JOHN M. BODENHAUSEN, Magistrate Judge.
This matter is before the Court for review of an adverse ruling by the Social Security Administration. The parties have consented to the jurisdiction of the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c).
On September 3, 2015, plaintiff Turhan E. W. protectively filed applications for a period of disability and disability insurance benefits, Title II, 42 U.S.C. §§ 401 et seq., and supplemental security income, Title XVI, 42 U.S.C. §§ 1381 et seq., with an alleged onset date of April 15, 2013, which was later amended to September 1, 2015. (Tr. 299-300, 301-06, 225-26, 344). After plaintiff's applications were denied on initial consideration (Tr. 209-16; 217-24), he requested a hearing from an Administrative Law Judge (ALJ).
Plaintiff and counsel appeared for a hearing on November 7, 2017. (Tr. 69-104). Plaintiff testified concerning his disability, daily activities, functional limitations, and past work. The ALJ also received testimony from vocational expert Delores E. Gonzalez, M.Ed. The ALJ issued a decision denying plaintiff's applications on November 20, 2017. (Tr. 11-25). The Appeals Council denied plaintiff's request for review on January 12, 2018. (Tr. 1-6). Accordingly, the ALJ's decision stands as the Commissioner's final decision.
Plaintiff, who was born on February 26, 1977, was 39 years old on the amended alleged onset date. He had been married and divorced twice and had two children who lived with their mothers. (Tr. 761). He served in the Air Force between 1998 and 2000, with non-combat deployments in Texas, Iraq, Iran, and Kuwait. (Tr. 330, 170, 763). He received a medical discharge in 2006. (Tr. 763). He completed an associate's degree in 2002 or 2003 and made significant progress toward a bachelor's degree. He stopped taking courses in January 2007 due to severe headaches. (Tr. 141-42). He held a number of jobs in addition to his military service, including as a catalog model, a cook, a data entry clerk, assistant retail manager, cashier, parking booth attendant, police dispatcher, office cleaner, warehouse laborer, pawn-shop associate, machine operator at a cotton gin, fork-lift operator for a roofing company, and stand-up comedian. (Tr. 143-53, 175-80). He last worked between September 2013 and January 2014, delivering newspapers, but the action of rolling and throwing newspapers caused wrist pain.
When plaintiff applied for disability benefits in 2015, he listed his impairments as right wrist injury, radial nerve damage, severe head trauma, migraines, asthma, PTSD, anxiety, and "mental." (Tr. 356). He listed his medications as amitriptyline to treat depression, gabapentin to treat nerve pain, and vitamin D3. (Tr. 359). Plaintiff testified at the November 2017 hearing that he was prescribed promethazine for nausea, the muscle relaxer tizanidine, nortriptyline for nightmares, cyclobenzaprine for back spasms, sumatriptan for migraines, and Viagra. Some of the medications caused drowsiness and blurred vision. (Tr. 166-67).
In a Function Report completed in September 2015 (Tr. 368-78), plaintiff described his daily activities as reading scripture, walking "lightly" around his property to get some exercise, taking care of a pet, and watching television. He went to bed at 8:00 p.m. due to his medications, but his sleep was interrupted by wrist pain and headaches. He was unable to maneuver clippers to shave. He needed constant reminders to take his medications. He cooked every day if he had an appetite, spending one to two hours on the task. He frequently did not have an appetite, however, and went days without eating. He could manage household chores such as cleaning and laundry, as well as repairs such as painting and hanging blinds, but these tasks took a long time to complete because he was interrupted by headaches. He no longer did yard work because he could not maneuver a lawn mower. He was able to drive, and went shopping once a month. He managed financial accounts, counted change, and paid bills without difficulty. In response to a question about his interests and hobbies, plaintiff wrote "relaxing," which he was not able to do often, due to his conditions. When asked what places he went on a regular basis, plaintiff listed the gas station, barber shop, and stores. He was able to follow written and spoken instructions "thoroughly" and had no difficulty with authority figures so long as they did not "us[e] their position as power." He believed that he handled stress very well and he "embrace[d] change." Plaintiff had difficulty with lifting, seeing, completing tasks, concentrating, using his hands, and remembering. His medications caused blurred vision, dizziness, and drowsiness. He could walk up to 2,000 steps before he needed to rest for the remainder of the day.
