PAMELA MEADE SARGENT, Magistrate Judge.
Plaintiff, Christopher Allen Woods, ("Woods"), filed this action challenging the final decision of the Commissioner of Social Security, ("Commissioner"), determining that he was not eligible for disability insurance benefits, ("DIB"), under the Social Security Act, as amended, ("Act"), 42 U.S.C.A. § 423 (West 2011). Jurisdiction of this court is pursuant to 42 U.S.C. § 405(g). This case is before the undersigned magistrate judge by transfer based on consent of the parties pursuant to 28 U.S.C. § 636(c)(1).
The court's review in this case is limited to determining if the factual findings of the Commissioner are supported by substantial evidence and were reached through application of the correct legal standards. See Coffman v. Bowen, 829 F.2d 514, 517 (4
The record shows that Woods protectively filed an application for DIB on July 15, 2011, alleging disability as of May 23, 2011, due to a stomach ulcer, agoraphobia, anxiety, depression and chronic pain. (Record, ("R."), at 173-75, 187, 193.) The claim was denied initially and on reconsideration. (R. at 80-82, 86-88, 91-94, 96-98.) Woods then requested a hearing before an administrative law judge, ("ALJ"). (R. at 99.) A hearing was held by video conferencing on April 30, 2013, at which Woods was represented by counsel. (R. at 30-54.)
By decision dated May 17, 2013, the ALJ denied Woods's claim. (R. at 14-24.) The ALJ found that Woods met the nondisability insured status requirements of the Act for DIB purposes through December 31, 2015.
After the ALJ issued his decision, Woods pursued his administrative appeals, (R. at 7-8, 10), but the Appeals Council denied his request for review. (R. at 1-5.) Woods then filed this action seeking review of the ALJ's unfavorable decision, which now stands as the Commissioner's final decision. See 20 C.F.R. § 404.981 (2015). The case is before this court on the Commissioner's motion for summary judgment
Woods was born in 1963, (R. at 173), which, at the time of the ALJ's decision, classified him as a "younger person" under 20 C.F.R. § 404.1563(c). He has a tenth-grade education and vocational training in welding. (R. at 34, 188.) Woods has past relevant work experience as a welder/fabricator. (R. at 34-35, 188.)
Ashley Wells, a vocational expert, also was present and testified at Woods's hearing. (R. at 45-52.) Wells characterized Woods's past work as a welder as medium
In rendering his decision, the ALJ reviewed medical records from Dr. Andrew Bockner, M.D., a state agency physician; Dr. Brian Strain, M.D., a state agency physician; Julie Jennings, Ph.D., a state agency psychologist; Dr. Bert Spetzler, M.D., a state agency physician; Dr. W. Eric Shrader, M.D.; Dr. Gary Craft, M.D.; and Dr. Nasreen R. Dar, M.D., a psychiatrist.
On September 13, 2010, Woods saw Dr. W. Eric Shrader, M.D., for complaints of prostatitis. (R. at 252.) He reported that medication improved his depression. (R. at 252.) Woods also reported that his malaise and fatigue had improved and that his GERD was controlled. (R. at 252.) Dr. Shrader noted that Woods was sitting comfortably and looked well. (R. at 252.) On October 4, 2010, Woods complained of low back pain, primarily on the left with some muscle spasm. (R. at 252.) He noted that the pain did not radiate into Woods's legs. (R. at 252.) He noted some slight tenderness around the paraspinal muscles. (R. at 252.) Straight leg raise testing was normal. (R. at 252.) Again, Dr. Shrader noted that Woods was sitting comfortably and looked well. (R. at 252.) Dr. Shrader reported that Woods's depression was stable. (R. at 252.) Woods was diagnosed with back strain; prostatitis, resolved; and depression. (R. at 252.) On February 15, 2011, Woods complained of frequency, urgency, dysuria and mild back pain. (R. at 251.) He reported that his symptoms of GERD were controlled and that his depression was better. (R. at 251.) He was diagnosed with prostatitis, urinary tract infection, back pain and depression, which was improved. (R. at 251.) Dr. Shrader recommended that Woods use ibuprofen for his back pain. (R. at 251.) On May 2, 2011, Woods complained of left flank pain. (R. at 251.) He believed that he was passing a kidney stone. (R. at 251.) Woods reported that he was still using ibuprofen for his back pain. (R. at 251.) Dr. Shrader noted that Woods was sitting comfortably. (R. at 251.) On May 18, 2011, Woods reported that his prostatitis had improved. (R. at 250.) Dr. Shrader noted that Woods "still has some back pain" and was requesting a refill of Ultracet. (R. at 250.) He also noted that Woods was "sitting comfortably." (R. at 250.)
