ERIN L. WIEDEMANN, Magistrate Judge.
Plaintiff, Jasmin McAfee, 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 child's insurance benefits (CIB) as a disabled adult and supplemental security income (SSI) benefits 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 CIB and SSI on October 30, 2012, alleging an inability to work since September 1, 2012, due to attention deficit hyperactivity disorder, attention deficit disorder, depression, anxiety, and a personality disorder. (Doc. 12, pp. 68, 160). An administrative video hearing was held on December 30, 2013, at which Plaintiff appeared with counsel and testified. (Doc. 12, pp. 34-63).
By written decision dated September 11, 2014, the ALJ found that Plaintiff had not attained the age of twenty-two as of the alleged onset date. (Doc. 12, p. 19). The ALJ found that during the relevant time period, Plaintiff had an impairment or combination of impairments that were severe. (Doc. 12, p. 19). Specifically, the ALJ found Plaintiff had the following severe impairments: depression, a personality disorder, attention deficit hyperactivity disorder (ADHD), and oppositional defiant 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. (Doc. 12, p. 20). The ALJ found Plaintiff retained the residual functional capacity (RFC) to:
(Doc. 12, p. 22). With the help of a vocational expert, the ALJ determined Plaintiff could perform work as an industrial cleaner, a hand packer, and a machine packager. (Doc. 12, p. 27).
Plaintiff then requested a review of the hearing decision by the Appeals Council, which denied that request on December 22, 2015. (Doc. 12, p. 5). Subsequently, Plaintiff filed this action. (Doc. 1). This case is before the undersigned pursuant to the consent of the parties. (Doc. 7). Both parties have filed appeal briefs, and the case is now ready for decision. (Docs. 13, 14).
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 failed to properly assess Plaintiff's mental RFC; and 2) the ALJ failed to address Plaintiff's case as a young adult in a manner consistent with SSR 11-2p.
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 mental impairments, as pointed out by the ALJ, the record revealed that Plaintiff improved with medication and therapy. In April of 2012, prior to the time period in question, Plaintiff was noted to have made good progress. At that time, Alexandra Powell, MHPP, noted that Plaintiff had shown growth with the relationships with her mother and sister, was integrating in the community and was working on attending college. (Doc. 12, p. 378). After graduating high school, Plaintiff was told that she would be moved to the adult services side of care. The record revealed that Plaintiff's case was closed in August of 2012, after repeated attempts to contact Plaintiff to schedule an appointment with adult services went unanswered. Plaintiff did not seek treatment again until June of 2013. (Doc. 12, p. 391). At that time, Plaintiff wanted help managing her depression and anger. Dr. Crouch noted that Plaintiff's attention and concentration were normal and that her memory was intact. Plaintiff was started on medication in August of 2013, and in October of 2013, Plaintiff was instructed to find a provider in her area. While Plaintiff underwent a psychological evaluation upon the referral of her mother in November of 2013, the record failed to show that Plaintiff sought treatment after October of 2013.
The Court would note that while Plaintiff alleged an inability to seek treatment due to a lack of finances, the record is void of any indication that Plaintiff had been denied treatment due to the lack of funds.
With regard to the testimony and statement of Plaintiff's mother, the ALJ properly considered this evidence but found it unpersuasive. This determination was within the ALJ's province.
Therefore, although it is clear that Plaintiff suffers with some degree of limitation, she has not established that she is unable to engage in any gainful activity. Accordingly, the Court concludes that substantial evidence supports the ALJ's conclusion that Plaintiff's subjective complaints were not totally credible.
Plaintiff argues that the ALJ's RFC determination is not supported by substantial evidence of record. Specifically, Plaintiff asserts that the ALJ failed to evaluate Plaintiff's claim in accordance with SSR 11-2P and SSR 85-15.
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 non-examining agency medical consultants, the consultative examination performed by Dr. Gene Chambers, Plaintiff's subjective complaints, and her medical records when he determined Plaintiff could perform work at all exertional levels with some non-exertional limitations. The Court notes that in determining Plaintiff's RFC, the ALJ discussed the medical opinions of examining and non-examining medical professionals, including the opinions of Drs. Dan Donahue, Sheri L. Simon, and Chambers, and set forth the reasons for the weight given to the opinions.
Plaintiff also cites SSR 11-2p to support the argument that Plaintiff would require extra help and accommodations and therefore should be found disabled. The Regulation provides that if an adult with an impairment "needs or would need greater supervision or assistance" because of the impairment than an employee who does not have an impairment, the adult has a work-related limitation.
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.