ERIN L. SETSER, Magistrate Judge.
Plaintiff, Tonya Elaine Cooley, 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 claims for a period of disability and disability insurance benefits (DIB) under the provisions of Title II 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 DIB on August 19, 2011, alleging an inability to work since June 1, 2008, due to a thyroid problem, Graves Disease, "Reno's" Disease, anxiety, depression, panic attacks, borderline personality disorder, obsessiveness, and Lyme Disease. (Tr. 168, 212). For DIB purposes, Plaintiff maintained insured status through December 31, 2010. (Tr. 20, 176). An administrative video hearing was held on July 25, 2012, at which Plaintiff appeared with counsel and testified. (Tr. 62-118).
By written decision dated October 3, 2012, the ALJ found that during the relevant time period, Plaintiff had an impairment or combination of impairments that were severe. (Tr. 22). Specifically, the ALJ found Plaintiff had the following severe impairments: hypothyroidism; history of Lyme disease; depressive disorder; and 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. 23). The ALJ found that through the date last insured, Plaintiff retained the residual functional capacity (RFC) to:
(Tr. 25). With the help of a vocational expert, the ALJ determined that through the date last insured, Plaintiff could perform work as a clerical worker, and a machine tender. (Tr. 29).
Plaintiff then requested a review of the hearing decision by the Appeals Council, which denied that request on November 1, 2013. (Tr. 1-6). Subsequently, Plaintiff filed this action. (Doc. 1). This case is before the undersigned pursuant to the consent of the parties. (Doc. 5). Both parties have filed appeal briefs, and the case is now ready for decision. (Doc. 15; Doc. 17).
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 failing to give due consideration to Plaintiff's medically documented Raynaud's Syndrome and the limitations caused by Raynaud's in combination with her other impairments in assessing her residual functional capacity, pursuant to SSR 96-8P; 2) the ALJ erred in his assessment of the claimant's RFC which relied upon an inadequate hypothetical that was silent regarding the claimant's limitations in the areas of concentration, persistence and pace; and 3) the Commissioner failed to identify jobs that currently exist in significant numbers in the national economy; and, therefore failed to meet her burden at step five.
In order to have insured status under the Act, an individual is required to have twenty quarters of coverage in each forty-quarter period ending with the first quarter of disability. 42 U.S.C. § 416(i)(3)(B). Plaintiff last met this requirement on December 31, 2010. Regarding Plaintiff's application for DIB, the overreaching issue in this case is the question of whether Plaintiff was disabled during the relevant time period of June 1, 2008, her alleged onset date of disability, through December 31, 2010, the last date she was in insured status under Title II of the Act.
In order for Plaintiff to qualify for DIB she must prove that, on or before the expiration of her insured status she was unable to engage in substantial gainful activity due to a medically determinable physical or mental impairment which is expected to last for at least twelve months or result in death.
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.
Plaintiff argues that the ALJ erred in failing to consider all of the claimant's impairments in combination.
The ALJ stated that in determining Plaintiff's RFC, he considered "all of the claimant's impairments, including impairments that are not severe." (Tr. 21). The ALJ further found that the Plaintiff did not have an impairment or combination of impairments that met or medically equaled one of the listed impairments. (Tr. 23). Such language demonstrates the ALJ considered the combined effect of Plaintiff's impairments.
We now address the ALJ's assessment of Plaintiff's subjective complaints. 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, it is clear that the ALJ properly considered and evaluated Plaintiff's subjective complaints, including the
Therefore, although it is clear that Plaintiff suffers with some degree of limitation, she has not established that she was unable to engage in any gainful activity during the time period in question. Accordingly, the Court concludes that substantial evidence supports the ALJ's conclusion that Plaintiff's subjective complaints were not totally credible.
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 finding Plaintiff able to perform sedentary work with limitations, the ALJ considered Plaintiff's subjective complaints, the medical records of her treating and examining physicians, and the evaluations of the non-examining medical examiners. Plaintiff's capacity to perform this level of work is supported by the fact that Plaintiff's examining physicians placed no restrictions on her activities that would preclude performing the RFC determined during the relevant time period.
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.
In response to the ALJ's hypothetical question, the vocational expert testified work existed in the national economy consistent with the limitations found by the ALJ. (Tr. 105). The vocational expert testified that at the sedentary level, the hypothetical person would be able to perform basic unskilled clerical worker jobs. (Tr. 105). The vocational expert gave one example Dictionary of Occupational Titles (DOT) #249.587-018, noting 580 jobs in the state of Arkansas, and 78,000 jobs in the national economy. (Tr. 105). The vocational expert testified that the hypothetical person could also perform machine tender jobs. (Tr. 106). The vocational expert gave one example, DOT #692.685-266, noting 225 jobs in the state of Arkansas, and 16,500 in the national economy. (Tr. 106). The vocational expert also testified her testimony was consistent with the DOT. (Tr. 107).
Plaintiff believes the two examples of jobs listed by the vocational expert are obsolete. Plaintiff argues relying on the DOT compromises the entire disability adjudication system because it is outdated. She suggests the SSA should instead use the Occupational Information Network ("O-NET"), a database compiled and continually updated by the Department of Labor. (Pl. Br. 9-10). Plaintiff did not raise her argument that these jobs were obsolete before the ALJ, and O-NET was not referenced in the record.
As Plaintiff points out, the Department of Labor no longer maintains or publishes the DOT, which was last updated in 1991, and O-NET is a more current source of occupational information.
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.