CAROLYN K. DELANEY, Magistrate Judge.
Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying applications for Disability Income Benefits ("DIB") and Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act ("Act"), respectively. For the reasons discussed below, the court will deny plaintiff's motion for summary judgment and grant the Commissioner's cross-motion for summary judgment.
Plaintiff, born January 30, 1983, applied in April, 2011 for DIB and SSI, alleging disability beginning December 24, 2010. Administrative Transcript ("AT") 171-181. Plaintiff alleged she was unable to work due to anxiety and depression. AT 212. In a decision dated July 10, 2013, the ALJ determined that plaintiff was not disabled.
AT 11-22.
Plaintiff argues that the ALJ improperly rejected the opinion of a consultative examining psychologist and improperly assessed plaintiff's residual functional capacity.
The court reviews the Commissioner's decision to determine whether (1) it is based on proper legal standards pursuant to 42 U.S.C. § 405(g), and (2) substantial evidence in the record as a whole supports it.
The record as a whole must be considered,
Plaintiff contends that the ALJ improperly rejected the opinion of consultative examining psychologist Sid Cormier, Ph.D. The weight given to medical opinions depends in part on whether they are proffered by treating, examining, or non-examining professionals.
To evaluate whether an ALJ properly rejected a medical opinion, in addition to considering its source, the court considers whether (1) contradictory opinions are in the record, and (2) clinical findings support the opinions. An ALJ may reject an uncontradicted opinion of a treating or examining medical professional only for "clear and convincing" reasons.
Dr. Cormier performed a comprehensive mental evaluation on August 12, 2011. AT 344-349. Dr. Cormier assessed plaintiff with moderate impairments in the ability to perform complex and detailed work as well as simple and repetitive work, maintain regular attendance, and complete a normal workweek without interruptions from her anxiety and depression. AT 348. Plaintiff was also found to have moderate to serious limitation in dealing with stresses encountered in a competitive work situation and a mild to moderate impairment in the ability to interact with coworkers and the general public. No impairment was found with respect to sustained concentration, persistence, or pace, and there was no evidence of decomposition in a work or work-like setting. Dr. Cormier also opined that plaintiff's impairments would improve significantly if she fully participated in therapeutic services on a regular basis.
The ALJ accorded little weight to Dr. Cormier's opinion that plaintiff had moderate limitations in the ability to perform simple and repetitive work on the basis that this opinion was inconsistent with the opinions of the state agency reviewing physicians and plaintiff's treating physician, based on plaintiff's subjective complaints. AT 16. In finding that the functional areas assessed by Dr. Cormier as moderately impaired were not sufficiently severe non-exertional limitations requiring vocational expert testimony, the ALJ also considered that the agency definition of moderate means that the plaintiff can still function satisfactorily in that area. AT 17. Good weight was accorded to Dr. Cormier's assessment of mild impairments in her ability to interact with coworkers and the general public as consistent with Dr. Cormier's objective findings and consistent with the other record medical opinions.
As discussed by the ALJ, all of the other record medical opinions assessed plaintiff with only mild to moderate limitations. Plaintiff's treating psychologist, Dr. Kuiper, who began treating plaintiff in February 2012, opined on April 12, 2012 that plaintiff had a good ability in all functional areas with an unlimited ability to understand, remember, and carry out simple instructions. AT 401-403, 461-463. The ALJ accorded Dr. Kuiper's opinion great weight. AT 15. State agency psychologist Dr. Schwartz similarly opined in September, 2011 that plaintiff was not significantly limited in most functional areas, was only moderately limited in the ability to understand and remember and carry out detailed instructions and maintain attention and concentration for extended periods, and could remember and carry out simple instructions. AT 69-70. In May, 2012 state agency psychologist Dr. Meneese assessed plaintiff with moderate limitations in some functional areas, not significantly limited in all other areas and concluded that plaintiff had no mental limitations precluding performance of simple repetitive routine tasks. AT 79-88. Substantial weight was accorded the opinions of the state agency psychologists. AT 16.
In determining the weight to be accorded the various record medical opinions, the ALJ discussed in detail plaintiff's medical records which indicated only minimal and sporadic mental health treatment, effectiveness of medication and lack of psychiatric treatment and therapies. AT 15-20. In light of the unremarkable findings in Dr. Cormier's consultative examination and the entire medical record, the court finds no error in the ALJ's consideration of the record medical opinions.
Plaintiff also contends that the ALJ improperly assessed her residual functional capacity. Social Security Ruling 96-8p sets forth the policy interpretation of the Commissioner for assessing residual functional capacity. SSR 96-8p. Residual functional capacity is what a person "can still do despite [the individual's] limitations." 20 C.F.R. §§ 404.1545(a), 416.945(a) (2003);
The ALJ assessed plaintiff with the residual functional capacity to perform a full range of work at all exertional levels, limited to simple unskilled work with limited public and fellow employee contact. Plaintiff contends this RFC does not capture all of plaintiff's mental limitations. As discussed above, both state agency physicians found that plaintiff could remember and carry out simple instructions. Moreover, as noted by the ALJ, the moderate limitations assessed by the state agency physicians indicate that plaintiff is still able to function satisfactorily in those areas assessed as moderate.
For the reasons stated herein, IT IS HEREBY ORDERED that:
1. Plaintiff's motion for summary judgment (ECF No. 13) is denied;
2. The Commissioner's cross-motion for summary judgment (ECF No. 14) is granted; and
3. Judgment is entered for the Commissioner.
The claimant bears the burden of proof in the first four steps of the sequential evaluation process.