SHARON L. GLEASON, District Judge.
On November 8, 2011, Wanda Lea Morris filed applications for Disability Insurance Benefits ("disability insurance") and Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act ("the Act") respectively,
On February 10, 2017, Ms. Morris filed a document titled "In response to the `Amended Social Security Scheduling Order' received."
A decision by the Commissioner to deny disability benefits will not be overturned unless it is either not supported by substantial evidence or is based upon legal error.
The Act provides for the payment of disability insurance to individuals who have contributed to the Social Security program and who suffer from a physical or mental disability.
The Act further provides:
The Commissioner has established a five-step process for determining disability within the meaning of the Act.
Before proceeding to step four, a claimant's residual functional capacity ("RFC") is assessed. Once determined, the RFC is used at both step four and step five. An RFC assessment is a determination of what a claimant is able to do on a sustained basis despite the limitations from her impairments, including impairments that are not severe.
Based on the foregoing, the ALJ concluded that Ms. Morris was not disabled from August 27, 2010 to July 18, 2015.
Ms. Morris was born in 1961; she is currently 56 years old. She last worked as a personal care assistant for Access Alaska in August of 2008.
Ms. Morris filed a prior application for disability benefits on January 27, 2009, alleging disability beginning on April 14, 2008.
Ms. Morris initiated the current application for disability benefits on November 11, 2011.
On remand to the agency, the ALJ held a video hearing on May 4, 2015.
The ALJ issued her decision on July 15, 2015. The ALJ found that res judicata applied to preclude a disability finding from April 14, 2008 to August 26, 2010.
On January 31, 2016, the Appeals Council declined to assume jurisdiction after remand.
Ms. Morris has been diagnosed with a number of medical impairments, including diabetes mellitus (type II), hypertension, heart problems (status-post stenting), dyslipidemia, chronic obstructive pulmonary disease ("COPD"), degenerative joint disease in her left hip, degenerative spondylosis and AC (acromioclavicular) joint osteoarthritis, mild basilar atelectasis, gait imbalance, exogenous obesity, and chronic depression.
In 2007, Ms. Morris suffered a heart attack. She testified at the May 4, 2015 hearing that she has had a total of nine stents, all prior to 2008.
The Medical Record
A summary of the medical records in the Court's file is as follows:
On October 5, 2010, Ms. Morris saw Moazzem Khan, M.D., at the Interior Community Health Center ("ICHC").
Ms. Morris's next visit to ICHC was on November 16, 2010. Ms. Morris's blood sugars were noted to be ranging from 145 to 382, but she denied any diabetic symptoms. Her obesity and diabetes were both noted to have deteriorated, but the degenerative joint disease was no longer noted.
At Ms. Morris's next visit to ICHC on December 28, 2010, she reported blood sugars with most values under 160. Her hypertension was assessed as improved. The record for that date noted that Ms. Morris had had stents, but "as comment only" as the doctor did not treat her for heart problems at the visit.
On January 5, 2011 and March 16, 2011, Dr. Khan again saw Ms. Morris for diabetes management. He discussed the need for complete cessation of cigarette smoking and noted she was at risk of uncontrolled diabetes. At each of these visits, Ms. Morris's medications were adjusted and her cardiovascular, respiratory, skin, neurological, and endocrine systems, as well as her mental status, were all assessed as normal; with "no depression, anxiety, or agitation." Her hypertension was assessed as improved and her diabetes as unchanged.
On April 26, 2011, Ms. Morris received a chest x-ray at Fairbanks Medical Hospital. The x-rays revealed degenerative spondylosis and AC (acromioclavicular) joint osteoarthritis, as well as "low lung volumes with mild basilar atelectasis."
Ms. Morris returned to Dr. Khan on May 4, 2011 for ear pain and diabetes medication management, and again on June 1, 2011 for medication management.
On September 13, 2011, Ms. Morris saw Dr. Khan seeking a refill of her pain medication. Dr. Khan assessed Ms. Morris for degenerative joint disease of the left hip and gait imbalance, but noted that Ms. Morris "claims that her current pain pill, Vicodin, can keep her [left] hip pain under reasonable control and wants her refill." He noted "marked deep tenderness" at Ms. Morris's left hip.
At an office visit to ICHC on November 22, 2011, Ms. Morris's diabetes was assessed as "deteriorated." Ms. Morris said she could not control her diabetes. She added she could "not get much activity due to chronic pain."
On December 27, 2011, Kimberly Douglas, M.D., another doctor at ICHC, noted that Ms. Morris's diabetes had improved, but added that Ms. Morris reported she was depressed about her financial status. The doctor assessed Ms. Morris with chronic depression, but added that she "decline[d] counseling services" and a "$4 antidepressant."
Ms. Morris returned to the health center on January 26, 2012 seeking a refill for her pain medication. She admitted dietary noncompliance and complained of episodes of nocturia and polyuria. She denied any problems with her mood and was no longer assessed as chronically depressed.
On March 28, 2012, Dr. Khan saw Ms. Morris for diabetes management. Ms. Morris denied any problem with her mood except she reported "anxiety for her financial hardship."
