GREG WHITE, Magistrate Judge.
Plaintiff John D. Buchert, Jr. ("Buchert") challenges the final decision of the Acting Commissioner of Social Security, Carolyn W. Colvin ("Commissioner"), denying his claim for a Period of Disability ("POD"), Disability Insurance Benefits ("DIB"), and Supplemental Security Income ("SSI") under Title(s) II and XVI of the Social Security Act ("Act"), 42 U.S.C. §§ 416(i), 423, 1381 et seq. This matter is before the Court pursuant to 42 U.S.C. § 405(g) and the consent of the parties entered under the authority of 28 U.S.C. § 636(c)(2).
For the reasons set forth below, the final decision of the Commissioner is AFFIRMED.
On December 22, 2009, Buchert filed an application for POD, DIB, and SSI alleging a disability onset date of June 30, 2006. (Tr. 14.) His application was denied both initially and upon reconsideration. Buchert timely requested an administrative hearing.
On May 21, 2012, an Administrative Law Judge ("ALJ") held a hearing during which Buchert, represented by counsel, and an impartial vocational expert ("VE") testified. (Tr. 14.) On June 8, 2012, the ALJ found Buchert was able to perform a significant number of jobs in the national economy and, therefore, was not disabled. (Tr. 24.) The ALJ's decision became final when the Appeals Council denied further review.
Age thirty-nine (39) at the time of his administrative hearing, Buchert is a "younger" person under social security regulations. See 20 C.F.R. §§ 404.1563(c) & 416.963(c). (Tr. 23.) Buchert has a high school education and past relevant work as a crew truck driver, dishwasher/busboy, and carry-out worker. (Tr. 23.)
During an initial psychiatric evaluation on March 16, 2010, Buchert was seen by psychiatrist Irfan Ahmed, M.D. (Tr. 302-305.) Dr. Ahmed noted that Buchert had recently been admitted to "Rescue Crisis" in the last week of February 2010 secondary to worsening depression, homicidal ideation, and command hallucinations. (Tr. 302.) He was prescribed Abilify and Celexa at that time, and was taking his medications regularly since then. Id. Buchert presented as sad and withdrawn, and stuttered while he spoke. Id. He reported depressed mood, irritability, crying spells, problems with sleep, and "on-and-off" thoughts of hurting his brother. Id. He denied current suicidal ideation. Id. He had thought about suicide in the past, but never had a plan and never made an attempt. Id. Buchert also reported hearing voices, seeing ghosts at night, and suffering paranoia and panic attacks. (Tr. 303.) Dr. Ahmed reported that Buchert had no significant past psychiatric history and had not been seen by a psychiatrist or therapist since he was little. Id. Dr. Ahmed also opined that Buchert had no significant past medical history other than a stuttering problem since he was a boy. Id. Buchert indicated that he was a slow learner and had a low IQ, but finished high school. (Tr. 304.) He had applied for social security. Id. He had been to jail for buying stolen property. Id. Dr. Ahmed noted Buchert's substance abuse history was not significant. Id.
On the same date, upon mental status examination, Dr. Ahmed found Buchert appeared older than his stated age; was stressed out; but was cooperative and friendly. Id. Buchert had poor to fair grooming, made poor eye contact, and had difficulty finishing most sentences. Id. Buchert had no psychomotor agitation or retardation, exhibited a dysphoric and anxious mood with congruent affect, and his thought content was logical and goal-directed but had some "paranoid flavor." Id. There was no evidence of auditory or visual hallucinations or delusions. Id. He had difficulty with immediate recall and long-term memory, but short-term memory, and abstract-reasoning were fine. Id. Buchert had below average intelligence with poor to fair insight and judgment. Id. He was alert, awake, and oriented. Id. Dr. Ahmed diagnosed schizoaffective disorder, depressed type, and anxiety disorder, not otherwise specified. (Tr. 305.) He ruled out major depressive disorder, severe with psychotic features, and psychosis not otherwise specified. Id. Buchert was ascribed a Global Assessment of Functioning (GAF) score of 50.
