DOUGLAS F. McCORMICK, Magistrate Judge.
Plaintiff Tijuana Lenoir appeals from the final decision of the Administrative Law Judge ("ALJ") denying her applications for Disability Insurance and Supplement Security Income benefits. The Court finds that the ALJ's decision was supported by substantial evidence. Therefore, the ALJ's decision is affirmed and this matter is dismissed with prejudice.
Plaintiff filed her benefits applications on July 24, 2008, alleging disability beginning October 31, 2007. Administrative Record ("AR") 29. On March 10, 2010, the ALJ issued an unfavorable decision. AR 29-36.
On July 6, 2012, Plaintiff filed this action for judicial review. Dkt. 1. On February 7, 2014, the Court dismissed the action without prejudice due to Plaintiff's failure to prosecute after Plaintiff repeatedly failed to file her memorandum in support her complaint.
On March 13, 2014, Plaintiff filed a series of documents, including a motion to revoke the judgment and a document entitled "Reply to Defendant's Answer and Memorandum of Points and Authorities." Dkt. 39, 40 ("Memorandum"). On March 21, 2014, the Court granted Plaintiff's motion to revoke the judgment and vacated its judgment of dismissal. Dkt. 45. The Court also deemed Plaintiff's "Reply" to be Plaintiff's Memorandum in Support of Plaintiff's Complaint.
The Court then ordered Defendant to file a Memorandum in Support of Defendant's Answer within thirty days, which Defendant filed on April 19, 2014. Dkt. 47 ("Answer"). On October 23, 2014, Plaintiff filed a reply to Defendant's answer. Dkt. 60 ("Reply").
The parties dispute whether the ALJ's final decision was supported by substantial evidence and free of reversible error.
Under 42 U.S.C. § 405(g), a district court may review the Commissioner's decision to deny benefits. The ALJ's findings and decision should be upheld if they are free from legal error and are supported by substantial evidence based on the record as a whole. 42 U.S.C. § 405(g);
The ALJ conducted the five-step disability analysis, as set forth in 20 C.F.R. §§ 404.1520(a) and 416.920(a), as follows:
At step one, the ALJ found that Plaintiff had not performed substantial gainful activity since October 31, 2007, the alleged onset date of her disability. AR 31.
At step two, the ALJ found that Plaintiff had the severe impairments of osteoarthritis of the knee, chronic obstructive pulmonary disease, schizophrenia, and affective mood disorder.
At step three, the ALJ determined that Plaintiff's impairments did not meet or equal a listed impairment in 20 C.F.R., Part 404, Subpt. P., App.1. AR 31. The ALJ also determined at step three that Plaintiff retained the residual functional capacity ("RFC") to perform a range of sedentary to light work
AR 32.
At step four, the ALJ determined that Plaintiff could not perform her past relevant work as a clerical and assembly worker, office assistant, or office manager. AR 35.
At step five, the ALJ relied upon the testimony of a vocational expert ("VE") to find that Plaintiff could perform other work that existed in significant numbers in the regional and national economies, such as electronics worker, credit checker, and hand packer. AR 35-36. The ALJ therefore concluded that Plaintiff was not disabled. AR 36.
As noted above, Plaintiff does not clearly identify any specific error in the ALJ's findings. Therefore, the Court will review the ALJ's findings to determine if they are supported by substantial evidence in the record and free from error.
The ALJ extensively reviewed the medical record and determined that the evidence did not support a finding of disability. AR 32-34. As noted by the ALJ, the medical records documented multiple emergency room visits in 2006 and 2007 for complaints of right knee pain. X-rays taken on March 26, 2008 showed degenerative joint disease in Plaintiff's right knee. AR 33 (citing AR 211). A subsequent x-ray of Plaintiff's right knee taken on April 2, 2009 showed advanced degenerative joint disease. AR 34 (citing AR 247). Plaintiff was apparently treated with pain medications and cortisone injections. AR 213. There is no indication in the record that Plaintiff received any more extensive treatment, such as surgery.
The ALJ also noted that Plaintiff was treated on October 6, 2009 for mental health issues and was diagnosed with schizoaffective disorder and methamphetamine abuse. AR 34 (citing AR 250). Plaintiff was discharged on the same day.
The ALJ relied up the consultative examining physician's finding that Plaintiff was capable of performing light work with some limitations on standing and walking. AR 33 (citing AR 213-17). Dr. Gabriel Fabella examined Plaintiff on October 22, 2008. AR 213. The results of Dr. Fabella's examination of Plaintiff demonstrated the following: Plaintiff had some limited range of motion in her back; straight leg raising tests were negative; range of motion was limited in both knees; Plaintiff's gait was mildly antalgic, favoring the right leg; she was able to walk unassisted although she moved slowly; and an x-ray of the right knee showed moderate osteoarthritis. AR 216-17. Dr. Fabella diagnosed Plaintiff with osteoarthritis of both knees, with the right worse than the left; probable osteoarthritis of the lumbar spine with decreased range of motion but no radiculopathy; and asthma. AR 217.
The ALJ also relied up the opinion of the consultative psychiatric physician, Dr. Reynaldo Abejuela. AR 33 (citing AR 219-25). Plaintiff complained of hearing voices, depression, and anxiety. AR 220. Her affect was mildly depressed and anxious. AR 221. Dr. Abejuela's examination of Plaintiff was generally unremarkable. AR223-25. Dr. Abejuela diagnosed Plaintiff with depression and anxiety, and offered the "overall assessment" that her "occupational and social functioning impairment is none to mild." AR 224.
In addition, the ALJ relied on the opinions of the State Agency reviewing physicians, who essentially agreed with the opinions of Drs. Fabella and Abejuela that Plaintiff could perform light work with some limitations and did not have any severe psychiatric impairment. AR 34 (citing AR 226-30, 231-41, 242-43, 244-46). In fact, the ALJ gave Plaintiff the benefit of the doubt in limiting Plaintiff to light work with some additional postural restrictions. One of the State Agency reviewing physicians actually found Dr. Abejuela's limitation to standing and/or walking for only two to three hours per day too restrictive, noting that Plaintiff's examination revealed only a mild decreased range of motion in her knees and back. AR 230. Notably, there is no medical opinion in the record, including that of a treating physician, opining greater physical or mental limitations than those found by the ALJ.
In sum, the ALJ's findings are well-supported by the Plaintiff's medical record. The ALJ's decision was supported by substantial evidence.
In her Reply, Plaintiff makes various claims, none of which provide any basis to reverse the ALJ's decision.
First, Plaintiff argues that more recent medical tests indicate that her back and knee osteoarthritis has significantly worsened since the ALJ's decision.
Second, Plaintiff argues that the examining and reviewing physicians chosen by the Social Security Administration provided erroneous opinions and were biased against Plaintiff.
Finally, Plaintiff claims that the VE's testimony that there was other work available in significant numbers that Plaintiff could perform was flawed because the VE did not take into account the fact that the national economy has been in an extended and unprecedented recession. Again, Plaintiff does not support her argument with any legal or factual citation. The ALJ was entitled to rely upon the VE's testimony in determining that there was other work available at step five of the sequential evaluation process.
The ALJ's decision was supported by substantial evidence in the record, and Plaintiff has failed to identify any errors which require reversal of the ALJ's decision. Accordingly, Plaintiff is not entitled to relief.
For the reasons stated above, the ALJ's decision is affirmed and the matter is dismissed with prejudice.