ERIN L. SETSER, Magistrate Judge.
Plaintiff, Chad Angst, 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 his claims for a period of disability and disability insurance benefits (DIB) and supplemental security income (SSI) benefits under the provisions of Titles II and 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 his current applications for DIB and SSI on April 6, 2011, and July 18, 2011, respectively, alleging an inability to work since June 30, 2010, due to depression and arthritis. (Tr. 78, 89, 216). An administrative hearing was held on March 8, 2012, at which Plaintiff appeared with counsel and testified. (Tr. 248-271).
By written decision dated May 4, 2012, 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: a fracture of the left ankle status post ORIF, depression, and borderline intellectual functioning. 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. 13). The ALJ found Plaintiff retained the residual functional capacity (RFC) to:
(Tr. 15). With the help of a vocational expert, the ALJ determined Plaintiff could perform work as a hand packer, and a kitchen helper-dishwasher. (Tr. 21).
Plaintiff then requested a review of the hearing decision by the Appeals Council, which denied that request on February 13, 2013. (Tr. 3-6). Subsequently, Plaintiff filed this action. (Doc. 1). This case is before the undersigned pursuant to the consent of the parties. (Doc. 7). Both parties have filed appeal briefs, and the case is now ready for decision. (Docs. 12,13).
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 his disability by establishing a physical or mental disability that has lasted at least one year and that prevents him 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 his 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 his age, education, and experience.
Plaintiff argues the following issue on appeal: 1) the ALJ erred in determining that Plaintiff did not meet Listing 12.05(c); 2) the ALJ erred in determining Plaintiff could perform other work at Step 5 of the Sequential Evaluation Process; 3) the ALJ erred in only giving partial weight to the opinion of Dr. Stephen P. Nichols when determining Plaintiff's RFC; and 4) the ALJ erred in not finding Plaintiff's schizoid personality disorder to be a severe impairment. The Court notes Plaintiff's arguments will be discussed out of sequence below.
At Step Two of the sequential analysis, the ALJ is required to determine whether a claimant's impairments are severe.
The ALJ clearly considered all of Plaintiff's impairments, including the impairments that were found to be non-severe.
Under Listing 12.05C, a claimant suffers from the required severity of mental retardation if he shows a valid verbal, performance, or full scale IQ of 60 through 70, with an onset prior to age 22, and a physical or other mental impairment imposing an additional and significant work-related limitation of function. 20 C.F.R. Pt. 404, Subpt. P, App. 1, § 12.05C;
The Court finds, based upon the well-stated reasons outlined in the Defendant's brief, that Plaintiff's argument is without merit, and that there was sufficient evidence for the ALJ to make an informed decision. Therefore, the Court finds there is substantial evidence of record to support the ALJ's finding that Plaintiff did not meet Listing 12.05C.
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 his medical records when he determined Plaintiff could perform medium work with limitations. The Court notes that in determining Plaintiff's RFC, the ALJ discussed the medical opinions of examining and non-examining medical professionals, including the opinions of Drs. John Gaston, Stephen P. Nichols, Tad Michael Morgan, Christal Janssen, Bill F. Payne, Sharon Keith, and Kay M. Gale, and set forth the reasons for the weight given to the opinions.
With regard to Dr. Nichols' opinion that Plaintiff had a schizoid personality disorder, the ALJ noted that he did not give this diagnosis weight as the record revealed Plaintiff was able to maintain outside employment for seventeen years, to meet and marry his wife, to assist in the daily care of his children, to shop, to go out alone, to attend medical appointments, and to go out to dinner occasionally with his family. This determination is further supported by the opinions of Drs. Janssen and Gale, both non-examining medical consultants, who after reviewing the evaluation of Dr. Nichols and the record, opined Plaintiff would be able to perform unskilled work. The ALJ also noted that Dr. Gaston indicated that Plaintiff and his wife reported some improvement with his anger with the use of medication. (Tr. 159).
As for Plaintiff's physical limitations, while the non-examining medical consultants opined Plaintiff could perform light work, the ALJ set forth his reasoning for not giving full weight to these opinions. The ALJ also specifically addressed the weight that was given to Dr. Morgan's assessment. In declining to give full weight to these medical opinions, the ALJ noted that Plaintiff testified that his ankle impairment did not keep him from working, rather he was unable to work due to his depression and inability to get along with others. (Tr. 257). The ALJ also pointed out that Plaintiff's ankle injury occurred in 2004, and that Plaintiff was able to maintain his employment which included frequently lifting up to twenty-five pounds and occasionally lifting one hundred pounds or more, until he had a disagreement with his father in June of 2010. (Tr. 105). The record revealed that in April of 2011, Plaintiff saw Dr. Gaston with complaints of depression and while he reported chronic ankle pain a physical examination was deferred. (Tr. 214). The record further revealed that Plaintiff took only over-the-counter medication for his alleged disabling ankle and left shoulder pain. (Tr. 258). Based on the record as a whole, the Court finds substantial evidence to support the ALJ's RFC determination for the relevant time period.
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 his pain; (3) precipitating and aggravating factors; (4) dosage, effectiveness, and side effects of his 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
The ALJ further noted that Plaintiff testified that he first received unemployment benefits in October of 2010, and drew unemployment for about one year. (Tr. 254-255). The Court notes "[a] claimant may admit an ability to work by applying for unemployment compensation benefits because such an applicant must hold himself out as available, willing and able to work."
The Court would also note that while Plaintiff indicated that he did not seek the recommended mental health 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 limitation, he has not established that he is unable to engage in any gainful activity. Accordingly, the Court concludes that substantial evidence supports the ALJ's conclusion that Plaintiff's subjective complaints were not totally credible.
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.