C. LYNWOOD SMITH, Jr., District Judge.
Claimant, Candice Ferguson, commenced this action on September 12, 2016, pursuant to 42 U.S.C. § 405(g), seeking judicial review of a final adverse decision of the Commissioner, affirming the decision of the Administrative Law Judge ("ALJ"), and thereby denying her claim for a period of disability and disability insurance benefits.
The court's role in reviewing claims brought under the Social Security Act is a narrow one. The scope of review is limited to determining whether there is substantial evidence in the record as a whole to support the findings of the Commissioner, and whether correct legal standards were applied. See Lamb v. Bowen, 847 F.2d 698, 701 (11th Cir. 1988); Tieniber v. Heckler, 720 F.2d 1251, 1253 (11th Cir. 1983).
The ALJ found that claimant had the severe impairments of migraine headaches and obesity, but that she nonetheless retained the residual functional capacity to perform a full range of light work, thus enabling her to perform her past relevant work as a development manager and merchandise manager.
The opinion of a treating physician "must be given substantial or considerable weight unless `good cause' is shown to the contrary." Phillips v. Barnhart, 357 F.3d 1232, 1240-41 (11th Cir. 2004) (internal citations omitted). Good cause exists when "(1) [the] treating physician's opinion was not bolstered by the evidence; (2) [the] evidence supported a contrary finding; or (3) [the] treating physician's opinion was conclusory or inconsistent with the doctor's own medical records." Id. (alterations supplied). Additionally, the ALJ is not required to accept a conclusory statement from a medical source, even a treating source, that a claimant is unable to work, because the decision on that issue is not a medical question, but is a decision "reserved to the Commissioner." 20 C.F.R. §§ 404.1527(d) & 416.927(d).
Social Security regulations also provide that, in considering what weight to give any medical opinion (regardless of whether it is from a treating or non-treating physician), the Commissioner should evaluate: the extent of the examining or treating relationship between the doctor and patient; whether the doctor's opinion can be supported by medical signs and laboratory findings; whether the opinion is consistent with the record as a whole; the doctor's specialization; and other factors. See 20 C.F.R. §§ 404.1527(c) & 416.927(c). See also Wheeler v. Heckler, 784 F.2d 1073, 1075 (11th Cir. 1986) ("The weight afforded a physician's conclusory statements depends upon the extent to which they are supported by clinical or laboratory findings and are consistent with other evidence as to claimant's impairments.").
Dr. Diane Counce, claimant's treating neurologist, completed "Clinical Assessment of Pain" and "Clinical Assessment of Fatigue/Weakness" forms on October 16, 2014. She indicated that claimant experienced pain to such an extent as to be distracting to adequate performance of daily activities or work, that physical activity would greatly increase claimant's pain to such a degree as to cause distraction from or total abandonment of tasks, that claimant would experience some side effects from her prescribed medication, but not to such an extent as to cause serious problems in most instances, and that claimant experienced an underlying medical condition consistent with the pain she experienced.
The ALJ did not specifically state how much weight he afforded to Dr. Counce's assessment. Instead, he described the normal results of the magnetic resonance angiogram and magnetic resonance imaging tests Dr. Counce performed, and noted that, despite the limitations Dr. Counce imposed,
Tr. 20 (alteration supplied). Even though the ALJ did not specify the amount of weight he afforded to Dr. Counce's assessment, it is clear that he did not find it to be controlling. As an initial matter, the ALJ did not find claimant's subjective testimony to be entirely credible.
The ALJ's decision not to give controlling weight to Dr. Counce's assessment was in accordance with applicable law and supported by substantial evidence. The ALJ adequately articulated his reasons for rejecting the assessment when he stated that the assessment appeared to be based solely upon claimant's subjective complaints, and that all the objective neurological findings were normal.
Dr. Ronald Devere, a neurologist, testified as a medical expert retained by the Social Security Administration during the January 27, 2015 administrative hearing. After reviewing claimant's medical records, Dr. Devere testified that, even though claimant's medical providers had been diagnosing her with migraine headaches, her neurological examinations and brain scans had always been normal. He suspected that her headaches may have been contractual or "tension" in origin, instead of neurological. He also was concerned that claimant's numerous medications might have been exacerbating, not alleviating, her condition.
