R&R at 24 [Doc. No. 9]) (citing
In his objections, Defendant argues that the ALJ's credibility assessment was proper because Plaintiff was able to perform a number of activities such as reading, household chores, travelling, and working part time. In the R&R however, the Magistrate Judge correctly noted that a claimant's participation in activities such as cooking, cleaning, and hobbies does not necessarily constitute substantial evidence of an individual's ability to engage in substantial gainful activity. (R & R at 26 [Doc. No. 9]) (citing
For these reasons, this Court finds that there is substantial evidence in the record that the ALJ erred in his analysis of Plaintiff's credibility.
The Magistrate Judge was correct in finding that the ALJ improperly relied on the vocational expert's testimony. (