P. BRADLEY MURRAY, Magistrate Judge.
Plaintiff Cody T. Dennison brings this action, pursuant to 42 U.S.C. § 1383(c)(3), seeking judicial review of a final decision of the Commissioner of Social Security denying his claim for supplemental security income benefits. 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. (Docs. 14 & 15 ("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, . . . order the entry of a final judgment, and conduct all post-judgment proceedings.")). Upon consideration of the administrative record, Plaintiff's brief, and the Commissioner's brief,
Plaintiff protectively filed an application for supplemental security income benefits, on or about March 29, 2016, alleging disability beginning on April 28, 2011. (See Tr. 131-39.) Dennison's claim was initially denied on May 25, 2016 (Tr. 68 & 71-76) and, following Plaintiff's June 16, 2016 written request for a hearing before an Administrative Law Judge ("ALJ") (see Tr. 80-82), a hearing was conducted before an ALJ on November 29, 2017 (Tr. 30-54). On April 28, 2018, the ALJ issued a decision finding that the claimant was not disabled and, therefore, not entitled to SSI benefits. (Tr. 15-23). More specifically, the ALJ determined that Dennison retains the residual functional capacity to perform a full range of work at all exertional levels, with certain identified nonexertional limitations, and can perform those medium and light jobs identified by the vocational expert ("VE") during the administrative hearing (compare id. at 19 & 22 with Tr. 50-51). On May 29, 2018, the Plaintiff filed a written request for review of the ALJ's unfavorable decision (Tr. 130) and, on November 8, 2018, the Appeals Council denied Dennison's request for review (Tr. 1-3). Thus, the hearing decision became the final decision of the Commissioner of Social Security.
Plaintiff alleges disability due to autism spectrum disorder and adjustment disorder. The Administrative Law Judge (ALJ) made the following relevant findings:
(Tr. 17, 19, 21 & 22 (emphasis in original)).
A claimant is entitled to an award of supplemental security income benefits when he is unable to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or last for a continuous period of not less than 12 months. See 20 C.F.R. § 416.905(a). In determining whether a claimant has met his burden of proving disability, the Commissioner follows a five-step sequential evaluation process. See 20 C.F.R. § 416.920. At step one, if a claimant is performing substantial gainful activity, he is not disabled. 20 C.F.R. § 416.920(b). At the second step, if a claimant does not have an impairment or combination of impairments that significantly limits his physical or mental ability to do basic work activities (that is, a severe impairment), he is not disabled. 20 C.F.R. § 416.920(c). At step three, if a claimant proves that his impairments meet or medically equal one of the listed impairments set forth in Appendix 1 to Subpart P of Part 404, the claimant will be considered disabled without consideration of age, education and work experience. 20 C.F.R. § 416.920(d). At the fourth step, if the claimant is unable to prove the existence of a listed impairment, he must prove that his physical and/or mental impairments prevent him from performing any past relevant work. 20 C.F.R. § 416.920(f). And at the fifth step, the Commissioner must consider the claimant's residual functional capacity, age, education, and past work experience to determine whether the claimant can perform other work besides past relevant work. 20 C.F.R. § 416.920(g). Plaintiff bears the burden of proof through the first four steps of the sequential evaluation process, see Bowen v. Yuckert, 482 U.S. 137, 146 n.5, 107 S.Ct. 2287, 2294 n.5, 96 L.Ed.2d 119 (1987), and while the burden of proof shifts to the Commissioner at the fifth step of the process to establish other jobs existing in substantial numbers in the national economy that the claimant can perform,
The task for the Magistrate Judge is to determine whether the Commissioner's decision to deny claimant 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, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). "In determining whether substantial evidence exists, we 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).
On appeal to this Court, Dennison asserts that the Commissioner's decision denying him benefits is not supported by substantial evidence and, indeed, is contradicted by all the opinion evidence in the record. In particular, Plaintiff contends that the ALJ's RFC determination is not supported by substantial evidence because the ALJ cherry-picked evidence showing moderate limitations, while dismissing multiple opinions showing Plaintiff has marked limitations in more than one area of functioning. And, according to Plaintiff, the ALJ cites to no evidence which explicitly supports her rejection of the opinions of Dr. John W. Davis and Robin Wood, LPC-S, NCC, RPT-S.
