PER CURIAM.
James Tippe applied for Social Security disability insurance benefits and supplemental security income in March 2011, alleging a disability onset date of October 31, 2008. Tippe had a long history of cocaine and alcohol abuse. His application was denied on initial application and review based on a finding that "alcoholism or drug addiction would . . . be a contributing factor material to the Commissioner's determination that the [claimant] is disabled." 42 U.S.C. § 423(d)(2)(C). Tippe requested an administrative hearing. The Administrative Law Judge ("ALJ") agreed that substance abuse was material to Tippe's disabilities and denied benefits. Tippe appealed, and the Commissioner's Appeals Council remanded for consideration of a prior work performance assessment and new evidence.
After a second hearing, the ALJ again denied benefits in an October 6, 2014 decision. The ALJ concluded that Tippe had severe but not listed impairments throughout the period at issue — anxiety disorder, depressive disorder, and personality disorder. Because Tippe testified that he has been free of substance abuse since July 2011, the ALJ separately considered whether he was disabled with and without substance abuse.
After the Appeals Council denied review, Tippe commenced this action seeking judicial review of the ALJ's adverse decision. The district court
On appeal, Tippe first argues the ALJ erred in failing to give controlling or substantial weight to the medical opinions of two examining psychiatrists at the University of Iowa Hospitals & Clinics, Dr. Aaron Kauer and Dr. Anvi Vora. Both doctors completed Medical Source Statement ("MSS") forms in which they checked boxes reporting that Tippe's abilities to function when not using drugs or alcohol were "markedly" limited. These limitations, if found by the ALJ, would require a determination that Tippe's anxiety disorder is disabling. 20 C.F.R. pt. 404, subpt. P, App. 1, § 12.06(B). Dr. Vora completed the MSS form ten days after her treatment notes reported an interview in which Tippe stated that he "has been working towards SSI disability" and "will tell his lawyer that we are willing to help with this process." The ALJ gave these assessments "some" or "little" weight because "the statement regarding a limited ability to work is an issue reserved for the Commissioner," answers to form questionnaires that simply check off boxes are entitled to less weight, the pattern of marking limitations was the same on each form, and both physicians failed to address the fact that Tippe "does not comply with treatment."
"A treating physician's opinion is given controlling weight if it is well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence."
Tippe further argues that the ALJ erred in finding that his subjective claims regarding the effects of his mental impairments were not credible to the extent they conflicted with the ALJ's RFC determination. In weighing credibility, the ALJ considered Tippe's test results showing cognitive abilities within broad normal limits, repeated noncompliance with recommended courses of treatment, and "diverse" daily activities. The ALJ noted that Tippe's repeated refusal to follow proposed treatment "suggests that the symptoms may not have been as limiting as the claimant has alleged in connection with this application apart from substance abuse." We agree with the district court that the ALJ appropriately discredited the extent of Tippe's subjective complaints "based on a valid assessment" of the factors outlined in
Tippe argues that the ALJ, in evaluating his limitations while sober, inappropriately relied on statements he made while abusing substances to "discount evidence of poor functioning" following sobriety. The ALJ noted that Tippe had said "he was going to `milk' his unemployment for as much as he could," reported that he used his unemployment check for drugs and "would lie, steal, and cheat to get money for more drugs," and "admits to not trying hard to get work, especially while he had unemployment benefits." While most of these statements were made during Tippe's period of substance abuse, they were relevant because (i) Tippe applied for benefits during that period, and (ii) the statements were relevant to his credibility during the period he claimed to be free of substance abuse. The ALJ extensively considered the record evidence of Tippe's impairments without substance abuse to determine whether those impairments were disabling. We agree with the district court that the ALJ adequately evaluated Tippe's limitations, both with and without substance abuse.
We have carefully considered the additional issues and arguments Tippe raises on appeal and found them to be without merit. Our review of the extensive administrative record persuades us that substantial evidence supports the ALJ's determination that Tippe was not disabled during the period from October 31, 2008 to October 6, 2014. Accordingly, the judgment of the district court is affirmed.