THOMAS D. SCHROEDER, District Judge.
Plaintiff Noelle Ballard brought this action pursuant to Section 205(g) of the Social Security Act ("SSA"), 42 U.S.C. § 405(g), to obtain judicial review of a final decision of the Commissioner of Social Security denying her claims for disability insurance benefits ("DIB") and supplemental security income ("SSI"). The parties have filed cross motions for judgment on the pleadings. (Docs. 8, 10.) For the reasons set forth below, Ms. Ballard's motion will be denied, the Commissioner's motion will be granted, and the case will be dismissed.
Ms. Ballard filed concurrent applications for DIB on May 25, 2010, and SSI on May 27, 2010, alleging disability as of February 15, 2010.
Ms. Ballard filed her complaint with this court on February 6, 2014, seeking review of the Commissioner's decision. (Doc. 1) Ms. Ballard filed a motion for judgment on the pleadings (Doc. 8), to which the Commissioner has not responded. The Commissioner, however, filed a motion for judgment on the pleadings (Doc. 10), with no response from Ms. Ballard. The time for further briefing on the cross motions has expired, and the motions are now ripe for decision.
Federal law "authorizes judicial review of the Social Security Commissioner's denial of social security benefits." Hines v. Barnhart, 453 F.3d 559, 561 (4th Cir. 2006). However, "the scope of ... review of [such an administrative] decision ... is extremely limited." Frady v. Harris, 646 F.2d 143, 144 (4th Cir.1981). "The courts are not to try the case de novo." Oppenheim v. Finch, 495 F.2d 396, 397 (4th Cir.1974). Rather, "[w]hen examining an
"Substantial evidence is `such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.'" Craig v. Chater, 76 F.3d 585, 589 (4th Cir.1996) (quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)). "[I]t consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance." Id. (quoting Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir.1966)). "In reviewing for substantial evidence, the court should not undertake to reweigh conflicting evidence, make credibility determinations, or substitute its judgment for that of the [ALJ]." Mastro v. Apfel, 270 F.3d 171, 176 (4th Cir.2001) (quoting Craig, 76 F.3d at 589) (internal brackets omitted). "It is not [the court's] place either to reweigh the evidence or to substitute [its] judgment for that of the [ALJ] if that decision was supported by substantial evidence." Hunter v. Sullivan, 993 F.2d 31, 34 (4th Cir.1992). "Where conflicting evidence allows reasonable minds to differ as to whether a claimant is disabled, the responsibility for that decision falls on the ALJ." Johnson v. Barnhart, 434 F.3d 650, 653 (4th Cir.2005) (quoting Craig, 76 F.3d at 589) (internal brackets omitted). Thus, the issue before this court "is not whether [the claimant] is disabled, but whether the ALJ's finding that [the claimant] is not disabled is supported by substantial evidence and was reached based upon a correct application of the relevant law." Craig, 76 F.3d at 589.
In administrative proceedings, the claimant "of course, bears the burden of proving that [s]he is disabled within the meaning of the Social Security Act." English v. Shalala, 10 F.3d 1080, 1082 (4th Cir.1993). The SSA defines "disability" as the "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." Id. (quoting 42 U.S.C. § 423(d)(1)(A)).
"The Commissioner uses a five-step process to evaluate disability claims." Hancock v. Astrue, 667 F.3d 470, 472 (4th Cir.2012) (citing 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4)). That five-step process sequentially examines whether the claimant "(1) worked during the alleged period of disability; (2) had a severe impairment; (3) had an impairment that met or equaled the requirements of a listed impairment; (4) could return to her past relevant work; and (5) if not, could perform any other work in the national economy." Id. The claimant bears the burden as to the first four steps, but the Commissioner bears the burden as to the fifth step. Id. at 472-73.