On June 17, 2011, Woods came in to get Dr. Shrader to fill out paperwork related to his disability claim. (R. at 250.) Woods reported that he could no longer work because of back pain, joint pains, myalgias, anxiety and depression. (R. at 250.) Woods stated that he avoided people as a result of his anxiety. (R. at 250.) Dr. Shrader reported that Woods was sitting comfortably, but he was very anxious and tremulous. (R. at 250.) He diagnosed anxiety, depression, fibromyalgia, GERD and BPH. (R. at 250.) Dr. Shrader notes no objective findings to support any of Woods's diagnoses or symptoms, other than a noticeable tremor. It is important to note that Dr. Shrader stated, "I completed all his paperwork. . . . We went over each question and tried to answer it as truthfully as possible by asking him his symptoms." (R. at 250.)
On January 11, 2012, Woods complained of severe problems with fear of people, anxiety and depression. (R. at 275.) He reported that his GERD was controlled and that his back pain was stable. (R. at 275.) Dr. Shrader reported that Woods was sitting comfortably, but was very anxious and tremulous. (R. at 275.) Woods had a resting tremor. (R. at 275.) Dr. Shrader diagnosed severe anxiety with agoraphobia and depression, fibromyalgia, GERD and BPH, stable. (R. at 275.) On February 16, 2012, Woods complained of severe anxiety with agoraphobia and depression. (R. at 275.) On May 16, 2012, Woods reported that his symptoms of anxiety and depression were stable. (R. at 276.) On July 6, 2012, Woods reported that his symptoms of depression, anxiety and fibromyalgia were doing fairly well with medication. (R. at 276.) He also reported that his back pain had improved. (R. at 276.)
On August 23, 2012, Dr. Shrader completed a physical assessment, indicating that Woods could occasionally lift and carry items weighing up to 20 pounds and frequently lift and carry items weighing less than 10 pounds. (R. at 269-70.) He opined that Woods could stand and/or walk, with normal breaks, less than two hours in an eight-hour workday and that he could stand up to 15 minutes without interruption. (R. at 269.) Dr. Shrader opined that Woods could sit a total of two hours in an eight-hour workday and that he could do so for up to 15 minutes without interruption. (R. at 269.) He also found that Woods would need to walk around every 20 minutes to relieve discomfort and that he would need to do so for up to 10 minutes at a time. (R. at 269.) Dr. Shrader opined that Woods would require the opportunity to shift positions at will and that he would need to lie down at unpredictable intervals, up to two times during a workday. (R. at 269.) He opined that Woods could occasionally crouch and climb stairs and never twist, stoop or climb ladders. (R. at 270.) He opined that Woods's abilities to reach, including overhead, and to push and pull were limited. (R. at 270.) He found that Woods should avoid concentrated exposure to extreme cold and heat, high humidity, fumes, odors, dusts, gases, perfumes, soldering fluxes, solvents/cleaners and chemicals. (R. at 270.) He also opined that Woods would miss more than four days of work per month. (R. at 270.) Dr. Shrader listed no diagnoses or objective findings to support any of these limitations. Instead, the only medical findings listed were back pain, shoulder pain and knee pain. (R. at 269.) Dr. Shrader's office notes, however, make no mention of Woods ever complaining of shoulder or knee pain.
