WILLIAM S. DUFFEY, JR., District Judge.
This matter is before the Court on Magistrate Judge Catherine Salinas's Final Report and Recommendation [20] ("Final R&R"). The Final R&R recommends the Court reverse and remand the decision of the Commissioner of the Social Security Administration ("Commissioner") to deny Plaintiff Cleon Thelton Day, III's ("Plaintiff") application for a period of disability, disability insurance benefits ("DIB"), and supplemental security income ("SSI").
On October 12, 2012, Plaintiff filed an application for SSI, and on October 30, 2012, Plaintiff applied for a period of disability and DIB. (Transcript [8] ("Tr.") at 224-32). In both applications, Plaintiff alleged a disability onset of June 1, 2010. (Tr. at 217, 224). On January 30, 2013, the Social Security Administration ("SSA") denied Plaintiff's application, and upon reconsideration, on April 4, 2013, the SSA affirmed its denial. (Tr. at 60-115). Plaintiff appealed to an Administrative Law Judge ("ALJ"), who, on October 20, 2015, denied Plaintiff's claim, finding Plaintiff was not disabled. (Tr. at 13-31). Plaintiff appealed the ALJ's decision to the Appeals Council ("AC"), which, on November 22, 2016, denied Plaintiff's request for review. (Tr. at 1-6). On January 23, 2017, Plaintiff appealed the AC's decision to this Court. ([1], [3]).
Plaintiff, who was fifty-eight years old when he filed his application, alleges disability due to diabetes, high blood pressure, and depression. (Tr. at 62, 74, 88, 102). Plaintiff has a college education, and his past relevant work experience includes serving as a customer service representative and counselor. (Tr. 26, 39). According to the ALJ, Plaintiff has not engaged in substantial gainful activity since July 1, 2010, the alleged onset date. (Tr. at 19). The ALJ found Plaintiff's severe impairments were: major depressive disorder; anxiety disorder; diabetes mellitus; hypertension; obesity; and gastroesophageal reflux disease (GERD). (Tr. at 19).
In determining Plaintiff's residual functional capacity ("RFC"), the ALJ concluded Plaintiff had the RFC to perform "less than a full range of medium work." (Tr. at 22). The ALJ found Plaintiff is able to lift fifty pounds occasionally and twenty-five pounds frequently, can occasionally climb ramps and stairs, stoop, kneel, crouch, crawl, and balance, perform simple, routine, repetitive tasks in a work environment free of fast-paced production requirements, make simple work decisions, and have occasional interaction with co-workers, supervisor, and the public. (
In determining whether there were jobs that Plaintiff could perform, the ALJ relied on the testimony of a vocational expert ("VE") and found there were "jobs that exist in significant numbers in the national economy that the claimant can perform." (Tr. at 26). Based on the VE's testimony, the ALJ found Plaintiff can perform the requirements of medium, unskilled occupations such as a hand packager, warehouse worker, and hospital cleaner. (
Plaintiff contends that the Commissioner erred because the ALJ concluded there were "few treatment records" with respect to Plaintiff's mental impairments. ([15] at 16-19). Plaintiff argues that the ALJ disregarded the records of (1) Christine Lloyd, a mental health technician at Grady Hospital and Plaintiff's case manager, who Plaintiff met with in person twice per month from September 2013 through December 2014, and (2) Dana Abraham, a senior licensed mental health clinician with Grady Hospital, who Plaintiff met with during a weekly outpatient depression group between September 2013 and November 2013. ([15] at 16-19;
On January 30, 2017, the Magistrate Judge issued her Final R&R. The Magistrate Judge determined that the ALJ erred because, on review, it was unclear whether the ALJ considered all of the evidence in the record. ([20] at 18-20). The Magistrate Judge found that, "[w]ith no mention of Ms. Lloyd or Ms. Abraham's records in the in the ALJ's decisions, [she] [could not] determine if the ALJ adequately considered that evidence and properly weighed it." ([20] at 18). Plaintiff did not file any objections to the Final R&R.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1);
A court must "review the Commissioner's decision to determine if it is supported by substantial evidence and based upon proper legal standards."
An individual is considered to be disabled if she is unable "to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months[.]" 42 U.S.C. § 423(d)(1)(A). The impairments must result from anatomical, psychological, or physiological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques and must be of such severity that the claimant is not only unable to do her previous work but cannot, considering age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.
"The burden is primarily on the claimant to prove that [s]he is disabled, and therefore entitled to receive Social Security disability benefits."
Plaintiff contends the ALJ improperly ignored the medical records of Ms. Lloyd and Ms. Abraham when considering his mental impairments. ([15] at 18). The Magistrate Judge determined that the "[r]egulations and rulings require that an ALJ consider all relevant evidence in the case record, including opinion evidence from non-medical sources." ([20] at 11);
"While an ALJ is not required to discuss every piece of evidence on the record, [s]he must nonetheless `develop a full and fair record,' which, at least, means that h[er] opinion must describe h[er] analysis with enough detail to satisfy a reviewing court that [s]he gave all relevant evidence before h[er] its due regard."
The Magistrate Judge found that, "[i]t is evident from the record that Ms. Lloyd helped Plaintiff manage his affairs, assisted Plaintiff with finding housing, and educated Plaintiff on his medical conditions." ([20] at 12). The Magistrate Judge also found that "the record shows that Ms. Abraham facilitated at least ten depression group sessions that Plaintiff attended." (
The Magistrate Judge noted that while the ALJ is "not required to specifically refer to every piece of evidence in her decision," "it is not clear in this case whether the ALJ appropriately considered the `other source' evidence provided by Ms. Lloyd and Ms. Abraham." ([20] at 16). That is, "[i]f the ALJ elected to discount these records, the ALJ should have provided an explanation for any decision to reject the assessments of Ms. Lloyd and/or Ms. Abraham regarding Plaintiff's mood and mental state." (
For the foregoing reasons,