JOHN A. ROSS, District Judge.
This is an action under 42 U.S.C. § 405(g) for judicial review of the Commissioner of Social Security's final decision denying Artie Horton's ("Horton") application for supplemental security income benefits under Title XVI of the Social Security Act, 42 U.S.C. § 1381, et seq.
Horton applied for disability insurance benefits on August 11, 2014, alleging disability as of June 14, 2014, due to gastroesophageal reflux disease (GERD)/Barrett's esophagus, hiatal hernia, right eye blindness, learning disorder, and marijuana use disorder. After his application was denied at the initial administrative level, he requested a hearing before an administrative law judge ("ALJ"). Following a hearing on January 11, 2017, the ALJ issued a written decision on March 13, 2017, denying his application. Horton's request for review by the Appeals Council was denied. Thus, the decision of the ALJ stands as the final decision of the Commissioner.
The Court adopts Horton's Statement of Facts (Doc. No. 17-1).
The court's role on judicial review is to determine whether the ALJ's findings are supported by substantial evidence in the record as a whole.
To determine whether the ALJ's final decision is supported by substantial evidence, the court is required to review the administrative record as a whole and to consider:
The Social Security Act defines as disabled a person who 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 twelve months." 42 U.S.C. § 1382c(a)(3)(A). The impairment must be "of such severity that [the claimant] is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work." 42 U.S.C. § 1382c(a)(3)(B).
The Commissioner has established a five-step process for determining whether a person is disabled. 20 C.F.R. §§ 416.920(a), 404.1520(a). "If a claimant fails to meet the criteria at any step in the evaluation of disability, the process ends and the claimant is determined to be not disabled."
First, the claimant must not be engaged in "substantial gainful activity" ("SGA"). 20 C.F.R. §§ 416.920(a), 404.1520(a). Second, the claimant must have a "severe impairment," defined as "any impairment or combination of impairments which significantly limits [claimant's] physical or mental ability to do basic work activities." 20 C.F.R. §§ 416.920(c), 404.1520(c). "The sequential evaluation process may be terminated at step two only when the claimant's impairment or combination of impairments would have no more than a minimal impact on [his or] her ability to work."
If the claimant has a severe impairment, the ALJ must determine at step three whether any of the claimant's impairments meets or equals an impairment listed in the Regulations. 20 C.F.R. §§ 416.920(d), 404.1520(d). If the claimant has one of, or the medical equivalent of, these impairments, then the claimant is per se disabled without consideration of the claimant's age, education, or work history.
Disability claims based on mental disorders are evaluated in essentially the same manner as claims based on physical impairments. If the mental impairment is severe, the ALJ must determine whether it meets or equals any of the Listings. The Listings of mental impairments consist of three sets of "criteria"—the Paragraph A criteria (a set of medical findings), Paragraph B criteria (a set of impairment-related functional limitations), and paragraph C criteria (additional functional criteria applicable to certain Listings). The Paragraph A criteria medically substantiate the presence of a particular mental disorder. The Paragraphs B and C criteria describe the impairment-related functional limitations that are incompatible with the ability to perform SGA.
There are four areas in which the ALJ rates the degree of functional limitation: (1) activities of daily living; (2) social functioning; (3) concentration, persistence, or pace; and (4) episodes of decompensation (the "Paragraph B criteria"). 20 C.F.R. § 404.1520a(c)(3). A claimant can satisfy the Paragraph C criteria by showing: (1) extended episodes of decompensation; (2) a "residual disease process that has resulted in such marginal adjustment that even a minimal increase in mental demands or change in the environment would be predicted to cause the individual to decompensate," or (3) a "[c]urrent history of 1 or more years' inability to function outside a highly supportive living arrangement." 20 C.F.R. Pt. 404, Subpt. P, App. 1, § 12.00(C). The Paragraph C criteria are assessed only if the Paragraph B criteria are not satisfied. If the claimant satisfies the A and B, or A and C criteria, he will be considered disabled. 20 C.F.R. Pt. 404, Subpt. P, App. 1, § 12.00(A); see also 20 C.F.R. 404.1520a (detailing evaluation of mental impairments).
If the claimant's impairment does not meet or equal a Listing, the All must determine the claimant's residual functional capacity ("RFC").
At step four, the All must determine whether, given his RFC, the claimant can return to his past relevant work. 20 C.F.R. §§ 404.1520(a)(4)(iv), 404.1520(f), 416.920(a)(4)(iv), 416.920(f);
Through step four, the burden remains with the claimant to prove he is disabled.
