WALLACE CAPEL, Jr., Magistrate Judge.
Johnnie Ray Chavers ("Plaintiff") filed applications for disability insurance benefits under Title II of the Social Security Act ("the Act"), 42 U.S.C. §§ 401, et seq, and for supplemental security income under Title XVI of the Act, 42 U.S.C. § 1381, et seq., on February 21, 2012. His applications were denied at the initial administrative level. Plaintiff then requested and received a hearing before an Administrative Law Judge ("ALJ"). Following the hearing, the ALJ issued a decision finding Plaintiff not disabled from the alleged onset date of January 17, 2011, through the date of the decision. Plaintiff appealed to the Appeals Council, which rejected his request for review of the ALJ's decision. The ALJ's decision consequently became the final decision of the Commissioner of Social Security ("Commissioner").
Under 42 U.S.C. § 423(d)(1)(A), a person is entitled to benefits when the person is unable to
42 U.S.C. § 423(d)(1)(A).
To make this determination, the Commissioner employs a five-step, sequential evaluation process. See 20 C.F.R. §§ 404.1520, 416.920 (2011).
McDaniel v. Bowen, 800 F.2d 1026, 1030 (11th Cir. 1986).
The burden of proof rests on a claimant through Step 4. See Phillips v. Barnhart, 357 F.3d 1232, 1237-39 (11th Cir. 2004). A claimant establishes a prima facie case of qualifying disability once they have carried the burden of proof from Step 1 through Step 4. At Step 5, the burden shifts to the Commissioner, who must then show there are a significant number of jobs in the national economy the claimant can perform. Id.
To perform the fourth and fifth steps, the ALJ must determine the claimant's Residual Functional Capacity ("RFC"). Id. at 1238-39. The RFC is what the claimant is still able to do despite the claimant's impairments and is based on all relevant medical and other evidence. Id. It may contain both exertional and nonexertional limitations. Id. at 1242-43. At the fifth step, the ALJ considers the claimant's RFC, age, education, and work experience to determine if there are jobs available in the national economy the claimant can perform. Id. at 1239. To do this, the ALJ can either use the Medical Vocational Guidelines
The grids allow the ALJ to consider factors such as age, confinement to sedentary or light work, inability to speak English, educational deficiencies, and lack of job experience. Each factor can independently limit the number of jobs realistically available to an individual. Phillips, 357 F.3d at 1240. Combinations of these factors yield a statutorily-required finding of "Disabled" or "Not Disabled." Id.
The court's review of the Commissioner's decision is a limited one. This court must find the Commissioner's decision conclusive if it is supported by substantial evidence. 42 U.S.C. § 405(g); Graham v. Apfel, 129 F.3d 1420, 1422 (11th Cir. 1997). "Substantial evidence is more than a scintilla, but less than a preponderance. It is such relevant evidence as a reasonable person would accept as adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401 (1971); see also Crawford v. Comm'r of Soc. Sec., 363 F.3d 1155, 1158 (11th Cir. 2004) ("Even if the evidence preponderates against the Commissioner's findings, [a reviewing court] must affirm if the decision reached is supported by substantial evidence."). A reviewing court may not look only to those parts of the record which support the decision of the ALJ, but instead must view the record in its entirety and take account of evidence which detracts from the evidence relied on by the ALJ. Hillsman v. Bowen, 804 F.2d 1179 (11th Cir. 1986).
Walker v. Bowen, 826 F.2d 996, 999 (11th Cir. 1987).
Plaintiff, who was fifty years old on the alleged disability onset date, has at least a high school education and is able to communicate in English. Tr. 19. Following the administrative hearing, and employing the five-step process, the ALJ found at Step One that Plaintiff "has not engaged in substantial gainful activity since January 17, 2011, the alleged onset date[.]" Tr. 14. At Step Two, the ALJ found that Plaintiff suffers from the following severe impairments: "degenerative disc disease of the cervical, thoracic, and lumbar spine, generalized osteoarthritis, insomnia, and bursitis[.]" Id. At Step Three, the ALJ found that Plaintiff "does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments[.]" Tr. 17. Next, the ALJ articulated Plaintiff's RFC as follows:
Tr. 17. Having consulted with a VE at the hearing, the ALJ concluded at Step Four that Plaintiff "is unable to perform any past relevant work[.]" Tr. 19. Finally, at Step Five, and relying upon the testimony of the VE, the ALJ determined that "[c]onsidering [Plaintiff]'s age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that [Plaintiff] can perform[.]" Id. Accordingly, the ALJ determined that Plaintiff "has not been under a disability, as defined in the Social Security Act, from January 17, 2011, through the date of th[e] decision[.]" Tr. 20.
