ERIN L. SETSER, Magistrate Judge.
Plaintiff, Camille R. McKee, 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) 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 filed her current application for SSI on January 20, 2012, alleging an inability to work since January 20, 2012, due to back problems, depression, hearing loss, asthma, knee problems, and hips. (Tr. 19, 66, 79). An administrative hearing was held on April 10, 2013, at which Plaintiff appeared with counsel, and she and a friend testified. (Tr. 198-239).
By written decision dated June 14, 2013, the ALJ found that during the relevant time period, Plaintiff had an impairment or combination of impairments that were severe — degenerative disc disease of the lumbar spine, scoliosis, degenerative joint disease of the knees, bilateral sensorineural hearing loss, and asthma. (Tr. 12). 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. 13). With the help of the vocational expert (VE), the ALJ determined that Plaintiff was capable of performing past relevant work as a general office clerk and grocery checker. (Tr. 17).
Plaintiff then requested a review of the hearing decision by the Appeals Council, which denied that request on August 4, 2014. (Tr. 3-6). Subsequently, Plaintiff filed this action. (Doc. 1). This case is before the undersigned pursuant to the consent of the parties. (Doc. 6). Both parties have filed appeal briefs, and the case is now ready for decision. (Docs. 9, 10).
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 had engaged in substantial gainful activity since filing her claim; (2) whether the claimant had a severe physical and/or mental impairment or combination of impairments; (3) whether the impairment(s) met or equaled an impairment in the listings; (4) whether the impairment(s) prevented the claimant from doing past relevant work; and (5) whether the claimant was able to perform other work in the national economy given her age, education, and experience.
Plaintiff raises the following issue in this matter — whether the ALJ erred in failing to find Plaintiff's hip pain/bursitis a severe impairment. (Doc. 9).
An impairment is severe within the meaning of the regulations if it significantly limits an individual's ability to perform basic work activities. 20 C.F.R. §§ 1520(a)(4)ii), 416.920(a)(4)(ii). An impairment or combination of impairments is not severe when medical and other evidence establish only a slight abnormality or a combination of slight abnormalities that would have no more than a minimal effect on an individual's ability to work. 20 C.F.R. § § 404.1521, 416.921. The Supreme Court has adopted a "de minimis standard" with regard to the severity standard.
The Court first notes that there are minimal medical records in this case. On April 27, 2012, Dr. Shannon Brownfield conducted a General Physical Examination, wherein Dr. Brownfield found Plaintiff had reduced range of motion in her hip with significant pain, and that Plaintiff could not squat/arise from a squatting position due to her hip pain. (Tr. 136-137). Dr. Brownfield concluded that Plaintiff had moderate limitation in prolonged "position/stoop/lift/stand." (Tr. 138). On April 28, 2012, non-examining consultant, Dr. Sharon Keith, completed a Physical RFC Assessment form, wherein she found Plaintiff could perform light work with certain postural and environmental limitations. (Tr. 139).
On July 3, 2012, another General Physical Examination was performed by Dr. Anandaraj Subramanium, wherein he found Plaintiff had 90 degrees range of motion in flexion of both of her hips, rather than the normal 100 degrees, and 100 degrees range of motion in flexion of her knees, rather than the normal 150 degrees. (Tr. 168). He also found that Plaintiff had 70 degrees range of motion in flexion of her lumbar spine, rather than the normal 90 degrees. (Tr. 168). Dr. Subramanium reported that Plaintiff could perform all limb functions, except she could not walk on her heel and toes and could not squat/arise from a squatting position. (Tr. 169). He did not diagnosis Plaintiff with a hip condition, but rather diagnosed her with a history of chronic back pain with left lower extremity radiculopathy, history of bilateral hearing loss, history of asthma, and a history of knee pain. (Tr. 170). He concluded Plaintiff had moderate limitation in prolonged "walk, stand, sit, lift, carry or handle or hear." (Tr. 170).
On August 21, 2012, non-examining consultant, Dr. Alice M. Davidson, completed a Physical RFC Assessment, wherein she found that Plaintiff could perform light work with postural restrictions, hearing restrictions, and environmental restrictions. (Tr. 192).
Considering the above records, it is clear that Plaintiff sought no medical treatment during the relevant time period for hip pain or bursitis, which contradicts her claim of a severe impairment in her hips.
Nor has Plaintiff proven or alleged any particular additional limitations on the RFC that arise from hip pain/bursitis. Finally, even though Plaintiff asserts that she was unable to afford treatment, there is no indication that Plaintiff was turned down by any health care provider for financial reasons. Further, Plaintiff smoked cigarettes, and was somehow able to afford cigarettes, which discredits her disability allegations.
In his decision, the ALJ noted that Plaintiff reported she had arthritis in her back, hips, and knees, and that Plaintiff's medications included Naproxen and Chantix. (Tr. 13-14). He also discussed Plaintiff's daily activities, and the fact that no physician placed any functional restrictions on her activities that would preclude work activity. (Tr. 14).
Based upon the foregoing, the Court finds that Plaintiff has failed to meet her burden of proving that she has a severe impairment of hip pain/bursitis, and finds there is substantial evidence to support the ALJ's decision regarding severe impairments.
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.
The Court finds there is substantial evidence to support the ALJ's credibility analysis.
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.
As stated earlier, the ALJ found Plaintiff had the RFC to perform light work with moderate hearing loss and environmental limitations. The ALJ discussed the minimal medical records as well as the opinions of the examining and non-examining physicians. He also addressed the testimony of Plaintiff's friend and the documents from Plaintiff's husband and ex-husband. The ALJ also gave some weight to the assessments of Dr. Brownfield and Dr. Subramanium to the extent there opinions were consistent with the medical evidence of record and Plaintiff's testimony. (Tr. 16). He gave little weight to Dr. Sharon Keith's assessment, because he found her findings were not fully supported by the objective medical evidence that showed she had hearing loss. (Tr. 16). He gave the opinion of Dr. Davidson great weight (Tr. 17), and gave little weight to Plaintiff's testimony, because he did not believe the evidence supported her ultimate allegation of disability. (Tr. 17).
Based upon a review of the record as a whole, the Court finds there is substantial evidence to support the ALJ's RFC determination, and the fact that his RFC included all of the Plaintiff's impairments that are supported by the record.
At the hearing held before the ALJ, the ALJ posed the following hypothetical questions to the VE:
(Tr. 232-233).
After thoroughly reviewing the hearing transcript along with the entire evidence of record, the Court finds that the hypothetical questions 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 Court finds substantial evidence supporting the ALJ's decision denying the Plaintiff benefits, and thus the decision is hereby affirmed. The Plaintiff's Complaint should be, and is hereby, dismissed with prejudice.
IT IS SO ORDERED.