If a claimant carries her burden at each of the first two steps and also meets her burden of establishing an impairment that meets or equals an impairment listed in the regulations at step three, the claimant is disabled, and there is no need to proceed to steps four or five. See Mastro, 270 F.3d at 177. Alternatively, and as was the case here, if a claimant clears steps one and two, but falters at step three, i.e., "[i]f a claimant's impairment is not sufficiently severe to equal or exceed a listed impairment," then the analysis continues and the ALJ must assess the claimant's
In her August 24, 2012 decision, the ALJ concluded that Ms. Ballard had reached and satisfied step four but that the Commissioner had satisfied her burden as to step five by producing "jobs that exist in significant numbers in the national economy" that Ms. Ballard could perform given her RFC. (Tr. at 42-52.) In her brief before this court, Ms. Ballard challenges two aspects of the ALJ's decision. First, she argues the ALJ improperly weighed the medical evidence, specifically the opinion of her psychiatrist, Dr. Olin Fox. (Doc. 9 at 2-12.) Second, Ms. Ballard asks this court to review the ALJ's evaluation of her credibility, arguing that the ALJ's analysis "was insufficient." (Id. at 12-18.) Both challenges will be addressed in turn.
Ms. Ballard first argues that the ALJ improperly weighed the medical opinions of her psychiatrist, Dr. Fox. According to Ms. Ballard, the ALJ should have accorded Dr. Fox's medical opinions controlling weight. (Id. at 2-12.) Alternatively, Ms. Ballard contends that, if not accorded controlling weight, Dr. Fox's opinions should have been afforded greater weight than the ALJ provided. (Id.)
Under the SSA's regulations, "a treating physician's opinion on the nature and severity of the claimed impairment is entitled to controlling weight if it is well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in the record." Mastro, 270 F.3d at 178 (citing 20 C.F.R. § 416.927). "By negative implication, if a physician's opinion is not supported by clinical evidence or if it is inconsistent with other substantial evidence, it should be accorded significantly less weight." Craig, 76 F.3d at 590.
Here, the ALJ determined that Dr. Fox's medical opinions should be given less weight than other contrary evidence. (Tr. at 49.) The ALJ noted that Dr. Fox's opinions were inconsistent with the underlying record and thus not accorded controlling weight. (Id.) Thus, the ALJ concluded that the doctor's opinions should not be given great weight. (Id.) Substantial evidence supports the ALJ's conclusion to afford Dr. Fox's medical opinion less weight.
As the ALJ observed, the limitations Dr. Fox assigned to Ms. Ballard exceeded those documented in his records. For one, although Dr. Fox diagnosed Ms. Ballard with post-traumatic stress disorder (PTSD) (id. at 832), the ALJ accurately noted Dr. Fox's treatment notes lacked any mention of PTSD (id. at 49). Ms. Ballard provides no citation contradicting the ALJ's conclusion. In fact, reinforcing the ALJ's conclusion that Dr. Fox's treatment notes contained no mention of PTSD, Ms. Ballard points to only two pages of the record to contradict the ALJ's decision, and both of her citations are of other doctors' treatment notes — not Dr. Fox's. (Doc. 9 at 9.) This notable lack of evidence only further supports the ALJ's conclusion.
Second, although the ALJ credited Dr. Fox's diagnosis of bipolar disorder and depression, the ALJ discounted his medical opinions for "endors[ing] limitations... in excess of those documented in his records and reflect[ing] [Ms. Ballard's] self-reporting." (Tr. at 49.) As the ALJ observed, Dr. Fox's treatment notes showed that Ms. Ballard's conditions mainly related to "situational stress" caused by problems within her family, suggesting the absence of a disabling mental condition. (Id. at 840; see, e.g., id. at 770, 844, 846, 871, 879, 893); see also Cagle v. Colvin, No. 2:12-CV-1906, 2013 WL 4049664, at *2 (E.D.Cal. Aug. 9, 2013) (noting that claimant's anxiety appeared to be "situational, centering upon family problems, and not related to clinical anxiety"); Standhardt v. Astrue, No. 10-3535-CV-S-JCE-SSA, 2012 WL 997136, at *8 (W.D.Mo. Mar. 23, 2012) ("While plaintiff apparently had family problems that caused her stress, anxiety, and difficulty getting along, there is nothing in the medical records as a whole to suggest that she suffered from a totally
Finally, Dr. Fox's endorsed limitations conflicted with his global assessment of functioning ("GAF") scores assigned Ms. Ballard, which largely indicated less severe symptoms connected to, and less difficulty with, social interaction.
