ERIN L. WIEDEMANN, Magistrate Judge.
Plaintiff, Wendy D. Royce, 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) 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 her current application for DIB on June 8, 2015, alleging an inability to work since February 1, 2012, due to bipolar disorder, anxiety, post-traumatic stress disorder, depression, and back pain. (Tr. 15, 304). An administrative hearing was held on May 10, 2016. (Tr. 52-80). At the hearing, the ALJ ordered that the record be left open for thirty days to allow Plaintiff to submit updated medical records regarding bladder issues that were discussed in the hearing. (Tr. 75). The ALJ also sent Plaintiff to a consultative examination following the hearing and Plaintiff requested a supplemental hearing. (Tr. 15). A supplemental hearing was held on February 22, 2017. (Tr. 38, 51).
By written decision dated May 19, 2017, the ALJ that Plaintiff had an impairment or combination of impairments that were severe. (Tr. 18). Specifically, the ALJ found that Plaintiff had the following severe impairments: unspecified mood disorder, and dependent personality traits. (Tr. 18). The ALJ found Plaintiff had the following non-severe impairments: migraines caused by a Chiari malformation, diabetes, carpal tunnel syndrome in the right arm, sensory neuropathy of the upper extremities, and ulnar motor neuropathy on the right, obstructive sleep apnea, incontinence, chronic back, neck and hip pain, and foot pain. (Tr. 18-19). However, after reviewing all evidence presented, the ALJ determined that through the date last insured, 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. 160-161). The ALJ found Plaintiff retained the residual functional capacity (RFC) to:
(Tr. 21). With the help of a vocational expert, the ALJ determined that Plaintiff could not perform any of her past relevant work. (Tr. 26). However, the ALJ found Plaintiff could perform the duties of the representative occupations of hand packager, marking clerk, and document preparation clerk. (Tr. 27).
On May 24, 2017, Plaintiff requested a review of the hearing decision by the Appeals Council. (Tr. 1, 247). The Appeals Council denied Plaintiff's request for review. (Tr. 1-4).
Subsequently, Plaintiff filed this action. (Doc. 1). The parties have filed appeal briefs and this case is before the undersigned for report and recommendation. (Docs. 16, 17). 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.
At the initial hearing held May 10, 2016, Plaintiff was represented by Michael Hamby. (Tr. 54). Plaintiff testified that she had recently turned forty, had a high school diploma, and was working as a substitute teacher for two days per week. (Tr. 55). She testified that the school asked she only work two days a week because of her bladder issues. (Tr. 55-56). Plaintiff testified she had been working as a substitute teacher since 2014 and used to work full time but, as her health declined, she had begun to work less. (Tr. 56). Plaintiff testified that she worked as a cashier in the Starbuck's Department at Target in 2013, but that she lost that job after she yelled at a manager when he asked her to do something when she was already too busy.
Plaintiff testified that she had migraine headaches two to three times a week and some of them are severe enough that she would lie in bed with the curtains shut and want to be left alone. (Tr. 59). Plaintiff testified that sometimes her migraine medication could make them go away in two to three hours, but the week prior to the hearing, she had one for four days straight that kept her from sleeping. (Tr. 63). Plaintiff testified that she had a Chiari malformation and because of that her neck hurt ninety-five percent of the time, and it also caused numbness in her right arm and hand to the point that at times she could not hold even a pen.
Plaintiff testified she had surgery on her right ankle in 2002 or 2003, that she could not walk on it or it would swell at night and could only stand for fifteen or twenty minutes at a time.
