ANN AIKEN, District Judge.
This action is brought pursuant to 42 U.S.C. § 405(g) to obtain judicial review of the final decision of the Commissioner denying Plaintiff's applications for Disability Insurance Benefits (DIE) and Supplemental Security Income (SSI). Upon review, the Commissioner's decision is AFFIRMED.
On September 17, 2010, Plaintiff protectively filed applications for DIB and SSI. Both filings alleged an onset disability date of July 1, 2006. The applications were denied initially and on reconsideration. After requesting a hearing, Plaintiff and a vocational expert (VE) testified before an Administrative Law Judge (ALJ). Shortly thereafter, the ALJ issued a written decision finding that Plaintiff was not disabled as of the alleged onset date. Plaintiff sought review from the Appeals Council, which denied the request for review. Plaintiff then sought judicial review.
The court must affirm the Commissioner's decision if it is based on proper legal standards and the findings are supported by substantial evidence in the record.
The initial burden of proof rests upon the claimant to establish disability.
Plaintiff argues the ALJ erred by: 1) improperly discounting Plaintiff's testimony; 2) improperly discounting lay witness statements; and 3) failing to incorporate the above evidence into the residual functional capacity (RFC) The Commissioner argues that the ALJ's decision is supported by legally sufficient reasons and that this Court should affirm the Commissioner's decision.
Plaintiff first contends that the ALJ improperly evaluated her testimony. Once a claimant produces medical evidence of an impairment, the Commissioner may discredit the claimant's testimony as to the severity of symptoms only with clear and convincing reasons.
Plaintiff alleges that she has severe limitations such as limited mobility in her shoulder, a lack of ability to walk or sit for extended periods of time, diabetes, PTSD that does not allow her to interact with people without becoming irritated, extreme migraines, and back and abdomen spasms. Tr. 106, 108, 110, 112-13, 116-18, 120-22. Due to these impairments, Plaintiff claims she is disabled. The ALJ provided three reasons for his adverse credibility finding. They are: 1) inconsistencies between her alleged functional limitations and her daily activities; 2) Plaintiff's lack of candor and truthfulness with her doctor; and 3) the conservative treatment provided to treat her medical issues. Tr. 33-34. I find that the ALJ provided legally sufficient reasons for his credibility evaluation.
The record supports the ALJ's finding that Plaintiff made several statements that are inconsistent with her daily activities. For example, the ALJ noted that Plaintiff was able to perform household chores such as laundry, washing the dishes, and vacuuming. Tr. 33, 98-101. Additionally, the ALJ cited activities in which the Plaintiff interacts with people, such as shopping, talking on the phone and visiting friends and family. Tr. 33, 98-99, 105. The ALJ noted that Plaintiff spends time with her long-term boyfriend and neighbor everyday and that they go out to dinner occasionally. Tr. 99, 104. Finally, the ALJ noted that Plaintiff was able to care for her young daughter by driving her to school, dressing her, and taking care of her at night for much of the time. Tr. 33, 100, 102, 401.
These activities are inconsistent with the severity of the limitations Plaintiff alleges. For example, Plaintiff alleges that she has severe deliberating migraines four to five times a week that last for days at a time, during which she lays in the fetal position and covers her ears and eyes with towels and pillows. Tr. 110-111, 114. This is inconsistent with her daily activities of basic cooking, cleaning, and child rearing. Plaintiff also alleges, for example, that her PTSD causes her to be closed off, angry, depressed, and unable to interact with people such as supervisors or co-v.,rorkers. Tr. 74-75, 91, 116, 121. However, the severity of this impairment is inconsistent with going to the store, interacting with family and friends, seeing her boyfriend and neighbor daily, and going to dinner in public places.
Second, the record supports the ALJ's finding that Plaintiff was dishonest in her reports to Dr. Taycher, her treating doctor, regarding marijuana use when she had agreed to a narcotic contract. Tr. 34, 770. In determining the credibility of a witness or claimant testimony, the ALJ may evaluate testimony using ordinary techniques of credibility evaluation, including truthfulness.
The record indicates that Dr. Taycher "strongly advised" Plaintiff that her continued use of marijuana would force her to stop prescribing narcotics to Plaintiff.
Finally, the record supports the ALJ's finding that Plaintiff received minimal and conservative treatment. Tr. 33. Evidence of conservative treatment is sufficient grounds for an ALJ to discount a claimant's testimony.
Plaintiff also argues the ALJ failed to provide germane reasons to discredit the statements of lay several law witnesses. The ALJ stated that the witness statements "are considered credible to the extent reports of what has been seen and heard are accurate." Tr. 34-35. The ALJ also added, however, that the claimant's daily activities, treating medical evidence, and conservative medical treatment do not show she is as limited as the witnesses alleged. Tr. 34-35. I agree.
For example, Plaintiff's mother wrote that she cares for Plaintiff's child two to four days a week and drops her back off at night so she can go to school in the morning. Tr. 447. She also wrote that Plaintiff has trouble "standing, bending, or stooping." Tr. 447. Finally, she wrote that Plaintiff does not want to interact with others. Tr. 447. Similarly, Plaintiff's boyfriend wrote that Plaintiff began having pain in her hip and back that became progressively worse. Tr. 450. Finally, Plaintiff's neighbor wrote that twice weekly she assists Plaintiff in vacuuming, mopping, laundry, and other household chores and caring for Plaintiff's pet. Tr. 451. The ALJ indicated that these statements are considered within the RFC evaluation, and the RFC reflects this through limitations in functional movements and public contact.
However, the lay witnesses also provide opinions that do not stem from their observations or are otherwise not supported by the record. For example, Plaintiff's mother states that Plaintiff is bed ridden for two to three days at a time, which the ALJ found inconsistent with Plaintiff's daily activities. Tr. 447, 401. Some of Plaintiff's boyfriend's statements do not relate to Plaintiff's impairments but, instead, to a weakening emotional bond between Plaintiff and himself. Tr. 450. Finally, Plaintiff's neighbor broadly states that Plaintiff cannot perform simple daily tasks, which is counter to the Plaintiff's own daily activities. Tr. 98-101, 401, 451. Thus, the ALJ did not err in the evaluation of law witness statements.
In arguing that the ALJ's evaluation of Plaintiff's RFC was error, Plaintiff restates her arguments above. A court will affirm an ALJ's evaluation of Plaintiff's RFC if the ALJ applied proper legal standards and their decision is supported by substantial evidence in the record.
Further, substantial evidence exists within the record to support the ALJ's RFC evaluation. The ALJ cited Dr. Kehrli's assessment, concluding that Plaintiff should limit overhead reaching, only occasionally stoop, crawl and crouch, among other things. Tr. 34, 191-94, 204-07. Additionally, the ALJ found that Plaintiff must avoid exposure to respiratory irritants, have only occasional public contact, and have a stand/sit option and placed other restrictions on activities that impact the back, like climbing latters, stairs and ramps. Tr. 32. Thus, the ALJ's RFC considers Plaintiff's lower back limitations and her history of respiratory problems and use of inhalers. Tr. 96, 510, 753, 769. Thus, because the ALJ applied the proper legal standards and his opinion is supported by substantial evidence in the record, the ALJ's evaluation of the RFC is affirmed.
The ALJ did not error in evaluating Plaintiff's credibility or the lay witnesses' statements. Thus, the ALJ did not error in the evaluation of Plaintiff's RFC. Therefore, the Commissioner's decision is AFFIRMED.
IT IS SO ORDERED.