On April 6, 2010, Dr. Ahmed reported that Buchert appeared calm, relaxed, and in a fair mood, though he was still hearing voices and feeling sad. (Tr. 332.) Buchert reported taking medications regularly and tolerating them well with no side effects. Id. Buchert exhibited fair hygiene and grooming; fair eye contact; no psychomotor agitation or retardation; and, a somewhat dysphoric and withdrawn mood with congruent affect. Id. Buchert denied any suicidal or homicidal ideation. Id. He was cooperative and interactive, but spoke with a stutter. Id. There was no evidence of auditory/visual hallucinations or paranoid delusions. Id. His insight and judgment were fair. Id. Dr. Ahmed increased the dosage of Celexa and Abilify. (Tr. 333.)
On May 26, 2010, Douglas Pawlarczyk, Ph.D., a state agency psychologist, reviewed the evidence of record and opined that Buchert could perform simple, repetitive work that involved no strict production quotas, no public contact, and only minimal contact with co-workers. (Tr. 289.)
On June 9, 2010, Buchert was seen by Dr. Ahmed after missing his last few appointments. (Tr. 329.) Buchert reported that he had not been taking all of his medications and was hearing and seeing things. Id. He also stated he was "stressed out." Id. He noted that Celexa was helping with depression. Id. Buchert was cooperative, interactive, and exhibited fair grooming, stuttering speech and eye contact, but a somewhat dysphoric and anxious mood with congruent affect. Id. Buchert denied any major mood swings or suicidal/homicidal ideation. Id. His thought content was logical and goal-directed; there was no evidence of auditory/visual hallucinations or paranoid delusions. Id. His insight and judgment were fair. Id. Dr. Ahmed continued to prescribe the same medications at an unaltered dosage, but did add Trazadone to help with sleep. (Tr. 330.)
On July, 12, 2010, Buchert reported to Dr. Ahmed that he had been doing fairly well. (Tr. 328.) He appeared calm and relaxed. Id. He tolerated his medications well, reporting no side effects. Id. Buchert denied experiencing any major depressive or psychotic symptoms. Id. Buchert exhibited fair hygiene and grooming; fair eye contact; spontaneous speech with normal rate, volume, and tone; no psychomotor agitation or retardation; a euthymic mood with congruent affect; no suicidal or homicidal ideation; no evidence of auditory or visual hallucinations; no paranoid delusions; and, fair insight and judgment. Id. Dr. Ahmed continued to prescribe the same medication without alteration. Id.
On August 9, 2010, Dr. Ahmed indicated Buchert appeared calm and relaxed with a fair mood. (Tr. 326.) Buchert reported doing fairly well on the medications and that his mood had been stable. Id. He reported no side effects from his medications, no mood swings, no auditory or visual hallucinations, and no paranoia. Id. He was casually dressed with fair hygiene and grooming, and had fair eye contact; spontaneous speech with normal rate, volume, and tone; no psychomotor agitation or retardation; a euthymic mood with congruent affect; and, fair insight and judgment. Id. (Tr. 326.) Dr. Ahmed continued to prescribe Trazadone and Abilify, but reduced the dosage of Celexa. (Tr. 327.)
On September 20, 2010, Dr. Ahmed reported that Buchert appeared calm and relaxed with a fair mood. (Tr. 325.) Buchert reported taking his medications regularly and tolerating them well without side effects. Id. "He said at times, he still hears voices, but overall he is feeling a lot better. No other issues." Id. Buchert exhibited fair hygiene and grooming; made fair eye contact; had spontaneous speech with normal rate, volume, and tone; had no psychomotor agitation or retardation; and had a "less dysphoric" mood with congruent affect. Id. He denied suicidal/homicidal ideation. Id. There was no evidence of auditory/visual hallucinations or paranoid delusions. Id. His insight and judgment were fair. Id. Dr. Ahmed increased Abilify, and continued Celexa and Trazadone.
On November 12, 2010, Steven Meyer, Ph.D., a state agency psychologist, reviewed the evidence in connection with Buchert's request for reconsideration. (Tr. 339.) Dr. Meyer reviewed the updated record, found no worsening in Buchert's mental condition, and agreed with Dr. Pawlarczyk's opinion. Id.
On September 16, 2011, Dr. Ahmed completed a Medical Source Statement indicating he saw Buchert once a month and that his prognosis was guarded. (Tr. 341.) Dr. Ahmed checked boxes on the form indicating that Buchert was "seriously limited" in 25 out of 25 areas. (Tr. 342-43.) Dr. Ahmed also opined that Buchert would be absent about 4 days per month. Id.