Plaintiff testified she was also diagnosed with asthma, which she took daily medication for, and could not be around fumes, smells, heat or cold because of asthma attacks and pneumonia. (Tr. 62). Plaintiff testified she had pneumonia three times in the last two winters. (Tr. 62). Plaintiff testified that her bipolar disorder would flare up regularly and that she was being treated by Perspectives and, before that, had been treated at a clinic in Harrison. (Tr. 62-63). Plaintiff testified that despite taking Lithium, Prozac and Zyprexa, and her treatment providers trying to find more effective dosing, she was still symptomatic. (Tr. 66-67). Plaintiff testified that these medications had no side effects, but that sometimes due to her anxiety she would get heartburn that felt like chest pain. (Tr. 67). She would also throw up due to anxiety, so she was prescribed Ranitidine to keep her stomach settled. (Tr. 67). Plaintiff testified that she was also prescribed Ambien by Perspectives, and that she expected it would be changed when she went in at the end of the month because she was still having problems with her mind racing and keeping her awake, or seeing things crawling across the floor or wall. (Tr. 68). At times she had heard voices, but she was not hearing them as often as she used to. (Tr. 68). Plaintiff testified that she had diabetes and had recently started taking Metformin and watching what she ate to try and control her blood sugar. (Tr. 69). Plaintiff also reported taking Cyclobenzaprine, a muscle relaxer, for her neck, back, and hip. (Tr. 69). Plaintiff testified that her muscle relaxer and her bladder control medications had warnings against operating heavy machinery or being around heights or hazards. (Tr. 71-72).
Plaintiff testified that she could sweep, but if she wanted to sweep her kitchen, it would take three hours because she would have to sit down and rest often and that vacuuming was difficult for the same reasons. (Tr. 70). She testified that she could not mop or clean toilets because it was too hard to bend over, and that she did not have the strength to wring out the mop. (Tr. 70). Plaintiff testified that she did help make her bed or flip the cushions in the couch and some things like that. (Tr. 70). Plaintiff testified that she was able to drive but very little because of her anxiety, stating that she had a bad panic attack and nearly had a wreck, so she might drive to her son's school, which was about five miles away or to work at a school. (Tr. 70). However, Plaintiff testified that in the afternoon, sometimes she would wait until all the traffic had left the school before she would leave.
Plaintiff's mother, Ann Thomson, also testified. (Tr. 76). Ms. Thomson testified that she talked to Plaintiff every other day and saw her at least ten days per month, and that she had noticed a change in her over the past few years. (Tr. 76). She testified that Plaintiff would get upset easily if she got tired or something did not go her way; that she got headaches causing her to stay underneath the covers; and that she had back and leg pain, and pain from where she had surgery on her ankle, as well as something wrong with the back of her neck. (Tr. 76-77). Ms. Thomson testified that Plaintiff's headaches happened roughly every five days. (Tr. 79). Ms. Thomson testified that when she saw Plaintiff in person, usually she would drive to her daughter unless Plaintiff's boyfriend could drive her, as she did not feel comfortable letting Plaintiff drive her car and Plaintiff did not have her own car. (Tr. 77). Ms. Thomson testified she would not allow Plaintiff to drive her car because if someone got in front of her or was closing in, Plaintiff would get upset and cut in front of that car and, although Plaintiff had never had a wreck, Ms. Thomson did not want Plaintiff driving her car or with Ms. Thomson's grandchildren or great-granddaughter in the car. (Tr. 78). Ms. Thomson testified that when Plaintiff got upset she would kick the furniture, slam a door, break a window, or leave for an hour or two. (Tr. 78). Ms. Thomson testified that these episodes happened every three or four days a week and sometimes more often if Plaintiff was upset, and that she had not always been like that; it was something that had developed. (Tr. 78-79). Ms. Thomson testified that Plaintiff had lost two jobs in the past few years over her anger issues. (Tr. 79).
At the supplemental hearing held February 22, 2017, Plaintiff testified that she was caring for her eleven-month-old grandchild a few hours per day a couple days per week, and that she was not being paid to do so. (Tr. 41-43). She testified that she was still substitute teaching one or two days per week, which was kind of rough on her to do both, so she was not substituting as much as she had before. (Tr. 42-43). Plaintiff testified that she was prescribed Topamax and Prednisone for her headaches and back pain, but that her doctors were not planning to do surgery to correct her Chiari malformation unless it got worse. (Tr. 44). Plaintiff also testified that she had a nerve conduction test with abnormal results, but no surgery had been scheduled and she would be re-tested in six months. (Tr. 44).
