JAMES R. KLINDT, Magistrate Judge.
Mike Martinez ("Plaintiff") is appealing the Commissioner of the Social Security Administration's final decision denying his claims for disability insurance benefits ("DIB") and supplemental security income ("SSI"). Plaintiff's alleged inability to work is a result of "Schizophrenia," "Diabet[]es," and "Fatty Liver." Transcript of Administrative Proceedings (Doc. No. 6; "Tr." or "administrative transcript"), filed January 29, 2016, at 80, 92, 106, 117, 130, 235. On February 2, 2012, Plaintiff filed applications for DIB and SSI, alleging an onset disability date of May 30, 2008. Tr. at 201-06 (DIB), 207-12 (SSI).
On November 26, 2013, an Administrative Law Judge ("ALJ") held a hearing, during which the ALJ heard testimony from Plaintiff, who appeared with a non-attorney representative,
On September 16, 2015, the Appeals Council denied Plaintiff's request for review, Tr. at 45-47, thereby making the ALJ's Decision the final decision of the Commissioner. On November 2, 2015, Plaintiff commenced this action under 42 U.S.C. §§ 405(g) and 1383(c)(3) by timely filing a Complaint (Doc. No. 1), seeking judicial review of the Commissioner's final decision.
Plaintiff raises two issues on appeal: 1) whether the ALJ erred in "ignor[ing] a statement from [Plaintiff's] aunt, especially in light of the fact that he requested said statement"; and 2) whether the ALJ erred in finding that Plaintiff has "no physical limitations on his ability to perform work" in the assessment of Plaintiff's residual functional capacity ("RFC"), "in light of the fact that [the ALJ] found [Plaintiff's] obesity to be a []severe impairment." Memorandum in Support of Plaintiff's Appeal of the Commissioner's Decision (Doc. No. 9; "Pl.'s Mem."), filed April 1, 2016, at 1;
When determining whether an individual is disabled,
Here, the ALJ followed the five-step sequential inquiry.
The ALJ determined that Plaintiff has the following RFC:
Tr. at 66 (emphasis omitted). At step four, the ALJ found that "[Plaintiff] is unable to perform any past relevant work" as a "[b]agger." Tr. at 70 (some emphasis and citation omitted). At step five, the ALJ considered Plaintiff's age ("41 years old . . . on the alleged onset disability date"), education ("a least a high school education and is able to communicate in English"), work experience, and RFC, and relied on the testimony of the VE to find Plaintiff is capable of performing work that exists in significant numbers in the national economy. Tr. at 71-72 (some emphasis omitted). Namely, the ALJ identified representative jobs as "[w]axer, [f]loor," "[m]arker," and "[c]leaner, [h]ousekeeping." Tr. at 71. The ALJ concluded that Plaintiff "has not been under a disability . . . from May 30, 2008, through the date of th[e D]ecision." Tr. at 72 (emphasis and citation omitted).
This Court reviews the Commissioner's final decision as to disability pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3). Although no deference is given to the ALJ's conclusions of law, findings of fact "are conclusive if . . . supported by `substantial evidence' . . . ."
Plaintiff first contends the ALJ erred in ignoring a third-party statement from his aunt, Carmen Cowart, about how Plaintiff's mental impairments affect him. Pl.'s Mem. at 1, 5-11. Defendant responds that "the ALJ properly considered the record as a whole in assessing Plaintiff's RFC." Def.'s Mem. at 5 (some capitalization and emphasis omitted). Specifically as to Ms. Cowart's letter, Defendant argues that "the ALJ's implicit rejection of the aunt's report is apparent."
Ms. Cowart appeared for Plaintiff's hearing, but due to time constraints, was unable to testify that day. Tr. at 20-22, 42-43. The ALJ offered to allow Ms. Cowart to come back at a later date, or to submit a letter. Tr. at 20-22, 42-43. Evidently, Ms. Cowart chose the latter option, and she submitted a letter dated December 26, 2013 in which she discussed in detail how Plaintiff's impairments affect him. Tr. at 283-84. According to Ms. Cowart, she handles "most of the[ ] affairs" of Plaintiff and his mother (Ms. Cowart's sister). Tr. at 283. Among other things, Ms. Cowart wrote the following.
