YVETTE KANE, District Judge.
The above-captioned action is one seeking review of a decision of the Commissioner of Social Security ("Commissioner") denying Plaintiff Angela A. Decker's claim for social security disability insurance benefits and supplemental security income benefits. For the reasons that follow, the Court will affirm the Commissioner's decision.
On January 12, 2012, Decker filed protectively
On August 22, 2013, the ALJ issued a decision denying Decker's applications. Tr. 12-25. As will be explained in more detail infra the ALJ found that Decker failed to prove that she met the requirements of a listed impairment or suffered from work-preclusive functional limitations.
Decker then filed a complaint in this court on June 4, 2014. Supporting and opposing briefs were submitted and the appeal
Decker was born in the United States on January 3, 1972, and at all times relevant to this matter was considered a "younger individual"
Decker graduated from high school in 1990 and can read, write, speak and understand the English language and perform basic mathematical functions such as counting change and handling a savings account. Tr. 225, 239 and 458. During her elementary and secondary schooling, Decker attended regular education classes. Tr. 227.
Decker's work history covers 22 years and at least 16 different employers. Tr. 199, 202-204 and 207. The records of the Social Security Administration reveal that Decker had earnings in the years 1988 through 1996 and 1999 through 2011. Tr. 199. Decker's annual earnings range from a low of $96.88 in 1996 to a high of $17,128.22 in 1994.
After high school Decker for approximately 4 years worked for several different employers, including a nursing home. Tr. 458. Decker then trained to become a medical assistant at Medix School in Towson, Maryland, and then in 1998 or 2000
A vocational expert identified Decker's prior work as (1) a parts picker where she would pick parts for assembly at a motorcycle manufacturer which was described as unskilled, medium work; (2) a commercial or industrial cleaner described as heavy, unskilled work; (3) a sales clerk described as semi-skilled, light work; (4) a pharmacy technician described as semi-skilled, light work; (5) a cashier described as unskilled, light work; (6) an accounting clerk described as skilled, sedentary work; (7) a cook helper described as unskilled, medium work; (8) a mail sorter described as unskilled, light work; and (9) a nursing assistant which was not described with respect to skill or exertional level.
Decker is married but is separated from her husband and lives with her daughter and son in a two-story house; she is able to take care of her personal needs, such as feeding and dressing herself, except she stated that she "sometimes" has difficulty brushing her hair and her daughter assists her with that task; she is able to prepare simple meals and she prepares full meals 3 to 4 times per month; she drives her son to work everyday; she helps babysit her two grandchildren twice a week; she helps with the laundry by folding clothes; she performs simple housework such as dusting and sweeping and washing the dishes; she occasionally goes shopping with her daughter for clothes; she walks 1 ½ blocks three times per week for exercise; she feeds and takes care of her dogs at her house and drives approximately 3 miles to and spends time at her husband's house feeding his cats; she goes shopping for groceries once per month; her hobbies include putting puzzles together and reading books; she reported no problems getting along with others and occasionally visiting with family members; she reported playing video games and games on her cell-phone; she reported no difficulty squatting, kneeling, talking, hearing, seeing, understanding, following written or spoken instructions and using her hands; she does not need reminders to address her personal hygiene needs or to go places; she has no difficulty finishing what she starts; she can handle stress and changes to her routine and is able to walk for an hour before needing to rest; and she is able to handle a savings account and use a checkbook and money orders Tr. 39-40, 46, 50-52, 56, 64-65 and 236-243.
Decker smokes 1 pack of cigarettes per day and has a substantial history of abusing alcohol and controlled substances, including cocaine, marijuana and LSD. Tr. 368-369, 457-458 and 570. In March, 2012, Decker reported binging on alcohol "about once a month where she will have a bottle of wine or whisky and get drunk" but that she stopped using illicit drugs when she was 18 years old. Tr. 458. Also, in July, 2012, Decker stated that she "drinks [alcohol] in excess about twice a month." Tr. 570. At the administrative hearing in August, 2013, Decker testified that she stopped drinking alcohol when she started taking medication for diabetes about "seven or eight months" prior to the hearing but admitted "one like night where I was drinking since then." Tr. 68.
Decker argues that (1) the ALJ erred at step 3 of the sequential evaluation process by finding that Decker's impairments did not meet Listing 12.04, Affective Disorders; (2) the ALJ erred by failing to give appropriate weight to the opinion of Decker's treating physician and the opinion of a consultative psychologist; (3) the ALJ failed to properly evaluate Decker's fibromyalgia and credibility; and (4) substantial evidence does not support the ALJ's step 5 determination.
