DONETTA W. AMBROSE, Senior District Judge.
Plaintiff filed an application for disability benefits under Title II, and supplemental social security income under Title XVI, of the Social Security Act. Plaintiff alleged disability due to physical and mental impairments, including schizoaffective disorder, with an alleged onset date of January 1, 2009. His application was denied initially, and upon hearing. The Appeals Council denied his request for review. Plaintiff now appeals to this Court. For the following reasons, Plaintiff's Motion will be granted, and Defendant's denied. This matter will be remanded for further proceedings consistent with this Opinion.
Judicial review of the Commissioner's final decisions on disability claims is provided by statute. 42 U.S.C. §§ 405(g) 6 and 1383(c)(3) 7. Section 405(g) permits a district court to review the transcripts and records upon which a determination of the Commissioner is based, and the court will review the record as a whole. See 5 U.S.C. §706. When reviewing a decision, the district court's role is limited to determining whether the record contains substantial evidence to support an ALJ's findings of fact.
A district court cannot conduct a
First, Plaintiff argues that the ALJ erred by failing to properly weigh the opinion of his treating psychiatrist, Dr. Morine, and by rejecting certain opinions of the agency consultant, Dr. Rockey.
At the time that Dr. Morine completed the questionnaire, she had seen Plaintiff for a psychological evaluation in April, 2011, with medication management visits every three months, until the most recent examination of August, 2012. Dr. Morine noted moderate or no limitations in all areas, except a marked limitation in completing a normal workweek without interruption from psychological symptoms and to perform at a consistent pace without an unreasonable number and length of rest periods, and to travel to unfamiliar places or use public transportation.
As a general matter, I find no error in the ALJ's treatment of Dr. Morine's and Dr. Rockey's opinions. "While contradictory medical evidence is required for an ALJ to reject a treating physician's opinion outright, such an opinion may be afforded `more or less weight depending upon the extent to which supporting explanations are provided.'"
Plaintiff's argument, however, raises concerns about the relationship between the ALJ's conclusions, the RFC, and the Vocational Expert's testimony. Here, the ALJ stated that she accommodated the marked limitation on completing a normal workweek by limiting Plaintiff, in the RFC, to a "lower than normal work stress environment." Absent any suggestion to the contrary, and absent citation to any contradictory evidence, it appears that the ALJ accepted this aspect of the medical opinion, and intended to incorporate that opinion into the RFC. Limitations such as those adopted in the present RFC may, indeed, sufficiently accommodate a limitation on completing a normal workweek.
It appears that the ALJ assumed that her RFC entirely accommodated the subject limitation; the VE, however, did not so assume. This may be an issue of semantic definition or understanding, as a marked limitation on the ability to complete a workweek may or may not encompass various types of specific limitations. In any case, this matter must be remanded, either for the ALJ to specify and explain the degree to or manner in which she accepted Dr. Morine's opinion regarding the marked limitation, and/or to obtain further evidence from Dr. Morine and/or the VE for further clarification on this issue.
Lastly, Plaintiff contends that the ALJ failed to properly deal with his credibility. An ALJ's credibility determination is to be afforded great deference, because the ALJ has the opportunity to observe and assess witnesses.
For the foregoing reasons, this matter will be remanded for clarification, whether by the ALJ or by an additional hearing, of the issues surrounding Plaintiff's limitation on completing a full workweek without interruption from psychological symptoms. An appropriate Order follows.
AND NOW, this 4th day of December, 2014, it is hereby ORDERED, ADJUDGED, and DECREED that this matter is remanded for further proceedings consistent with the foregoing Opinion.