ERIN L. SETSER, Magistrate Judge.
Plaintiff, Wesley O. Johnson, 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 claim 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 his current application for DIB on April 26, 2010, alleging an inability to work since May 15, 2008, due to cirrhosis of the liver, a calcaneous fracture, anxiety, and depression. (Tr. 14, 190). An administrative hearing was held on January 25, 2011, at which Plaintiff appeared with counsel and testified. (Tr. 27-82).
By written decision dated September 4, 2014, the ALJ found Plaintiff was not disabled prior to February 1, 2010, but that Plaintiff became disabled on February 1, 2010, and remained disabled through the date of the decision. (Tr. 14). Specifically, the ALJ found that since May 15, 2008, Plaintiff had the following severe impairments: a history of a right calcaneal fracture status post open reduction and internal fixation; hepatic cirrhosis; major depressive disorder; anxiety disorder, not otherwise specified (NOS); and polysubstance abuse/dependence (alcohol and marijuana). (Tr. 16). However, after reviewing all of the evidence presented, the ALJ determined that since May 15, 2008, 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. 16). The ALJ found that since May 15, 2008, Plaintiff retained the residual functional capacity (RFC) to:
(Tr. 20). With the help of a vocational expert, the ALJ found Plaintiff was not disabled prior to February 1, 2010, as he was able to perform work as a an inspector/checker of dowels, a semi-conductor bonder, and a lamp shade assembler. (Tr. 25).
Plaintiff then requested a review of the hearing decision by the Appeals Council which denied that request on November 9, 2015. (Tr. 5). 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. 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 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 failing to consider Plaintiff's mental impairments during the relevant time period and failed to consider them in combination with Plaintiff's physical impairments.
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. 15). The ALJ further found that Plaintiff did not have an impairment or combination of impairments that met or medically equaled one of the listed impairments prior to February 1, 2010. (Tr. 16-17). 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 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, it is clear that the ALJ properly considered and evaluated Plaintiff's subjective complaints, including the
Therefore, although it is clear that Plaintiff suffered with some degree of limitation, he has not established that he 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 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 sedentary work with limitations during the time period in question. 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.
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.