Plaintiff testified that when she went to see Dr. Honghiran (spelled phonetically in transcript as Hannah Ram) in Russellville, she found the way in blocked, and when she called the office, she was told she had to go around to the back and climb up some stairs. Plaintiff told them she was unable to climb stairs due to her pain and was told if she could not climb the stairs, she would have to reschedule. (Tr. 45-46). Plaintiff testified that she did climb the stairs to go in, and was in pain by the time she got into the office. (Tr. 46). She testified that Dr. Honghiran stayed less than five minutes with her, and simply had her bend over and touch her toes. (Tr. 46). He then took a phone call, and after he hung up he told her he had to go and ended the appointment. (Tr. 46). Plaintiff testified that she immediately called her lawyer to tell him she had not been examined, as all Dr. Honghiran did was have her walk three feet, bend over to touch her toes, and walk back. (Tr. 46-47). Plaintiff testified that Dr. Honghiran's nurse did take her MRI reports, but she was unsure if he ever looked at them and he never examined her neck where her Chiari malformation was. (Tr. 47).
Plaintiff's boyfriend, James Walls, also testified at this hearing. (Tr. 48). During Mr. Walls' testimony, the ALJ reprimanded Plaintiff for communicating with Mr. Walls and ended his line of questioning. (Tr. 49). The ALJ noted on the record that when he began asking how many days per week they had the grandchild, Plaintiff held up two fingers to the side of the Kleenex box and then while looking at Mr. Walls moved them so he could see them, but the ALJ saw them before Mr. Walls did. (Tr. 49). The ALJ gave Plaintiff an opportunity to respond and she testified that they sometimes had the granddaughter every day, but that they did not keep her all day but would take her to the babysitter during the day even though they would have her at night. (Tr. 49-50).
A review of the pertinent medical evidence reflects the following. On February 1, 2012, Plaintiff was seen in the Emergency Department by Dr. Timothy Costello for syncope. (Tr. 456). Dr. Costello noted Plaintiff reported a brief syncopal episode when she was working at Dollar Tree that morning, and that she had been hospitalized the year prior with an electrolyte imbalance. (Tr. 457). A physical exam was performed, and no abnormalities were found. (Tr. 458). Dr. Costello found Plaintiff had symptoms consistent with peripheral vertigo and advised her to take meclizine as directed and follow up if her condition did not improve. (Tr. 460). Dr. Costello ordered a CT scan of Plaintiff's brain, which was interpreted by Dr. Robert Brand. (Tr. 467). Dr. Brand found no acute intracranial abnormalities, but suspected mastoiditis on the right.
On January 17, 2013, Plaintiff was seen by Samuel B. Hester, Ph.D., for a Mental Diagnostic Evaluation. (Tr. 404-412). Dr. Hester noted Plaintiff reported having been treated for bipolar disorder in the past but had not had treatment or medications for six months due to lack of resources and was experiencing short frustration tolerance, irritability, sadness, isolation, and loss of motivation. (Tr. 404, 405). Plaintiff reported no childhood trauma, but that she was in an abusive marriage years ago.
On October 11, 2013 plaintiff had an in-person assessment at Life Help Mental Health Center. (ECF No. 12, p. 428). Plaintiff had been referred by Dr. Dowell from the Indiana Family Medical Group and reported she had been sent because she needed to get back on her medication.
On November 7, 2013, Plaintiff was seen at Life Help Mental Health Center for her first follow-up therapy appointment after her emergency intake on October 11, 2013. (Tr. 422). Plaintiff reported she felt she had neglected her health but was back on track.
On December 5, 2013, Plaintiff was seen at Life Help Mental Health Center for a follow-up therapy appointment. (Tr. 419). Plaintiff reported fears about an upcoming exploratory surgery for cancer cells in her uterus and concerns about her son and boyfriend.
On January 1, 2014, Plaintiff was seen at Life Help for a follow up therapy session. (Tr. 416). Treatment notes show Plaintiff reported her D&C revealed further complications with more medical and possible surgical procedures required with some concern that she may have cervical cancer.
On January 8, 2014, Plaintiff was seen at Life Help for depression. (Tr. 417). A mental status exam was performed with normal results, except for reduced judgment/insight and fund of knowledge. (Tr. 418). Plaintiff's medications were listed as lithium and Seroquel.
On February 6, 2014 Plaintiff was seen at Life Help. (Tr. 415). Treatment notes show Plaintiff reported she was concerned about moving back to Arkansas as she had Medicaid/Disability and was worried about services being transferred.
