CAROLYN B. McHUGH, Circuit Judge.
Kenneth G. Vigil appeals from the denial of his application for disability insurance and supplemental security income benefits.
Vigil filed for benefits alleging disability due to a bad left knee and ankle, anxiety, depression, and pain in his left heel and back. He requested and received a hearing before an administrative law judge ("ALJ") at which he was represented by counsel. Vigil and a vocational expert ("VE") testified.
The ALJ found that Vigil has severe impairments of degenerative changes of the lumbar spine, status post-left knee anterior cruciate ligament ("ACL") repair, obesity, major depressive disorder, and generalized anxiety disorder.
"We review the Commissioner's decision to determine whether the factual findings are supported by substantial evidence and whether the correct legal standards were applied." Mays v. Colvin, 739 F.3d 569, 571 (10th Cir.2014) (internal quotation marks omitted). "In reviewing the ALJ's decision, we neither reweigh the evidence nor substitute our judgment for that of the agency." Newbold v. Colvin, 718 F.3d 1257, 1262 (10th Cir.2013) (internal quotation marks omitted). Vigil asserts two arguments on appeal: (1) the ALJ did not have a valid reason for rejecting the standing and walking restrictions described by his consultative physician, Dr. Summerlin, and (2) the ALJ improperly accounted for his memory and concentration deficits by limiting the skill level of work.
Vigil first argues that the ALJ erred in evaluating the medical source opinion evidence from consultative examiner Dr. Summerlin when he determined Vigil's RFC. An ALJ must "give consideration to all the medical opinions in the record [and] discuss the weight he assigns
Vigil hurt his knee loading hay in 2006, but an x-ray showed intact osseous alignment, and there was no evidence of a fracture, cortical destruction, or joint effusion. Admin. R. at 213. A 2006 examination showed full range of motion in the left knee with no laxity or edema, and the only restriction on his ability to stand and walk in an eight-hour day was a requirement to take a five minute rest each hour. Vigil complained of back pain in 2006, but nerve studies of his low back and left leg were normal, and showed there was no evidence of lumber radiculopathy. Id. at 227. Vigil had surgery in May 2007 for an ACL tear in his left knee. All of the 2007 post-surgical examinations indicate that Vigil had some reduced range of motion in his knee but was improving at each visit. There are no medical records for Vigil after 2007, until he was seen by Dr. Summerlin in 2010.
Vigil saw Dr. Summerlin only once, in August 2010, shortly after he filed for benefits. Dr. Summerlin opined that "[t]he number of hours [Vigil] could be expected to stand and/or walk in an eight hour workday would be up to four hours, due to left knee osteoarthritis and lumbar radiculopathy." Id. at 326.
The ALJ gave Dr. Summerlin's opinion moderate weight. He specifically determined that Dr. Summerlin's opinion that Vigil could only stand and walk for four hours was not consistent with Dr. Summerlin's exam findings:
Admin. R. at 18.
The ALJ's finding that Dr. Summerlin's restrictions on standing and walking were inconsistent with his own examination findings is a good reason for giving that medical opinion only moderate weight. See 20 C.F.R. § 404.1527(c)(3) (stating that "[t]he more a medical source presents relevant evidence to support an opinion, particularly medical signs and laboratory findings, the more weight [the ALJ] will give that opinion [and t]he better an explanation a source provides for an opinion, the more weight [the ALJ] will give that opinion"). Further, the ALJ's assessment of Dr. Summerlin's opinion and examination results
Vigil next contends the ALJ failed to adequately account for his memory and concentration deficits in determining his RFC. The ALJ found at step three that Vigil has moderate difficulties in concentration, persistence, and pace in social functioning. The ALJ took these difficulties into account in formulating Vigil's RFC by limiting the skill level of his work to work with an SVP one or two. Vigil contends the ALJ should have included in his RFC his specific concentration, persistence and pace limitations, rather than account for those limitations by restricting his RFC to unskilled (SVP one or two) work. Again, we find no error.
At steps two and three of the sequential analysis, the ALJ determines whether the claimant has a severe impairment (step 2) and whether the impairment meets or equals an impairment listed in 20 C.F.R. Pt. 404, Subpt. P, App. 1 (step 3). Here, the ALJ found at step three of the sequential process of evaluation that Vigil had only a moderate—not marked—limitation of concentration, persistence and pace. See id., Listing 12.01, paragraph B (the "paragraph B criteria"). The social security ruling on assessing a claimant's RFC cautions that "[t]he adjudicator must remember that the limitations identified in the `paragraph B' . . . criteria are not an RFC assessment but are used to rate the severity of mental impairment(s) at steps 2 and 3 of the sequential evaluation process." SSR 96-8p, 1996 WL 374184, at *4 (July 2, 1996). The ALJ's finding of a moderate limitation in concentration, persistence, or pace at step three does not necessarily translate to a work-related functional limitation for the purposes of the RFC assessment.
At the "more detailed" step four assessment of Vigil's RFC, id., the ALJ found some evidence indicating that Vigil had some problems with concentration, persistence, and pace "such that [he] could not be expected to perform complex tasks." Admin. R. at 17 (citing findings of impaired delayed recall, inability to spell in reverse, or recall the President's name). But, the ALJ further found that "the findings of a normal ability to recall items on immediate recall, and an ability to spell words forward, as well as finding of normal thought processes, indicate[d] that Vigil retain[ed] enough memory and concentration
Thus, the ALJ accounted for Vigil's moderate concentration, persistence, and pace problems in his RFC assessment by limiting him to unskilled work. There may be cases in which an ALJ's limitation to "unskilled" work does not adequately address a claimant's mental limitations. See Chapo v. Astrue, 682 F.3d 1285, 1290 n. 3 (10th Cir.2012) (recognizing that restrictions to unskilled jobs do not in all instances account for the effects of mental impairments). But in this case, we conclude that limiting the plaintiff to an SVP of only one or two, adequately took into account his moderate limitations in concentration, persistence, and pace. See Social Security Administration Program Operations Manual System § DI 25020.010, § B(3) (available at https://secure.ssa.gov/poms.nsf/lnx/0425020010 (last visited September 18, 2015) (noting that the capacity to perform unskilled work includes ability to maintain attention for extended periods of two-hour segments but that concentration is "not critical")). Unskilled work generally requires only the following: (1) "[u]nderstanding, remembering, and carrying out simple instructions"; (2) "[m]aking judgments that are commensurate with the functions of unskilled work—i.e., simple work-related decisions"; (3) "[r]esponding appropriately to supervision, co-workers and usual work situations"; and (4) "[d]ealing with changes in a routine work setting." SSR 96-9p, 1996 WL 374185, at *9 (July 2, 1996). The evidence in the record regarding Vigil's mental status supports the ALJ's RFC determination that limiting Vigil to perform unskilled work would adequately account for his moderate limitations in concentration, persistence, and pace.
The judgment of the district court is affirmed.