A trial court has plenary review of all legal issues decided by the Commissioner.
To receive disability benefits, the plaintiff must demonstrate an "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which 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." 42 U.S.C. § 432(d)(1)(A). Furthermore,
42 U.S.C. § 423(d)(2)(A).
The Commissioner utilizes a five-step process in evaluating disability insurance and supplemental security income claims. 20 C.F.R. §404.1520 and 20 C.F.R. § 416.920;
The ALJ at step one of the sequential evaluation process found that Decker had not engaged in any substantial gainful activity since January 1, 2012, the amended alleged disability onset date. Tr. 14.
At step two of the sequential evaluation process, the ALJ found that Decker had the following severe impairments: "Morbid Obesity, Lumbar Degenerative Disc Disease, Fibromyalgia, Hepatitis C, Mood Disorder, and Anxiety[]."
At step three of the sequential evaluation process the ALJ found that Decker's impairments did not individually or in combination meet or equal a listed impairment.
At step four of the sequential evaluation process the ALJ found that Decker could not perform her past relevant employment as a commercial or industrial cleaner, sales clerk, pharmacy technician, cashier and mail sorter but that she had the residual functional capacity to perform a limited range of unskilled, light work. Tr. 17 and 23. Specifically, the ALJ found that Decker requires the ability to alternate between sitting and standing positions as needed; she cannot perform overhead reaching, crawling, or climbing of ladders, ropes and scaffolds; she can only occasionally crouch, stoop, and climb ramps and stairs; she is able to tolerate moderate exposure to fumes and hot temperatures; she can only occasionally look downward; she is limited to unskilled work with General Educational Development codes of 1 or 2;
Based on the above residual functional capacity and the testimony of a vocational expert the ALJ found at step five of the sequential evaluation process that Decker could perform three unskilled, light work positions which provided for the ability to alternate between sitting and standing as needed and that there were a significant number of such jobs in the national economy. Tr. 24. The positions identified by the vocational expert were a cleaner-housekeeper, sorter-agriculture, and assembler-electrical accessories.
The administrative record in this case is 620 pages in length, primarily consisting of medical and vocational records. The ALJ did an adequate job of reviewing Decker's medical history and vocational background in her decision. Tr. 12-25. Furthermore, the brief submitted by the Commissioner sufficiently reviews the medical and vocational evidence in this case. Doc. 12, Brief of Defendant.
Decker does not challenge the ALJ's identification of her severe and non-severe impairments at step 2 of the sequential evaluation process. Decker argues that the ALJ erred at step 3 in failing to find that she met Listing 12.04; failed to give appropriate weight to the opinion of Ann L. Ramage, M.D., Decker's treating physician, and the opinion of Chrissi Hart, Ph.D., the consultative state agency psychologist, when setting Decker's residual functional capacity; failed to properly evaluate Decker's fibromyalgia and credibility; and failed to point to substantial evidence supporting the determination at step 5 that she could engage in other employment with a sit/stand option as needed. The Court will discuss each argument in turn.
The requirements of Listing 12.04 in relevant part are as follows:
20 C.F.R., pt. 404, subpt. P, app. 1, § 12.04.
If Decker's severe impairments met or equaled a listed impairment, she would have been considered disabled per se and awarded disability benefits. However, a claimant has the burden of proving that his or her severe impairment or impairments meet or equal a listed impairment.
The determination of whether a claimant meets or equals a listing is a medical one. The Social Security regulations require that an applicant for disability insurance benefits come forward with medical evidence "showing that [the applicant] has an impairment(s) and how severe it is during the time [the applicant] say[s] [he or she is] disabled" and "showing how [the] impairment(s) affects [the applicant's] functioning during the time [the applicant] say[s] [he or she is] disabled." 20 C.F.R. § 404.1512(c). Consequently, a claimant must present medical evidence or opinion that his or her impairment meets or equals a listing.
Decker's argument is premised on the contention that she met the requirements of Listing 12.04, Affective Disorders. The court has already addressed the criteria/requirements of that listing. In summary, Decker had to establish, inter alia, that she met the criteria of subsection A and that under subsection B she had either two "marked" limitations in the categories of activities of daily living; maintaining social functioning; and concentration, persistence or pace; or one "marked" limitation coupled with repeated episodes of decompensation, each of an extended duration. See 20 C.F.R., Pt. 4040, Subpt. P, App. 1, § 12.04. The Commissioner does not argue that Decker failed to establish the criteria of subsection A. Instead, the Commissioner contends that Decker failed to meet the criteria of subsection B.