On March 11, 2014, Plaintiff had an initial psychological assessment at Dayspring Behavioral Health. (Tr. 523). Plaintiff's diagnoses were listed as: bipolar I disorder with current episode of depression, an unspecified episodic mood disorder, and restless leg syndrome. (Tr. 530). Plaintiff was observed to be motivated for treatment and it was noted that her prognosis was good with treatment compliance. (Tr. 531). Plaintiff reported her motivation for seeking treatment was not feeling like the same person or mother she used to be, that she could not stand herself most of the time, and that things made her angry most of the time.
On April 3, 2014, Plaintiff was seen by Dr. Chitsey to establish primary physician care. (Tr. 503). Plaintiff reported feeling down, loss of interest, low energy, feeling like a failure, trouble concentrating and having suicidal thoughts.
On April 22, 2014, Plaintiff was seen by Dr. Chris Taylor for stress urinary incontinence. (Tr. 482). Dr. Taylor noted Plaintiff wished to proceed with surgical intervention.
On April 20, 2014, Plaintiff was seen by Dr. Chitsey and reported she had been doing well after the bladder suspension performed by Dr. Taylor, but had developed nausea and vomiting, a low-grade fever, and diarrhea. (Tr. 487). Dr. Chitsey noted Plaintiff had a white blood cell count of 20,000 and he admitted her for evaluation and treatment.
On April 30, 2014, Plaintiff had a CT scan of her abdomen and pelvis. (Tr. 496). The results were read by Dr. Chris Bennett who found: a low midline anterior pelvic wall incision; three centimeter focal density in the right low pelvis positioned anteriorly at the entrance to the right inguinal canal which may reflect a postoperative change or complication at this location and requested clinical correlation; no acute abnormality of the abdomen or pelvis; a small to moderate size hiatal hernia, diffuse fatty infiltration of the liver.
On May 5, 2014, Dr. Chitsey called Plaintiff for a two-day hospital follow-up call. Dr. Chitsey's notes show Plaintiff stated she was doing well and was no longer nauseated. (Tr. 510).
On May 20, 2014, Plaintiff had an initial evaluation at Health Resources of Arkansas. (Tr. 534). Plaintiff reported she had three to four episodes of bipolar mania, characterized by going 4-5 days without sleep yet remaining energetic, since her diagnosis of bipolar disorder in 2011 with the most recent occurring in September of 2013.
On August 8, 2014, Plaintiff was seen by Joshua Pursifull, LPC, at Dayspring Behavioral Health. (Tr. 517). Treatment notes show Plaintiff's progress as moderate, that she was compliant with her medication, and her affect, orientation and appearance were normal.
On November 8, 2014, Plaintiff was discharged from outpatient treatment at Dayspring Behavioral Health. (Tr. 516). The summary listed Plaintiff's diagnosis as Bipolar I Disorder with a recent/current/episode of depression.
On December 24, 2014, Plaintiff was seen by Treyce Hunt, APN to establish care. (Tr. 602). Nurse Hunt's notes show Plaintiff reported a history of GERD, bipolar disorder, and PTSD, and she requested a referral to a psychiatrist and to have her lithium levels checked.
On December 29, 2014, Plaintiff had an upper abdominal ultrasound. (Tr. 599). The ultrasound was interpreted by Dr. Leo Drolshagen who found fatty liver, and upper normal spleen.
On February 26, 2015, Plaintiff was seen by Corrine Wills, ARNP, for a follow up visit for cough and congestion. (Tr. 589-590). Nurse Wills noted Plaintiff's flu test was negative and advised rest and work release until March 2, 2015. (Tr. 591).
On March 3, 2015, Plaintiff had a chest radiograph which was interpreted by Dr. Laura Moore-Farrell. (Tr. 600). Dr. Moore-Farrell found infiltrate at the left lung base compatible with pneumonia and recommended follow-up chest radiographs to document resolution.
