WILLIAM E. CASSADY, Magistrate Judge.
The plaintiff brings this action, pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), seeking judicial review of a final decision of the Commissioner of Social Security denying his application for disability insurance benefits ("DIB") and supplemental security income ("SSI"). The parties have consented to the exercise of jurisdiction by the Magistrate Judge, pursuant to 28 U.S.C. § 636(c), for all proceedings in this Court. (See Doc. 21 ("In accordance with provisions of 28 U.S.C. 636(c) and Fed.R.Civ.P. 73, the parties in this case consent to have a United States Magistrate Judge conduct any and all proceedings in this case, including . . . order the entry of a final judgment, and conduct all post-judgment proceedings.").) Upon consideration of the administrative record ("R.") (Doc. 11), the plaintiff's brief (Doc. 12), the Commissioner's brief (Doc. 17), and the arguments made by the parties at the March 14, 2012 Hearing, it is determined that the Commissioner's decision denying the plaintiff benefits should be
On January 14, 2009, the plaintiff filed an application for DIB (R. 127-133) and SSI (R. 134-136)—alleging disability beginning March 31, 2007, due to paranoid schizophrenia and injuries to his back and head—which was initially denied on March 11, 2009 (see R. 72-73). A hearing was then conducted before an Administrative Law Judge on May 25, 2010 (see R. 32-71). On June 14, 2010, the ALJ issued a decision finding that the claimant was not disabled (R. 14-31), and the plaintiff sought review from the Appeals Council (see R. 11-13). The Appeals Council declined to review the ALJ's determination on April 28, 2011 (see R. 1-6)—making the ALJ's determination the Commissioner's final decision for purposes of judicial review, see 20 C.F.R. § 404.981—and a complaint was filed in this Court on June 7, 2011 (see Doc. 1).
In all Social Security cases, the plaintiff bears the burden of proving that he or she is unable to perform his or her previous work. Jones v. Bowen, 810 F.2d 1001, 1005 (11th Cir. 1986). In evaluating whether the plaintiff has met this burden, the examiner must consider the following four factors: (1) objective medical facts and clinical findings; (2) diagnoses of examining physicians; (3) evidence of pain; and (4) the plaintiff's age, education, and work history. Id. Once the plaintiff meets this burden, it becomes the Commissioner's burden to prove that the plaintiff is capable—given his or her age, education, and work history—of engaging in another kind of substantial gainful employment that exists in the national economy. Sryock v. Heckler, 764 F.2d 834, 836 (11th Cir. 1985). Although at the fourth step "the [plaintiff] bears the burden of demonstrating the inability to return to [his or] her past relevant work, the Commissioner of Social Security has an obligation to develop a full and fair record." Shnorr v. Bowen, 816 F.2d 578, 581 (11th Cir. 1987) (citations omitted).
The task for this Court is to determine whether the ALJ's decision to deny plaintiff benefits is supported by substantial evidence. Substantial evidence is defined as more than a scintilla, and means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Richardson v. Perales, 402 U.S. 389, 401 (1971). "In determining whether substantial evidence exists, [a court] must view the record as a whole, taking into account evidence favorable as well as unfavorable to the [Commissioner's] decision." Chester v. Bowen, 792 F.2d 129, 131 (11th Cir. 1986). Courts are precluded, however, from "deciding the facts anew or re-weighing the evidence." Davison v. Astrue, 370 Fed. App'x 995, 996 (11th Cir. 2010) (per curiam) (citing Dyer v. Bernhart, 395 F.3d 1206, 1210 (11th Cir. 2005)). And, "[e]ven if the evidence preponderates against the Commissioner's findings, [a court] must affirm if the decision reached is supported by substantial evidence." Id. (citing Crawford v. Comm'r of Soc. Sec., 363 F.3d 1155, 1158-59 (11th Cir. 2004)).
On appeal to this Court, the plaintiff's two claims concern the ALJ's purported failure to explain the weight she assigned to (1) a mental residual functional capacity evaluation (the RFC) completed by Patrician Noonan, CRNP; and (2) the testimony of the plaintiff's mother. Specifically, the plaintiff contends that:
There is no doubt that the ALJ considered the opinion of Ms. Noonan (see R. 23 (summarizing the RFC she completed and discussing) & 24 (discounting her opinion)), and although the ALJ did not give that opinion controlling weight, which she was not obligated to do,
"Social Security Ruling 06-03p acknowledges that medical sources who do not qualify as `acceptable medical sources' under the regulations are still considered valuable sources of information." Sommer v. Astrue, No. 3:10-CV-99, 2010 WL 5883653, at *3 (E.D. Tenn. Dec. 17, 2010). That ruling reflects a reality of how health care is delivered in our country today, providing in pertinent part:
Social Security Ruling (SSR) 06-03p, 2006 WL 2329939, at *3 (Aug. 9, 2006); see, e.g., Madise, 2009 WL 3078294, at *11 ("An `ALJ is not free to disregard the opinions of health care professionals simply because they are not medical doctors.'") (quoting O'Connor v. Barnhart, No. C03-3081-MWB, 2004 WL 2192730, at *5 (N.D. Iowa Sep. 28, 2004)).