On October 18, 2011, Dr. Ahmed found that Buchert appeared calm, relaxed, and in a fair mood. (Tr. 378.) "He reports his hearing voices are much better, but at times he hears a few voices, but they are not as stressing to him." Id. Buchert was more concerned about his living situation and his upcoming Social Security hearing, "but other than that he is doing fine." Id. Buchert indicated that he was medication compliant without any side effects. Id. Dr. Ahmed reported that Buchert had fair hygiene and grooming; fair eye contact; spontaneous speech with normal rate, volume, and tone; no psychomotor agitation or retardation; and, an anxious mood with congruent affect. Id. Buchert denied suicidal/homicidal ideation. Id. Dr. Ahmed observed no symptoms of psychosis and no tics or abnormal movements. Id. Buchert's insight and judgment were assessed as fair. Id. Dr. Ahmed continued prescribing medication, reducing Abilify to 15 mg.
On December 14, 2011, Buchert was seen by Jaylata Patel, M.D. (Tr. 383-85.) Buchert reported that "he is doing much better with the medications, but he sometimes still hears some voices. He said it does not happen every day, but he hears them every now and then." (Tr. 383.) Buchert reported using marijuana and cocaine occasionally, but not in the last month. Id. Buchert presented as casually dressed and groomed; was able to carry on coherent, spontaneous, and goal-directed conversation; and, had an organized thought process. (Tr. 383-84.) Buchert reported no suicidal or homicidal thoughts, no paranoia, and an improved mood. (Tr. 384.) Buchert stated his prescription for Abilify had been reduced, but he did not know why. (Tr. 383.) Dr. Patel increased the dosage of Abilify. (Tr. 384.) Dr. Patel also encouraged Buchert to stop using drugs and alcohol. (Tr. 383.)
In order to establish entitlement to DIB under the Act, a claimant must be insured at the time of disability and must prove an inability to engage "in substantial gainful activity by reason of any medically determinable physical or mental impairment," or combination of impairments, that can be expected to "result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." 20 C.F.R. §§ 404.130, 404.315 and 404.1505(a).
A claimant is entitled to a POD only if: (1) he had a disability; (2) he was insured when he became disabled; and (3) he filed while he was disabled or within twelve months of the date the disability ended. 42 U.S.C. § 416(i)(2)(E); 20 C.F.R. § 404.320.
Buchert was insured on his alleged disability onset date, June 30, 2006, and remained insured through March 31, 2010. (Tr. 16.) Therefore, in order to be entitled to POD and DIB, Buchert must establish a continuous twelve month period of disability commencing between these dates. Any discontinuity in the twelve month period precludes an entitlement to benefits. See Mullis v. Bowen, 861 F.2d 991, 994 (6
A disabled claimant may also be entitled to receive SSI benefits. 20 C.F.R. § 416.905; Kirk v. Sec'y of Health & Human Servs., 667 F.2d 524 (6
The ALJ found Buchert established medically determinable, severe impairments, due to anxiety disorder, moderate dysfluency disorder, and schizoaffective disorder. (Tr. 16.) However, his impairments, either singularly or in combination, did not meet or equal one listed in 20 C.F.R. Pt. 404, Subpt. P, App. 1. (Tr. 16.) Buchert was found incapable of performing his past relevant work, but was determined to have a Residual Functional Capacity ("RFC") for a full range of work at all exertional levels with some non-exertional limitations. (Tr. 18, 23.) The ALJ then used the Medical Vocational Guidelines ("the grid") as a framework and VE testimony to determine that Buchert was not disabled. (Tr. 24-25.)
This Court's review is limited to determining whether there is substantial evidence in the record to support the ALJ's findings of fact and whether the correct legal standards were applied. See Elam v. Comm'r of Soc. Sec., 348 F.3d 124, 125 (6
The findings of the Commissioner are not subject to reversal merely because there exists in the record substantial evidence to support a different conclusion. Buxton v. Halter, 246 F.3d 762, 772-3 (6
In addition to considering whether the Commissioner's decision was supported by substantial evidence, the Court must determine whether proper legal standards were applied. Failure of the Commissioner to apply the correct legal standards as promulgated by the regulations is grounds for reversal. See, e.g.,White v. Comm'r of Soc. Sec., 572 F.3d 272, 281 (6
Finally, a district court cannot uphold an ALJ's decision, even if there "is enough evidence in the record to support the decision, [where] the reasons given by the trier of fact do not build an accurate and logical bridge between the evidence and the result." Fleischer v. Astrue, 774 F.Supp.2d 875, 877 (N.D. Ohio 2011) (quoting Sarchet v. Chater, 78 F.3d 305, 307 (7
In his sole assignment of error, Buchert asserts that the ALJ erred by rejecting the opinions of his treating psychiatrist, Dr. Ahmed. (ECF No. 16.)