On March 16, 2015, Plaintiff had a chest radiograph for comparison to an October 25, 2014 study. (Tr. 600). Dr. Adam Gold interpreted the study and found a strand of linear infiltrate in the upper left lobe which he opined was probably atelectasis
On May 21, 2015, Plaintiff was seen by Debbie Koch, ANP, at Perspectives Behavioral Health. (Tr. 551). Plaintiff's chief complaint was recorded as having been depressed, with past diagnoses of bipolar disorder, psychotic disorder, and generalized anxiety disorder. Plaintiff reported being physically abused by her parents as a child and an ex-husband when she was twenty years old, as well as emotional abuse from ex-husbands and boyfriends.
On July 15, 2015, Plaintiff was seen by Nurse Koch. (Tr. 616). Nurse Koch performed a mental status examination and found normal results in most areas, except evidence of psychosis noting paranoia. (Tr. 617). Plaintiff reported her mood was up and down with ongoing anxiety and paranoia but denied any suicidal or homicidal ideations. (Tr. 616). Plaintiff reported her last panic attack occurred a couple days ago and lasted for several hours.
On August 10, 2015, Plaintiff was seen by Treyce Hunt, APN, with complaints of dizziness and fainting for the past two weeks with intermittent mid-sternal chest pain starting four days prior. (Tr. 596).
On August 19, 2015, Plaintiff was seen by Robin Sanders, LPC, at Perspectives and a treatment plan was formulated. (Tr. 609). Plaintiff's reported symptoms included: feeling paranoid; overthinking; panicking over schedule changes; high anxiety over bills; seeing people with weapons peeping in her windows and peeking from behind trees; low concentration; low mood and irritability daily; not eating; feeling she had to be in a relationship; not feeling accepted or loved; and crying all the time. (Tr. 610). Plaintiff's diagnosis was listed as bipolar disorder and generalized anxiety disorder. (Tr. 611). Plaintiff's prognosis was noted as good. (Tr. 614).
On November 24, 2015, Plaintiff saw Dr. Mervin Leader at Perspectives for medication management. (TR. 637). Plaintiff reported she was not doing well, feeling depressed, anxious, irritable, unable to function well, having thoughts of suicide and crying spells.
On December 10, 2015, Plaintiff was seen by Janis P. Bishop, CRNP, at Mercy hospital with complaints of burning upon urination and bloody mucous on tissue. (Tr. 648). Plaintiff reported her neck and back pain had improved.
On December 17, 2015, Plaintiff was seen by Janis P. Bishop at Mercy Hospital. (Tr. 643) with complaints of sinus pressure, burning on urination, low back pain radiating into both legs, yeast infection, a history of Lyme disease, and that her GERD medications were not working.
On January 18, 2016, Plaintiff was seen by Robin Sanders, LPC at Perspectives. (Tr. 630). Treatment notes show that she reported continuing to do poorly; feeling irritable and worthless with occasional thoughts of suicide but without intention to act upon them. (Tr. 632). Plaintiff reported having to leave work early because she was not able to function well.
On February 1, 2016, Plaintiff's therapist, Robin Sanders, completed a mental medical source statement. (Tr. 671). She marked fair for each area evaluated under understanding and memory.
On February 22, 2016, Plaintiff was seen by Mervin N. Leader, MD., at Perspectives for a medication check. (Tr. 683). Dr. Leader noted that since he had last seen Plaintiff, she had discontinued use of Seroquel in favor of an Olazapene/fluoxetine combination and had been prescribed low dose Ambien after calling the clinic on multiple occasions with complaints of insomnia.
On April 18, 2016, Plaintiff had an MRI of her cervical spine. (Tr. 675). The MRI was read by Martin W. Cain, M.D., who gave the impression of a Chiari I malformation with no obvious syrinx
On June 7, 2016, Plaintiff was seen by Nurse Bishop. (Tr. 739). Plaintiff reported her urologist was checking for possible cancer cells in her urine, and that he had performed bladder irrigations that had helped a great deal.
On July 6, 2016, Plaintiff was seen by Janis Bishop, CRNP, to follow-up on her labs, polymyalgia, tremors, and headaches. (Tr. 732). Plaintiff reported that her tremors were worse when her neck hurt, that she continued to go to physical therapy and do the exercises, and that her gastritis/epigastric pain had been well controlled with the use of Tagarnet and pantoprazole.