That same day, Dr. Shrader completed a Depression & Anxiety Questionnaire, indicating that Woods experienced depressive syndrome with anhedonia or pervasive loss of interest in almost all activities, sleep disturbance, psychomotor agitation or retardation, decreased energy, feelings of guilt or worthlessness, difficulty concentrating or thinking and thoughts of suicide. (R. at 271-74.) Dr. Shrader also noted that Woods suffered recurrent severe panic attacks manifested by a sudden unpredictable onset of intense apprehension, fear, terror and sense of impending doom, occurring, on the average of, at least once a week. (R. at 272.) He also found that Woods experienced recurrent obsessions or compulsions which were a source of marked distress. (R. at 272.) Dr. Shrader opined that Woods had extreme limitations in his ability to perform activities of daily living and marked limitations in maintaining social functioning and in maintaining concentration, persistence or pace. (R. at 273.) He found that Woods experienced episodes of deterioration or decompensation in work or work-like settings at the marked level. (R. at 273.) Dr. Shrader's reports of his treatment of Woods, however, mention none of these symptoms other than depression and anxiety with a tremor.
On March 1, 2013, Dr. Shrader completed a Lumbar Spine Medical Source Statement indicating that Woods was diagnosed with severe lumbosacral back pain, fibromyalgia, anxiety and depression. (R. at 286-90.) He indicated that Woods's impairments lasted, or was expected to last, at least 12 months. (R. at 286.) According to Dr. Shrader, the only clinical findings, laboratory or test results that showed Woods's medical impairments were "tenderness" in his back, neck and shoulders. (R. at 286.) Dr. Shrader noted that Woods suffered from low back pain that radiated into his buttocks and neck pain of a seven to eight on a 10-point scale. (R. at 286.) Nonetheless, Dr. Shrader noted that Woods had no positive objective signs and no reduced range of motion. (R. at 286.) Examination showed sensory loss, tenderness in the low back and muscle spasm. (R. at 287.) Dr. Shrader noted that Woods's symptoms of anxiety and depression contributed to the severity of his functional limitations. (R. at 287.) He opined that Woods could walk two city blocks without interruption. (R. at 287.) Dr. Shrader opined that Woods could sit and/or stand for less than two hours in an eight-hour workday and that he could do so for up to 15 minutes without interruption. (R. at 287-88.) He found that Woods would require a job that would allow him to shift positions at will. (R. at 288.) He found that Woods would need to walk every 15 minutes for up to five minutes at a time and that he would need to take unscheduled breaks during the workday. (R. at 288.) Dr. Shrader opined that Woods could occasionally lift and carry items weighing up to 10 pounds and never twist, stoop, crouch or climb ladders or stairs. (R. at 289.) He found that Woods would be off task 10 percent of the workday due to his impairments. (R. at 289.) He noted that Woods was incapable of even "low stress" work and that he would be absent from work more than four days a month. (R. at 289-90.)
On September 1, 2011, Dr. Gary Craft, M.D., examined Woods at the request of Disability Determination Services. (R. at 261-65.) Dr. Craft reported that Woods was fully ambulatory, free of any acute distress and was not using an assistive device. (R. at 262.) Examination of Woods's neck showed a 10-degree loss of range of motion in all directions. (R. at 262.) His upper extremities revealed a full range of motion of all joints without deformity, heat, redness or swelling. (R. at 262.) Fine and gross manipulation were intact. (R. at 262.) Woods had excellent motor power and grip strength in each arm and was free of any joint abnormalities. (R. at 262-63.) Examination of Woods's back did not reveal any deformities, muscle spasms or abnormal curvature. (R. at 263.) All joints of each lower extremity had a full range of motion and were free of any deformity, heat, redness and swelling. (R. at 263.) Straight leg raising test was negative at 90 degrees bilaterally. (R. at 263.) Woods was well-oriented, related well to other people, and his gross mental status was intact. (R. at 264.) He had a normal affect, memory, thought content and general fund of knowledge. (R. at 264.) Dr. Craft opined that Woods could occasionally lift and carry items weighing 20 pounds and frequently lift and carry items weighing 10 pounds. (R. at 264.) He found that Woods's abilities to sit, stand and walk were unaffected. (R. at 264.) Dr. Craft opined that Woods would have minimal manipulative and postural limitations, and he had no environmental or workplace limitations. (R. at 264.)
