BETH P. GESNER, Magistrate Judge.
Dear Counsel:
Pending before this court, by the Parties' consent (ECF Nos. 7, 16), are Plaintiff's Motion for Summary Judgment ("Plaintiff's Motion") (ECF No. 15) and Defendant's Motion for Summary Judgment ("Defendant's Motion") (ECF No. 18). The undersigned must uphold the Commissioner's decision if it is supported by substantial evidence and if proper legal standards were employed. 42 U.S.C. §§ 405(g), 1383(c)(3);
On April 7, 2011, Plaintiff filed a Title II application for a period of disability and disability insurance benefits, and a Title XVI application for supplemental security income, both alleging disability beginning on April 30, 2009. (R. at 12.) Her claim was denied initially on August 18, 2011, and on reconsideration on December 5, 2011. (
The ALJ found that Plaintiff had the following severe impairments: fibromyalgia, depression, anxiety, and chronic obstructive pulmonary disease. (R. at 14.) Despite these impairments, the ALJ found that Plaintiff does not have an impairment or combination of impairments that meets or medically equals the severity of a listed impairment in 20 C.F.R. § 404, Subpart P, Appendix 1. (R. at 15.) The ALJ concluded that Plaintiff retained the residual functional capacity ("RFC") to perform sedentary work as defined in 20 C.F.R. §§ 404.1567(a), except that she: (1) must avoid exposure to excessive smoke, dust, and fumes; (2) is limited to performing simple, repetitive tasks; and (3) must avoid close interaction with the general public. (R. at 17-20.)
The Appeals Council denied Plaintiff's request for review on December 7, 2014, making the ALJ's opinion the final and reviewable decision of the Commissioner. (Pl.'s Mot. at 2, ECF No. 15.) Plaintiff challenges the Commissioner's decision on three grounds. First, Plaintiff argues that the ALJ failed to follow the treating physician rule and, thus, improperly evaluated the medical opinion evidence presented. Second, Plaintiff argues that the ALJ failed to conduct a function-by-function analysis in determining Plaintiff's mental RFC. Finally, Plaintiff claims that the ALJ erred by not addressing in the RFC assessment Plaintiff's "moderate difficulties" in concentration, persistence, or pace, as required by the Fourth Circuit's decision in
First, Plaintiff argues that the ALJ erred by failing to follow the treating physician rule as to the opinions of three of Plaintiff's treatment providers: her psychiatrist Dr. Helsel; her psychologist Dr. Whitten; and her primary care physician Dr. Higgs-Shipman. (Pl.'s Mot. at 9.) Under the treating physician rule, the ALJ must generally give more weight to a treating physician's opinion.
In reaching his mental RFC assessment, the ALJ reviewed the treatment records of Dr. David Helsel, Plaintiff's psychiatrist, and Dr. Durwood Whitten, Plaintiff's psychologist. In his analysis, the ALJ explained that Dr. Helsel and Dr. Whitten's "assessments are given little weight because it [
The record reflects that the inconsistencies identified by the ALJ are supported by substantial evidence. In Plaintiff's Medical Assessment Report, dated October 11, 2011, Dr. Helsel opined that Plaintiff "is irritable, cries spontaneously without provocation, easily distracted, low energy" and that Plaintiff would be unable to withstand the stress and pressures of a competitive work environment. (Ex. 11F, R. at 305.) Yet, Dr. Helsel's treatment notes from that same day state that: Plaintiff's psychomotor activity is normal; her "speech is clear, coherent and goal-directed;" her "mood is described by patient as fine;" "Thoughts are spontaneous and appropriate;" her "Behavior was cooperative." (Ex. 6F, R. at 293.)
Similarly, Dr. Whitten opined in Plaintiff's Medical Assessment Report, dated April 29, 2013, that Plaintiff's "depression and anxiety frequently inhibit her ability to function on a reliable basis day to day." (Ex. 15F, R. at 344). Yet, Dr. Whitten's treatment notes from April 26, 2013 state that, "Patient has made great strides in developing adaptive coping mechanisms. She endorsed fewer anxiety episodes and fewer panic attacks over time," and recommends only "monthly maintenance of medication management and psychotherapy." (Ex. 14F, R. at 317.) At an earlier treatment session, Dr. Whitten had noted of Plaintiff that: "Appearance: Patient is well developed, well nourished, in no apparent distress and with good attention to hygiene and body habits. General Behavior: Overt behavior and psychomotor activity is within normal limits. Mood: all right. Affect: Affect is full-ranged and appropriate." (Ex. 14F, R. at 318.)
The inconsistencies between Dr. Helsel and Dr. Whitten's Medical Assessment Reports and their treatment notes are substantial evidence supporting the ALJ's decision to attribute "little weight" to their opinions when making the RFC determination. As the ALJ properly considered such inconsistencies in reaching this administrative decision, it cannot be said that the ALJ's decision to attribute little weight to the opinions of Plaintiff's mental health treatment providers was erroneous.
With respect to Plaintiff's physical RFC, the ALJ concluded that treating physician Dr. Higgs-Shipman's "assessment is given little weight because it is no [
Second, Plaintiff argues that the ALJ failed to conduct a function-by-function analysis, as required by SSR 96-8p, in determining Plaintiff's mental RFC. (Pl.'s Mot. at 16-17.) Defendant asserts that an explicit function-by-function analysis is not required, so long as the ALJ "properly assesses a claimant's capacity to perform relevant work-related mental activities." (Def.'s Mot. at 14-15.) SSR 96-8p requires the ALJ to consider the functions outlined in paragraphs (b), (c), and (d) of 20 CFR 404.1545 and 416.945. Those regulations direct the ALJ to consider,
Finally, Plaintiff claims that the ALJ did not adequately evaluate Plaintiff's "moderate difficulties" in concentration, persistence, or pace, as required by
For the reasons stated above, Plaintiff's Motion (ECF No. 15) is GRANTED IN PART and DENIED IN PART, Defendant's Motion (ECF No. 18) is DENIED, the Commissioner's denial of benefits is VACATED, and the case is REMANDED for further proceedings consistent with this opinion.
Despite the informal nature of this letter, it will constitute an Order of the court and will be docketed accordingly.