Plaintiff presents one issue for this court's consideration in review of the ALJ's decision: whether "[t]he Commissioner's decision should be reversed because[,] while the ALJ purportedly relied on the opinion of the consultative examiner, Dr. Meadows, the decision selectively relied on portions of this opinion without explaining why all of the opinion was not accepted. Pl.'s Br. (Doc. 12) at 3.
Plaintiff argues that, despite relying on some portion of the opinion of consultative examiner Dr. Richard Meadows ("Dr. Meadows"), the ALJ "selectively relied on portions of this opinion" without properly explaining why other portions of the opinion were rejected. Pl.'s Br. (Doc. 12) at 3. Specifically, Plaintiff points to Dr. Meadows' opinion that Plaintiff "could lift no weight frequently or continuously" and that Plaintiff was "limited to standing up to 2 hours in an 8-hour workday and walking 1 hour in an 8-hour workday." Id. at 8-9. Plaintiff asserts that the ALJ never explained why he did not accept these two portions of Dr. Meadows' opinion.
"[T]he ALJ must state with particularity the weight given to different medical opinions and the reasons therefor." Id. (citation omitted). "`In the absence of such a statement, it is impossible for a reviewing court to determine whether the ultimate decision on the merits of the claim is rational and supported by substantial evidence.'" Winschel, 631 F.3d at 1179 (quoting Cowart v. Schweiker, 662 F.2d 731, 735 (11th Cir. 1981)).
In this case, the ALJ clearly articulated the reasons for discrediting portions of Dr. Meadows' opinion. Specifically, the ALJ summarized Dr. Meadows' findings, which noted only mild issues and did not support Plaintiff's disability contentions:
Tr. 15. Later in her decision, the ALJ explicitly addressed the standing and walking limitation Dr. Meadows assigned Plaintiff. The ALJ stated that she did not find that portion of Dr. Meadows' opinion as probative as Dr. Meadows' narrative report and x-ray reports—neither of which supported such a limitation—because Dr. Meadows failed to explain the specific physical and objective findings that would support that limitation, despite being directly asked for such information. Tr. 19. The limitations Dr. Meadows placed on Plaintiff's lifting suffer the same fate. Despite being asked to explain the specific physical and objective findings that would support the claimed lifting limitations, Dr. Meadows did not provide any support for that portion of his opinion and his narrative report does not support such a limitation. Tr. 277. In sum, the ALJ found these portions of Dr. Meadows' opinion to be inconsistent with his own records and not supported by the objective evidence of record. Thus, the ALJ made clear the reasons for not accepting certain portions of Dr. Meadows' opinion.
In addition, "even if the ALJ erroneously failed to explicitly assign weight to and discuss every aspect of [a doctor]'s opinion, this error [i]s harmless [when] it is still clear that the ALJ's rejection of the portions of [that] opinion that are inconsistent with the ALJ's ultimate conclusion was based on substantial evidence." Newberry v. Comm'r, Soc. Sec. Admin., 572 F. App'x 671, 672 (11th Cir. 2014). As discussed thoroughly above, there were valid reasons for rejecting specific portions of Dr. Meadows' opinion. The ALJ plainly canvassed the medical records from each of Plaintiff's physicians in the record (Tr. 15-19), and her finding that Plaintiff is not disabled is supported by the record.
Because the court does not reweigh the evidence anew, and the ALJ articulated specific reasons for discounting portions of Dr. Meadows' opinion, which are supported by substantial evidence, there was no reversible error in the weight given to the doctor's opinions.
The court has carefully and independently reviewed the record and concludes that, for the reasons given above, the decision of the Commissioner is AFFIRMED.
A separate judgment will issue.