Although Dr. Ramage, who is not a psychiatrist or psychologist, on July 2, 2013, opined that Decker had marked limitations with respect to activities of daily living and maintaining concentration persistence and pace, and repeated episodes of decompensation, each of an extended duration, Dr. Ramage's treatment notes lack any objective adverse mental health findings. Furthermore, no treating or examining psychologists or psychiatrist concluded that Decker's impairments met those criteria, and was unable to engage in a limited range of unskilled, light work.
In contrast George Ondis, Ph.D., a state agency psychologist, concluded that Decker's mental conditions did not meet or equal the criteria of Listings 12.04 as well as 12.06 (Anxiety Disorders), and was able to meet the basic mental demands of simple, unskilled work on a competitive basis. Tr. 109-111 and 115. Dr. Hart, the state agency psychologist who examined Decker, concluded that other than with respect to her ability to interact with the general public, Decker was able to function satisfactorily and with respect to that one area of deficiency even Dr. Ramage opined that Decker had an unlimited or very good ability to interact with the general public. Tr. 465-467 and 607. Also, the court's review of the medical records revealed that in July, 2012, Gary B. Zimberg, M.D., a psychiatrist, gave Decker a GAF score of 60, representing the borderline between moderate and mild symptoms
Other than the opinion of Dr. Ramage, Decker has proffered no medical opinion, nor has she marshaled the evidence in the record, to support her contention that her condition met the requirements of Listing 12.04. The ALJ gave an adequate explanation for finding that Decker did not meet or equal the criteria of Listing 12.04. The court cannot conclude from the bare medical records and the conclusory opinion of Dr. Ramage that Decker met the requirements of Listing 12.04. The Court finds that the ALJ properly considered and rejected Decker's claim that she met the requirements of Listing 12.04.
The administrative law judge rejected the disability opinions of Dr. Ramage. Although there is no evidence that Dr. Ramage on or about August 10, 2012, examined Decker, on that date Dr. Ramage completed a document on behalf of Decker entitled "Physical Residual Functional Capacity Questionnaire." Tr. 333-337. In that document Dr. Ramage set forth functional limitations which precluded Decker from engaging in full-time work.
On July 2, 2013, Dr. Ramage completed two residual functional assessment forms on behalf of Decker. Tr. Tr. 604-614.
In the first form entitled "Mental Impairment Questionnaire (RFC & Listings)," Dr. Ramage stated that Decker suffered from bipolar depression and an anxiety related disorder which rendered her completely unable "to function independently outside the area of one's home." Tr. 604 and 608. Furthermore, in contrast to what was previously reported in treatment notes, Dr. Ramage stated that Decker had side effects from her medication.
In the second form entitled "Fibromyalgia Residual Functional Capacity Questionnaire," Dr. Ramage stated that Decker met the American College of Rheumatology criteria for fibromyalgia and that she also suffered from bipolar disorder, hepatitis C, diabetes and high blood pressure. Tr. 610. When asked to identify the clinical findings, laboratory and test results that demonstrated Decker's medical impairments, Dr. Ramage merely stated "No lab tests for fibromyalgia."
On March 30, 2012, Decker was evaluated by Dr. Hart on behalf of the Bureau of Disability Determination. Tr. 456-462 and 465-467. After performing a clinical interview and a mental status examination, Dr. Hart concluded that Decker suffered from a mood disorder, not otherwise specified, and generalized anxiety disorder and gave Decker a Global Assessment of Functioning (GAF) score of 50, representing the borderline between serious and moderate symptoms. Tr. 456-462.
During the mental status examination Dr. Hart observed that Decker was anxious and obese but she was cooperative and her posture, hygiene, mannerisms and eye contact were all normal; Decker's gait was normal; Decker had no unusual tics or gestures; the content of Decker's speech was appropriate and it was clear, coherent and goal directed; Decker's mood appeared depressed as evidence by a flat affect; Decker had no hallucinations or derealization but reported depersonalization; Decker reported homicidal thoughts and persecutory delusions but no suicidal thoughts; Decker's motivation for treatment was poor and she had poor insight into her problems; Decker's intelligence was rated as average; Decker was oriented to place but not well oriented to time and date; Decker had difficulty with repeating digits forwards and backwards; Decker recent memory was intact; Decker reported difficulties controlling aggressive impulses; Decker's judgment was intact, i.e., she knew what to do if she found an envelope in the street which was sealed, addressed and had an unused stamp on it; and Decker had poor insight into her illness and her need for treatment. Tr. 458.
