ERIN L. WIEDEMANN, Magistrate Judge.
Plaintiff, Tucker B. Sloan, 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 claims for a period of disability and disability insurance benefits (DIB) 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 his current applications for DIB and SSI on January 7, 2013, alleging an inability to work since December 21, 2012,
By written decision dated February 13, 2015, the ALJ found that during the relevant time period, Plaintiff had an impairment or combination of impairments that were severe. (Doc. 9, p. 39). Specifically, the ALJ found Plaintiff had the following severe impairments: depression; an anxiety disorder; a conversion disorder; a panic disorder; post-traumatic stress disorder (PTSD); borderline bipolar disorder; Tourette's disease ("Tourette's"); migraines; and a compression fracture, and related conditions of the spine (hereinafter "the compression fracture"). 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. 9, p. 39). The ALJ found Plaintiff retained the residual functional capacity (RFC) to:
(Doc. 9, p. 41). With the help of a vocational expert, the ALJ determined Plaintiff could perform work as a laundry worker, and a hand packer. (Doc. 9, p. 46).
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 April 7, 2016. (Doc. 9, pp. 6-12). 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. 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 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 issues on appeal: 1) the ALJ's RFC assessment is based on legal error, and it not supported by substantial evidence on the record as a whole; 2) the ALJ erred in rejecting the opinion of Sean Millhouse, LPC; and 3) the ALJ's credibility analysis is not supported by good reasons or substantial evidence.
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
With respect to Plaintiff's alleged physical impairments, the record revealed that Plaintiff was treated conservatively and appeared to experience some relief with the use of medication.
The record revealed that Plaintiff's mental impairments also responded well to treatment. The medical evidence revealed that some medication adjustments were made; however, Plaintiff was able to attend college glasses, and do most activities of daily living independently. While Plaintiff indicated that he was unable to concentrate properly, the medical evidence revealed that Dr. David D. Brown indicated that Plaintiff's memory was intact and he had no difficulty or impairment of concentration or attention in June and September of 2014. (Doc. 9, pp. 810, 932). After reviewing the record as a whole, the Court finds substantial evidence supports the ALJ's determination that Plaintiff had mild restrictions of activities of daily living; moderate difficulties in social functioning; moderate difficulties with concentration, persistence and pace; and no episodes of decompensation for an extended duration.
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 Third-Party Function Report completed by Plaintiff's father, and the letters from Plaintiff's mother and father, 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, he has not established that he 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.
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.
"The [social security] regulations provide that a treating physician's opinion . . . will be granted `controlling weight,' provided the opinion is `well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial 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 light work with limitations. The Court notes that in determining Plaintiff's RFC, the ALJ discussed the medical opinions of examining and non-examining medical professionals, as well as the "other source" medical opinion of Mr. Sean Millhouse, LPC, and set forth the reasons for the weight given to the opinions.
Plaintiff argues that the ALJ improperly discounted Mr. Millhouse's August 21, 2014, Bipolar Disorder with possible substance abuse Residual Functional Capacity form, opining that Plaintiff was markedly or extremely impaired in numerous areas of functioning. After review, the Court finds that the ALJ did not err in discounting the opinion of Mr. Millouse. The ALJ declined to give controlling weight to Mr. Millhouse's opinion for good and well-supported reasons.
While Plaintiff argues that the ALJ erred in the analysis of Plaintiff's GAF scores, a GAF score is not essential to the RFC's accuracy.
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.