Plaintiff "has [been] and continues to be extremely paranoid, often hiding himself in corners of his room." Tr. at 283. Plaintiff "frequently hears voices and sees things others do not see even though he has [been] and continues to be on medication." Tr. at 283. Plaintiff has been Baker Acted for "delusional thinking with extreme highs and lows." Tr. at 283. Plaintiff "seldom leaves his home and, if he does, must be accompanied by his mother, sister or [Ms. Cowart] because he has panic attacks and is not able to do even the smallest of tasks without supervision." Tr. at 283.
Plaintiff "often does not sleep for 3-4 days at a time, frequently pacing and unable to focus or maintain concentration." Tr. at 283. His mother administers his medications. Tr. at 283. He must be reminded to attend doctor's appointments. Tr. at 284. When Plaintiff is with family, "he either sits alone or watches television." Tr. at 283. "He seldom makes conversation or interacts with the other family members." Tr. at 283.
When Plaintiff was working as a bagger at a Publix grocery store, "[h]e began to frequently leave his position . . ., retreating to hide in the back of the store away from his fellow employees and customers while experienc[ing] panic attacks." Tr. at 283. "He would become lost when driving the three blocks to Publix from his home," the "same route he drove for many years while employed with Publix." Tr. at 283. Despite working for Publix for years, Plaintiff's "mental illness worsened and he was unable to continue due to exacerbation of his mental health issues." Tr. at 284.
The Regulations provide that the Administration will take into account evidence from family members, relatives, and caregivers in determining "the severity of [a claimant's] impairments and how it affects [the claimant's] ability to work." 20 C.F.R. §§ 404.1513(d)(4), 416.929(c)(3);
Here, there is no mention of Ms. Cowart's letter in the ALJ's Decision.
Plaintiff next contends that the ALJ erred in finding Plaintiff's obesity to be a severe impairment, but then concluding in the RFC that Plaintiff has no physical limitations on his ability to perform work. Pl.'s Mem. at 1, 11-13. Says Plaintiff, the lack of physical limitations in the RFC cannot be squared with the finding of a severe physical impairment, because, "by definition," a severe impairment causes work-related limitations.
Step two of the sequential evaluation process requires the ALJ to determine whether a claimant suffers from a severe impairment.
A severe impairment interferes with a claimant's ability to perform "basic work activities."
The RFC assessment "is the most [a claimant] can still do despite [his or her] limitations." 20 C.F.R. § 404.1545(a)(1). It is used at step four to determine whether a claimant can return to his or her past relevant work, and if necessary, it is also used at step five to determine whether the claimant can perform any other work that exists in significant numbers in the national economy. 20 C.F.R. § 404.1545(a)(5). In assessing a claimant's RFC, the ALJ "must consider limitations and restrictions imposed by all of an individual's impairments, even those that are not `severe.'" SSR 96-8P, 1996 WL 374184 at *5;
Here, there does appear to be an inconsistency between the ALJ's finding of obesity being a severe impairment at step two, and the ALJ's RFC determination that Plaintiff has no physical limitations on his ability to perform work.
After due consideration, it is
1. The Clerk of Court is directed to enter judgment pursuant to sentence four of 42 U.S.C. §§ 405(g) and 1383(c)(3),
2. The Clerk is further directed to close the file.
3. In the event benefits are awarded on remand, Plaintiff's counsel shall ensure that any § 406(b) fee application be filed within the parameters set forth by the Order entered in Case No. 6:12-mc-124-Orl-22 (In Re: Procedures for Applying for Attorney's Fees Under 42 U.S.C. §§ 406(b) and 1383(d)(2)).