At a visit to Dr. Khan on April 26, 2012, Ms. Morris reported that she could not afford to fill all of her medication prescriptions. She maintained that her pain medication, Vicodin, was also keeping her blood pressure under control.
Ms. Morris saw Dr. Khan again on May 8, 2012. Her blood sugar levels were lower; the doctor noted they were "much better than before." No mental health issues were noted.
On June 26, 2012, Ms. Morris returned to Dr. Khan. She again denied any problem with her mood. As with nearly every visit, she was encouraged to quit smoking, lose weight, watch her diet, and get regular exercise.
On August 3, 2012, Ms. Morris reported blood sugar levels mostly below 150. She was noted as limping from left hip pain.
On September 4, 2012, Ms. Morris's diabetes continued to be better controlled, with blood sugar levels reported to be mostly under 140. She again stated that Vicodin also kept her blood pressure under control and wanted a refill.
On October 1, 2012, Ms. Morris returned to Dr. Khan and her diabetes remained improved. Degenerative joint disease of the left hip was noted, but assessed as improved.
Ms. Morris's next office visit was on January 10, 2013. She reported she was compliant with her medications, diet and activities. She was observed limping from left hip pain.
At the next office visit on March 25, 2013, Ms. Morris again reported left hip pain and sought a Vicodin refill.
The first assessment of Chronic Obstructive Pulmonary Disease (mild) ("COPD") was at Ms. Morris's visit on May 7, 2013. She was prescribed Albuterol Sulfate.
At visits on June 11, 2013, July 16, 2013, and August 20, 2013, Ms. Morris reported being compliant with her medications, diet and activities. Her hypertension was reported as under control.
On September 10, 2013, Dr. Khan noted Ms. Morris complained of "mild burning feet" and sought an increase in her pain medication. The doctor added a new assessment of polyneuropathy associated with diabetes and prescribed medication for that condition.
At an October 22, 2013 office visit, Ms. Morris reported that the Vicodin kept her left hip pain under reasonable control and sought a refill. Ms. Morris was asked whether she had felt down, depressed or hopeless at any point in the previous two weeks and she responded "not at all."
On December 23, 2013, Ms. Morris again reported no signs of depression. COPD was not assessed at that visit.
On February 25, 2014, Ms. Morris had another depression screening. On that day, she indicated that she had felt "down, depressed or hopeless" "[n]early every day" for the past two weeks. In the same screening, she also answered that "nearly every day" of the past two weeks she had "little interest or pleasure in doing things." However, the doctor did not prescribe medication for depression or recommend counseling. Ms. Morris's blood sugar level was very high at 422.
Less than one month later, at a March 19, 2014 office visit, Ms. Morris had another depression screening. On that date, she responded "not at all" when asked whether she had felt down, depressed or hopeless over the past two weeks.
On April 15, 2014, Dr. Khan noted that Ms. Morris's diabetes was significantly out of control and she had episodes of nocturia and polyuria, but denied any skin lesions. Her hemoglobin test was elevated at 14.0. At this same visit, Ms. Morris reported no symptoms of depression. She was assessed for COPD. Her left hip pain was assessed as improved.
At a doctor's visit on July 1, 2014, Ms. Morris was asked whether she was "currently having any pain which . . . affects your activity level?" She responded, "No." At the same visit in an anxiety screening, she was asked whether she was "feeling nervous, anxious, or on edge" or "[u]nable to stop or control worrying" during the preceding two weeks. She responded, "Not at all" to both questions. Ms. Morris's diabetes was improved, with most of her blood sugar levels reported below 120. Her weight was lower than in prior visits, at 258 pounds. No assessment is listed for degenerative joint disease, although limping from left hip pain is noted. There is no assessment for COPD.
On August 13, 2014, Ms. Morris's diabetes was reported as well controlled. She was not having pain which affected her activity level, but the record notes limping from left hip pain. She declined a depression and anxiety screening.
On October 10, 2014, Ms. Morris reported no anxiety or depression symptoms over the prior two weeks and her diabetes had improved. She was again encouraged to exercise regularly and lose weight.
On January 2, 2015, Ms. Morris's chief complaint was diabetes and medication refills. She was again screened for depression and reported no depressive symptoms at that visit.
On April 6, 2015, in a record provided to the ALJ after the May 4, 2015 hearing, Ms. Morris reported feeling down, depressed or hopeless "[n]early every day" of the preceding two weeks. Dr. Khan diagnosed Ms. Morris with chronic depression as a result of her responses to screening questions. On a self-administered patient health questionnaire for depression, she had a significantly elevated score with a severity rating of "[s]evere" and a functional impairment of "[e]xtremely [d]ifficult." Ms. Morris did not identify any factor causing her depression except "her ongoing financial stress." She was advised to make an appointment with a behavior health psychologist. The record also noted that Ms. Morris "states she absolutely DOES NOT want to see the Psychologist at all."