The responsibility for making the residual functional capacity determination rests with the ALJ. Compare 20 C.F.R. § 404.1546(c) ("If your case is at the administrative law judge hearing level . . ., the administrative law judge . . . is responsible for assessing your residual functional capacity.") with, e.g., Packer v. Commissioner, Social Security Admin., 542 Fed. Appx. 890, 891-892 (11th Cir. Oct. 29, 2013) (per curiam) ("An RFC determination is an assessment, based on all relevant evidence, of a claimant's remaining ability to do work despite her impairments. There is no rigid requirement that the ALJ specifically refer to every piece of evidence, so long as the ALJ's decision is not a broad rejection, i.e., where the ALJ does not provide enough reasoning for a reviewing court to conclude that the ALJ considered the claimant's medical condition as a whole." (internal citation omitted)). A plaintiff's RFC—which "includes physical abilities, such as sitting, standing or walking, and mental abilities, such as the ability to understand, remember and carry out instructions or to respond appropriately to supervision, co-workers and work pressure[]"—"is a[n] [] assessment of what the claimant can do in a work setting despite any mental, physical or environmental limitations caused by the claimant's impairments and related symptoms." Watkins v. Commissioner of Social Security, 457 Fed. Appx. 868, 870 n.5 (11th Cir. Feb. 9, 2012) (citing 20 C.F.R. §§ 404.1545(a)-(c), 416.945(a)-(c)); see also Davison, supra, 370 Fed.Appx. at 996 ("An ALJ makes an RFC determination by considering the claimant's ability to sit, stand, walk, lift, carry, push, pull, stoop, crouch, and reach."); 20 C.F.R. § 404.1545(a)(3) (in assessing RFC, the Commissioner is required to consider "descriptions and observations of [the claimant's] limitations from [] impairments, including limitations that result from [] symptoms, such as pain, provided by [the claimant] . . . .").
To find that an ALJ's RFC determination is supported by substantial evidence, it must be shown that the ALJ has "`provide[d] a sufficient rationale to link'" substantial record evidence "`to the legal conclusions reached.'" Ricks v. Astrue, 2012 WL 1020428, *9 (M.D. Fla. Mar. 27, 2012) (quoting Russ v. Barnhart, 363 F.Supp.2d 1345, 1347 (M.D. Fla. 2005)); compare id. with Packer v. Astrue, 2013 WL 593497, *4 (S.D. Ala. Feb. 14, 2013) ("`[T]he ALJ must link the RFC assessment to specific evidence in the record bearing upon the claimant's ability to perform the physical, mental, sensory, and other requirements of work.'"), aff'd, 542 Fed. Appx. 890 (11th Cir. Oct. 29, 2013); see also Hanna v. Astrue, 395 Fed. Appx. 634, 636 (11th Cir. Sept. 9, 2010) (per curiam) ("The ALJ must state the grounds for his decision with clarity to enable us to conduct meaningful review. . . . Absent such explanation, it is unclear whether substantial evidence supported the ALJ's findings; and the decision does not provide a meaningful basis upon which we can review [a plaintiff's] case." (internal citation omitted)).
In this case, the Court finds that the ALJ linked her RFC assessment—that is, work at all exertional levels with some mental limitations—to specific evidence in the record bearing upon Dennison's ability to perform the physical, mental, sensory and other requirements of work. (Compare Tr. 19-21 with generally Tr. 34-50, 59-65, 146-55, 169-85, 225-43, 247-51 & 259-76.) In particular, even though the Plaintiff argues that the ALJ erred in failing to accord appropriate weight to the opinions of consultative examiner Dr. John W. Davis and Counselor Robin Wood, and, instead, improperly cherry-picked from the evidence of record to "reach" her RFC assessment, this Court does not agree and finds the ALJ's RFC assessment supported by substantial evidence.
Before addressing the Plaintiff's specific arguments, the undersigned notes that "[w]eighing the opinions and findings of treating, examining, and non-examining physicians is an integral part of the process for determining disability." Kahle v. Commissioner of Social Security, 845 F.Supp.2d 1262, 1271 (M.D. Fla. 2012). In general, "the opinions of examining physicians are given more weight than those of non-examining physicians, treating physicians are given more weight than those of physicians who examine but do not treat, and the opinions of specialists are given more weight on issues within the area of expertise than those of non-specialists." McNamee v. Social Sec. Admin., 164 Fed.Appx. 919, 923 (11th Cir. Jan. 31, 2006). Indeed, "the ALJ must give the opinion of the treating physician `substantial or considerable weight unless "good cause" is shown to the contrary.'" Williams v. Astrue, 2014 WL 185258, *6 (N.D. Ala. Jan. 15, 2014), quoting Phillips, supra, 357 F.3d at 1240 (other citation omitted); see Nyberg v. Commissioner of Social Security, 179 Fed.Appx. 589, 591 (11th Cir. May 2, 2006) (citing to same language from Crawford v. Commissioner of Social Security, 363 F.3d 1155, 1159 (11th Cir. 2004)).
Gilabert v. Commissioner of Social Sec., 396 Fed.Appx. 652, 655 (11th Cir. Sept. 21, 2010) (per curiam).
