CAROLYN K. DELANEY, Magistrate Judge.
Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying an application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act ("Act"). The parties have consented to Magistrate Judge jurisdiction to conduct all proceedings in the case, including the entry of final judgment. 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 October 16, 1961, applied on August 30, 2012 for SSI, alleging disability beginning October 19, 2010. Administrative Transcript ("AT") 236-242. Her alleged disability onset date was later amended to July 30, 2011. AT 18, 57. Plaintiff alleged she was unable to work due to bilateral carpal tunnel syndrome, rotator cuff issues, high blood pressure, and depression. AT 93. In a decision dated January 11, 2016, the ALJ determined that plaintiff was not disabled.
AT 20-31.
Plaintiff argues that the ALJ committed the following errors in finding plaintiff not disabled: The ALJ's residual functional capacity determination is not supported by substantial evidence.
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 generally asserts that the RFC is not supported by substantial evidence. Specifically, she claims that the ALJ improperly discounted the opinion of a State Agency doctor, Dr. Christopher Maloney, as to plaintiff's manipulative limitations. While Dr. Maloney opined, after reviewing plaintiff's records in 2013, that she was limited to occasional handling, fingering, and feeling in her right hand (AT 118), the RFC allowed for "frequent bilateral handling and fingering." AT 22.
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 considered opinions by two State Agency consultants, Dr. Dann and Dr. Maloney, regarding plaintiff's physical capacity to perform work-related functions:
AT 26;
As stated above, the ALJ gave both Agency doctors' opinions "partial weight," finding both opinions consistent with evidence of mild neuropathy in plaintiff's right wrist and mild carpal tunnel syndrome of the left wrist.
Plaintiff argues that the ALJ failed to explain why Dr. Maloney's manipulative limitations were rejected. However, the ALJ reviewed the objective medical evidence concerning plaintiff's carpal tunnel syndrome, including a September 2011 surgery on her right and subsequent nerve conduction studies. AT 24, 552. A December 2011 nerve conduction study and EMG showed mild carpal tunnel syndrome in the right wrist and early moderate carpal tunnel syndrome in the left wrist. AT 24, 1022, 1039. Also in December 2011, an arthrogram of plaintiff's left shoulder showed a partial tear thickness of the supraspinatus tendon, but otherwise intact labrum and no rotator cuff tear. AT 29, 489-490. In a September 2012 examination, plaintiff presented with continuing pain in the right hand and increased pain and numbness in the left hand. AT 1039. She was diagnosed with positive Tinel's sign over the median nerve at the right and left wrists, a pain-free range of motion in the right shoulder, restricted range of motion in the left shoulder, and no muscle atrophy in the left hand. AT 1040. "Hand grip strength cannot be properly done as she showed poor effort," the examiner noted. AT 1040.
The ALJ summarized the subsequent medical evidence concerning plaintiff's wrists, arms, and shoulder, including September 2014 notes of a full range of motion and mild right hand weakness, "with good sensation in the ulnar distribution of her hand and possibly a little bit of weakness in her fourth and fifth digits" (AT 24, 1189); a November 2014 EMG noting "very mild median neuropathy across the right wrist and mild carpal tunnel syndrome om the left wrist (AT 25, 1181); and September 2015 notes indicating that plaintiff's "right wrist had normal flexion to 75 degrees, decreased extension to 45 degrees, and normal radial and ulnar deviation. The claimant avoided using the right hand and kept the thumb adducted at all times. Her grip strength in her right hand was noted at two out of five, but she did not use her thumb. Her left grip strength was noted as five out of five." AT 25, 1660.
The ALJ summarized the findings of Dr. Elise Smith-Hofer, who examined plaintiff in 2012 in connection with her workers compensation claim:
AT 27;
As to plaintiff's left shoulder, the ALJ noted her 2011 arthroscopy and related records, along with 2015 examination notes stating "that the claimant was very guarded and used her body and trapezius to move her shoulder when asked." AT 25, 1660. The ALJ assigned "great weight" to the opinion of Dr. Jeffrey Metheny, who in 2011 opined that "her objective exam is quite good, and I have very little objective evidence to keep her from work" based on reported issues with her left shoulder. AT 26, 718.
The ALJ concluded that the RFC was supported by the objective medical evidence as set forth above. AT 29. "The statements made by the claimant were taken into consideration; however, her refusal of additional medical treatment, poor effort, practicing of pain behavior activities, and fabrication of her physical findings, along with the level of activity that she could tolerate lead to a determination that the claimant's allegations are not entirely credible," the ALJ wrote. AT 29 (record citations omitted). Plaintiff does not challenge the ALJ's adverse credibility finding, which has support in the record as set forth above and was a factor in the RFC assessment. In sum, the ALJ adopted Dr. Dann's opinion that plaintiff could perform frequent handling and fingering as being the most consistent with the overall medical record and in light of documented issues with plaintiff's credibility and effort.
For the reasons discussed above, the court concludes that plaintiff's assessed RFC was adequately explained and grounded in substantial evidence.
For the reasons stated herein, IT IS HEREBY ORDERED that:
1. Plaintiff's motion for summary judgment (ECF No. 15) is denied;
2. The Commissioner's cross-motion for summary judgment (ECF No. 20) 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.