LOUISE W. FLANAGAN, District Judge.
This matter comes before the court on the parties' cross motions for judgment on the pleadings (DE 22, 25). Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge James E. Gates issued 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 final decision. Plaintiff timely filed objections to the M&R and the response time has expired. In this posture, the issues raised are ripe for ruling. For the reasons that follow, the court adopts the recommendation of the magistrate judge.
Plaintiff filed applications for disability insurance benefits and supplemental security income, alleging disability beginning October 1, 2010. On October 1, 2012, an Administrative Law Judge ("ALJ") denied plaintiff's applications. On November 20, 2012, the appeals council admitted additional evidence into the record but denied the request for review. Plaintiff filed the instant action on January 16, 2014.
The court has jurisdiction under 42 U.S.C. § 405(g) to review the Commissioner'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 the Commissioner'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 October 1, 2010, the date of alleged onset of disability. At step two, the ALJ found that plaintiff had the following severe impairments: cervical disc disease, diabetes mellitus, hypertension, headaches and obesity. However, at step three, the ALJ further determined that these impairments were not severe enough to meet or medically equal one of the listings in the regulations. Prior to proceeding to step four, the ALJ determined that during the relevant time period plaintiff had the residual functional capacity ("RFC") to perform light work, with the additional limitations of no balancing; climbing of ladders, ropes or scaffolds; or exposure to hazards such as unprotected heights and moving machinery. In making this assessment, the ALJ found plaintiff's statements about plaintiff's limitations not fully credible. At step four, the ALJ concluded plaintiff was not capable of performing any past relevant work. At step five, upon considering testimony of a vocational expert ("VE"), the ALJ determined that there were jobs that existed in significant numbers in the national economy that plaintiff is capable of performing.
The M&R rejected plaintiff's arguments that the ALJ had erred in finding plaintiff's statements not fully credible, and in making the determination of plaintiff's RFC. In addressing plaintiff's RFC argument, the magistrate judge specifically recommended the court uphold the ALJ's assessment of the opinion of William A. Munn ("Munn"), a physician's assistant who had treated plaintiff at a multispecialty medical group. On May 14, 2012, Munn wrote a letter to plaintiff's attorney describing plaintiff's health conditions. The letter opined that plaintiff had suffered injuries from a motor vehicle accident which "likely would prevent him from ever being able to qualify and drive a semi-tractor trailer safely." (Tr. 605). Munn further stated that, due to plaintiff's "severe medical problems," in addition to plaintiff's medications and financial troubles in affording medication, Munn "would consider [plaintiff] unemployable at any level." (
In his objections, plaintiff maintains that the ALJ erred in assessing plaintiff's RFC. Plaintiff's primary argument is that the ALJ's assessment of Munn's opinion was not based on substantial evidence or proper legal standards. The court disagrees.
The regulations provide that evidence from "acceptable medical sources" is necessary to "establish whether [a claimant has] a medically determinable impairment." 20 C.F.R. § 404.1513(a); 416.913(a). "Acceptable medical sources" are defined to include licensed physicians, licensed or certified psychologists, licensed optometrists, licensed podiatrists, and (in cases involving speech or language impairments) qualified speech language pathologists.
The Commissioner has reserved her authority to make the determination of whether an individual is "disabled," regardless of the opinions from acceptable medical sources or other sources. 20 C.F.R. §§ 404.1527(d)(1); 416.927(d)(1) . In making its determination, the ALJ must "review all of the medical findings and other evidence that support [the source's] statement that [the claimant is] disabled."
The ALJ expressly addressed Munn's opinion, explaining as follows:
(Tr. 21).
Pursuant to the law outlined above, Munn's opinion as to whether plaintiff was "unemployable at any level," (
Plaintiff asserts that the ALJ failed to take note that Munn's opinion also referred to plaintiff's history of cervical fusion, and the resulting limitations in plaintiff's range of motion in plaintiff's neck. While the ALJ's specific discussion of Munn's opinion did not take these findings into account, the decision elsewhere discussed the evidence concerning plaintiff's cervical spine, noting that x-rays did not indicate any severe conditions, and that plaintiff's treating physician, Dr. Scot Reeg, had described plaintiff as not "grossly impaired neurologically." (Tr. 19). Most pertinent, the ALJ noted that plaintiff underwent surgery in 2011, and that following surgery, in March 2012, Dr. Reeg reported plaintiff to have only "mild neck pain." (
Plaintiff also objects that he suffered from pain and numbness in his hands. However, the ALJ noted that Dr. Reeg reported normal grip strengths in a December 2010 exam, (Tr. 19, 485), that Dr. Munn reported good strength and normal movement in extremities in May 2011, (
Finally, plaintiff makes the conclusory statement that he could not stand for six to eight hours during the workday, without citing any record support. The court has not found support in the record for such a position.
Based on the foregoing, upon de novo review of the portions of the M&R to which specific objections were raised, and upon considered review of the remainder, the court ADOPTS the M&R in full. The court DENIES plaintiff's motion for judgment on the pleadings (DE 22), and GRANTS defendant's motion for judgment on the pleadings (DE 25). The clerk is DIRECTED to close this case.
SO ORDERED.