In 1999, while plaintiff was in the Air Force, he fell from a truck onto pavement. He testified that he sustained a traumatic brain injury (TBI) and broke his right wrist. He also developed PTSD as a result of the incident.
Plaintiff testified that all the bones in his right wrist were broken in the fall from the truck. He was unable to type or put pressure on the wrist and or lift anything as heavy as a gallon of milk. (Tr. 156). He had difficulty grasping large objects that required him to use his entire hand rather than just his fingers. He also had nerve damage in the arm from his fingertips to his shoulder. As a consequence, he had difficulty with a number of tasks, including shaving, tooth brushing, writing, and tying shoes. He typically wore sweatshirts and sweat pants so that he did not have to manage buttons and zippers. In cold weather, he experienced numbness in the arm. (Tr. 156, 164-66).
Plaintiff described himself as short-tempered and quick to sever ties with others. He was ordered to take anger-management classes after he was charged with domestic peace disturbance for his actions in the midst of an anxiety attack. (Tr. 161). He testified that he did not feel safe in groups due to his PTSD. He had had two flashbacks or blackouts in the past five years. He also had panic attacks. (Tr. 162-63). He testified at the hearing that he slept for 12 to 18 hours every day; he did not clean his house and rarely cooked. (Tr. 167-68).
Vocational expert Delores Gonzalez was asked to testify about the employment opportunities for a hypothetical person of plaintiff's age, education, and work experience who was limited to light work, who could frequently use his dominant (right) arm and hand to reach, handle, finger, and feel; who should never climb ladders, ropes, or scaffolds or work at unprotected heights; who was limited to no more than occasional exposure to temperature extremes, and who should not be exposed to more than moderate noise or bright, glaring lights. In addition, the individual should not be required to work in crowds. (Tr. 184). According to Ms. Gonzalez, such an individual would be able to perform plaintiff's past work as a dispatcher, assistant manager, and pawnbroker. In addition, the individual would be able to perform work as an order caller, mail clerk, and a router. The same work would be available if the individual were additionally limited to occasional interaction with the public. The individual would be unable to perform plaintiff's past relevant work if he were further limited to only occasional use of the dominant arm and hand, but there would be other work available in the national economy, such as furniture rental consultant, usher, and bus monitor. (Tr. 186). All work would be precluded if the individual also required extra breaks or displayed verbal aggression or irritability toward others. (Tr. 187).
During the period under consideration, plaintiff received treatment for pain in his right wrist and arm, pain in his low back and neck, migraines, PTSD, and possible traumatic brain injury or post-concussion syndrome. Most of his treatment was provided through Veterans Administration (VA) medical centers in Poplar Bluff and St. Louis, Missouri.
An MRI of plaintiff's right wrist completed on February 18, 2014, showed no fracture or bone marrow signal abnormality. The joint spaces were normal without chondrosis, and the cartilage, ligaments, tendons, nerves, and carpal tunnel were all normal. (Tr. 410-11). An arthrogram of the right wrist showed no evidence of instability. (Tr. 412-13).
Plaintiff saw nurse practitioner Loretta King, R.N., on November 25, 2014. (Tr. 497-500). Plaintiff reported that he was losing hair on his legs, which occasionally cramped. He also complained of wrist pain and requested a referral to orthopedics. Ms. King noted that plaintiff had full grip strength. Plaintiff was prescribed medication to treat a vitamin D deficiency. He had no other medications. A PTSD screen administered that day was negative; records reflect that a PTSD screen administered in March 2015 was positive. (Tr. 501, 443).
