JOSEPH N. LAPLANTE, District Judge.
Mary Jane O'Neill has appealed the Social Security Administration's denial of her application for a period of disability and disability insurance benefits.
O'Neill has filed a motion to reverse the decision.
In deciding whether a claimant can perform her past relevant work, an ALJ compares its physical and mental demands to his assessment of the claimant's residual functional capacity ("RFC").
O'Neill argues that this finding was in error because "it failed to address the impact her peripheral vascular disease would have on her ability to perform secretarial work which requires frequent use of the hands and fingers." In reaching his RFC determination, however, the ALJ specifically noted that, while O'Neill "alleges that her peripheral vascular disease causes her great pain in her hands and feet preventing her from writing, typing and walking," her "statements concerning the intensity, persistence and limiting effects of these symptoms are not entirely credible." The ALJ explained that O'Neill's "medical records do not show persistent functional limitations due to Raynaud's syndrome," but, instead, document normal clinical findings. The ALJ further observed that a physician who completed a consultative examination of O'Neill, Dr. Matthew Masewic, concluded that, while she has "a history consistent with Raynaud's, this has only a mild effect on her functional capacity, and that she should avoid cold conditions." The ALJ gave Masewic's opinion great weight because, among other reasons, "it is consistent with the medical evidence of record and [O'Neill's] reported daily activities, which show the ability to carry out a fairly full, active lifestyle."
In her motion to reverse the ALJ's decision, O'Neill does not acknowledge any of this reasoning, let alone try to show that it was in error. Her only reference to the record evidence, in fact, is to her own testimony at the hearing as to the limiting effects of her Raynaud's syndrome—testimony which, as just discussed, the ALJ found not to be credible for reasons that, as just noted, O'Neill has not even addressed.
While this is perhaps inevitable—given that no medical source of record has ever differed with Masewic's opinion that O'Neill's Raynaud's syndrome imposes only a "mild effect on functional capacity"
The same conclusion follows, for the same reasons, as to the ALJ's finding that, due to O'Neill's blindness in one eye, she has "limited depth perception, but she is able to read a computer screen." The ALJ specifically found that this "left eye impairment does not result in disabling functional limitations," relying on O'Neill's testimony that, while "she has had this vision loss in her left eye since she was 9 years old . . . [,] she was able to work as a secretary for many years," as well as "to help her son with homework, do some chores around the house, and read with a magnifying glass." The ALJ further relied on Masewic's opinion that O'Neill's "unilateral blindness has only a minimal effect on functional capacity" (which, as the ALJ noted, was supported by Masewic's finding it "difficult to imagine that [O'Neill] cannot keep a car from driving to the middle of the road" due to her vision problem—as she had claimed—since "she would also then ambulate in such a manner"—which she does not).
O'Neill's motion to reverse does not address the ALJ's reasoning or point to any contrary evidence aside from her own testimony (which, again, the ALJ did not find fully credible). Like his decision not to incorporate any manipulative limitations into O'Neill's RFC, then, the ALJ's decision not to incorporate any visual limitations, aside from "limited depth perception,"
Finally, O'Neill argues that the ALJ erred in failing to address the opinion of a state health department physician that O'Neill's migraine headaches amounted to a severe impairment. As the ALJ noted in his decision, the agency physician, Dr. Burton Nault, identified O'Neill's migraines among other severe medically determinable impairments—but also found, as the ALJ also noted, that neither the migraines nor the rest of her impairments were disabling. Indeed, in discussing O'Neill's RFC, Nault called her migraines "infrequent and short-lived."
So it is at best unclear what O'Neill means when she says in her motion that "Nault's opinion regarding the impact [her] migraines have on her functional capacity was significant probative evidence contrary to the ALJ's determination." Nault's opinion as to O'Neill's migraines, as the ALJ specifically noted in his decision, was entirely consistent with his finding that they did not amount to a disabling impairment.
For the foregoing reasons, O'Neill's motion to reverse the ALJ's decision