PATRICIA L. COHEN, Magistrate Judge.
Plaintiff Debra Knight seeks review of the decision of the Social Security Commissioner, Nancy Berryhill, denying her application for Disability Insurance Benefits under Title II of the Social Security Act.
In October 2010, Plaintiff filed an application for Disability Insurance Benefits alleging she was disabled as of March 31, 2007, her alleged onset date of disability and her date last insured for purposes of Disability Insurance Benefits.
An ALJ conducted a hearing in February 2012 and, on May 25, 2012, the ALJ entered a decision denying Plaintiff's application for benefits.
Pursuant to the district court's remand order, the SSA Appeals Council vacated the Commissioner's final decision and remanded the case to the ALJ, who conducted a second hearing on January 29, 2015. (Tr. 537-84, 636). At the hearing, the ALJ heard the testimony of: medical expert, Dr. Anne Winkler, M.D., Ph.D., a specialist in internal medicine and rheumatology; Plaintiff; and a vocational expert. (Tr. 537-84). In a decision dated July 10, 2015, the ALJ applied the five-step evaluation set forth in 20 C.F.R. §§ 404.1520, 416.920
The ALJ found that, through the date last insured, Plaintiff had: the severe impairments of fibromyalgia, sleep apnea, and mild osteoarthritis of the right knee; and the non-severe impairments of mild mitral insufficiency and irritable bowel syndrome. (Tr. 464). After reviewing the medical opinion evidence, medical records, and testimony and finding that Plaintiff was "not entirely credible," the ALJ determined that, through March 31, 2007, Plaintiff had the RFC to perform light work:
(Tr. 465). The ALJ further determined that, through March 31, 2007, Plaintiff was unable to perform past relevant work but there existed a significant number of jobs in the national economy that Plaintiff could perform. (Tr. 470).
Plaintiff filed a request for review of the ALJ's decision with the SSA Appeals Council, which denied review on January 15, 2016. (Tr. 454-57). Plaintiff has exhausted all administrative remedies, and the ALJ's decision stands as the SSA's final decision.
A court must affirm the ALJ's decision if it is supported by substantial evidence. 42 U.S.C. § 405(g). "Substantial evidence `is less than a preponderance, but enough so that a reasonable mind might find it adequate to support the conclusion.'"
"If, after reviewing the record, the court finds it is possible to draw two inconsistent positions from the evidence and one of those positions represents the ALJ's findings, the court must affirm the ALJ's decision."
Plaintiff claims that substantial evidence does not support the ALJ's determination that she was not disabled on March 31, 2007, Plaintiff's alleged onset date of disability and date last insured.
Plaintiff argues that the ALJ erred in discrediting the medical opinion of her treating physician, Dr. Rosemary Cannistraro, M.D. (ECF No. 9). In particular, Plaintiff maintains that the ALJ failed to provide "legally sufficient rationale" for discrediting Dr. Cannistraro who opined in a fibromyalgia RFC questionnaire of January 2012 that Plaintiff had severe functional limitations. (
"A treating physician's opinion regarding an applicant's impairment will be granted controlling weight, provided the opinion is well supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in the record."
Plaintiff's earliest record of treatment by Dr. Cannistraro is from a follow-up appointment in April 2003. (Tr. 57). At that appointment, Plaintiff reported light-headedness, neck discomfort, fatigue, abdominal pain and constipation, and joint swelling and tenderness. (
Plaintiff returned to Dr. Cannistraro's office on August 3, 2004 with chest and shoulder pain, and she followed-up with Dr. Cannistraro on August 23, 2004. (Tr. 53-54). At that time, Plaintiff's chief complaint was "GERD," and she reported continued fatigue and joint pain "in feet mainly at night." (Tr. 53). Plaintiff's medications included Ranitidine, Effexor, minocycline, Prevacid, and pronanolol. (
In January 2006, Dr. Cannistraro diagnosed Plaintiff with GERD, sleep disorder, and anxiety, and she prescribed Cymbalta. (Tr. 50). When Plaintiff returned to Dr. Cannistraro's office the following month, Plaintiff reported continued fatigue but stated that the Cymbalta "works well" and she "seems to be less tired." (Tr. 59). Dr. Cannistraro increased Plaintiff's dosage of Cymbalta. (
In March 2006, Dr. Cannistraro noted that Plaintiff was "mentally much better" but her "pain [was] bad recently, can't even babysit, tried to work at Walmart" but could not sit or stand "all day." (Tr. 48). Dr. Cannistraro diagnosed Plaintiff with GERD and fibromyalgia. (
Plaintiff returned to Dr. Cannistraro's office in January 2007 and reported that her fatigue was "much better." (Tr. 44). Dr. Cannistraro noted that Plaintiff had fibromyalgia and chronic fatigue syndrome, which "significantly improved with addition of Adderall and Cymbalta. This is [the] best patient has felt in years." (
When Plaintiff returned to Dr. Cannistraro's office in June 2007, she complained of "pain issues," fatigue, abdominal pain, and joint tenderness. (Tr. 42). In August 2007, Dr. Cannistraro noted Plaintiff's joint pain, chronic fatigue, joint swelling in hands, joint tenderness "all over," fibromyalgia/chronic fatigue syndrome, and difficulties with "fibro fog + focus." (Tr. 41). In October 2007, Dr. Cannistraro noted that Plaintiff's "sleep issues [were] worse off Cymbalta — couldn't afford it." (Tr. 40). Dr. Cannistraro prescribed Depakote, Adderall, fluoxetine, and hysocamine, and she recommended Plaintiff "try to exercise." (
Dr. Cannistraro continued treating Plaintiff from 2008 through 2011.