On December 24, 2014, orthopedist Gary Miller, M.D., noted that plaintiff continued to complain of pain in the right wrist. (Tr. 448-49). He had received some relief from an injection administered at an earlier visit but had now exhausted conservative treatment. While x-rays were normal, other imaging studies were consistent with arthritis. Dr. Miller opined that plaintiff's diagnosis "would appear to be scapholunate chondrosis,"
On March 16, 2015, plaintiff told Ms. King that he wanted to be screened for PTSD. He stated that he could not sleep and that his girlfriend said he tried to choke her while she slept, although he was not positive this incident occurred. (Tr. 487-91). Ms. King's notes reflect that plaintiff used marijuana on a daily basis since age 18; he ran or walked on a daily basis; and he ate one meal a day. Results on a screening test suggested moderate depression. Ms. King referred plaintiff to mental health services for further evaluation of PTSD, insomnia, and depression. (Tr. 443).
Rebecca A. Stout, Ph.D., completed an initial psychological evaluation on March 23, 2015. (Tr. 483-87). Plaintiff stated that he slept two to four hours at a time, and woke up drenched in sweat. He did not recall having nightmares or dreams. He stayed awake for two to three hours before falling back to sleep. He smoked marijuana to calm down and fall back to sleep. He struggled with irritability and felt that he had a short fuse. He felt detached from others, although he made an effort to stay engaged with his two children. He had hoped to make the military his career before being discharged due to injuries. He worked as a stand-up comic, which he stated provided an outlet for stress. He described his mother as emotionally abusive and had no recall of a five-year period of his childhood. Plaintiff reported that he was having difficulty with focus, concentration and memory. Nonetheless, Dr. Stout noted, he had no desire to quit using marijuana. Plaintiff's responses to a screening test did not endorse sufficient symptoms to support a finding of PTSD. Similarly, he did not identify a clear stressor, although Dr. Stout suspected he had experienced childhood trauma. Dr. Stout proposed that plaintiff participate in time-limited treatment using cognitive-behavioral therapy. Over the course of eight sessions, plaintiff reported improvement in his mood and sleep, and he travelled out of state to perform in comedy shows. (Tr. 481-82; 478-80; 476-78; 474-76; 463-65; 458-60; 450-51; 826-27). In June 2015, Ms. King started plaintiff on amitriptyline to address his insomnia (Tr. 465), and by September 2015, plaintiff's sleep, concentration, and appetite were all within normal limits. (Tr. 827). Plaintiff's mood was "great" and stable and he had demonstrated efficacy in coping skills. Dr. Stout and plaintiff "mutually agreed on termination."
Three weeks after terminating with Dr. Stout, plaintiff told primary care physician Cheryll D. Rich, M.D., that he continued to have PTSD and TBI-related mental health symptoms, nightmares in particular. (Tr. 821-22). In addition, he complained of chronic wrist pain and night-time foot cramps.
In October 2015, plaintiff told pain specialist Dale Klein, M.D., that a non-VA doctor had recommend surgery for his wrist pain but plaintiff was uncertain whether surgery would help. (Tr. 582-85). He had obtained some relief from steroid injections in the past. On examination, plaintiff had slightly decreased range of motion of the wrist, mild tenderness to palpation, full strength, and no evidence of atrophy. Dr. Klein opined that plaintiff's symptoms were most consistent with scapholunate chondrosis but noted that it was not possible to exclude tendinitis. (Tr. 584-85). Treatment options included over-the-counter analgesics, unspecified compounded medications, occupational therapy, steroid injection, and surgery. Dr. Klein recommended treatment with compounded medications and occupational therapy. He also suggested that plaintiff be seen at the traumatic brain injury clinic. Plaintiff reported that he would discuss surgery with his attorney.
Amanda Wallace, Psy.D., assessed plaintiff's mental health needs on October 21, 2015. (Tr. 586-88). Plaintiff described feeling as though he was "in a life-or-death situation all the time," with anger that went "from 0-60 quickly," and feelings of suspicion. He awoke with night sweats more than five times a week. He was not taking his gabapentin and amitriptyline as prescribed because they made him too sleepy but continued to smoke "$10-$20 worth" of marijuana a day. He was doing stand-up comedy. Dr. Wallace diagnosed plaintiff with an unspecified anxiety disorder and "personal history of TBI" and referred him for counseling.