The ALJ afforded Dr. Devere's assessment only "some weight," because "there are no physical findings within the record to establish the claimant's neurological issue resulting in significant exertional or postural restrictions."
Dr. Danielle Powell performed a consultative examination on May 18, 2013. Claimant complained of migraine headaches, cervical dystonia, and occiptal neuralgia.
The ALJ afforded Dr. Powell's assessments only some weight, because they "appear to rely primarily upon the claimant's subjective allegations, as Dr. Powell noted that the claimant's limitation on standing was secondary due to fatigue and her limitations in walking were secondary to pain, which . . . cannot be quantified in an objective manner."
In summary, the ALJ properly considered all of the medical opinions in the record, and his findings were supported by substantial evidence. He did not improperly substitute his opinion for that of the medical providers, as claimant suggests. Instead, he rejected those providers' opinions for reasons that were adequately articulated and supported by the record.
The ALJ was required to evaluate the effect of claimant's obesity on her residual functional capacity in accordance with Social Security Ruling 02-1p, which states the following:
SSR 02-1p, 2000 WL 628049, at *6-7.
The ALJ found that obesity was one of claimant's severe impairments.
The ALJ complied with all the requirements of SSR 02-1p. Moreover, nothing in the record supports a finding that claimant's obesity impaired her more severely than the ALJ found. Accordingly, the court finds that the ALJ properly considered claimant's obesity.
Claimant also asserts that the ALJ failed to include the effects of her mental impairments in the residual functional capacity finding. The ALJ found that claimant's mental health concerns did not constitute a severe impairment because there was no medical evidence that claimant's mental health conditions had lasted for at least twelve months. The ALJ did not impose any specific limitations as a result of potential mental impairments, instead assessing claimant as capable of performing a full range of work at the light exertional level.
As an initial matter, claimant does not explain why an inability to perform skilled work would have prevented her from performing her past relevant work. Even more importantly, claimant has not identified any evidence that would support a need for additional restrictions due to her mental limitations. Dr. Sylvia Colon performed a consultative psychiatric exam on May 18, 2013. Dr. Colon noted that claimant had not claimed disability for psychiatric reasons. Claimant exhibited depressed mood during the examination. Her communication and thought systems were normal. Her memory, fund of knowledge, calculations, concentration, abstract thinking, and ability to discern similarities and differences were good. Her judgment and insight were fair. Dr. Colon concluded that claimant would be capable of managing her own funds, and she had no significant work-related limitations.
Dr. Colon examined claimant again on February 28, 2015. Claimant reported sadness and difficulty coping with her recurring headaches. Dr. Colon stated:
Tr. 551 (emphasis supplied). Claimant exhibited good concentration, persistence, and pace; appropriate grooming and hygiene; normal attitude and behavior; normal communication; normal thought content; sad mood and affect; good memory, fund of knowledge, calculations, and concentration; and appropriate abstract thinking, ability to discern similarities and differences, judgment, and insight. Dr. Colon assessed claimant with a mood disorder secondary to her medical conditions. She found that claimant would be capable of managing her own funds. She also assessed claimant with moderate limitations in her abilities to: maintain attention and concentration for an extended period; perform activities within a schedule, maintain regular attendance, and be punctual within customary tolerances; complete a normal workday without interruptions from psychiatrically-based symptoms and perform at a consistent pace without an unreasonable number and rate of rest periods; interact appropriately with the general public; respond appropriately to work pressures or changes in the work setting; consistently carry out and remember simple instructions; and interact appropriately with coworkers and supervisors in a work setting.
Because there is no evidence that claimant experienced any more than moderate limitations as a result of her mental impairments, the court cannot find that the ALJ erred in finding claimant capable of performing a full range of light work, with no additional limitations imposed due to her mental conditions.
Consistent with the foregoing, the court concludes the ALJ's decision was based upon substantial evidence and in accordance with applicable legal standards. Accordingly, the decision of the Commissioner is AFFIRMED. Costs are taxed against claimant. The Clerk is directed to close this file.