In the 2010 RFC questionnaire, Dr. Cannistraro did not answer whether Plaintiff was a "malingerer," but opined that Plaintiff's "emotional factors contribute to the severity of [her] symptoms and functional limitations." (
In January 2012, Dr. Cannistraro completed an RFC questionnaire specific to patients with fibromyalgia. (Tr. 310-14). Dr. Cannistraro stated that Plaintiff had the following diagnosed impairments: fibromyalgia, irritable bowel syndrome, osteoarthritis, hypertension, esophageal reflux, and chronic pain syndrome. (Tr. 310). Dr. Cannistraro stated that Plaintiff was not a malingerer and suffered pain "all of the time, worse at other times, 2 days a month can be `ok.'" (Tr. 311). Dr. Cannistraro opined that Plaintiff's pain would "constantly" interfere with her attention and concentration, she was incapable of even "low stress" jobs, and she would be absent from work more than four days per month. (Tr. 311, 313). In regard to functional limitations, Dr. Cannistraro stated that Plaintiff could: rarely lift/carry less than ten pounds; never lift/carry more than ten pounds; never twist, crouch, climb ladders, or look up; rarely stoop/bend, or turn head; and occasionally climb stairs, look down, or hold head in static position. (Tr. 313). According to Dr. Cannistraro, these symptoms and limitations applied since June 2005. (Tr. 314).
In her decision, the ALJ did not specify the amount of weight afforded Dr. Cannistraro's medical opinion, but she generally discredited it and adopted instead the opinion of the testifying medical expert, Dr. Winkler. The ALJ observed that Dr. Cannistraro was not certified in rheumatology and her "statements regarding alleged trigger point findings [in the 2012 RFC questionnaire] were not specifically documented during her physical examinations of the claimant." (Tr. 468). The ALJ also questioned Dr. Cannistraro's diagnosis of chronic fatigue syndrome because "it does not remotely comport with the agency's requirements for such diagnosis (SSR 14-1p)." (Tr. 469). Citing Dr. Winkler's testimony, the ALJ explained that the functional limitations identified by Dr. Cannistraro were also "very contrary" to the results of a stress test Plaintiff underwent in March 2008. (Tr. 468).
"A treating physician's opinion is not automatically controlling and may be discredited when other medical opinions are supported by better medical evidence or when the physician gives inconsistent opinions."
Plaintiff cites
Plaintiff claims the ALJ erred in assigning great weight to Dr. Winkler's opinion. More specifically, Plaintiff argues that the ALJ "failed to properly consider all the testimony from Dr. Winkler relative to its consistency with plaintiff's testimony[.]" (ECF No. 9 at 15). In response, Defendant contends that the ALJ properly evaluated Dr. Winkler's testimony, which supported the ALJ's determination that Plaintiff had the RFC to perform light work with limitations.
At the hearing, Dr. Winkler testified that she was "board certified in internal medicine and rheumatology" and had reviewed Plaintiff's medical records. (Tr. 542). Dr. Winkler concluded that Plaintiff had the following impairments: fibromyalgia, sleep apnea, mild osteoarthritis of the right knee, "mild mitral insufficiency," and "probably irritable bowel syndrome." (Tr. 542-43). Dr. Winkler noted that Plaintiff underwent stress tests in 2002 and 2008 "and she actually had excellent tolerance with" a METs level of 12 in 2002 and 12.08 in 2008. (Tr. 545).
In regard to Plaintiff's RFC, Dr. Winkler explained that, based on Plaintiff's 2008 stress test, Dr. Winkler would place her at a "medium" work level. However, due to osteoarthritis in Plaintiff's knee, Dr. Winkler limited Plaintiff's RFC to light work. (Tr. 545-46). Dr. Winkler included the following functional limitations: "lift/carry 20 pounds occasionally and 10 pounds frequently"; "stand/walk six hours a day; "[n]o limits in terms of sitting"; never climb ladders, ropes, or scaffolds; occasionally climb stairs; and avoid concentrated exposure to cold, wetness, humidity, and unprotected heights. (
In response to questions by Plaintiff's attorney, Dr. Winkler affirmed that fibromyalgia symptoms "can wax and wane," but rejected the proposition that Plaintiff's excellent stress test score was attributable to a "good" day. (Tr. 547). Dr. Winkler explained: "What I can say is that she has excellent exercise capacity, and normally if somebody were like lying around a lot, they would not have that. They would be de-conditioned. . . . [S]omebody who can do 12.8 [METs] on a stress test for 10 minutes usually is fairly fit."