Plaintiff underwent a mental health evaluation in November 2015. (Tr. 774-79; 772-74). Plaintiff reported that, starting in 2002, he woke up in a sweat and slept only four hours a night. He re-experienced the injury-causing accident and had angry feelings about having to leave the military. He avoided crowded places and "unsecure" locations. He lived alone and had "a few friends." He reported that he had "no gray areas," said what he thought, and did not care about other people's feelings. He was easily angered and was hypervigilant. Other people described him as harsh. He was outgoing when doing stand-up comedy and felt close to his fans, but otherwise described himself as a loner. On mental status examination, plaintiff was alert and oriented, appropriate and cooperative, with a full range of affect. His thinking was concrete and he had impaired insight, judgment, and memory. He was diagnosed with PTSD and assessed a Global Assessment of Functioning (GAF) score of 80.
Between late November 2015 and late January 2016, plaintiff had four outpatient sessions with a readjustment counseling therapist. (Tr. 768-70, 756-57, 752-55, 749-51). He presented with a broad affect, and was responsive, articulate and oriented. The therapist noted that plaintiff remained fairly rigid in his thinking and had declined to work on a TBI workbook he had been provided. He did not keep an appointment scheduled for February 12, 2016, and had no further contact with the readjustment counseling therapist. (Tr. 748).
On May 6, 2016, plaintiff saw Debi Schuhow, A.P.R.N., to discuss psychiatric medications. (Tr. 740-43). He stated that he did not take amitriptyline every night, even though it helped him sleep, because it made him groggy. He reported night sweats and occasional nightmares. He had decreased appetite with weight loss, moderate anhedonia, moderate to severe muscle tension, and hypervigilance without startle response. He engaged in some compulsive behaviors, including checking perimeters at night. He reported that he generally distrusted others and felt overwhelmed and emotionally detached. On mental status examination, he had very good grooming and personal hygiene. He sat with a guarded posture and his interpersonal behavior was guarded but cooperative, with mild psychomotor retardation and mildly avoidant eye contact. His mood was anxious, with mildly to moderately dysphoric affect. He was close to tears at one point. His insight and judgment were very good, his intelligence was above average, and his memory was grossly intact. Ms. Schuhow discontinued amitriptyline and started plaintiff on escitalopram oxalate
With the exception of an appointment for dental care, there is a gap in the treatment record until February 2017, when plaintiff sought treatment for worsening headache pain with dizziness, nausea, and occasional blurred vision. In visits to an urgent care clinic and with primary care providers, plaintiff rated the pain at 10 on a 10-point scale. (Tr. 710-16; 703-05, 705-09). He was treated with Toradol injections and given a prescription for fioricet. A CT scan of the head showed mild sinusitis. (Tr. 513-14). He was referred for consultations for sleep apnea, TBI, neurology, and acupuncture. (Tr. 703-05).
Between March and September 2017, chiropractor Carl K. Winkle, D.C., administered 18 chiropractic and/or acupuncture treatments to plaintiff. (Tr. 564-65; 690-91; 687-90; 681-83; 676-77; 661-63; 657; 653-55; 649-51; 640-42; 636-39; 632-35; 621-23; 616-18; 612-15; 608-11; 604-07; 589-91). At the initial evaluation, Dr. Winkle noted that plaintiff did not appear to be in distress. On examination, the Dix-Hallpike maneuver produced vertigo symptoms.
Plaintiff also participated in physical therapy for low back pain between March and May 2017. (Tr. 539-40; 680-81; 679; 678; 660-61; 656; 652; 648). In addition to sessions with the therapist, plaintiff was provided with a TENS unit and home exercise program. Plaintiff reported that the TENS unit provided temporary relief, but only when he was using it. After several sessions, the therapist opined that plaintiff's "stiff-backed walking style with significant hypomobility" when walking was the source of continued low back pain. (Tr. 652). At discharge, plaintiff reported that he was improved and that, although he still got muscle spasms, he was better equipped to deal with them. (Tr. 648).