The ALJ found Horton had the severe impairments of GERD/Barrates esophagus, hiatal hernia, right eye blindness, learning disorder and marijuana use disorder, but that no impairment or combination of impairments met or medically equaled the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. (Tr. 15). In making this determination, the ALJ found Horton's impairments did not satisfy the criteria of any functional limitation under Paragraph B. (
After considering the entire record, the ALJ determined that Horton had the residual functional capacity ("RFC") to perform a range of medium work with the following limitations: he can lift, carry, push or pull 50 pounds occasionally, and 25 pounds frequently; may sit for six hours in an eight-hour workday; may stand or walk for six hours in an eight-hour workday; may only occasionally climb ropes, ladders or scaffolds; may only have occasional exposure to unprotected heights or hazardous machinery; may not perform work which requires peripheral vision on the right side; is able to understand, remember, and perform complex tasks; must not be required to read or write complex written material. (
In his appeal of the Commissioner's decision, Horton first argues that the All failed to point to medical evidence to support the finding of RFC. (Doc. No. 17-1 at 5-20). In determining whether the All properly considered the medical opinion evidence, the court's role is limited to reviewing whether substantial evidence supports this determination and not to decide whether the evidence supports the claimant's view of the evidence.
Some medical evidence must support the determination of the claimant's RFC.
The ALJ properly evaluated the medical opinion evidence in considering the opinions of Horton's treating physicians. Dr. Craig Holzem opined that Horton was doing well after switching Horton's medication from Zantac to Dexilant. (Tr. 13). Dr. Holzem gave Horton a coupon to allow Horton to continue receiving Dexilant after his insurance stopped covering the drug. (
Dr. Fred Williams examined Horton on March 9, 2015 and noted that Horton's description of his nausea and vomiting was inconsistent and changed throughout the appointment. (Tr. 14, 357). Dr. Williams believed that the chronic nausea and vomiting could be the result of heavy marijuana use and advised Horton to stop. (Tr. 14). Horton's upper endoscopy showed ulcerative esophagitis and multiple superficial ulcers, but no bleeding. (
Furthermore, the ALI properly evaluated the medical opinion evidence in considering the opinion of consulting physician, Dr. Paul Rexroat. Dr. Rexroat opined that Horton could understand and remember simple instructions, sustain concentration and persistence with simple tasks, interact socially and had only mild limitations adapting to his environment. (Tr. 346). He diagnosed Horton with specific learning disorder with impairments in reading and writing. (Tr. 347). The All properly gave little weight to Dr. Rexroat's opinion because his opinion appeared largely based on Horton's subjective allegations. (Tr. 18).
The ALJ also evaluated the medical evidence surrounding the opinion of state agency psychological consultant, Dr. Robert Cottone. Dr. Cottone opined that Horton had no medically determinable psychiatric impairment. (Tr. 58). The ALJ properly gave little to no weight to Dr. Cottone's opinion because it was inconsistent with Horton's diagnosed learning impairment. (Tr. 15, 18, 347).
The Court concludes that the ALJ evaluated all of the medical opinion evidence of record and adequately explained her reasons for the RFC determination given this evidence. When assessing a claimant's RFC, an ALJ need not credit the entirety of a medical opinion or directly correlate a medical opinion to the RFC.
Additionally, Horton argues that the hypothetical question posed to the vocational expert was flawed. (Doc. No. 17-1 at 5-20) The Court disagrees. The hypothetical question posed to vocational expert Dr. Darryl Taylor was proper. The question was based on a valid RFC determination supported by substantial evidence on the record as a whole. RFC is an assessment of the claimant's ability to perform sustained work-related physical and mental activities in light of his impairments. SSR 96-8p. The question posed to Dr. Taylor considered Horton's work as an automobile mechanic to be a skilled, specific vocational preparation level seven position listed in the DOT at 620.261-010 (Tr. 50). The ALJ considered the mental demands of Horton's past work. The ALJ's hypothetical assumed an individual that must not be required to read or write complex written material. (Tr. 19). This limitation is consistent with Horton's diagnosed learning impairment. (Tr. 51). For the reasons set out above, substantial evidence on the record as a whole supports the ALJ's hypothetical question to vocational expert Dr. Taylor. Because there was substantial evidence in the record to support the ALJ's RFC, the hypothetical question based on that RFC was not improper.
For these reasons, the Court finds the ALJ's decision is supported by substantial evidence contained in the record as a whole, and, therefore, the Commissioner's decision should be affirmed.
Accordingly,