ERIN L. WIEDEMANN, Magistrate Judge.
Plaintiff, Estelle Y. Smith, 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 claim for supplemental security income (SSI) benefits under the provisions of Title 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 application for SSI on July 3, 2014, alleging an inability to work due to back problems, bipolar disorder, extreme manic depression, anxiety, debilitating headaches, an under active thyroid, and dormant tuberculosis. (Tr. 108, 199). An administrative hearing was held on April 27, 2015, at which Plaintiff appeared with counsel and testified. (Tr. 77-106).
By written decision dated July 13, 2015, the ALJ found that during the relevant time period, Plaintiff had an impairment or combination of impairments that were severe. (Tr. 63). Specifically, the ALJ found Plaintiff had the following severe impairments: lumbar degenerative disc disease, hyperlipidemia, hypothyroid disorder, obesity, anxiety, depression, bipolar disorder, dysthymic disorder, and headaches. 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. (Tr. 63). The ALJ found Plaintiff retained the residual functional capacity (RFC) to:
(Tr. 66). With the help of a vocational expert, the ALJ determined Plaintiff could perform work as a small products assembler and an escort driver. (Tr. 72).
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 June 27, 2016. (Tr. 1-6). Subsequently, Plaintiff filed this action. (Doc. 1). This case is before the undersigned pursuant to the consent of the parties. (Doc. 10). Both parties have filed appeal briefs, and the case is now ready for decision. (Docs. 13, 15).
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 RFC is not consistent with the record; and 2) Plaintiff cannot perform the jobs identified at Step Five.
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 alleged physical impairments, the record revealed that Plaintiff was treated conservatively and appeared to experience some relief with the use of medication.
With respect to Plaintiff's back impairment and pain, a review of the record revealed that Plaintiff underwent physical therapy and epidural steroid injections during the relevant time period. While Plaintiff complained of pain, she also reported that therapy and medication helped to relieve some of her pain. On July 16, 2015, Dr. Duane Birky noted that Plaintiff ambulated normally; that she had normal muscle strength and tone; and that her sensory testing was intact. Thus, while Plaintiff may indeed experience some degree of pain due to her back impairment, the Court finds substantial evidence of record supporting the ALJ's finding that Plaintiff does not have a disabling back impairment.
With respect to Plaintiff's mental functioning, a review of the record revealed that Plaintiff underwent counseling at Western Arkansas Counseling and Guidance Center during the relevant time period. Plaintiff reported numerous stressors in her life, but also reported that her medication helped even though she continued to struggle with an irritable mood. 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 finds substantial evidence supports the ALJ's determination that Plaintiff's mental impairments are severe but not disabling.
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.
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.
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 her medical records when he determined Plaintiff could perform sedentary work with limitations. The Court notes that in determining Plaintiff's RFC, the ALJ discussed the medical opinions of treating, examining and non-examining medical professionals, and set forth the reasons for the weight given to the opinions.
Plaintiff argues that the ALJ improperly discounted Ms. Tara Clifford MS, LPC's, January 8, 2015, Mental Medical Source Statement, opining that Plaintiff had marked limitations in two areas of functioning. After review, the Court finds that the ALJ did not err in giving the opinion of Ms. Clifford some, but not full weight. The ALJ declined to give controlling weight to Ms. Clifford's opinion for good and well-supported reasons.
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.