Plaintiff had a polytrauma consultation on April 11, 2017. (Tr. 547-50; 673-75). Plaintiff told psychiatrist Asifa N. Sufi, M.D., that he had no recollection of his actions immediately after falling from the truck in 1999. In 2009, he started to experience numbness in his right hand and arm; in 2010, he began to have headaches; and in 2011, he developed memory problems. He slept only three or four hours a night. His symptoms had worsened over time and now his headaches rated between 7 and 10 on a 10-point scale. Plaintiff told Dr. Sufi that a CT scan of his head taken when he left the Air Force showed that he had sustained brain trauma. He experienced severe or very severe dizziness, loss of balance, light sensitivity, nausea, numbness, memory loss, fatigue, and depression, among other problems. He smoked marijuana three hours a day for pain control. On examination, Dr. Sufi noted that plaintiff had a normal gait and was able to stand on heels and toes, tandem walk, and rise from a partial squat. His cervical range of motion was within functional limits; he had symmetrical shoulder shrug; and was able to do rapidly alternating movements. Romberg and Spurling tests were negative, while Tinel test was positive at the right elbow. He had full motor strength and normal, symmetric reflexes. Plaintiff reported pain "in even the lightest touch on neck and back," and reported decreased feeling on first one side of his face and then the other. (Tr. 549). Dr. Sufi concluded that it was unlikely that plaintiff's headaches, memory issues, and dizziness were due to his "mild TBI" in 1999. (Tr. 550). First, contrary to his representation, plaintiff's past CT scan of the head was normal; in addition, his responses to touch suggested symptom magnification; finally, it is unlikely for symptoms of TBI to appear 10 years after a mild injury. Dr. Sufi told plaintiff that marijuana use impairs cognition and memory and suggested that his primary care physician increase the dosage of his gabapentin to address the headaches and pain and tingling in the right arm. Polytrauma nurse Amy Alter, M.S.N., similarly told plaintiff that his memory, focus, and attention were likely to suffer so long as he continued to use marijuana. (Tr. 673-75). She encouraged him to get counseling for his anger and mental health concerns. Plaintiff was not scheduled for any further care with the polytrauma clinic.
At a primary care visit on June 13, 2017, plaintiff rated his headache pain at level 7 and he asked for a prescription for hydrocodone. (Tr. 630, 626). He was prescribed fioricet. The results of a screening test for depression were negative.
Plaintiff saw Sarkis M. Nazarian, M.D., a headache management specialist, on June 22, 2017. (Tr. 833-36). Plaintiff reported that he had severe headaches every day. He rated the headaches between levels 8 and 10 and described them as sharp, with squeezing and intense pressure. He had migraine features, including nausea, sensitivity to light and sound, blurred vision and vertigo. On examination, plaintiff had moderate to severe tenderness of the occipital and auriculotemporal nerves, but no trigger points in the neck, upper back, and shoulders. He had a slight limitation in the range of motion of his neck. Dr. Nazarian's diagnostic impression was migraine with aura, intractable, with status migrainosus; post-concussion syndrome; bilateral occipital neuralgia; ulnar neuropathy at the elbows; and carpal tunnel syndrome of the right. Dr. Nazarian administered bilateral occipital nerve blocks.
A sleep study completed on April 21, 2017, disclosed a sleep efficiency of 65% with 19 spontaneous arousals per hour. (Tr. 837-38). Plaintiff was not diagnosed with sleep apnea.
Plaintiff returned to see Dr. Nazarian on September 15, 2017. (Tr. 829-32). He reported that the nerve blocks helped for about two weeks, after which the headaches returned full force. He had increased his gabapentin, which controlled his neuropathic pain in his arms. He got limited relief from Imitrex. Dr. Nazarian increased plaintiff's Nortriptyline and added Flexeril to his existing medications.
On October 26, 2015, State agency consultant Martin Isenberg, Ph.D., completed a Psychiatric Review Technique form based on a review of the record. (Tr. 213-16, 221-24). Dr. Isenberg concluded that plaintiff had medically determinable impairments in the categories of 12.04 (affective disorders) and 12.06 (anxiety disorders).
