BETH DEERE, Magistrate Judge.
Plaintiff Tareea Ford appeals the final decision of the Commissioner of the Social Security Administration (the "Commissioner") denying her claims for Disability Insurance benefits ("DIB") under Title II of the Social Security Act (the "Act") and for Supplemental Security Income ("SSI") benefits under Title XVI of the Act. For reasons set out below, the decision of the Commissioner is AFFIRMED.
On April 5, 2011, Ms. Ford protectively filed for DIB and SSI benefits due to bipolar disorder, schizophrenia, depression, and anxiety. (Tr. 143) Ms. Ford's claims were denied initially and upon reconsideration. At Ms. Ford's request, an Administrative Law Judge ("ALJ") held a hearing on September 6, 2012, where Ms. Ford appeared with her lawyer. At the hearing, the ALJ heard testimony from Ms. Ford and a vocational expert ("VE"). (Tr. 27-50)
The ALJ issued a decision on October 11, 2012, finding that Ms. Ford was not disabled under the Act. (Tr. 11-22) The Appeals Council denied Ms. Ford's request for review, making the ALJ's decision the Commissioner's final decision. (Tr. 1-3)
Ms. Ford, who was 21 years old at the time of the second hearing, had a ninth-grade education and past relevant work experience as a poultry worker. (Tr. 32, 41)
The ALJ found that Ms. Ford had not engaged in substantial gainful activity since April 15, 2010, and that she had the following severe impairments: depression and anxiety. (Tr. 14) The ALJ also found that Ms. Ford did not have an impairment or combination of impairments meeting or equaling an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1.
According to the ALJ, Ms. Ford had the residual functional capacity ("RFC") to do a full range of work at all exertional levels, with some limits to accommodate her impairments. She would be able to respond appropriately to coworkers and supervisors and minor changes in the usual work routine; but she could have only occasional contact with coworkers and supervisors, could not deal with the general public, and could have no exposure to dangerous equipment, or unprotected heights, and could not operate motor vehicles. (Tr. 16) After considering the VE's testimony, the ALJ determined that Ms. Ford could perform her past relevant work as a poultry packager, and therefore determined that Ms. Ford was not disabled.
In reviewing the Commissioner's decision, this Court must determine whether there is substantial evidence in the record as a whole to support the decision. Boettcher v. Astrue, 652 F.3d 860, 863 (8th Cir. 2011); 42 U.S.C. § 405(g). Substantial evidence is "less than a preponderance, but sufficient for reasonable minds to find it adequate to support the decision." Id. (citing Guilliams v. Barnhart, 393 F.3d 798, 801 (8th Cir. 2005)).
In reviewing the record as a whole, the Court must consider both evidence that detracts from the Commissioner's decision and evidence that supports the decision; but, the decision cannot be reversed, "simply because some evidence may support the opposite conclusion." Id. (citing Pelkey v. Barnhart, 433 F.3d 575, 578 (8th Cir. 2006)).
Ms. Ford asserts that the Commissioner's decision should be reversed because it is not supported by substantial evidence. Specifically, she contends that the ALJ erred: (1) in finding she did not meet listing 12.04; and (2) in the RFC finding. (Doc. No. 12)
Ms. Ford argues that she satisfied listing 12.04, and that the ALJ erred by finding otherwise. In addition to part A of listing 12.04, Ms. Ford had to meet at least two of the criteria in part B of listing 12.04:
Ms. Ford argues that her "aggressive and assaultive behavior," as well as isolation, amounted to marked difficulties in social functioning. She also argues that her "difficulty in concentrating and her hallucinations" caused marked difficulties with concentration, persistence, and pace. Ms. Ford does not argue (nor is there evidence to support) that she met the listing in sub-parts 1 and 4, so she must meet both sub-parts 2 and 3 to meet listing 12.04.
The ALJ found that Ms. Ford had only moderate difficulties in her social functioning. The evidence supports a finding that when Ms. Ford was on her medications she got along well with co-workers, friends, and family. In fact, on the function report she filled out, she indicated that she visited, talked, and laughed with relatives and had no problems getting along with family, friends, or neighbors. (Tr. 166-167) The few references in the record to disagreements with her boyfriend and parents do not rise to the level of "marked difficulties" and appear to be situational.
Ms. Ford argues that her difficulty concentrating and her hallucinations affect her concentration, persistence, and pace. Based on the records, her problems in these areas occurred during the time she was pregnant (2009 and 2010), and not taking her medications. Ms Ford gave birth to her son in May 2010, and later that month was hospitalized for several days because of manic episodes. (Tr. 250-252) Following hospitalization, Ms. Ford worked with her doctors to get her medications properly adjusted. In August and September 2010, she was "doing fine" on her medications, her "attention and concentration were intact," and there were no "auditory, visual, and tactile hallucinations." (Tr. 429-430)
In November 2010, Ms. Ford reported that she could tell she was better when she took her medications. She repeatedly denied any "auditory, visual, and tactile hallucinations" from this time through August of 2011. (Tr. 366, 380, 384, 387, 392, 421, 423)
During a physical examination in February 2011, Ms. Ford again reported that she was doing well on her medications and repeatedly reported "doing good" throughout 2011. (Tr. 365, 383, 386, 395, 407) December 2011 notes reveal that Ms. Ford had experienced only one episode of "high energy, aggression, and hallucinations" over the past three years. (Tr. 377) After the December 2011 appointment, as the record shows, Ms. Ford did not seek treatment again until August of 2012. At that time she reported having issues with her boyfriend and claimed that she was having hallucinations. She testified at the hearing, however, that she had not taken her medications since December of 2011. (Tr. 38)
Based on the record, Ms. Ford's concentration and hallucinations were adequately controlled by medications, which supports the finding that the impairments were not disabling.
Ms. Ford also argues that the ALJ underestimated the effects of her mental impairments in the RFC determination. She points out that an examining physician, whose report the ALJ relied on, found that Ms. Ford could handle work-like pressures and tasks if her mood was stabilized. Importantly, Ms. Ford's mood
The Court has reviewed the entire record, including the ALJ's decision, the transcript of the hearing, and the medical and other evidence. In addition, the Court has read and considered the parties' briefs. There is substantial evidence in the record as a whole to support the Commissioner's decision. Accordingly, Ms. Ford's appeal is DENIED, and the Clerk of Court is directed to close the case.
IT IS SO ORDERED.