Dr. John W. Davis, a clinical psychologist, consultatively examined Dennison on May 19, 2015. (Tr. 247-51.) Mental status examination/observations revealed the following: (1) Dennison's general appearance and behavior were essentially normal/satisfactory, with specific notation being made that he had no unusual mannerisms, tics or gestures or unusual prominent characteristics; his appearance, dress, grooming and hygiene were satisfactory and casual; and interaction with the clinic staff and the examiner was satisfactory; (2) he showed no abnormalities that would interfere with communication and, indeed, normal communication was established; (3) he did have blunted mood and expression; (4) he was oriented to person, place and time; he was able to handle serial 7's without difficulty, make change and do simple arithmetic, count backwards from 20 to 1 without difficulty, spell "world" backward, and there were no indications of deficits in his overall concentration or attention; his immediate, recent and remote memory were adequate (for instance, he could recall 2 of 3 objects in one minute and 2 of 3 objects in 5 minutes, he could describe his activities of "recent" successive days without difficulty, and he could remember the date of Christmas and details about his previous employment); his fund of information was adequate (for instance, he could name the President, but not the Governor and Mayor, and that there were 52 weeks in a year); abstract thinking was normal (for instance, he could see similarities between paired objects and he could interpret proverbs); thought processes were normal, as there was no confusion, loose associations, tangential or circumstantial thinking; as for thought content, there were no indications of hallucinations or delusion, no homicidal or suicidal ideation, no preoccupations, obsessions, phobias, ruminations, or somatization, but there were feelings of detachment form his environment and he did show depersonalization, doubting, indecision, unworthiness, and helplessness ideations; judgment and insight were fair; and he was reported as having normal relationships with his family and peers. (Tr. 248-49.) Dennison's reported activities of daily living included residing with his mom, spending his day looking after his dogs and working on a book, engaging in several hobbies (reading, writing, playing games), helping with the cooking and cleaning, and having no difficulties with personal hygiene. (Id. at 249-50.) Intelligence testing, which was determined to be reliable and valid (see id. at 250 ("Rapport was established and maintained. The claimant cooperated with the examiner, appearing friendly as well as comfortable in the test setting. Verbal expression was understandable for the purpose of testing. Attention was adequate as the claimant appeared to give some thought to ideas before responding. There were no visual, hearing, or other physical problems, nor recent or prior exposure to testing that could have affected the results. The test results are consistent with the claimant's education, vocational background, and social judgment, especially in the area of self-sufficiency.")), revealed a Full Scale IQ of 93, placing Dennison in the average range of intellectual functioning. (Id.) In a separate paragraph designated "Personality," Dr. Davis noted that Dennison was showing and/or reporting the following symptoms relative to the autism spectrum: deficits in social and communication skills and in social reciprocity; difficulty in sustaining attention and adapting to change; and problems concentrating. (Id.)
Dr. Davis' diagnostic impression was Autism Spectrum Disorder and the clinical psychologist's prognosis was guarded. (Id. at 251 ("It is unlikely to change within the next six to twelve months because limitations are related to poor social skills and his dependency.")). Dr. Davis conclude his examination with the following comments:
(Id.)
On October 17, 2017, Licensed Professional Counselor Robin Wood completed a mental residual functional capacity questionnaire and thereon indicated that Dennison has moderate impairment
The ALJ accorded partial weight to Dr. Davis' opinions and little weight Wood's opinions. (Tr. 20-21.)
(Id. (internal citations omitted)).
The Court begins its analysis by observing that the ALJ's findings that Dr. Davis' and Counselor Wood's opinions are not supported by clinical evidence or by adequate explanation (Tr. 20-21), if accurate, constitute valid reasons for failing to accord those opinions the partial or little weigh afforded them. Cf. Gilabert, supra, 396 Fed.Appx. at 655 (recognizing that good cause for rejecting a treating physician's opinion include that the opinion is conclusory and inconsistent with the doctor's own medical records, the opinion is not bolstered by the evidence, and that the evidence supports a contrary finding).
Turning first to Dr. Davis, the ALJ "accepted" the examiner's opinion that Dennison's "ability to understand and remember simple instructions, carry out simple instructions, and make judgments on simple work-related decisions is good." (Tr. 251; compare id. with Tr. 20-21.) Indeed, even Counselor Wood indicated that Dennison would have no problems with performing simple tasks and with understanding, carrying out and remembering instructions. (See id. at 279 & 280.) Where the ALJ "partially" diverged with Dr. Davis was with respect to the consultative examiner's opinion that Dennison's "ability to interact appropriately with the public, interact appropriately with supervisors and co-workers[,] and to respond appropriately to usual work situations and to changes in [a] routine setting is poor." (Tr. 251; compare id. with Tr. 20-21 (rejecting this opinion)).