On November 9, 2015, nurse practitioner Cheryl C. Allen, M.S.N., F.N.P.-B.C. completed a compensation and pension examination, in which she addressed plaintiff's complaints of headaches, wrist pain, carpal tunnel syndrome, and TBI. (Tr. 784-808). Ms. Allen stated that it was not possible to determine the degree to which plaintiff's signs or symptoms were attributable solely to TBI rather than his chronic marijuana usage. (Tr. 808). Ms. Allen opined that plaintiff's headaches were likely to result in increased absenteeism (Tr. 787, 808) and that he had limited endurance and strength in his right wrist due to pain and numbness. (Tr. 798-800, 804). The ALJ gave little weight to Ms. Allen's opinion that plaintiff's headaches could reasonably cause increased absenteeism, stating that the opinion was "not bolstered by citations to the evidence, further narrative explanation, or objective findings." (Tr. 23). The ALJ granted some weight to Ms. Allen's assessment of plaintiff's right wrist pain.
Psychologist David M. Van Pelt, Psy.D., completed a compensation and pension examination on December 3, 2015, in which he assessed plaintiff's complaints of TBI and PTSD. (Tr. 758-68). Dr. Van Pelt concluded that plaintiff had "occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactorily, with normal routine behavior, self-care and conversation." (Tr. 759). Dr. Van Pelt also determined that plaintiff met the diagnostic criteria for PTSD, identifying plaintiff's accident and injuries as the precipitating stressor. (Tr. 765-67). The ALJ gave little weight to Dr. Van Pelt's assessment that plaintiff would have intermittent periods of being unable to work, finding that the assessment was not supported by the treatment records. (Tr. 23).
To be eligible for disability benefits, plaintiff must prove that he is disabled under the Act.
The Social Security Administration has established a five-step process for determining whether a person is disabled.
The Court's role on judicial review is to determine whether the ALJ's finding are supported by substantial evidence in the record as a whole.
The Eighth Circuit has repeatedly emphasized that a district court's review of an ALJ's disability determination is intended to be narrow and that courts should "defer heavily to the findings and conclusions of the Social Security Administration."
The ALJ's decision in this matter conforms to the five-step process outlined above. The ALJ found that plaintiff met the insured status requirements through September 1, 2017, and had not engaged in substantial gainful activity since September 1, 2015, the amended onset date. (Tr. 13). At steps two and three, the ALJ found that plaintiff had severe impairments of migraines, chondrosis of the right wrist, right arm neuropathy, spinal osteoarthritis, PTSD, and cannabis use disorder.
The ALJ next determined that plaintiff had the RFC to perform light work, but was limited to no more than frequent use of his right arm and hand. He could never climb ladders, ropes or scaffolds, or work at unprotected heights or near moving mechanical parts. He could be exposed to moderate noise levels, but never to crowds or bright, glaring lights. Finally, he was limited to occasional interaction with the general public. (Tr. 16). In assessing plaintiff's RFC, the ALJ summarized the medical record and opinion evidence, as well as plaintiff's statements regarding his abilities, conditions, and activities of daily living. While the ALJ found that plaintiff's medically determinable impairments could reasonably be expected to cause the alleged symptoms, the ALJ also determined that plaintiff's statements regarding their intensity, persistence and limiting effect were "not entirely consistent" with the medical and other evidence. (Tr. 18).
At step four, the ALJ concluded that plaintiff had no past relevant work. (Tr. 24). His age on the application date placed him in the "younger individual" category. He had at least a high school education and was able to communicate in English.