Dr. Winkler acknowledged "complaints of fatigue throughout the record" but did not "see anything objective in the record that would indicate fatigue would be at a level not to be able to do work activity." (Tr. 549). In regard to nonexertional, or mental, limitations, Dr. Winkler testified that she did not consider mental health issues but noted "I didn't see a lot of treatment related to mental health issues, but I otherwise would defer to that." (Tr. 552). Dr. Winkler stated that, while fibromyalgia does not cause mental limitations, "like many chronic illnesses, there is a certain percentage of people who will have mental health issues like depression, anxiety. In most clinic trials where that has been looked at, it's about 30 percent." (Tr. 554-55). Dr. Winkler affirmed that "fibro fog, concentration issues . . . have for a long time been felt to be associated with fibromyalgia[.]" (Tr. 556). In her experience, "if there seems to be a significant fibro-[fog] or confusion, those kinds of things, what many of us will do is refer to a neuro psychologist to have in-depth testing to help sort through what may be causing that." (Tr. 557). Dr. Winkler did not find any record of such testing in this case. (
In her decision, the ALJ discussed Dr. Winkler's assessment of Plaintiff's 2008 stress test results and provided a detailed discussion explaining how the medical facts and non-medical evidence supported Dr. Winkler's conclusion that Plaintiff was capable of performing light work. (Tr. 468). The ALJ afforded Dr. Winkler's opinions "great weight given her outstanding credentials and thorough review of the medical evidence before offering her analysis." (
To the extent Plaintiff argues that the ALJ overlooked consistencies between Dr. Winkler's and Plaintiff's testimony that support a finding of disability, Plaintiff mischaracterizes Dr. Winkler's testimony. While Dr. Winkler confirmed that fibromyalgia symptoms "can wax and wane," she did not, contrary to Plaintiff's assertion, suggest that Plaintiff's symptoms did so. Nor did Dr. Winkler accept Plaintiff's theory that Plaintiff performed well on the 2008 stress test because it was administered on a "good day." Furthermore, Dr. Winkler's testimony that approximately 30 percent of fibromyalgia patients suffered mental limitations — such as depression, anxiety, and difficulty concentrating — did not constitute evidence that Plaintiff had mental impairments requiring nonexertional limitations. In fact, Dr. Winkler expressly declined to testify to Plaintiff's nonexertional limitations. Finally, Dr. Winkler's general acknowledgement that "fibro-fog" and difficulty concentrating are often associated with fibromyalgia did not demonstrate that Plaintiff suffered such symptoms.
Upon review of the record and the ALJ's decision, the Court finds that the ALJ evaluated all of the evidence of record and provided "good reasons" for the weight he accorded Dr. Cannistraro's and Dr. Winkler's opinions. Because substantial evidence on the record as a whole supports the ALJ's determination to discredit Dr. Cannistraro's opinion and assign great weight to Dr. Winkler's opinion, the Court will not disturb that determination.
Plaintiff claims that the vocational expert's answer to the hypothetical question did not constitute substantial evidence at step five of the sequential evaluation process because the question did not include nonexertional limitations. (ECF No. 9 at 20-21). Defendant counters that substantial evidence supports the ALJ's step-five finding because "evidence of record did not support any additional limitations." (ECF No. 17 at 16).
If the ALJ finds at step four of the sequential evaluation process that a claimant cannot perform his past relevant work, the ALJ proceeds to step five, where the burden shifts to the Commissioner to establish that the claimant maintains the RFC to perform other work that exists in significant numbers in the national economy. 20 C.F.R. §§ 416.920(a)(4)(v), 416.960(c).
"The hypothetical question need only include those impairments and limitations found credible by the ALJ."
Here, the absence of medical evidence documenting mental health impairments and Dr. Winkler's testimony supported the ALJ's decision not to include non-extertional limitations in Plaintiff's RFC. Because the hypothetical question included all of Plaintiff's limitations found to exist by the ALJ and set forth in the ALJ's description of Plaintiff's RFC, the hypothetical question was proper and the vocational expert's testimony constituted substantial evidence supporting the Commissioner's denial of benefits.
For the reasons discussed above, the undersigned finds that substantial evidence in the record as a whole supports the Commissioner's decision that Plaintiff is not disabled.
Accordingly,
A separate judgment in accordance with this Memorandum and Order is entered this date.
(Tr. 550-51).