At the May 2015 hearing, Ms. Morris testified that she has severe social anxiety, "really bad balance," knee pain, back pain and "constant" hip pain. She stated that "[p]eople scare me. It takes me quite a while to get to know somebody to where I can trust them to be there." She also testified that she had heart "flutters and pains that go across," but that she had not received any treatment for heart problems after stents were put in. She reported that she could lift "ten to 15 pounds at the most" and that she could not "do it repetitively." Ms. Morris testified that her brother "calls me or texts me every day to remind me to take my medicine" and that she has reminder notes on her wall "to remind me to check my blood in the mornings and to take my insulin before I go to bed." She reported problems with sleeping and bathing due to pain. However, Ms. Morris also testified that she could drive, wash dishes, clean her apartment, take out the garbage, watch television, shop for groceries with assistance, and cook. She can read and write in English, add, subtract, and make change. At the hearing she reported that she had never seen a counselor for anxiety or depression, nor had she ever used anti-depressive or anti-anxiety medications.
On February 2, 2012, Wandal Winn, M.D., a state agency consultant, reviewed Ms. Morris's medical records and provided a mental residual functional capacity assessment. Dr. Winn reported that Ms. Morris's "ability to maintain socially appropriate behavior and to adhere to basic standards of neatness and cleanliness" was "[m]oderately limited." As explanation, he wrote that "[Ms. Morris] should be limited to superficial general public contact because of her personality disorder" and that she "was fired for stealing money" at her cashier-checker job. He also noted that "she did not appear to have problems with customers."
Ms. Morris is self-represented. She did not file a formal opening brief, but submitted a list asserting that she: (1) "suffer[s] from social anxieties, and balance issues," (2) is "not able to lift over 10 pounds," (3) is "in constant pain," and (4) "cannot go shopping or to the doctor without someone [she] know[s] and trust[s] with [her]."
This Court liberally construes Ms. Morris's brief and affords her "the benefit of any doubt."
Ms. Morris maintains that she "suffer[s] from debilitating social anxieties." She testified to the ALJ that she has "severe social anxieties." The ALJ found that Ms. Morris's allegations regarding the severity of her anxiety impairments were "not . . . wholly credible."
An ALJ's credibility assessment has two steps.
In the second step, the ALJ evaluates the intensity and persistence of a claimant's symptoms by considering "all of the available evidence, including [the claimant's] medical history, the medical signs and laboratory findings, and statements about how [the claimant's] symptoms affect her."
Here, Ms. Morris testified she has "severe social anxieties". At the hearing on May 4, 2015, she stated "People scare me. It takes me quite a while to get to know somebody to where I can trust them to be there." She also testified that she needs assistance grocery shopping "[b]ecause [she] ha[s] society anxiety and panic attack[s]."
The ALJ's findings are consistent with the Court's review of the record. As the ALJ found, Ms. Morris denied depression and anxiety symptoms on numerous doctor visits.
Based on the foregoing, the Court finds that the ALJ provided specific, clear and convincing reasons supported by substantial evidence in the record for her determination that Ms. Morris's allegations regarding the severity of her depression and anxiety impairments were not wholly credible.
Ms. Morris asserts that she also suffers from balance issues.
At a doctor's visit on October 5, 2010, Ms. Morris was diagnosed with gait imbalance.
The ALJ's findings are consistent with the Court's review of the record. An "impairment" must "ha[ve] lasted or can be expected to last for a continuous period of not less than 12 months."
Ms. Morris asserts in her letter brief to the Court that she is "not able to lift over 10 pounds."
The ALJ found that Ms. Morris had the "residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) and 416.967(b)," with certain additional limitations."
A court should affirm an ALJ's determination of a claimant's RFC "if the ALJ applied the proper legal standard and [her] decision is supported by substantial evidence."
The ALJ's analysis of Ms. Morris's alleged impairments noted that Ms. Morris's x-rays in April of 2011 revealed osteoarthritis of the AC (acromioclavicular) joints and spondylosis of the spine.
The ALJ stated she also considered evidence regarding Ms. Morris's daily activities. Ms. Morris testified that with frequent rest breaks she is able to drive, wash dishes, watch television, clean her apartment, take out the garbage, cook, and shop for groceries.
Substantial evidence in the record as a whole supports the ALJ's determination that Ms. Morris does not have a severe impairment that would preclude her from lifting "20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds."
Ms. Morris alleges that she is "in constant pain."
At the May 2015 hearing, Ms. Morris testified regarding her hip pain: "well, I'm in constant pain but sometimes it can be really severe, sometimes not." She reported that "[i]f there's any kneeling or if I have to get down on my knees to do anything it's like kneeling on pincushions through my knees."
Based on the foregoing, the Court finds that the ALJ properly evaluated Ms. Morris's allegations of pain and provided specific, clear and convincing reasons for finding Ms. Morris's allegations as to the severity of her pain not entirely credible.
The Court, having carefully reviewed the administrative record, finds that the ALJ's determinations are free from legal error and supported by substantial evidence. Accordingly, IT IS ORDERED that Ms. Morris's request for relief at Docket 34 is DENIED and the Commissioner's final decision is AFFIRMED.
The Clerk of Court is directed to enter a final judgment accordingly.