Plaintiff argues that the RFC assessed by the ALJ is not supported by "some" medical evidence as required under the standards contained in
In evaluating a claimant's subjective complaints,
The ALJ here found that the evidence did not support plaintiff's allegations of severe and extensive nerve damage in his right wrist and arm. (Tr. 18). Plaintiff testified that he broke all the bones in his wrist in 1999, making it hard for him to write and type. (Tr. 156). Imaging studies of plaintiff's right wrist were not consistent with the degree of injury plaintiff described. In December 2014, x-rays revealed no evidence of arthritic changes, while subsequent evaluations indicated scapholunate chondrosis and marrow edema. (Tr. 18, 419-20, 448-49, 418). The results of physical examinations also were not consistent with the degree of pain and injury plaintiff claimed. At an evaluation for right wrist pain in June 2015, plaintiff was not in apparent distress and shook hands without difficulty, despite having rated his pain at level 10. (Tr. 438-39). A physical examination of his wrist in October 2015 revealed a slight decrease in the range of motion with mild tenderness to palpation of his schapholunate ligament. He had normal pulses, motor function, muscle strength, sensation, and reflexes. An examination in November 2015 showed mildly diminished flexion and extension strength, without any atrophy or evidence of degenerative or traumatic arthritis. (Tr. 794-95). At a primary care visit in May 2016, plaintiff reported that he felt good and denied any acute symptoms. (Tr. 730). In March 2017, plaintiff reported no musculoskeletal complaints. (Tr. 703-04). An ALJ may properly discount a claimant's subjective exaggerated or overstated complaints.
With respect to plaintiff's complaints of daily disabling headaches,
Plaintiff argues that the ALJ failed to adequately address his difficulties with maintaining focus and staying on task. [Doc. #20 at 13]. In his Function Report, plaintiff stated that he did not finish what he started. He also stated, however, that he was able to follow instructions "thoroughly." (Tr. 373). And, although he complained of "mild memory loss," (Tr. 805), there is no evidence in the record that any treatment provider noted a concern about plaintiff's memory or ability to focus or concentrate. Indeed, in May 2016, psychiatric nurse Debi Schohow stated that plaintiff's memory was "grossly intact," and his thought processes were goal-directed and coherent. (Tr. 725). To the extent that plaintiff subjectively believes that his memory, focus and attention are impaired, he was informed that his daily marijuana use was a contributing factor, and he was advised to quit as early as March 2014. (Tr. 550, 673, 105). A year later, he still saw no negative consequences from his marijuana use. (Tr. 486). In assessing plaintiff's subjective complaints of diminished memory and focus, the ALJ was entitled to consider plaintiff's unwillingness to quit smoking marijuana despite medical advice that he do so.
Plaintiff's activities are also inconsistent with his allegations of disabling pain and impaired concentration, memory, and focus. In his September 2015 Function Report, plaintiff reported that he cooked, handled household chores, managed his own finances, did his own shopping and cooking, and drove.
In formulating the RFC, the ALJ accounted for plaintiff's severe impairment of the right arm and wrist by limiting him to no more than frequent use of the right arm and for his headaches by restricting his exposure to bright glaring lights and noise. The ALJ's conclusion that plaintiff's allegations of further limitations are not credible is supported by sufficient reasons and substantial evidence in the record as a whole.
Plaintiff suggests that the ALJ improperly discounted the opinion of nurse Cheryl Allen that plaintiff's headaches would cause increased absenteeism. [Doc. #20 at 8]. The ALJ found that this opinion, which was not supported by citations to medical evidence, narrative explanation, or objective findings, relied on plaintiff's self-reports. (Tr. 21, 23). An ALJ may discount a medical opinion that appears to be based solely on the claimant's subjective complaints, particularly where, as here, the ALJ has discounted those subjective complaints after a proper analysis.
"[A] claimant's RFC [is] based on all relevant evidence, including the medical records, observations by treating physicians and others, and an individual's own description of his limitations."
As discussed above, the ALJ found that plaintiff had the RFC to perform light work, but was limited to no more than frequent use of his right arm and hand. He could never climb ladders, ropes or scaffolds, or work at unprotected heights or near moving mechanical parts. He could be exposed to moderate noise levels, but never to crowds or bright, glaring lights, and was limited to occasional interaction with the general public. (Tr. 16).
Plaintiff asserts that the ALJ failed to support this RFC determination with "some" medical evidence as required under the standards in
For the foregoing reasons, the Court finds that the ALJ's determination is supported by substantial evidence on the record as a whole.
Accordingly,
A separate Judgment shall accompany this Memorandum and Order.