On September 15, 2011, Dr. Brian Strain, M.D., a state agency physician, opined that Woods had the residual functional capacity to perform medium work. (R. at 60-61.) He found that Woods had no postural, manipulative, visual, communicative or environmental limitations. (R. at 60-61.)
On September 19, 2011, Dr. Andrew Bockner, M.D., a state agency physician, competed a Psychiatric Review Technique form, ("PRTF"), indicating that Woods suffered from an affective disorder and an anxiety-related disorder. (R. at 58-59.) He found that Woods had no limitations on his ability to perform his activities of daily living. (R. at 58.) Dr. Bockner reported that Woods had mild difficulties in his ability to maintain social functioning and to maintain concentration, persistence or pace. (R. at 58.) He opined that Woods had not experienced any repeated episodes of decompensation of extended duration. (R. at 58.)
On February 10, 2012, Julie Jennings, Ph.D., a state agency psychologist, completed a PRTF, indicating that Woods suffered from an affective disorder and an anxiety-related disorder. (R. at 68-69.) She found that Woods had no limitations on his ability to perform his activities of daily living. (R. at 68.) Jennings reported that Woods had mild difficulties in his ability to maintain social functioning and to maintain concentration, persistence or pace. (R. at 68.) She opined that Woods had not experienced any repeated episodes of decompensation of extended duration. (R. at 69.)
On February 14, 2012, Dr. Bert Spetzler, M.D., a state agency physician, opined that Woods had the residual functional capacity to perform medium work. (R. at 70-71.) He found that Woods had no postural, manipulative, visual, communicative or environmental limitations. (R. at 71.)
On February 17, 2012, Dr. Nasreen R. Dar, M.D., a psychiatrist, saw Woods for his complaints of nervousness, difficulty concentrating and difficulty dealing with stress. (R. at 282-84.) He had depressed and anxious mood with an anxious affect. (R. at 283.) Woods's thought content was goal-directed, and he denied suicidal or homicidal ideation. (R. at 283.) Dr. Dar diagnosed generalized anxiety disorder and dysthymic disorder. (R. at 284.) Woods's then-current Global Assessment of Functioning, ("GAF"),
The Commissioner uses a five-step process in evaluating DIB claims. See 20 C.F.R. § 404.1520 (2014); see also Heckler v. Campbell, 461 U.S. 458, 460-62 (1983); Hall v. Harris, 658 F.2d 260, 264-65 (4
As stated above, the court's function in this case is limited to determining whether substantial evidence exists in the record to support the ALJ's findings. The court must not weigh the evidence, as this court lacks authority to substitute its judgment for that of the Commissioner, provided her decision is supported by substantial evidence. See Hays, 907 F.2d at 1456. In determining whether substantial evidence supports the Commissioner's decision, the court also must consider whether the ALJ analyzed all of the relevant evidence and whether the ALJ sufficiently explained his findings and his rationale in crediting evidence. See Sterling Smokeless Coal Co. v. Akers, 131 F.3d 438, 439-40 (4
Thus, it is the ALJ's responsibility to weigh the evidence, including the medical evidence, in order to resolve any conflicts which might appear therein. See Hays, 907 F.2d at 1456; Taylor v. Weinberger, 528 F.2d 1153, 1156 (4
Woods argues that the ALJ failed to give greater weight to the opinions of his treating physician, Dr. Shrader, and his treating psychiatrist, Dr. Dar. (Plaintiff's Social Security Reply Brief, ("Plaintiff's Brief"), at 4-7.) I find that the ALJ did not err by failing to give full consideration to Dr. Shrader and Dr. Dar's opinions. The ALJ must consider objective medical facts and the opinions and diagnoses of both treating and examining medical professionals, which constitute a major part of the proof in disability cases. See McLain, 715 F.2d at 869. The ALJ must generally give more weight to the opinion of a treating physician because that physician is often most able to provide "a detailed, longitudinal picture" of a claimant's alleged disability. 20 C.F.R. § 416.927(c)(2) (2015).
