ERIN L. SETSER, Magistrate Judge.
Plaintiff, Laura B. Goss, 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) and supplemental security income (SSI) 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 her current applications for DIB and SSI on June 25, 2013, alleging an inability to work since June 9, 2009,
By written decision dated March 6, 2015, the ALJ found that during the relevant time period, Plaintiff had an impairment or combination of impairments that were severe-Musculoskeletal Disorder (Disorders of Muscle, Ligament, and Fascia, fibromyalgia); Cardiovascular Disorder (Hypertension); and Mental Disorder (Mood Disorder, depression). (Doc. 14, p. 20). 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. (Doc. 14, p. 21). The ALJ found Plaintiff retained the residual functional capacity (RFC) to:
(Doc. 14, p. 23). With the help of the vocational expert (VE), the ALJ determined that during the relevant time period, Plaintiff would be able to perform her past relevant work as a mail clerk and envelope stuffing machine operator. (Doc. 14, p. 26).
Plaintiff then requested a review of the hearing decision by the Appeals Council, which denied that request on October 29, 2015. (Doc. 14, pp. 5-7). 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. (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 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 him 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 issues in this matter: 1) Whether the ALJ failed to fully develop the record; 2) Whether the ALJ erred as to his credibility findings; and 3) Whether the ALJ erred in his RFC determination. (Doc. 12).
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.
Plaintiff argues that the ALJ did not perform a proper
Plaintiff argues that the ALJ did not discuss side effects of medications. However, on September 5, 2013, Plaintiff denied any side effects of medications to Dr. Terry L. Efird, Ph.D., during a Mental Diagnostic Evaluation. (Doc. 14, p. 377). The ALJ also discussed all of Plaintiff's medical records, including those that pre-date the amended onset date. (Doc. 14, pp. 23-26). The ALJ noted that prior to the diagnosis of coronary disease and treatment, which occurred subsequent to the hearing in June of 2014, work-ups were performed, including: CT scans, a stress electrocardiogram and an echocardiogram, performed in 2010, which showed generally normal conditions; x-rays of Plaintiff's left hip, taken in 2013, was negative (Doc. 14, p. 24); and electrocardiogram results in 2014 were within normal limits. (Doc. 14, p. 25).
In addition, the ALJ addressed Plaintiff's coronary bypass surgery that was conducted by Dr. David Miller, D.O., on June 25, 2014, and correctly noted that Plaintiff was discharged to her home on June 30, 2014, and there was no medical evidence suggesting that a normal recovery was not expected. (Doc. 14, p. 25). In fact, a General Physical Examination conducted four months after the surgery, on October 31, 2014, by Dr. Clifford Lamar Evans, revealed Plaintiff had full range of motion in her cervical and lumbar spine, and Dr. Evans assessed Plaintiff with mild to moderate limitations to the body as a whole, due to periodic flair of fibromyalgia. (Doc. 14, p. 26). The ALJ properly noted that no testing to confirm a medical diagnosis of fibromyalgia was cited. (Doc. 14, p. 26).
Based upon the foregoing, the Court finds there is substantial evidence to support the ALJ's credibility analysis.
Plaintiff argues that the ALJ failed to incorporate both the mental and physical findings of the treating physician and consulting psychologist, and that her pain and depression were not adequately considered in terms of the RFC.
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 making his RFC determination, the ALJ discussed all of the medical records relating to Plaintiff's alleged physical impairments as well as the records relating to Plaintiff's alleged mental impairments. (Doc. 14, pp. 23-26). The ALJ gave the opinions of Plaintiff's examining and treating physicians substantial weight, and noted that Plaintiff had not been entirely compliant with prescribed medical treatment for hypertension and hyperlipidemia. (Doc. 14, p. 26). The ALJ also noted that the evidence did not show any limitations arising from coronary artery disease post coronary artery bypass grafting. The ALJ discussed the fact that it was reported that on April 21, 2014, that Plaintiff was caring for her mother, who has Alzheimer's disease, at least five days a week, which the ALJ believed demonstrated that she was able to perform work activity when she was so inclined. (Doc. 14, p. 26). The ALJ also discussed the GAF scores given by Dr. Efird (55-65) and Psychologist Christina Couch, Psy.D., of Western Arkansas Counseling and Guidance (55). (Doc. 14, p.p. 24-25).
It is also noteworthy that non-examining consultants, Dr. Bill F. Payne and Dr. Janet Cathey, opined that Plaintiff could perform medium work. (Doc. 14, pp. 64, 89).
Considering the record as a whole, the Court finds there is substantial evidence to support the ALJ's RFC determination.
Plaintiff argues that "[i]f in this case the ALJ thought that the Plaintiff's true work related restriction[sic] were not evident from the record, we believe that the ALJ should have sought further clarification regarding the severity of her impairments from her treating physicians." (Doc. 12, p. 8).
Plaintiff fails to show where the ALJ was unsure of Plaintiff's true work related restrictions. "Plaintiff bears a heavy burden in showing the record has been inadequately developed."
The Court believes the existing medical sources in the record contain sufficient evidence for the ALJ to make a determination as to Plaintiff's work related restrictions.
Based upon the foregoing, the Court finds Plaintiff has failed to show the ALJ failed to fully and fairly develop the record.
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 VE 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.