Ms. Ballard further attacks the ALJ's conclusion to discount Dr. Fox's opinions by arguing that the ALJ "relied heavily on the opinions from the non-treating, non-examining state agency psychologists" in contradiction of Fourth Circuit law. (Doc. 9 at 9-10.) This argument is meritless. The Fourth Circuit has held that exclusive reliance on state psychologists' testimony without explanations as to why those opinions merit weight does not constitute substantial evidence. See Radford v. Colvin, 734 F.3d 288, 295-96 (4th Cir.2013). Here, the ALJ explicitly states that she granted the state psychologists' opinions only "partial weight" as to their physical assessments and "great weight" as to their mental assessments of Ms. Ballard. (Tr. at 48-49.) The ALJ's opinion gives no indication that she relied exclusively on those opinions for her conclusion regarding Dr. Fox. Moreover, the ALJ explained that the reason she gave those opinions weight was the consistency between the state psychologists' opinions and Ms. Ballard's treatment notes and hospitalization records. (Id. at 49 (citing id. at 93-109, 129-44).) The ALJ, therefore, only partially relied on the state psychologists' opinions and provided reasons for the weight afforded them.
Ms. Ballard finally protests that, in her view, the ALJ rejected Dr. Fox's opinions on the grounds that the determination of disability is "reserved to the Commissioner." (Doc. 9 at 10 (quoting Tr. at 49).) This is a misreading of the ALJ's decision. The ALJ only rejected Dr. Fox's medical opinion to the extent the doctor concluded
Ms. Ballard's second challenge criticizes the ALJ's evaluation of her subjective complaints of pain. In accordance with SSA regulations, the Fourth Circuit evaluates a claimant's subjective complaints of pain through a two-step process. First, the claimant must make "a showing by objective evidence of the existence of a medical impairment which could reasonably be expected to produce the actual pain, the amount and degree, alleged by the claimant." Craig, 76 F.3d at 594 (internal quotation marks omitted). "At this stage of the inquiry, the pain claimed is not directly at issue; the focus is instead on establishing a determinable underlying impairment ... which could reasonably be expected to be the cause of the disabling pain asserted by the claimant." Id.
Second, if the claimant meets that initial threshold, the ALJ must then evaluate "the intensity and persistence of the claimant's pain, and the extent to which it affects her ability to work." Id. at 595. The ALJ's determination at this second step must take into account all "available evidence," including the claimant's medical history, medical signs, laboratory findings, any objective medical evidence of pain, the claimant's daily activities, specific descriptions of the pain, and medical treatment received or taken to alleviate the pain. Id. Importantly, the absence of corroborating objective evidence of pain may not serve as the sole basis for dismissal, but that evidence is nonetheless "crucial" to evaluating a claimant's subjective claims of pain. Id. Finally, while "a claimant's allegations about her pain may not be discredited solely because they are not substantiated by objective evidence of the pain itself or its severity, they need not be accepted to the extent they are inconsistent with the available evidence." Id.
In evaluating the credibility of a claimant's subjective complaints, an ALJ
Here, Ms. Ballard complained of depression, panic attacks, lower back, knee, and neck pain, headaches, and muscle spasms. (Tr. at 69, 70-76.) She further testified that the physical pain was "constant." (Id. at 71-73.) The ALJ found that Ms. Ballard's testimony regarding the severity, persistence, and limiting effects of her symptoms lacked credibility. Importantly, the ALJ did not find that Ms. Ballard's subjective assertions of pain entirely lacked credibility; rather, she concluded only that Ms. Ballard's testimony concerning the severity, persistence, and limiting effects of her symptoms lacked credibility "to the extent that [it was] inconsistent with the ... residual functional capacity assessment." (Id. at 47.) In support of her conclusion, the ALJ noted that Ms. Ballard's allegations were not consistent with medical records indicating medical improvement, a third-party report from a friend reflecting "greater functioning" than Ms. Ballard admitted, and other medical evidence in the record. (Id. at 50.) Ms. Ballard contends that the ALJ's determination was "conclusory" and lacked sufficient analysis. (Doc. 9 at 15-18.) Substantial evidence, however, supports the ALJ's adverse credibility determination in this case.
