ERIC F. MELGREN, District Judge.
Plaintiff Michael Davis seeks review of a final decision by Defendant, the Commissioner of Social Security ("Commissioner"), denying his application for disability insurance benefits under Title II of the Social Security Act. Plaintiff alleges that the administrative law judge ("ALJ") erred in determining his residual functional capacity ("RFC") because it was not supported by substantial evidence and erred by failing to conduct a proper credibility analysis. Having reviewed the record, and as described below, the Court affirms the order of the Commissioner.
Michael Davis was born on December 17, 1955. On September 28, 2010, Davis applied for disability insurance nenefits alleging a disability beginning on January 1, 2003. At the hearing before the ALJ, Davis verbally amended his alleged onset date to December 17, 2005. Davis alleged that he was unable to work due to: hepatitis C; back, neck, shoulder, and arm pain; sleeplessness; depression and lack of concentration; and arthritis. His application was denied initially and upon reconsideration. Davis then asked for a hearing before an ALJ.
ALJ Joseph Doyle conducted an administrative hearing on March 14, 2012. Davis was represented by counsel at this hearing, and Davis testified about his medical conditions. The ALJ also heard from a vocational expert.
On August 24, 2012, the ALJ issued his written decision, finding that Davis had not engaged in substantial gainful activity from the onset date of December 17, 2005, through his last insured date of September 30, 2006. The ALJ found that Davis suffered from degenerative disc disease, left shoulder impingement, and status post throat surgery.
The ALJ determined that Davis had the RFC
The ALJ then determined that Davis was unable to perform his past relevant work. However, considering Davis's age, education, work experience, and RFC, the ALJ determined that jobs existed in the national economy that Davis could have performed. Thus, the ALJ concluded that Davis had not been under a disability during the relevant time period.
Given the unfavorable result, Davis requested reconsideration of the ALJ's decision from the Appeals Council. The Appeals Council denied Davis's request on May 28, 2014. Accordingly, the ALJ's August 2012 decision became the final decision of the Commissioner.
Davis filed a complaint in the United States District Court for the District of Kansas. He seeks reversal of the ALJ's decision and either the grant of benefits or remand to the Commissioner for a new administrative hearing. Because Davis has exhausted all administrative remedies available, this Court has jurisdiction to review the decision.
Judicial review of the Commissioner's decision is guided by the Social Security Act (the "Act") which provides, in part, that the "findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive."
An individual is under a disability only if he can "establish that she has a physical or mental impairment which prevents her from engaging in substantial gainful activity and is expected to result in death or to last for a continuous period of at least twelve months."
Pursuant to the Act, the Social Security Administration has established a five-step sequential evaluation process for determining whether an individual is disabled.
The first three steps of the sequential evaluation require the Commissioner to assess: (1) whether the claimant has engaged in substantial gainful activity since the onset of the alleged disability; (2) whether the claimant has a severe, or combination of severe, impairments; and (3) whether the severity of those severe impairments meets or equals a designated list of impairments.
Upon assessing the claimant's RFC, the Commissioner moves on to steps four and five, which require the Commissioner to determine whether the claimant can either perform his past relevant work or whether he can generally perform other work that exists in the national economy, respectively.
Plaintiff asserts two arguments. First, Plaintiff contends that the ALJ erred in determining his RFC because it was not supported by substantial evidence. Next, Plaintiff asserts that the ALJ erred in determining that he was not fully credible.
Plaintiff first argues that the ALJ failed to properly determine his RFC because substantial evidence in the record did not support the ALJ's finding and because the ALJ failed to link the RFC to medical and non-medical evidence of record. "The RFC assessment must include a narrative discussion describing how the evidence supports each conclusion, citing specific medical facts (e.g., laboratory findings) and nonmedical evidence (e.g., daily activities, observations)."
In this case, the ALJ lists the medical and non-medical evidence relating to Plaintiff's limitations. The ALJ discusses Plaintiff's complaints and credibility. The ALJ notes that with regard to the relevant period (December 2005 through September 2006) there was little to no supporting evidence of Plaintiff's physical ailments. In addition, the ALJ states that much of the evidence after the relevant period did not support Plaintiff's alleged functional limitations. The ALJ notes the medical source opinions and what weight he gives those opinions. Three physicians concluded that there was insufficient evidence to determine whether Plaintiff had several impairments during the relevant period. The ALJ notes this fact and determined that while these three opinions were "defensible," he would give Plaintiff the benefit of the doubt and incorporate some limitations into Plaintiff's RFC.
The ALJ stated that he gave great weight to two opinions. One of these opinions, Dr. Raclaw's, is an acceptable medical source, and the ALJ noted that Dr. Raclaw's conclusions were consistent with the weight of the evidence. The ALJ also gave great weight to another opinion, Sarah Lewis, a non-medical reviewing source. Plaintiff complains that the ALJ inappropriately gave great weight to this opinion because Ms. Lewis was not a medical expert. The ALJ, however, noted that Ms. Lewis was not an acceptable medical source. Nevertheless, the ALJ concluded that her opinion was consistent with the record. Furthermore, there was no prejudice to Plaintiff by the ALJ giving great weight to Ms. Lewis's opinion, and the ALJ's finding benefitted Plaintiff.
Plaintiff next alleges that the ALJ erred by failing to conduct a proper credibility analysis as required by Social Security Ruling 96-7p
Recognizing that "some claimants exaggerate symptoms for the purposes of obtaining government benefits,"
In evaluating a disability claim based on nonexertional symptoms, including pain, the ALJ must first determine whether the objective medical evidence demonstrates that a claimant suffers from an underlying medically determinable physical or mental impairment.
In this case, the ALJ found that Plaintiff's statements regarding his impairments were "not fully credible in light of his available medical history, the reports of treating and examining medical professionals, the degree of medical treatment required to manage the claimant's impairments, and evidence of the claimant's capabilities with respect to his activities and overall lifestyle." He also stated that although Plaintiff alleged many physical and associated mental symptoms, there was little to no supporting evidence. The ALJ then went on to discuss and note the 2003 medical evidence (prior to the relevant time period of December 2005 through September 2006), the 2006 medical evidence (very little), and the 2010 medical evidence (subsequent to the relevant time period). He noted whether the medical evidence was consistent or inconsistent with Plaintiff's complaints of debilitating ailments. The ALJ discussed Plaintiff's daily activities. In addition, the ALJ noted Plaintiff's physical appearance and demeanor at the hearing. Finally, the ALJ referenced Social Security Ruling 96-7p, and those relevant factors, in determining Plaintiff's credibility.
Based on a review of the record, this Court determines that the ALJ articulated specific reasons for finding Plaintiff not fully credible, and these reasons are affirmatively linked to evidence in the record. As stated above, the Court will not reweigh the evidence or substitute its own judgment for that of the ALJ.