ERIN L. SETSER, Magistrate Judge.
Plaintiff, Wanda G. Phillips, 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 July 11, 2012, alleging an inability to work since June 16, 2008, due to depression, borderline personality, bladder incontinence, asthma, shortness of breath, restless leg syndrome, sleep apnea, type 2 diabetes, morbid obesity, past knee replacements (both), and past thyroidectomy. (Tr. 131-132, 294). For DIB purposes, Plaintiff maintained insured status through June 30, 2010. (Tr. 299). An administrative video hearing was held on March 11, 2014, at which Plaintiff appeared with counsel and testified. (Tr. 89-128).
By written decision dated August 19, 2014, the ALJ found that prior to the expiration of her insured status, Plaintiff had an impairment or combination of impairments that were severe. (Tr. 79). Specifically, the ALJ found that prior to the expiration of her insured states, Plaintiff had the following severe impairments: obesity, osteoarthritis, and cardiac dysrhythmia. However, after reviewing all of the evidence presented, the ALJ determined that prior to the expiration of her insured status, 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. 80). The ALJ found that prior to the expiration of her insured status, Plaintiff retained the residual functional capacity (RFC) to:
(Tr. 80). With the help of a vocational expert, the ALJ determined that prior to the expiration of her insured status, Plaintiff could perform her past relevant work as a social service worker, and a social service worker for health service. (Tr. 83).
Plaintiff then requested a review of the hearing decision by the Appeals Council, which after reviewing additional evidence submitted by Plaintiff, denied that request on December 1, 2014. (Tr. 1-7). Subsequently, Plaintiff filed this action. (Doc. 1). This case is before the undersigned pursuant to the consent of the parties. (Doc. 8). Both parties have filed appeal briefs, and the case is now ready for decision. (Docs. 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 failing to consider the treating source mental health treatment evidence submitted post-hearing; 2) the ALJ erred in failing to find Plaintiff had a severe mental health impairment; 3) the ALJ erred in determining Plaintiff's credibility; 4) the ALJ failed to properly evaluate Plaintiff's obesity; and 5) the ALJ erred in determining Plaintiff's RFC.
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 June 30, 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 16, 2008, her alleged onset date of disability, through June 30, 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.
While the ALJ did not find all of Plaintiff's alleged impairments to be severe impairments prior to the expiration of Plaintiff's insured status, the ALJ specifically discussed the alleged impairments in the decision, and clearly stated that he considered all of Plaintiff's impairments, including the impairments that were found to be non-severe.
With respect to Plaintiff's alleged mental impairments, a review of the record reveals that while Plaintiff may have had an emotional breakdown after her insured status had expired, the evidence during the relevant time period supports the ALJ's determination that her mental impairments were not severe during the time period in question. The record reveals that Plaintiff denied experiencing anxiety or depression to Dr. Geetha Ramaswamy on June 11, 2010. (Tr. 719). On June 25, 2010, just five days before the expiration of her insured status, Plaintiff made no mention of mental problems when she was seen by Dr. Michael A. Eckles. (Tr. 531-533). The Court finds the ALJ did not commit reversible error in setting forth Plaintiff's severe impairments during 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 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
With respect to Plaintiff's impairments, a review of the medical evidence reveals that in June of 2010, Plaintiff was noted to have a normal gait, was able to stand without difficulty, had intact insight and judgment, and had a normal mood. In July of 2010, after the expiration of her insured status, Plaintiff reported that she was doing well with her nasal pillow masks, and she denied any incontinence, joint pain, joint swelling or stiffness.
Therefore, although it is clear that Plaintiff suffers with some degree of limitation which appears to have increased after the expiration of her insured status, 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 for the relevant time period.
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 determining that Plaintiff maintained the RFC to perform sedentary work with limitations prior to the expiration of her insured status, the ALJ considered the medical assessments of the examining and non-examining agency medical consultants; Plaintiff's subjective complaints; and her medical records for the relevant time period. The Court notes that in determining Plaintiff's RFC, the ALJ discussed the medical opinions of examining and non-examining medical professionals, and set forth the reasons for the weight given to the opinions.
Plaintiff has the initial burden of proving that she suffers from a medically determinable impairment which precludes the performance of past work.
According to the Commissioner's interpretation of past relevant work, a claimant will not be found to be disabled if she retains the RFC to perform:
20 C.F.R. §§ 404.1520(e); S.S.R. 82-61 (1982);
The Court notes in this case the ALJ relied upon the testimony of a vocational expert, who after listening to the ALJ's proposed hypothetical question which included the limitations addressed in the RFC determination discussed above, testified that the hypothetical individual would be able to perform Plaintiff's past relevant work.
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.