ERIN L. WIEDEMANN, Magistrate Judge.
Plaintiff, Dora P. Birge, 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 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 application for DIB on July 9, 2015, alleging an inability to work since July 1, 2015, due to degenerative disc disease, rheumatoid arthritis, herniated discs, bulging discs, spondylitis, multiple bone spurs, hypersomnolence, hypoglycemia, hypoactive thyroid, and depression. (Tr. 245, 441). An administrative hearing was held on March 26, 2016, at which plaintiff appeared with counsel and testified. (Tr. 278-316).
By written decision dated August 19, 2016, the ALJ found that during the relevant time period, Plaintiff had an impairment or combination of impairments that were severe: bilateral carpal tunnel syndrome status post bilateral carpal tunnel release; degenerative disc disease of the cervical spine; degenerative disc disease of the lumbar spine; osteoarthritis; and anxiety. (Tr. 243-246). However, after reviewing all of the evidence presented, the ALJ determined that Plaintiff's impairments did not meet or equal the severity of any impairment listed in the Listing of Impairments found in Appendix I, Subpart P, Regulation No. 4. (
(Tr. 246). With the help of the vocational expert (VE), the ALJ determined that during the relevant time period, Plaintiff was unable to perform any of her past relevant work, but would be capable of performing work as an office helper, content inspector, or blending tank tender. (Tr. 256).
Subsequently, Plaintiff filed this action. (Doc. 1). This case is before the undersigned pursuant to the consent of the parties. (Doc. 4). Both parties have filed appeal briefs, and the case is now ready for decision. (Docs. 11, 12).
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 had engaged in substantial gainful activity since filing her claim; (2) whether the claimant had a severe physical and/or mental impairment or combination of impairments; (3) whether the impairment(s) met or equaled an impairment in the listings; (4) whether the impairment(s) prevented the claimant from doing past relevant work; and (5) whether the claimant was able to perform other work in the national economy given her age, education, and experience.
Plaintiff raises the following issues in this matter: 1) Whether the ALJ properly developed the record; 2) Whether the ALJ erred in failing to find Plaintiff's hypersomnolence and nocturnal hypoxemia to be severe impairments; and 3) Whether the ALJ erred in his RFC determination.
Plaintiff argues that the ALJ committed reversible error in failing to order a consultative examination in this case, as there was no RFC assessment which was given more than little weight. (ECF No. 11, pp. 4-5).
The ALJ has a duty to fully and fairly develop the record.
In this case, there were adequate medical records for the ALJ to make an RFC determination. The ALJ's RFC finding was supported by diagnostic imaging of Plaintiff's cervical, thoracic, and lumbar spine, treating source opinion, and non-examining medical expert opinions. (Tr. 247-254). As discussed further below, the ALJ considered the opinions of non-examining medical consultants, treatment records, and Plaintiff's own reports in assessing the effects of her hypersomnolence and nocturnal hypoxemia on her ability to work.
Based on the record as a whole, the Court finds substantial evidence to support the ALJ's RFC determination.
Plaintiff argues that ALJ erred in not finding her hypersomnolence and nocturnal hypoxemia to be severe as her symptoms interfered with her daily activities. (Doc. 11, pp. 2-3).
At Step Two, a claimant has the burden of providing evidence of functional limitations in support of her contention of disability. Kirby v. Astrue, 500 F.3d 705, 707 (8th Cir. 2007). "An impairment is not severe if it amounts only to a slight abnormality that would not significantly limit the claimant's physical or mental ability to do basic work activities."
In making his step two determination, the ALJ considered Plaintiff's allegations regarding her hypersomnolence and nocturnal hypoxemia and examined her medical records regarding diagnosis and treatment with Dr. Dmitry Formin, Dr. David Estes, Dr. Thurman, and Dr. Brenda Rude. (Tr. 247-249). The ALJ noted that Plaintiff was seen by Dr. Formin on September 1, 2015, and assessed with persistent mild hypoxemia during sleep with several possible etiologies. (Tr. 248, 824). Dr. Formin discussed therapeutic naps and lifestyle modifications with Plaintiff. (
The ALJ also considered Plaintiff's own reports of her symptoms. At the Administrative hearing held on May 26, 2016, Plaintiff testified that she went to bed each night around ten or eleven and woke up just after five to get her children to school and would try to take a fifteen to twenty-minute nap after they were off to school. (Tr. 307). Plaintiff further testified that she had been advised by her doctors to try and take three fifteen-minute naps per day, but that she had difficulty finding the time to take them and still felt tired or even worse upon waking. (Tr. 309-310).
The Court finds the ALJ did not commit reversible error by failing to find Plaintiff's hypersomnolence and nocturnal impairments to be severe impairments during the relevant time period.
Plaintiff argues that the ALJ erred in his RFC assessment as Plaintiff's recommended therapeutic naps were not consistent with sustained work activities for eight hours a day. (Doc. 11, p. 4). Plaintiff also argues that there was no support for Plaintiff's RFC assessment, as there was no RFC assessment from a physician that was accorded more than little weight. (
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 matter, the ALJ gave little weight to the RFC assessments provided by the state agency medical consultants, as he determined they were not restrictive enough. (Tr. 255). The RFC assessments provided by non-examining medical and psychological consultants provided a higher level of RFC than the ALJ's final determination. (Tr. 255). The ALJ assigned these assessments little weight because evidence in Plaintiff's treatment records and her subjective complaints indicated that Plaintiff's additional medically determinable impairments required greater limitations. (Tr. 255). However, the ALJ gave substantial weight to the treatment records, including the statement of treating physician Dr. Thaddeus Beck, who opined that plaintiff could do sedentary or light work in April of 2016. (Tr. 255, 1748).
The ALJ also considered the evidence in Plaintiff's treatment records, as discussed above, which showed that her hypersomnolence and nighttime hypoxemia symptoms were reduced when she was compliant with her nighttime oxygen.
The ALJ considered Plaintiff's need for therapeutic naps, but found that her need for naps was inconsistent with her own testimony. (Tr. 254). The ALJ noted Plaintiff's testimony that naps aggravated her symptoms, and also that daytime naps were inconsistent with her reported activities of daily living. (
There was sufficient evidence in the record from which the ALJ could make an informed decision concerning Plaintiff's disability claim. Further, "[r]eversal due to failure to develop the record is only warranted where such failure is unfair or prejudicial."
Accordingly, having carefully reviewed the record, the Court finds substantial evidence supporting the ALJ's decision denying the Plaintiff benefits, and thus the decision is hereby affirmed. The Plaintiff's Complaint should be, and is hereby, dismissed with prejudice
IT IS SO ORDERED.