This Court agrees with the ALJ that Dr. Davis' clinical observations and findings do not support the examiner's opinions that Dennison would have a "poor" ability to respond appropriately to changes a routine work setting and a "poor" ability to interact appropriately with supervisors and coworkers. In particular, one-time examiner Dr. Davis specifically observed that Dennison satisfactorily interacted with him and his staff (Tr. 248), demonstrated no abnormalities interfering with the ability to communicate or deficits in his overall concentration and attention (id.), cooperated with the examiner on intelligence testing, and, indeed, appeared "friendly as well as comfortable in the test setting." (Tr. 250.) Accordingly, the undersigned discerns no error in the ALJ's decision to give Dr. Davis' opinion only partial weight vis-à-vis limitations with respect to changes in a routine work setting and interacting appropriately with supervisors and coworkers, see Gilabert, supra, 396 Fed.Appx. at 655, and, instead, giving greater weight to the RFC findings of non-examiner Dr. Arnold Mindingall, who copiously reviewed Dr. Davis' report and determined that Dennison's contact with supervisors and coworkers should be casual, informal and not prolonged and that changes in work routine should be infrequent and presented gradually (Tr. 64-65; compare id. with Tr. 21).
With respect Counselor Robin Wood, the ALJ gave little weight to her October 17, 2017 mental residual functional capacity assessment (compare Tr. 21 with Tr. 279-80). And while, as observed above, some of Counselor Wood's own "limitation" findings are entirely consistent with the ALJ's RFC determination (compare id. with Tr. 19), the undersigned discerns no error with respect to the ALJ's affording only "little" weight to Wood's opinions. For instance, the Court agrees with the ALJ that Wood's comment on the questionnaire that Dennison could not, essentially, sustain the ability to work (see Tr. 280) is "speculative" and also "inconsistent with the claimant's normal concentration, ability to perform serial seven calculations, and ability to write a book[.]" (Tr. 21.) Moreover, the ALJ is absolutely correct that Counselor Wood's mental RFC findings are not supported by any clinical evidence, either her own or the evidence from Dr. Davis. (See Tr. 21.) Wood's psychotherapy notes reflect that Dennison's therapy was "progressing" (compare, e.g., Tr. 263-67 with Tr. 259-62) and, indeed, on the date Wood completed the questionnaire, she had a session with Plaintiff for which he was happy to appear and had a lot to share, presented as oriented and alert, with an appropriate affect and euthymic mood,
In light of the foregoing, the Court finds that good cause existed for the ALJ to afford only partial weight to the opinions voiced by Dr. Davis on May 19, 2015 and little weight to Counselor Wood's mental RFC findings/limitations/opinions. Cf., e.g., Hunter v. Social Sec. Admin., Commissioner, 808 F.3d 818, 823 (11th Cir. 2015) ("We will not second guess the ALJ about the weight the treating physician's opinion deserves so long as he articulates a specific justification for it."), cert. denied, 136 S.Ct. 2487, 195 L.Ed.2d 823 (2016), with Gilabert, supra, 396 Fed.Appx. at 655 (recognizing that good cause exists to reject even a treating physician's opinions/findings where those findings/opinions are conclusory or inconsistent with the doctor's own medical records). Finally, any suggestion by Plaintiff that the ALJ improperly "cherry-picked" from the medical evidence to develop an RFC assessment and, in doing so, improperly substituted her own opinion for that of Dr. Davis and Counselor Wood, is belied by the record, a record which establishes good cause for the weight ("partial") the ALJ assigned to Dr. Davis' opinions regarding Dennison's abilities to interact with supervisors and coworkers and to respond to changes in a routine work setting and the weight ("little") afforded Counselor Wood's mental RFC findings/limitations/opinions, while at the same time supplying substantial evidence to support the ALJ's RFC determination
Given that Dennison's overarching assignment of error is properly overruled and Plaintiff does not challenge the VE's identification of medium and light jobs an individual with the residual functional capacity reflected in the decision can perform (compare Doc. 10 with Tr. 19, 22 & 50-51), the Commissioner's fifth-step determination is due to be affirmed. See, e.g., Owens v. Commissioner of Social Security, 508 Fed.Appx. 881, 883 (11th Cir. Jan. 28, 2013) ("The final step asks whether there are significant numbers of jobs in the national economy that the claimant can perform, given h[er] RFC, age, education, and work experience. The Commissioner bears the burden at step five to show the existence of such jobs . . . [and one] avenue[] by which the ALJ may determine [that] a claimant has the ability to adjust to other work in the national economy . . . [is] by the use of a VE[.]"(internal citations omitted)); Land v. Commissioner of Social Security, 494 Fed.Appx. 47, 50 (11th Cir. Oct. 26, 2012) ("At step five . . . `the burden shifts to the Commissioner to show the existence of other jobs in the national economy which, given the claimant's impairments, the claimant can perform.' The ALJ may rely solely on the testimony of a VE to meet this burden." (internal citations omitted)). In short, substantial evidence supports the ALJ's determination that Dennison is not disabled.
It is