SUSAN RUSS WALKER, Chief Magistrate Judge.
Plaintiff Carolyn Beatrice Soles commenced this action on October 2, 2014, pursuant to 42 U.S.C. § 405(g), seeking judicial review of a final adverse decision of the Commissioner denying her claim for a period of disability and disability insurance benefits. On February 28, 2013, the Administrative Law Judge ("ALJ") issued an adverse decision.
The court's review of the Commissioner's decision is narrowly circumscribed. The function of this court is to determine whether the decision of the Commissioner is supported by substantial evidence and whether proper legal standards were applied.
While the court must uphold factual findings that are supported by substantial evidence, it reviews the ALJ's legal conclusions de novo because no presumption of validity attaches to the ALJ's determination of the proper legal standards to be applied.
To qualify for disability benefits and establish his or her entitlement for a period of disability, a claimant must be disabled as defined by the Social Security Act and the Regulations promulgated thereunder. The Regulations define "disabled" as "the inability to do 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 twelve (12) months." 20 C.F.R. § 404.1505(a). To establish an entitlement to disability benefits, a claimant must provide evidence about a "physical or mental impairment" that "must result from anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical and laboratory diagnostic techniques." 20 C.F.R. § 404.1508.
The Regulations provide a five-step process for determining whether a claimant is disabled. 20 C.F.R. § 404.1520(a)(4)(i-v). The Commissioner must determine in sequence:
On September 26, 2011, plaintiff submitted applications for disability insurance benefits and a period of disability with an alleged disability onset date of January 1, 2009. The ALJ found that plaintiff met the insured status requirements through December 31, 2013. The ALJ then determined that plaintiff has not engaged in substantial gainful activity since her alleged onset date and that she has the severe impairments of degenerative disc disease of the lumbar spine with minimal annular disc bulges at L2-3 through L5-S1; hypertension; obesity; and migraine headaches. The ALJ concluded that none of the severe impairments, individually or collectively, meets a listed impairment in 20 C.F.R. pt. 404, subpt. P, app. 1 (2014).
Based on the plaintiff's severe impairments, the ALJ developed a residual functional capacity ("RFC") assessment that plaintiff can perform a full range of sedentary work with no limitations. After considering the evidence of record, the RFC, and the Medical-Vocational Guidelines, the ALJ concluded that there are jobs existing in significant numbers in the national and local economy that plaintiff can perform. The ALJ found that plaintiff is not disabled.
On appeal, plaintiff argues that the ALJ erred by (1) failing to find that carpal tunnel syndrome is a severe impairment; (2) failing to consider the non-exertional impact of the severe impairment of migraines on the RFC; and (3) failing to consider the opinions of plaintiff's treating physician, Dr. James P. Dehaven properly. (Doc. # 12). Upon review of the record, the court concludes that these contentions are without merit.
An impairment is "severe" if it "significantly limits [one's] physical or mental ability to do basic work activities" and the limitation persists for at least twelve consecutive months. 20 C.F.R. §§ 404.1520(c); 404.1505(a). Plaintiff bears the burden to prove an impairment is severe.
Substantial evidence also supports the ALJ's RFC determination, and he explained in detail his reasons for concluding that plaintiff is not limited because of her migraines, despite having found her migraines to be a severe impairment. The plaintiff argues that the ALJ did not consider the non-exertional limitations of plaintiff's migraines in accordance with SSR 96-8p and SSR 85-15. The ALJ, however, did meet the requirements of the regulations. Specifically, the ALJ discussed plaintiff's testimony and evidence regarding the frequency and limitations caused by headaches as well as her work history, and he concluded that her testimony was "inconsistent." (Doc. # 16-2 at p. 16). The ALJ's written decision is sufficiently detailed to allow the court to conclude that the ALJ reviewed and weighed the plaintiff's medical evidence as a whole to determine her non-exertional capacity in terms of work-related functions.
As to plaintiff's argument that the ALJ did not give "adequate weight" to the opinions of plaintiff's treating physician, Dr. Dehaven, the court finds that the ALJ applied correct legal standards. The Commissioner must specify what weight is given to a treating physician's opinion and any reason for giving it no weight at all.
The ALJ must clearly articulate his or her reasons for disregarding a treating physician's opinion, and the failure to do so is reversible error.
The ALJ's written decision meets both criteria. The plaintiff acknowledges that the ALJ provided reasons for discrediting Dr. Dehaven's opinion evidence and that those reasons are based upon evidence in the record. The plaintiff finds the ALJ's reasoning to be "confusing" and "perplexing," and she disagrees with the ALJ's conclusions. However, the court cannot reweigh the evidence and is limited to analyzing whether substantial evidence exists. The ALJ articulated good cause for giving less than substantial weight to a treating medical source's opinion. Accordingly, there is no legal error.
Upon consideration of the parties' briefs and the record, the Commissioner's decision is based on substantial evidence and is in accordance with controlling law. The Commissioner's decision will be AFFIRMED by a separate judgment.