On July 7, 2016, Plaintiff was seen by Dr. William A Knubley, M.D., to establish care for her Chiari malformation, numbness in her right upper extremity, tremors, and headache. (Tr. 723). Dr. Knubley opined that Plaintiff's chronic migraine headache disorder was possibly due, in part, to medication overuse with a history of chronic migraines since she was a teenager. (Tr. 730). He opined that Plaintiff's Arnold-Chiari malformation type I without syrinx was likely asymptomatic.
On July 28, 2016, Plaintiff had a nerve conduction study performed by Dr. Knubley on her upper and lower extremities. (Tr. 745). Dr. Knubley found Plaintiff had carpal tunnel syndrome and ulnar motor neuropathy on the right, sensory neuropathy of the upper extremities, and possible right tibial neuropathy.
On August 9, 2016, Plaintiff was seen by Nurse Bishop and reported she was pleased with her visit with Dr. Knubley and appreciated the fact that he was watching her neurological conditions and mentioned she could be in the early stages of multiple sclerosis and that he would follow up with her in three months. (Tr. 766). Nurse Bishop noted Plaintiff was not interested in any type of surgery at that time because her symptoms were intermittent paresthesia, and Nurse Bishop planned to give her a prescription for a wrist splint to wear on her right side as needed.
On August 29, 2016, Plaintiff was seen by Ted Honghiran, M.D., for a consultative examination. (Tr. 751). Plaintiff reported she had been involved in an auto accident a long time ago, but that the pain in her neck had been getting worse over the last four to five years, so her family doctor referred her to a neurologist. (Tr. 751). Plaintiff reported an MRI scan was done which showed evidence of a bulging disk at C4-C5 and C5-C6, as well as a Chiari malformation which nothing had been done about.
On January 12, 2017, Plaintiff saw Justin Clayton, M.D., for left foot pain. (Tr. 773). She reported that she had a table fall on her foot at school in mid-November and thought it would get better, and it had not changed her ability to walk without assistive devices, but she continued to have pain.
On January 1, 2017, Plaintiff was seen by Dr. Knubley and reported her migraines were better with the use of Topamax. (Tr. 779-780). Dr. Knubley noted Plaintiff's workup for neuromyelitis optica and multiple sclerosis was negative, and that her tremor, which was gradually worsening, may be due to sleep apnea. (Tr. 780). Dr. Knubley found Plaintiff's Chiari malformation without syrinx looked about the same and, since Plaintiff was doing better with Topamax for her headaches but was having more problems with tremors, he decided to prescribe low-dose Mysoline and adjust accordingly after Plaintiff's sleep evaluation. (Tr. 780). Dr. Knubley offered his impression as: chronic migraine headache disorder improved on medication; Arnold-Chiari malformation type 1 asymptomatic; isolated episode of idiopathic right optic neuritis, possibly medication induced; sleep disordered breathing to be further evaluated; essential tremor worse; carpal tunnel syndrome in the right hand; and bipolar disorder type 1, stable. (Tr. 781).
On April 12, 2017, Nurse Bishop provided a letter restricting Plaintiff's lifting to nothing over 10 pounds based upon Plaintiff's diagnosis of cervical and lumbar degenerative disc disease and in particular her Chiari 1 malformation. (Tr. 817). Nurse Bishop wrote that this medical need would be lifelong.
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 for at least one year and that prevents him from engaging in 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 raises the following issues in this matter: 1) Whether the ALJ failed to properly develop the record; 2) Whether the ALJ erred in evaluating Plaintiff's impairments; and 3) Whether the ALJ erred in his residual functional capacity (RFC) finding.
Plaintiff argues that the ALJ rejected the medical evidence provided by Plaintiff's two treating and examining sources, and therefore did not have sufficient evidence to address her specific functional limitations. (Doc. 16, p. 4).
The ALJ has a duty to fully and fairly develop the record.
In this case, the ALJ sent Plaintiff for a consultative examination with Dr. Hester, assigned substantial weight to Dr. Hester's opinions and incorporated his recommendations that Plaintiff may do best in an environment that reduced human contact in the limitations specified in his RFC. (Tr. 25). The ALJ afforded no weight to the opinion of the second examining physician, Dr. Honghiran, due to Plaintiff's objections concerning the level of thoroughness of the examination. (Tr. 25).
