STEPHEN J. HILLMAN, Magistrate Judge.
This matter is before the Court for review of the decision by the Commissioner of Social Security denying plaintiff's applications for Disability Insurance Benefits and Supplemental Social Security Income. Pursuant to 28 U.S.C. § 636, the parties have consented that the case may be handled by the undersigned. The action arises under 42 U.S.C. § 405(g), which authorizes the Court to enter judgment upon the pleadings and transcript of the record before the Commissioner. The plaintiff and the defendant have filed their pleadings (Plaintiff's Brief; Memorandum of Points and Authorities; Defendant's Brief with Points and Authorities in Support of Defendant's Answer; Plaintiff's Reply; Memorandum of Points and Authorities); and the defendant has filed the certified transcript of record. After reviewing the matter, the Court concludes that the decision of the Commissioner should be reversed and remanded.
On August 9, 2011, plaintiff Constance Marie Cartier filed an application for a period of disability and Disability Insurance Benefits. On the same date, plaintiff filed an application for Supplemental Social Security Income. Both applications alleged an inability to work since May 10, 2009 due to problems with her right and left shoulders. (
Following the Appeals Council's denial of plaintiff's request for a review of the hearing decision (
Plaintiff solely alleges the ALJ erred in rejecting plaintiff's treating physician's opinion.
For the reasons discussed below, the Court concludes that the ALJ's Decision should be reversed and remanded.
Plaintiff asserts that the ALJ failed to give any reason for rejecting the opinion of Dr. Amores, plaintiff's treating physician. Defendant asserts that the substantial evidence supported the ALJ's Decision.
Although a treating physician's opinion is generally afforded the greatest weight in disability cases, it is not binding on an ALJ with respect to the existence of an impairment or the ultimate determination of disability.
In a form entitled "Physical Residual Functional Capacity Questionnaire" dated October 11, 2012, Dr. Ronald Glousman of Kerlan-Jobe Orthopaedic Clinic stated that plaintiff had the following limitations due to bilateral shoulder pain (resulting from a rotator cuff tear): plaintiff frequently (34% to 66% of an 8-hour workday) experiences pain or other symptoms severe enough to interfere with attention and concentration needed to perform even simple work tasks; plaintiff can sit and stand for more than 2 hours at one time and at least 6 hours in an 8-hour workday; plaintiff needs periods of walking around during an 8-hour workday; plaintiff can frequently lift 10 pounds or less in a competitive work situation; plaintiff cannot lift overhead with her right or left arms; and plaintiff cannot push or pull greater than 10 pounds bilaterally. (
After discussing the medical evidence, including the evaluations of plaintiff by Dr. Steven Silbart, the consultative examiner, the ALJ addressed Dr. Glousman's opinion as follows: "The opinions of Dr. Glousman, as the claimant's treating physician and surgeon, are entitled to controlling weight, also based on their consistency with the objective clinical and diagnostic findings pursuant to the regulations." (AR 34).
While the ALJ purportedly gave controlling weight to Dr. Glousman's opinion, the ALJ did not provide any reason for rejecting Dr. Glousman's opinion that plaintiff frequently (34% to 66% of an 8-hour workday) experiences pain or other symptoms severe enough to interfere with attention and concentration needed to perform even simple work tasks.
Defendant contends that the ALJ's discussion of "evidence sets forth her reasoning and provides sufficient guidance for this Court to draw reasonable inferences as to why she did not include any additional limitations based upon Dr. Glousman's finding that pain would impact Plaintiff's ability to sustain attention and concentration," and cites examples of entries in the medical record to support that contention. (
Therefore, the Court finds that the ALJ erred in failing to provide any reason for rejecting Dr. Glousman's opinion about plaintiff's attention and concentration limitations.
For the foregoing reasons, the decision of the Commissioner is reversed, and the matter is remanded for further proceedings in accordance with the decision, pursuant to Sentence 4 of 42 U.S.C. § 405(g). At the hearing, the ALJ shall credit all of Dr. Glousman's opinion testimony.
The ALJ found that plaintiff had the RFC to perform sedentary work except "she is precluded from performing overhead activities and pushing/pulling more than 10 pounds." (