Sommer, 2010 WL 5883653, at *3-4 (footnote omitted and emphasis added); compare id. at *4 (noting that "[t]he Sixth Circuit Court of Appeals appears to interpret the language of SSR 06-03p as strongly indicating that the ALJ should explain the weight given to the opinions of `other sources'") (citing Cruse v. Commissioner of Soc. Sec., 502 F.3d 532, 540-42 (6th Cir. 2007) (which found that "opinions from non-medical sources who have seen the claimant in their professional capacity should be evaluated by using the applicable factors, including how long the source has known the individual, how consistent the opinion is with other evidence, and how well the source explains the opinion")), with Phillips v. Astrue, 413 Fed. App'x 878, 884 (7th Cir. 2010) ("In deciding how much weight to give to opinions from these `other medical sources,' an ALJ should apply the same criteria listed in § 404.1527(d)(2)."),
While, in her decision, the ALJ exhaustively summarizes Ms. Noonan's RFC (see R. 23), the following is all that the decision offers as to the "weight" the ALJ assigns to Ms. Noonan's opinion:
(R. 24.)
Had the sole basis for rejecting Ms. Noonan's opinion been that she "is a nurse practitioner not a psychiatrist," remand would be necessary. See, e.g., Barry v. Astrue, No. CV-09-1677-PHX-NVW, 2010 WL 3168630, at *11 (D. Ariz. Aug. 10, 2010) (noting that "the opinion of a nurse practitioner may be given more weight than that of even a treating source if the nurse practitioner `has seen the individual more often than the treating source and has provided better supporting evidence and a better explanation of his or her opinion'" and, therefore, an "ALJ's conclusory reference to the fact that [the nurse practitioner] is not a licensed doctor is clearly an insufficient basis, without further explanation, for entirely disregarding her opinion") (quoting SSR 06-03p). But the ALJ's decision, by pointing out that it appeared that "the claimant only presented for medication management," implicates three of the factors set forth in § 404.1527(d): the nature and extent of the treatment relationship; the supportability of and evidentiary basis for the opinion; and the specialization of the source.
While the plaintiff contends that, "[a]lthough the ALJ summarized [Ms. Ramsey's] testimony [see R. 21], she fails to discuss it anywhere else in her decision and does not discuss the amount of weight, if any, given to that testimony" (Doc. 12 at 7), the Commissioner contends that in addition to summarizing Ms. Ramsey's testimony, the ALJ also "specifically noted that `[Ms. Ramsey] had a hard time answering questions posed to [her] during various visits to . . . counselors" (Doc. 17 at 10 (quoting R. 24)).
Ms. Ramsey testified regarding the plaintiff's visits to Altapointe—her testimony revealed that she had permission to sit in on his sessions—and related what occurred during those sessions. (See R. 64-66.) During this testimony, the ALJ admonished the plaintiff's counsel regarding hearsay in Ms. Ramsey's testimony—"Counsel, I'm going to start asking her blunt[ly] about the hearsay that's going on here. So if you want to go down this road, I'm going to ask her a lot of questions about what the therapist's impressions are." (R. 65.) The ALJ then questioned Ms. Ramsey regarding whether the plaintiff's therapist talked to her about her son's drug use:
(R. 66-67.)
It appears therefore that the statement in the ALJ's decision that "both the claimant and his mother had a hard time answering questions posed to them [regarding] various visits to the counselors" is a credibility determination, at least as to Ms. Ramsey, based, at least in part, on this exchange. As this Court has made clear, "[t]here is no requirement in the Social Security regulations or rulings that the ALJ assign any weight to non-medical sources, only that the evidence be considered." Reed v. Astrue, Civil Action No. 09-0149-KD-N, 2009 WL 3571699, at *3 (S.D. Ala. Oct. 26, 2009) (citing 20 C.F.R. § 416.913(d); SSR 06-03p); see also Rask v. Astrue, No. 3:10-cv-01082-SI, 2011 WL 5546935, at *11 (D. Or. Nov. 14, 2011) ("Social Security regulations require the ALJ to consider all relevant evidence. This includes evidence submitted by family members, such as Ms. Rask's mother and ex-husband.") (citing 20 C.F.R. §§ 404.1545(a)(3); 404.1513(d)(4)). Further, the Eleventh Circuit does "not require an explicit finding about credibility; instead findings may be by implication if they are `obvious to the reviewing court.'" Carter v. Astrue, 228 Fed. App'x 967, 969 (11th Cir. 2007) (per curiam) (quoting Tieniber v. Heckler, 720 F.2d 1251, 1255 (11th Cir. 1983)). Because it is obvious to this Court that the ALJ chose not to accord weight to Ms. Ramsey's testimony based on the ALJ's concerns regarding its forthrightness, see Carter, 228 Fed. App'x at 969, the plaintiff's second ground for appeal also fails. See Rask, 2011 WL 5546935, at *11 (noting that an ALJ may "disregard lay witness testimony [if] `he or she expressly determines to disregard such testimony and gives reasons germane to each witness for doing so'") (quoting Lewis v. Apfel, 236 F.3d 503, 511 (9th Cir. 2001)).
Because the Court finds that the ALJ's discussion of her consideration of both Ms. Noonan's opinion and Ms. Ramsey's testimony allows a "subsequent reviewer[—this Court—]to follow [her] reasoning," this Court finds that the ALJ's decision is supported by substantial evidence. Accordingly, it is