In support of her contention that the ALJ's analysis was insufficient, Ms. Ballard first argues that the ALJ "fail[ed] to cite to any specific evidence that Ms. Ballard significantly improved with treatment" to demonstrate inconsistency with the available evidence. (Id. at 15.) This argument is simply untrue. Despite Ms. Ballard's complaints of persistent physical pain, the ALJ accurately observed that Ms. Ballard had responded relatively well to medication and treatment. See Gross v. Heckler, 785 F.2d 1163, 1166 (4th Cir.1986) (per curiam) ("If a symptom can be reasonably controlled by medication or treatment, it is not disabling."). The ALJ specifically noted that Ms. Ballard's therapy records indicated improvement in her condition "with a corresponding decrease in pain" within less than a month of treatment, which was inconsistent with Ms. Ballard's allegations regarding the severity and persistence of her musculoskeletal pain in her back, neck, and knee. (Tr. at 48; see also id. at 998 ("Pain has decreased."); id. at 999 ("P[atien]t has shown improvement with both pain and balance."); id. at 1013 ("I haven't needed any pain medication the last few days.").) Ms. Ballard offers no argument as to how the physical improvement noted by the ALJ is consistent with her allegations of constant, unimproved physical pain. (Doc. 9 at 15-16.)
Moreover, despite Ms. Ballard's complaints of migraine headaches, the ALJ accurately noted that the medical evidence revealed little evidence of debilitating headaches. (Tr. at 43 (observing that medical record revealed "minimal, if any," treatment for headaches).) Substantial evidence thus existed to support the ALJ's conclusion that Ms. Ballard's subjective complaints of pain were not credible.
Second, Ms. Ballard contends that the ALJ's reliance on her ability to perform
Moreover, the ALJ noted record evidence of Ms. Ballard's daily activities that was inconsistent with her statements about her mental and physical impairments. See Wilkerson v. Colvin, No. CIV. TMD 13-1723, 2014 WL 1954917, at *7 (D.Md. May 14, 2014) ("A claimant's daily living activities can provide substantial evidence to discount the claimant's credibility."). Citing a third-party function report, the ALJ considered that Ms. Ballard's long-time friend observed Ms. Ballard performing a "wide range of daily activities." (Tr. at 50.) The friend's report noted that Ms. Ballard's daily functionality included watching television, cooking complete meals, doing laundry, shopping, paying bills, handling savings and checking accounts, and spending time on the computer. (Id.; see also id. at 265, 267-69.) The report further stated that Ms. Ballard drives twice a week, texts on her cell phone, and chats with friends on Facebook or Myspace "almost every day." (Id. at 268-69; see also id. at 50.) According to her friend, Ms. Ballard performs many of those activities "well." (Id. at 269.) Contrary to Ms. Ballard's contention, substantial evidence again supported the Commissioner's conclusion that Ms. Ballard's subjective complaints of pain were not fully credible. See Johnson, 434 F.3d at 658 (finding that a claimant's daily activities, such as watching television, cleaning the house, doing laundry, cooking, and managing her household finances were inconsistent with claimant's complaints of pain); Gross, 785 F.2d at 1166 (upholding a finding of no disability where claimant managed his household, grocery shopped, cooked, and washed dishes); Rahe v. Astrue, 840 F.Supp.2d 1119, 1136 (N.D.Iowa 2011) (finding that substantial evidence of claimant's reported activities supported adverse credibility determination of ALJ, who found that claimant had "reported activities of daily living including preparing meals, completing household chores, laundry, and shopping, activities which are not limited to the extent one would expect, given the complaints of disabling symptoms and limitations"). In sum, substantial evidence — inconsistent with Ms. Ballard's subjective complaints of pain — supports the ALJ's finding as to Ms. Ballard's credibility.
For the reasons stated,
IT IS THEREFORE ORDERED that Ms. Ballard's motion for judgment on the pleadings (Doc. 8) be DENIED, that the Commissioner's motion for judgment on the pleadings (Doc. 10) be GRANTED, and that this action be DISMISSED WITH PREJUDICE.