GREG KAYS, Chief District Judge.
Plaintiff Christine Pinkston ("Plaintiff") petitions for review of an adverse decision by Defendant, the Acting Commissioner of Social Security ("Commissioner"). Plaintiff applied for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-434, and supplemental security income under Title XVI of the Act, 42 U.S.C. §§ 1381-1383f. The administrative law judge ("ALJ") found Plaintiff had multiple severe impairments, including lumbar spine degenerative disc disease, obesity, borderline personality disorder, panic disorder with agoraphobia, polysubstance abuse, dependent personality disorder, schizoid personality disorder, depression, and bipolar affective disorder, but retained the residual functional capacity to perform work as a production assembler and wiper/cleaner.
As explained below, the Court finds the ALJ's opinion is supported by substantial evidence on the record as a whole. The Commissioner's decision is therefore AFFIRMED.
The complete facts and arguments are presented in the parties' briefs and are repeated here only to the extent necessary.
Plaintiff filed the pending applications on April 22, 2013, alleging a disability onset date of January 25, 2012. The Commissioner denied the applications at the initial claim level, and Plaintiff appealed the denial to an ALJ. On June 24, 2014, the ALJ held a hearing and on September 25, 2014, issued a decision finding Plaintiff was not disabled. The Appeals Council denied Plaintiff's request for review on August 18, 2015, leaving the ALJ's decision as the Commissioner's final decision. Plaintiff has exhausted all administrative remedies and judicial review is now appropriate under 42 U.S.C. §§ 405(g) and 1383(c)(3).
A federal court's review of the Commissioner's decision to deny disability benefits is limited to determining whether the Commissioner's findings are supported by substantial evidence on the record as a whole. Andrews v. Colvin, 791 F.3d 923, 928 (8th Cir. 2015). Substantial evidence is less than a preponderance, but enough evidence that a reasonable mind would find it sufficient to support the Commissioner's decision. Id. In making this assessment, the court considers evidence that detracts from the Commissioner's decision, as well as evidence that supports it. Id. The court must "defer heavily" to the Commissioner's findings and conclusions. Wright v. Colvin, 789 F.3d 847, 852 (8th Cir. 2015). The court may reverse the Commissioner's decision only if it falls outside of the available zone of choice; a decision is not outside this zone simply because the evidence also points to an alternate outcome. Buckner v. Astrue, 646 F.3d 549, 556 (8th Cir. 2011).
The Commissioner follows a five-step sequential evaluation process
Plaintiff argues that the ALJ failed to give her treating physician's opinion controlling weight when formulating her residual function capacity at step four, and thus the record contains insufficient evidence to support the Commissioner's decision.
"[A] treating physician's opinion is generally entitled to substantial weight; however, such an opinion does not automatically control in the face of other credible evidence on the record that detracts from that opinion." Martise v. Astrue, 641 F.3d 909, 925 (8th Cir. 2011) (internal quotations and citation omitted). "Moreover, an ALJ may credit other medical evaluations over that of the treating physician when such other assessments are supported by better or more thorough medical evidence." Id. "An ALJ may justifiably discount a treating physician's opinion when that opinion is inconsistent with the physician's clinical treatment notes" or when the physician's "opinions are inconsistent or contrary to the medical evidence as a whole." Id. Whatever weight the ALJ decides to give a physician's opinion, he must "always give good reasons." 20 C.F.R. § 416.927(c)(2).
Here, the ALJ gave the opinion of Plaintiff's treating physician, Angela Olomon, D.O. ("Dr. Olomon"), little weight because her findings were not supported by her own treatment notes and were inconsistent with the medical record as a whole. R. at 17-18. Plaintiff cites to medically equal a listed impairment; (4) his residual functional capacity precludes his past relevant work; and (5) his residual functional capacity permits an adjustment to any other work. The evaluation process ends if a determination of disabled or not disabled can be made at any step." Kemp ex rel. Kemp v. Colvin, 743 F.3d 630, 632 n.1 (8th Cir. 2014); see 20 C.F.R. §§ 404.1520(a)-(g), 416.920(a)-(g). Through Step Four of the analysis the claimant bears the burden of showing that he is disabled. After the analysis reaches Step Five, the burden shifts to the Commissioner to show that there are other jobs in the economy that the claimant can perform. King v. Astrue, 564 F.3d 978, 979 n.2 (8th Cir. 2009). Dr. Olomon's check-box form that indicates Plaintiff is "extremely limited"
After rejecting treating physician Dr. Olomon's opinion, the ALJ relied on the opinion of consultative examiner Richard Frederick, Ph.D. ("Dr. Frederick"). Plaintiff argues the assignment of great weight to a one-time examining physician opinion was in error.
"When onetime consultants dispute a treating physician's opinion, the ALJ must resolve the conflict between those opinions." Cantrell v. Apfel, 231 F.3d 1104, 1107 (8th Cir. 2000). An ALJ may resolve the conflict in the consultant's favor when his opinion is "supported by better or more thorough evidence." Id. (internal quotation marks omitted).
Here, Dr. Frederick provided a thorough, detailed analysis supporting his findings. See R. at 345-48. He reported that Plaintiff was: "casually attired with adequate hygiene"; "alert and fully oriented"; "amiable and well-mannered"; and "not . . . overtly anxious." R. at 347. She also appeared able to: understand, remember, and carry out complex instructions; concentrate, persist, and keep pace on complex tasks; interact effectively in complex work situations; adapt to changes in complex work situations; and manage her own funds. R. at 348. Though Dr. Frederick did not have the opportunity to review Plaintiff's treating physician records,
Because substantial evidence on the record as a whole supports the ALJ's opinion, the Commissioner's decision denying benefits is AFFIRMED.