VIRGINIA EMERSON HOPKINS, District Judge.
Plaintiff Angela Denise Webb ("Ms. Webb") brings this action pursuant to 42 U.S.C. § 405(g), § 205(g) of the Social Security Act. She seeks review of a final adverse decision of the Commissioner of the Social Security Administration ("Commissioner" or "Secretary"), who denied her application for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI").
Ms. Webb was a 40-year-old female at the time of her hearing before the administrative law judge (hereinafter "ALJ"). (Tr. 31). The highest level of education she completed was the eighth grade. (Tr. 31, 193). Her past work experiences include employment as a folder, fast food cashier, and a cleaner/housekeeper. (Tr. 37-38). Ms. Webb claims she became disabled on September 1, 2008, due to migraines, back problems, high blood pressure, a nerve condition, and chronic pain. (Tr. 17, 99-100, 188). Her last period of employment ended on June 1, 2006, when she quit her job. (Tr. 188). Though she sought additional employment after that, she was not able to secure another job. (Tr. 45). Ms. Webb protectively filed concurrent applications for SSI and a period of DIB on January 9, 2009. (Tr. 145-54). Her claims were denied by the Regional Commissioner on April 8, 2009. (Tr. 101-10). Ms. Webb timely requested a hearing (Tr. 90-93), which was held on May 18, 2010, in Birmingham, Alabama. (Tr. 17, 111). The ALJ concluded that Ms. Webb was not disabled and issued his written decision denying her application for benefits on June 11, 2010. (Tr. 17-21). The ALJ's decision denying benefits became the final decision of the Commissioner when the Appeals Council denied Ms. Webb's request for review on February 2, 2011. (Tr. 1-8).
Ms. Webb filed her Complaint on April 4, 2011, which asks this court to review the ALJ's decision. (Doc. 1). This court has carefully considered the record and affirms the decision of the ALJ.
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. Richardson v. Perales, 402 U.S. 389, 390 (1971); Wilson v. Barnhart, 284 F.3d 1219, 1221 (11th Cir. 2002). This court must "scrutinize the record as a whole to determine if the decision reached is reasonable and supported by substantial evidence." Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir. 1983). This court will determine that the ALJ's opinion is supported by substantial evidence if it finds "such relevant evidence as a reasonable person would accept as adequate to support a conclusion." Id. Substantial evidence is "more than a scintilla, but less than a preponderance." Id. Factual findings that are supported by substantial evidence must be upheld by the court. The ALJ's legal conclusions, however, are reviewed de novo, because no presumption of validity attaches to the ALJ's determination of the proper legal standards to be applied. Davis v. Shalala, 985 F.2d 528, 531 (11th Cir. 1993). If the court finds an error in the ALJ's application of the law, or if the ALJ fails to provide the court with sufficient reasoning for determining that the proper legal analysis has been conducted, the ALJ's decision must be reversed. Cornelius v. Sullivan, 936 F.2d 1143, 1145-46 (11th Cir. 1991).
To qualify for disability benefits and establish 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 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:
Pope v. Shalala, 998 F.2d 473, 477 (7th Cir. 1993) (citing to former applicable C.F.R. section), overruled on other grounds by Johnson v. Apfel, 189 F.3d 561 (7th Cir. 1999); accord McDaniel v. Bowen, 800 F.2d 1026, 1030 (11th Cir. 1986). "Once the claimant has satisfied steps one and two, she will automatically be found disabled if she suffers from a listed impairment. If the claimant does not have a listed impairment but cannot perform her work, the burden shifts to the Secretary to show that the claimant can perform some other job." Pope, 998 F.2d at 477; accord Foote v. Chater, 67 F.3d 1553, 1559 (11th Cir. 1995). The Commissioner must further show that such work exists in the national economy in significant numbers. Id.
