ERIN L. SETSER, Magistrate Judge.
Plaintiff brings this action pursuant to 42 U.S.C. § 405(g), seeking judicial review of a decision of the Commissioner of the Social Security Administration (Commissioner) denying her claim for supplemental security income (SSI) benefits under the provisions of Title XVI of the Social Security Act (Act). In this judicial review, the Court must determine whether there is substantial evidence in the administrative record to support the Commissioner's decision.
Plaintiff protectively filed her current application for SSI on October 27, 2010, alleging an inability to work due to post-traumatic stress disorder, left knee problems, bipolar disorder, anxiety, and a back injury. (Tr. 97, 128). An administrative hearing was held on October 18, 2011, at which Plaintiff appeared with counsel and testified. (Tr. 51-73).
By written decision dated November 4, 2011, the ALJ found that during the relevant time period, Plaintiff had an impairment or combination of impairments that were severe. (Tr. 12). Specifically, the ALJ found Plaintiff had the following severe impairments: disorder of the knee, status post arthroscopic surgery, a dysthymic disorder, and an anxiety disorder. However, after reviewing all of the evidence presented, the ALJ determined that Plaintiff's impairments did not meet or equal the level of severity of any impairment listed in the Listing of Impairments found in Appendix I, Subpart P, Regulation No. 4. (Tr. 12). The ALJ found Plaintiff retained the residual functional capacity (RFC) to:
(Tr. 14). With the help of a vocational expert, the ALJ determined Plaintiff could perform work as a compression molding machine tender, a riveting machine tender, a bindery machine tender, a motel maid, and a production and assembler worker. (Tr. 17-18).
Plaintiff then requested a review of the hearing decision by the Appeals Council, which denied that request on November 21, 2012. (Tr. 1-6). Subsequently, Plaintiff filed this action. (Doc. 1). This case is before the undersigned pursuant to the consent of the parties. (Doc. 4). Both parties have filed appeal briefs and Plaintiff filed a Reply, and the case is now ready for decision. (Docs. 9,10,11).
The Court has reviewed the entire transcript. The complete set of facts and arguments are presented in the parties' briefs, and are repeated here only to the extent necessary.
This Court's role is to determine whether the Commissioner's findings are supported by substantial evidence on the record as a whole.
It is well-established that a claimant for Social Security disability benefits has the burden of proving her disability by establishing a physical or mental disability that has lasted at least one year and that prevents her from engaging in any substantial gainful activity.
The Commissioner's regulations require her to apply a five-step sequential evaluation process to each claim for disability benefits: (1) whether the claimant has engaged in substantial gainful activity since filing her claim; (2) whether the claimant has a severe physical and/or mental impairment or combination of impairments; (3) whether the impairment(s) meet or equal an impairment in the listings; (4) whether the impairment(s) prevent the claimant from doing past relevant work; and, (5) whether the claimant is able to perform other work in the national economy given her age, education, and experience.
Plaintiff argues the following issues on appeal: 1) the ALJ erred in rejecting Plaintiff's complaints of disabling pain; and 2) the ALJ failed to fully and fairly develop the record.
While an ALJ is required to develop the record fully and fairly,
The ALJ was required to consider all the evidence relating to Plaintiff's subjective complaints including evidence presented by third parties that relates to: (1) Plaintiff's daily activities; (2) the duration, frequency, and intensity of her pain; (3) precipitating and aggravating factors; (4) dosage, effectiveness, and side effects of her medication; and (5) functional restrictions.
After reviewing the administrative record, and the Defendant's well-stated reasons set forth in her brief, it is clear that the ALJ properly considered and evaluated Plaintiff's subjective complaints, including the
With regard to her alleged back impairment, the record revealed that Plaintiff was hit by a vehicle while she was walking in a parking lot on April 15, 2011. Emergency room notes indicated that Plaintiff had normal range of motion but did exhibit tenderness. Plaintiff was diagnosed with a cervical strain and prescribed medication. (Tr. 249-263). The record revealed that Plaintiff sought treatment for back pain again on July 18, 2011. (Tr. 425-428). At that time, Plaintiff was noted to have a non-tender back with normal range of motion and alignment, but with bilateral lumber tenderness spasm. Plaintiff was noted to have a normal range of motion in her extremities and her motor strength was within normal limits. Plaintiff was diagnosed with lumbosacral strain. The record revealed that Plaintiff received chiropractic care beginning on July 29, 2011, and was noted to be experiencing slow but good progress at her last visit on August 23, 2011. (Tr. 449-458). The August 23, 2011, notation indicated that Plaintiff was to continue with two more weeks of treatment. The Court notes that Plaintiff's counsel submitted all of the chiropractic treatment notes to the ALJ after the administrative hearing in October of 2011, and there is no indication that Plaintiff continued with chiropractic treatment after August 23, 2011, despite the recommendation that she continue treatment for at least two more weeks.
The Court would also note that while Plaintiff alleged an inability to seek treatment due to a lack of finances, the record is void of any indication that Plaintiff had been denied treatment due to the lack of funds.
Therefore, although it is clear that Plaintiff suffers with some degree of pain, she has not established that she is unable to engage in any gainful activity.
RFC is the most a person can do despite that person's limitations. 20 C.F.R. § 404.1545(a)(1). It is assessed using all relevant evidence in the record.
In the present case, the ALJ considered the medical assessments of examining and non-examining agency medical consultants, Plaintiff's subjective complaints, and her medical records when he determined Plaintiff could perform light work with limitations. The Court finds, based upon the well-stated reasons outlined in the Defendant's brief, that Plaintiff's argument is without merit, and there was sufficient evidence for the ALJ to make an informed decision. Plaintiff's capacity to perform light work with limitations is also supported by the fact that the medical evidence does not indicate that Plaintiff's examining physicians placed restrictions on her activities that would preclude performing the RFC determined.
After thoroughly reviewing the hearing transcript along with the entire evidence of record, the Court finds that the hypothetical the ALJ posed to the vocational expert fully set forth the impairments which the ALJ accepted as true and which were supported by the record as a whole.
Accordingly, having carefully reviewed the record, the undersigned finds substantial evidence supporting the ALJ's decision denying the Plaintiff benefits, and thus the decision should be affirmed. The undersigned further finds that the Plaintiff's Complaint should be dismissed with prejudice.