Dr. Hart completed, in addition to preparing a written report of her examination of Decker, a document entitled "Medical Source Statement of Ability to Do Work-Related Activities (Mental)." Tr. 465-467. In the document Dr. Hart was asked to rate various mental functional abilities as follows:
Tr. 465. In 9 out of 10 areas of mental functioning Dr. Hart found that Decker had minimal (none), mild (slight) or moderate limitations. Tr. 466. Dr. Hart found that Decker had the ability to function satisfactorily with respect to understanding, remembering and carrying out simple and detailed instructions; making judgments on simple work-related decisions; interacting appropriately with supervisors and co-workers; and responding appropriately to work pressures in a usual work setting and to changes in a routine work setting.
The Court of Appeals for this circuit has set forth the standard for evaluating the opinion of a treating physician in
The social security regulations specify that the opinion of a treating physician may be accorded
The administrative law judge relied on the opinions of Dr. Ondis and Dr. Hart. Contrary to Decker's argument, Dr. Hart although finding an extreme limitation with respect to Decker's ability to interact with the general public, concluded that Decker could function satisfactorily from a mental standpoint. Furthermore, the ALJ appropriately relied on the opinion of Dr. Ondis, the state agency psychologist, who reviewed Decker's medical records. Dr. Ondis stated that Dr. Hart overstated Decker's limitations and, furthermore, as stated above even Dr. Ramage found that Decker had no mental limitation with respect to her interaction with the general public. The administrative law judge's reliance on the opinions of Dr. Hart and Dr. Ondis was appropriate.
Contrary to Decker's assertion, the ALJ appropriately considered Decker's fibromyalgia. The ALJ found that the fibromyalgia was a severe, medically determinable impairment but that Decker's claims relating to the limitations associated with that severe impairment were overstated and did not preclude Decker from engaging in a limited range of light work. Any assessment of Decker's limitations associated with Decker's fibromyalgia is directly linked to an assessment of her credibility. There are no objective tests for the condition, other the tender or trigger point examination which is not presently required to diagnose the illness. The illness is diagnosed based on subjective complaints and by excluding all other possible illnesses. Consequently, the limitations asserted by a claimant are directly related to the claimant's credibility and an ALJ does not have to accept a physician's assessment of a claimant's credibility or a claimant's subjective claims regarding her physical or mental limitations and the pain associated with the illness.
In the present case the ALJ sufficiently explained her reasons for finding Decker's subjective complaints overstated. Decker's allegations were not fully consistent longitudinally, particularly with respect to her abilities and activities of daily living and the objective medical evidence which showed that her symptoms improved with medication; her pain symptoms were not consistently reported as debilitating; and she had a normal gait and her extremities were within normal limits. Tr. 22, 236-246, 452-456, 458, 480-481, 488-491, 506-507, 533-537, 555-557, 565, 597-601 and 615. Normal physical examination findings can constitute substantial evidence supporting an ALJ's determination that a claimant's complaints of debilitating pain are not credible.
Because the administrative law judge observed and heard Decker testify, the administrative law judge is the one best suited to assess her credibility.
Decker's final argument is that the ALJ's step 5 determination is not supported by substantial evidence. Specifically, Decker asserts that there was insufficient evidence to conclude that the jobs which the ALJ found Decker could perform permitted a sit/stand option as needed. This argument is devoid of merit because the vocational expert was instructed to consider an individual who required the option to alternate sitting and standing "as needed." Tr. 97. The vocational expert then identified jobs meeting that requirement, as well as the other limitations set by the ALJ. Tr. 95-100.
For the foregoing reasons, the Court finds that there is substantial evidence to affirm the decision of the Commissioner of the Social Security Administration upholding the decision of the ALJ denying disability insurance benefits and supplemental security income payments to Decker. The Court will affirm the decision of the Commissioner. An order consistent with this memorandum follows.
20 C.F.R. §§ 404.1567 and 416.967.
On May 21, 2013, Decker had a second appointment with Dr. Muneses. Tr. 601-603. During that appointment Decker reported good medication compliance; Decker denied medication side effects; she reported a normal appetite and sleep patterns; she reported overall mood stability despite ongoing and unchanged stressors; she denied suicidal and homicidal thoughts, perceptual disturbances and psychotic symptoms; she reported "good" activities of daily living and "some socialization;" she denied mania and impulsivity; and she requested that her current medication protocol continue. Tr. 601. It was reported that Decker's musculoskeletal system was within normal limits; her gait and station were normal; she was well groomed; her speech was normal; her mood was "good" and affect reactive; her thought processes were goal directed; she had no hallucinations; her judgment and insight were appropriate; and her attention span was focused. Tr. 601-602.