HENRY R. WILHOIT, Jr., District Judge.
Plaintiff has brought this action pursuant to 42 U.S.C. §405(g) to challenge a final decision of the Defendant denying Plaintiff's application for disability insurance benefits and supplemental security income benefits. The Court having reviewed the record in this case and the dispositive motions filed by the parties, and being otherwise sufficiently advised, for the reasons set forth herein, finds that the decision of the Administrative Law Judge is supported by substantial evidence and should be affirmed.
Plaintiff filed his current application for disability insurance benefits and supplemental security income benefits in January 2013, alleging disability beginning in May 2012, due to fibromylagia, fibrosis and OCD (Tr. 280)
At the hearing, pursuant to 20 C.F.R. § 416.920, the ALJ performed the following five-step sequential analysis in order to determine whether the Plaintiff was disabled:
The ALJ issued a decision finding that Plaintiff was not disabled. Plaintiff was 40 years old on the date of the alleged onset of disability. He has a high school education education (Tr. 281). His past relevant work experience consists of work as a Bindery supervisor (Tr. 281).
At Step 1 of the sequential analysis, the ALJ found that Plaintiff had not engaged in substantial gainful activity since the alleged onset date of disability (Tr. 19).
The ALJ then determined, at Step 2, that Plaintiff suffers from right carpal tunnel syndrome, OCD, pain disorder, generalized anxiety disorder, obesity, fibromyalgia and rule-out cognitive disorder, which he found to be "severe" within the meaning of the Regulations (Tr. 19-20).
At Step 3, the ALJ found that Plaintiff's impairments did not meet or medically equal any of the listed impairments (Tr. 20-22).
The ALJ further found that Plaintiff could not return to his past relevant work (Tr. 27) but determined that he has the residual functional capacity ("RFC") to perform light work with the following limitations:
(Tr. 22).
The ALJ finally concluded that these jobs exist in significant numbers in the national and regional economies, as identified by the VE (Tr. 24). Therefore, the ALJ found Plaintiff tone not disabled at Step 5 of the sequential evaluation process. The Appeals Council denied Plaintiff's request for review and adopted the ALJ's decision as the final decision of the Commissioner . Plaintiff thereafter filed this civil action seeking a reversal of the Commissioner's decision. Both parties have filed Motions for Summary Judgment and this matter is ripe for decision.
The essential issue on appeal to this Court is whether the ALJ's decision is supported by substantial evidence. "Substantial evidence" is defined as "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion;" it is based on the record as a whole and must take into account whatever in the record fairly detracts from its weight. Garner v. Heckler, 745 F.2d 383, 387 (6
On appeal, Plaintiff contends that the ALJ erred at Step Two of the sequential analysis by failing to find that his spine impairments, depression, panic attacks, sleep apnea and hypothyroidism are "severe", as defined by the relevant regulations.
It is the burden of the claimant to prove the severity of her impairments. Higgs v. Bowen, 880 F.2d 860, 863 (6
Given that the ALJ did, in fact, find some impairments which passed the Step 2 hurdle, and continued with the sequential evaluation of Plaintiff's claim, detracts from Plaintiff;'s contention that any alleged error at Step 2 warrants remand. See Maziarz v. Sec'y of Health & Human Servs., 837 F.2d 240, 244 (6
What Plaintiff appears to be arguing is that the ALJ did not take into account all the evidence, medical and otherwise, in formulating the RFC. In reviewing the decision of the Administrative Law Judge (ALJ) in Social Security cases, the only issue before the court is whether the decision is supported by substantial evidence. "The findings of the Commissioner are not subject to reversal merely because there exists in the record substantial evidence to support a different conclusion. Even if the evidence could also support another conclusion, the decision of the Administrative Law Judge must stand if the evidence could reasonably support the conclusion reached." Alexander v. Apfel, 2001WL966284 (6
The court, however, finds that the ALJ extensively analyzed the doctors' reports in question and determined their credibility by looking at the objective medical records. The regulations provide that a treating physician's opinion will not be given controlling weight unless it is "well-supported by medically acceptable clinical and laboratory diagnostic techniques." 20 C.F.R. §404.1527(d)(2). If an ALJ does not find a treating source's opinion to be entirely credible, the ALJ may reject it, provided that good reasons are specified. Bogle v. Sullivan, 998 F.2d 342, 347-49 (6
It also evident from the ALJ's decision that she considered Plaintiff's testimony in making her determination. It is well established that as the "ALJ has the opportunity to observe the demeanor of a witness, his conclusions with respect to credibility should not be discarded lightly and should be accorded deference." Hardaway v. Secretary of Health and Human Services, 823 F.2d 922, 928 (6
The Court finds no error in the ALJ's analysis. Although the burden is upon him, Plaintiff fails to show what, exactly, in the record would support additional limitations, or what those limitations might be.
The Court finds that the ALJ's decision is supported by substantial evidence on the record. Accordingly, it is