The ALJ found that Ms. Webb had not engaged in substantial gainful activity from her alleged onset date of September 1, 2008. (Tr. 18). He also found that the medical evidence supported a finding that Ms. Webb's impairments of depression and morbid obesity were "severe" according to 20 C.F.R. § 404.1520(c) and 416.920(c). (Tr. 18). The ALJ then concluded that those medically determinable impairments, in combination, do not meet or medically equal one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 of the Social Security Regulations. (Tr. 18-19). The ALJ determined that Ms. Webb had the residual functioning capacity ("RFC") to perform "light work"
Accordingly, the ALJ determined that Ms. Webb was not eligible for DIB because she was not disabled under §§ 216(i) and 223(d) of the Social Security Act. Likewise, he found she was not eligible for SSI because she was not disabled under § 1614(a)(3)(A) of the Social Security Act. (Tr. 20-21).
The court can reverse a finding of the Secretary if it is not supported by substantial evidence. 42 U.S.C. § 405(g). Ms. Webb asserts that the ALJ's decision was not supported by substantial evidence because the "the ALJ misinterpreted the opinion of his own consultative psychologist, Dr. Samuel A. Saxon." (Doc. 10 at 8). More specifically, she contends:
(Id. at 8-9). The alleged misinterpretation of Dr. Saxon's opinion is the only specific example that Ms. Webb offers the court to demonstrate that the ALJ in this case failed in his duties to act impartially, fully consider the medical evidence, and to fairly develop the record. (See id. at 8-11). However, the court has reviewed the record, including the detailed opinion of Dr. Saxon (Tr. 282-85), and finds that the ALJ accurately interpreted and described Dr. Saxon's opinion. Specifically, as to the issue of "malingering," Dr. Saxon indeed used this word to describe his impression of Ms. Webb during his examination. He stated, "it is certainly felt that there was an element of not only exaggeration bur perhaps even malingering on this woman's part in spite of very genuine presentation of a very miserable human being." (Tr. 284) (emphasis added). Thus, the ALJ correctly opined that "[t]he repot of Dr. Saxon suggests
Moreover, reviewing the ALJ's opinion in toto, the court finds that the ALJ did not rely exclusively on Dr. Saxon's suggestion of malingering in reaching his determination concerning Ms. Webb's RFC and her ability to perform her past relevant work. The ALJ expressly relied on several other aspects of Ms. Webb's medical record in addition to Dr. Saxon's report, such as the vocational limitations reported by Dr. Dale Leonard and the overall records of Ms. Webb's treating and examining physicians. (See, e.g., Tr. 19 ("I find persuasive the vocational limitations as reported by Dr. Dale Leonard (Exhibit 2F, p3), and concluded that the claimant is capable of functioning pretty well at the present time."); id. at 20 ("No treating doctor has indicated that the claimant is disabled or in any way unable to perform work related activities. . . . Treatment records indicate that she is independent in activities of daily living and consistently cleared for work."). Further, in reaching his conclusion of not disabled, the ALJ expressly relied on the testimony of Ms. Webb herself and that of the vocational expert. (See, e.g., Tr. 19 ("In reaching these conclusions, I point out that the claimant reported taking care of her children, not them her (Exhibit 7E)."); id. at 20 ("By [Ms. Webb's] own admission, she worked until she had a confrontation with her supervisor."); id. ("At the hearing I asked Dr. Green, the vocational expert, to identify work performed by the claimant in the past fifteen years, indicating the title of the job and the exertional and skill level of each job. . . . I then asked the doctor as to whether the above-described residual functional capacity would preclude the performance of any of the related jobs. Dr. Green testified that the [RFC] would not preclude the performance of work as a Cashier.").
All of these observations by the ALJ point to substantial evidence supporting his determination that Ms. Webb is capable of performing her past relevant work and, therefore, not disabled under the Social Security Act. Notably, Ms. Webb does not argue that the record is incomplete or missing any information that would be necessary for the ALJ to have rendered an informed decision on her applications; likewise, she does not contend that the ALJ should have obtained any additional medical records. Instead, Ms. Webb conclusorily argues that this case should be reversed based on the ALJ's "fail[ure] to properly consider any of the medical evidence in the administrative record," by "substitut[ing] his own judgment for that of a physician," and for failing in his "duty to fully and fairly develop the record." (Doc. 10 at 9-10).
Based upon the court's evaluation of the evidence in the record and the submissions of the parties, the court finds that the Commissioner's final decision is supported by substantial evidence and applies the proper legal standards. Accordingly, the decision of the Commissioner will be affirmed by separate order.