The ALJ noted that he was not giving Dr. Shraders's opinions significant weight because they were not supported by his treatment notes, Woods's reported activities of daily living and the substantial evidence of record. (R. at 21.) The ALJ also noted that Woods's treatment history with Dr. Dar was "quite brief" as Woods saw Dr. Dar twice following his initial evaluation. (R. at 22.) The ALJ also noted that Dr. Dar's opinion was not supported by the substantial evidence of record. (R. at 22.)
The ALJ noted that Dr. Shrader's opinions deserved little weight because they conflicted with the other evidence of record, including his own office notes. (R. at 21.) I agree. A review of Dr. Shrader's records indicate that Woods's malaise and fatigue, GERD and depression had improved with medication and that his back pain was stable. (R. at 251-52, 275-76.) On July 6, 2012, Woods reported that his symptoms of depression, anxiety and fibromyalgia were "doing fairly well" with medication. (R. at 276.) "If a symptom can be reasonably controlled by medication or treatment, it is not disabling." Gross v. Heckler, 785 F.2d 1163, 1166 (4
The ALJ also found that Dr. Dar's opinion was not consistent with the evidence of record. (R. at 22.) As noted by the ALJ, Woods saw Dr. Dar on only two occasions after her March 16, 2012, opinion that he was not able to handle gainful employment. (R. at 285.) The ALJ noted that Woods failed to keep or cancel his June 2012 appointment, which suggested that his "symptoms may not have been as serious as ha[d] been alleged." (R. at 20, 285.) As noted by the ALJ, although Woods testified that he stopped seeing Dr. Dar because of lack of finances, he continued to "afford the cost of cigarettes." (R. at 20, 43-45.) Furthermore, at Dr. Dar's last examination of Woods on May 11, 2012, she found him to be neatly and casually dressed, able to relate and "[d]oing fair emotionally." (R. at 22, 285.)
The ALJ gave significant weight to the opinion of Dr. Craft because it was consistent with the substantial evidence of record. (R. at 22.) Dr. Craft found that Woods's upper extremities revealed a full range of motion of all joints without deformity, heat, redness or swelling. (R. at 262.) Fine and gross manipulation were intact. (R. at 262.) Woods had excellent motor power and grip strength in each arm and was free of any joint abnormalities. (R. at 262-63.) Examination of Woods's back did not reveal any deformities, muscle spasms or abnormal curvature. (R. at 263.) All joints of each lower extremity had a full range of motion and were free of any deformity, heat, redness and swelling. (R. at 263.) Woods was well-oriented, related well to other people, and his gross mental status was intact. (R. at 264.) He had a normal affect, memory, thought content and general fund of knowledge. (R. at 264.) Dr. Craft opined that Woods could occasionally lift and carry items weighing 20 pounds and frequently lift and carry items weighing 10 pounds. (R. at 264.) He found that Woods's abilities to sit, stand and walk were unaffected. (R. at 264.) Dr. Craft opined that Woods would have minimal manipulative and postural limitations, and he had no environmental or workplace limitations. (R. at 264.)
For all of the reasons stated herein, I find that substantial evidence supports the ALJ's weighing of the medical evidence. I also find that substantial evidence exists to support the ALJ's finding as to Woods's residual functional capacity and his finding that Woods was not disabled. Woods's request for oral argument is denied based on my finding that the briefs having adequately addressed the issues. An appropriate order and judgment will be entered.