The ALJ also afforded substantial weight to the physical and mental assessments made by non-examining state medical consultants. (Tr. 25). On September 18, 2015, state agency medical consultant Bill Payne, M.D., reviewed Plaintiff's medical record and found that "the claimant's described functional limitations are not credible" and found that her physical impairments were not severe. (Tr. 108). On November 13, 2015, state agency medical consultant Alice Davidson, M.D., reviewed Plaintiff's record and, after noting there were no new allegations or medical evidence of record, affirmed the rating of non-severe. (Tr. 127). On September 23, 2015, state agency medical consultant Kevin Santulli, Ph.D., reviewed Plaintiff's case and found that her mental status was unremarkable, noting that she cared for a child, had no problems with personal care, prepared meals, drove alone, shopped, paid bills, socialized daily, and had some problems with getting along with authority and attention. (Tr. 113). Dr. Santulli opined that Plaintiff retained the ability to perform work where: interpersonal contact was incidental to work performed; tasks were learned and performed by rote with few variables and little judgement required; and supervision was simple, direct, and concrete.
The record also contained three years of treatment records which included radiology reports, results of medical tests, and opinion evidence. (Tr. 405-820). The ALJ considered the medical evidence of record indicating that Plaintiff's conditions had improved with treatment. (Tr. 24). The ALJ considered Plaintiff's reports that her mental health treatment had reduced her symptoms in January of 2013, May of 2014, and April of 2016. (Tr. 24). In April of 2016, Plaintiff reported she was no longer as depressed or anxious and no longer experienced chest pain, nausea, irritability, feelings of worthlessness, or thoughts of suicide. (Tr. 24, 678). Plaintiff reported that she felt so much better that she had increased the number of days she was working.
The ALJ also considered the objective medical evidence in the form of X-rays and MRI's in the record. The ALJ noted that Plaintiff's X-rays of her lumbar spine from November of 2015 showed only minor chronic degenerative changes and were interpreted to reveal negative results. (Tr. 23). The ALJ considered an MRI of Plaintiff's lumbar spine performed in April of 2017, which also found mild degenerative changes and some mild left facet hypertrophy and lateral recess narrowing.
The ALJ considered Plaintiff's testimony at two hearings nearly a year apart, and her disability reports. (Tr. 38, 52). The ALJ considered Plaintiff's reports that she was able to attend to her own personal hygiene unassisted, care for her teenage son and infant granddaughter, assist in the care of family pets, perform general household tasks, drive a vehicle, shop, manage her financial affairs, and work as a substitute teacher on a part-time basis. (Tr. 24, 41-43, 49-50, 329-333).
The ALJ also considered the testimony given by Plaintiff's mother and boyfriend, and considered them as non-medical source evidence. (Tr. 26). He noted the significance of their lengthy relationships and familiarity with Plaintiff, but afforded their opinions less weight than those offered by medical sources.
The ALJ also noted that the GAF scores were considered but were afforded little weight as they were a subjective scale, as acknowledged by the DSM-IV. (TR. 26).
Therefore, the Court finds Plaintiff's argument on this issue is without merit.
Plaintiff argues that the ALJ erred at step two by failing to consider her carpel tunnel syndrome in her right arm with sensory neuropathy and ulnar motor neuropathy; migraine headaches; chronic neck, back, and hip pain; as well as chronic incontinence of urine, nocturia, urinary bladder disorder and dysuria, all relating to a bladder suspension she underwent in 2014, with progressively worsening symptoms relating to the same to be severe. (Doc. 16, p. 2). Plaintiff does not cite to any specific medical records or assessments in making this assertion, but rather states "[t]hese diagnosis' and related findings are replete throughout her medical records." (Doc. 16, p. 2).
At Step Two of the sequential analysis, the ALJ is required to determine whether a claimant's impairments are severe.
The ALJ carefully considered Plaintiff's treatment records and the results of her consultative examinations in determining which of her impairments were severe. (Tr. 18-20). The ALJ considered the July 2016 nerve conduction study that was abnormal and consistent with carpal tunnel syndrome on the right, however he also noted Plaintiff did not seek treatment until 2016, roughly four years after her alleged onset of disability. (Tr. 18-19, 778-779). The ALJ also noted that Plaintiff reported to nurse practitioner Janis Bishop in August 2016 that she was not interested in any type of surgery to treat this condition because her symptoms were intermittent. (Tr. 18-19, 766). Plaintiff testified at the February 22, 2017, hearing that with respect to ulnar neuropathy and carpal tunnel on the right, she was going to be retested in about six months to a year (Tr. 44).
