LOUISE W. FLANAGAN, District Judge.
This matter comes before the court on the parties' cross motions for judgment on the pleadings (DE 36, 39). Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Kimberly A. Swank issued a memorandum and recommendation ("M&R"), wherein it is recommended that the court deny plaintiff's motion, grant defendant's motion, and that the final decision by defendant be affirmed. Plaintiff timely filed an objection to the M&R and the response time has expired. In this posture, the issues raised are ripe for ruling. For the reasons that follow, the court adopts the recommendation of the magistrate judge.
Plaintiff filed an application for period of disability and disability insurance benefits on November 29, 2011, alleging disability beginning April 26, 2011. The applications were denied initially and upon reconsideration. A hearing was held on December 7, 2012, before an Administrative Law Judge ("ALJ") who determined that plaintiff was not disabled during the relevant time period in a decision dated January 11, 2013. The appeals council denied plaintiff's request for review on March 19, 2013, and plaintiff filed the instant action on June 17, 2013.
The court has jurisdiction under 42 U.S.C. § 405(g) to review the Commissioner's final decision denying benefits. The court must uphold the factual findings of the ALJ "if they are supported by substantial evidence and were reached through application of the correct legal standard."
To assist it in its review of the Commissioner's denial of benefits, the court may "designate a magistrate judge to conduct hearings . . . and to submit . . . proposed findings of fact and recommendations for the disposition [of the motions for judgment on the pleadings]."
The ALJ's determination of eligibility for Social Security benefits involves a five-step sequential evaluation process, which asks whether:
In the instant matter, the ALJ performed the sequential evaluation. At step one, the ALJ found that plaintiff had not engaged in substantial gainful activity since April 26, 2011, the date of alleged disability. At step two, the ALJ found that plaintiff had the following severe impairments: degenerative disc disease, obesity, patellofemoral syndrome of both knees, urinary stress and urge incontinence, left shoulder strain, ganglion cyst, posttraumatic stress disorder, and depression. However, at step three, the ALJ further determined that these impairments were not severe enough to meet or medically equal one of the listings in the regulations. Prior to proceeding to step four, the ALJ determined that during the relevant time period plaintiff had the residual functional capacity ("RFC") to perform medium work with restrictions. In making this assessment, the ALJ found plaintiff's statements about her limitations not fully credible. At step four, the ALJ concluded plaintiff was not capable of performing her past relevant work. At step five, upon considering testimony of a vocational expert ("VE"), the ALJ determined that there were jobs that existed in significant numbers in the national economy that plaintiff is capable of performing.
Plaintiff challenges the decision denying benefits on three grounds, and she objects on the basis that the magistrate judge erred in evaluating these arguments. The court will address each in turn.
Plaintiff argues that the ALJ erred in failing to give substantial weight to a December, 2011, VA decision awarding plaintiff a disability rating of 90%. "[T]he VA and Social Security programs serve the same governmental purpose of providing benefits to persons unable to work because of a serious disability."
"Because the purpose and evaluation methodology of both programs are closely related, a disability rating by one of the two agencies is highly relevant to the disability determination of the other agency."
In this case, the ALJ discussed the VA decision at length, and the ALJ explained his reasons for giving the decision little weight. The ALJ noted that several components of the VA disability rating conflicted with the ALJ's assessment of the medical evidence in the record under SSA standards for evaluating disability. For example, the ALJ noted that the 20% VA disability rating for lumbar degenerative disc disease was based only on plaintiff's range of motion, whereas the ALJ's determination was based on the impact of plaintiff's ability to work and seven exertional requirements. Likewise, the ALJ noted that the 30% rating for hysterectomy, and 40% rating for incontinence, was not supported by evidence regarding the functional limitations stemming from the impairments. The ALJ also suggested that other components of the rating, such as posttraumatic stress disorder and depression, were not supported by medical evidence bearing on functional limitations. These comparisons were supported by substantial evidence in the record. (
Plaintiff argues that the ALJ incorrectly portrayed the methodology of the VA disability rating decision, by stating that it did not focus on functional limitations or ability to work. The ALJ, however, expressly recognized the standard for considering a VA decision, quoting language from
Plaintiff argues that the ALJ erred in failing to state in the RFC determination any limitations caused by incontinence, where the ALJ previously determined that plaintiff's incontinence was severe. When a claimant has severe impairments, the Commissioner "will consider the limiting effects of all [claimant's] impairment(s), even those that are not severe, in determining [claimant's] residual functional capacity." 20 C.F.R. § 404.1545(e). "[R]esidual functional capacity is the most [a claimant] can still do despite [her] limitations" caused by her impairments. 20 C.F.R. § 404.1545(a)(1).
In this case, the ALJ discussed the limiting effects of plaintiff's incontinence, and its bearing on plaintiff's residual functional capacity. In particular, the ALJ stated that "the claimant's incontinence, bilateral knee, and back symptoms were reduced with medication and therapeutic exercises helped her urinary incontinence," and that "the treating notes showed that she was discharged from a treating program for her incontinency because of poor attendance and compliance issues. . . ." (Tr. 21). On this basis, the ALJ concluded that "plaintiff's symptoms from her physical impairments were not as limiting or severe as alleged." (Tr. 22). The ALJ's assessment of the medical record regarding plaintiff's limitations due to incontinence was supported by substantial evidence. (
Plaintiff contends that the ALJ erred by not discussing applicability of listings at step three of the sequential evaluation process, including Listing 1.02 for her knees, obesity, shoulder, and ganglion cyst, and Listing 1.04 for her degenerative disk disease, obesity, and incontinence.
"The ALJ is only required to explicitly identify and discuss relevant listings of impairments where there is ample evidence in the record to support a determination that an impairment meets or medically equals a listing."
In this case, the ALJ explained at step three of the sequential evaluation process that plaintiff does not have an impairment or combination of impairments that meets or equals a listed impairment. (Tr. 16). Although the ALJ did not reference Listing 1.02 and Listing 1.04 specifically, additional discussion was not required because there was not "ample evidence in the record" to support application of Listing 1.02 and Listing 1.04. Plaintiff does not cite to any evidence of "gross anatomical deformity" and imaging findings of "joint space narrowing, bony destruction, or ankylosis," and "inability to ambulate," in accordance with the requirements of Listing 1.02. 20 C.F.R. Pt. 404, Subpt. P, App. 1. Nor does she cite to evidence of "nerve root compression," "spinal arachnoiditis," or "[l]umbar spinal stenosis," manifested by medical imaging and motor loss, as required by Listing 1.04.
Plaintiff argues, nonetheless, that remand is required for discussion of the listings in accordance with
Based on the foregoing, upon de novo review of the M&R, and upon considered review of the record, the court ADOPTS the recommendation of the magistrate judge, DENIES plaintiff's motion for judgment on the pleadings (DE 36), GRANTS defendant's motion for judgment on the pleadings (DE 39), and AFFIRMS the final decision by defendant. The clerk is directed to close this case.
SO ORDERED.