Under Social Security regulations, the opinion of a treating physician is entitled to controlling weight if such opinion (1) "is well-supported by medically acceptable clinical and laboratory diagnostic techniques" and (2) "is not inconsistent with the other substantial evidence in [the] case record." Meece v. Barnhart, 2006 WL 2271336 at * 4 (6
If the ALJ determines a treating source opinion is not entitled to controlling weight, "the ALJ must provide `good reasons' for discounting [the opinion], reasons that are `sufficiently specific to make clear to any subsequent reviewers the weight the adjudicator gave to the treating source's medical opinion and the reasons for that weight.'" Rogers, 486 F.3d at 242 (quoting Soc. Sec. Ruling 96-2p, 1996 SSR LEXIS 9 at * 5). The purpose of this requirement is two-fold. First, a sufficiently clear explanation "`let[s] claimants understand the disposition of their cases,' particularly where a claimant knows that his physician has deemed him disabled and therefore `might be bewildered when told by an administrative bureaucracy that she is not, unless some reason for the agency's decision is supplied.'" Id. (quoting Wilson v. Comm'r of Soc. Sec., 378 F.3d 541, 544 (6
Nevertheless, the opinion of a treating physician must be based on sufficient medical data, and upon detailed clinical and diagnostic test evidence. See Harris v. Heckler, 756 F.2d 431, 435 (6
Here, it is undisputed that Dr. Ahmed was Buchert's treating psychiatrist, as he first saw Buchert in March of 2010, a few weeks before Buchert's date last insured, and continued treating Buchert on multiple occasions up until at least October of 2011.
Pursuant to 20 C.F.R. § 404.1527(c)(3), "[t]he more a medical source presents relevant evidence to support an opinion, particularly medical signs and laboratory findings, the more weight we will give that opinion. The better an explanation a source provides for an opinion, the more weight we will give that opinion.... Generally, the more consistent an opinion is with the record as a whole, the more weight we will give to that opinion." The ALJ specifically noted that Dr. Ahmed gave no explanation whatsoever in the September 2011 form for the severe limitations he assessed other than an indication to "see medical records." (Tr. 22.) Indeed, a review of the questionnaire indicates that Dr. Ahmed neglected to complete much of the form, simply indicating "see medical records" where certain information was requested. (Tr. 341-43.) Where the form asked the source to describe the clinical findings that support the severity of limitations assessed, no response was given. (Tr. 341.)
As such, under the rules, Court cannot find that it was inappropriate for the ALJ to discount Dr. Ahmed's opinion given the lack of any explanation for the assessed limitations. In addition, ALJ discussed Dr. Ahmed's initial evaluation of Buchert (Tr. 20), as well as treatment notes that both pre-date and post-date Dr. Ahmed's functionality opinion. (Tr. 21-22.) The ALJ discusses generally that the treatment notes indicate Buchert was doing better on medication, that he reported only occasional auditory hallucinations, and that his stress and symptoms were minimized with treatment and medication. (Tr. 22-23.) The ALJ points out that the treatment notes give no indication that Buchert is unable to perform daily activities due to his psychiatric illness.
Finally, Buchert argues that the ALJ failed to consider the regulatory factors found in 20 C.F.R. §§ 404.1527(c)(2) & 416.927(c)(2). (ECF No. 16 at 13-14.) This is simply inaccurate. In deciding the weight to ascribe to an opinion, an ALJ must consider factors such as (1) the length of the treatment relationship and the frequency of the examination, (2) the nature and extent of the treatment relationship, (3) the supportability of the opinion, (4) the consistency of the opinion with the record as a whole, (5) the specialization of the source, and (6) any other factors which tend to support or contradict the opinion. See, e.g., Bowen v. Comm'r of Soc. Sec., 478 F.3d 742, 747 (6
Therefore, the Court finds that the explanation and reasons provided by the ALJ were legally sufficient to reject the identified portions of Dr. Ahmed's opinion.
For the foregoing reasons, the Court finds the decision of the Commisionner supported by substantial evidence. Accordingly, the decision of the Commissioner's is AFFIRMED and judgment is entered in favor of the defendant.
IT IS SO ORDERED.