The ALJ considered Plaintiff's complaints of chronic neck, back and hip pain. (Tr. 19). He first noted that the record reflected she rarely sought treatment for her pain. (Tr. 19). The ALJ also noted that the x-ray evidence revealed relatively unremarkable results, and that Dr. Knubley recommended relatively conservative treatment in the form of physical therapy for Plaintiff's pain.
The ALJ considered Plaintiff's complaints concerning her bladder, incontinence, and dysuria, and considered that Plaintiff failed to pursue the additional testing that was recommended in April of 2016. (Tr. 19). The ALJ found that given Plaintiff's demonstrated work ability and her failure to pursue additional treatment, there was not sufficient evidence to support a finding that this condition caused more than a minimal limitation.
The ALJ considered Plaintiff's daily activities, including her continued work as a substitute teacher two days a week, and her ability to tend to her infant granddaughter for at least two days per week and perhaps more, as the actual amount of time she watched her granddaughter was not totally clear. (Tr. 17-18, 41, 49-50, 304-305). The ALJ found that Plaintiff's performance of work-related activities did not support a finding that her pain, bladder issues, or carpal tunnel syndrome were severe. (Tr. 19).
While the ALJ did not find all of Plaintiff's alleged impairments to be severe impairments, the ALJ specifically discussed the alleged impairments and clearly stated that he considered all of Plaintiff's impairments, including the impairments that were found to be non-severe.
The Court finds the ALJ did not commit reversible error in setting forth Plaintiff's severe impairments during the relevant time period.
Plaintiff argues the ALJ erred in his RFC determination by failing to consider the side effects of the medications she was prescribed. (Doc. 16, p. 2). Plaintiff argues that consultative examiner Dr. Honghiran's report was "wishy washy at best" but also notes Dr. Honghiran found pain would be a chronic issue, recommended Plaintiff return to school, and that she follow up with a neurologist and neurosurgeon.
RFC is defined as the most that 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.
With respect to weight given to the opinions of treating physicians, "[a] claimant's treating physician's opinion will generally be given controlling weight, but it must be supported by medically acceptable clinical and diagnostic techniques, and must be consistent with other substantial evidence in the record."
The ALJ first considered the medical evidence, noting that the objective medical evidence in the record revealed generally unremarkable findings. (Tr. 23). He specifically discussed X-rays of Plaintiffs thoracic and lumbar spine from November 2015, an MRI of Plaintiff's lumbar spine from April 2016, X-rays of Plaintiff's cervical spine from December 2015, and an MRI of Plaintiff's cervical spine from April 2016.
The ALJ afforded substantial weight to the opinion of consultative examiner Dr. Hester, as he personally evaluated the plaintiff, rendered his opinions within his area of professional expertise, and made conclusions that were generally consistent with the record. (Tr. 25). The ALJ noted Dr. Hester's opinion that Plaintiff may do best in an environment that reduced human contact and incorporated that recommendation into his RFC determination by limiting claimant to work where interpersonal contact was limited to the work performed.
As discussed above, the ALJ considered the physical and mental assessments offered by the non-examining medical consultants and afforded each of them substantial weight. (Tr. 25).
The ALJ considered the opinion of Robin Sanders, LPC, and afforded those opinions little weight as they were inconsistent with the claimant's demonstrated work history as she had maintained employment for an extended period of time as a substitute teacher, in an environment which required the ability to work in coordination with or proximity to others. (Tr. 25, 672). The ALJ also considered the opinions of Nurse Bishop and afforded her opinions little weight as they were not supported by objective medical evidence and were inconsistent with Plaintiff's stated abilities. (Tr. 25).
Based on the record as a whole, the Court finds substantial evidence to support the ALJ's RFC determination.
Accordingly, the undersigned recommends affirming the ALJ's decision, and dismissing Plaintiff's case with prejudice.