LOUISE W. FLANAGAN, District Judge.
This matter comes before the court on the parties' cross-motions for judgment on the pleadings (DE 19, 21). Pursuant to 28 U.S.C. § 636(b)(1), United States Magistrate Judge Robert T. Numbers, II, issued a memorandum and recommendation ("M&R"), wherein it is recommended that the court deny plaintiff's motion, grant defendant's motion, and affirm defendant's decision. Plaintiff timely filed objections to the M&R, and the deadline for defendant's response has passed. In this posture, the issues raised are ripe for ruling. For the reasons that follow, the court adopts the recommendation of the magistrate judge, and upholds the decision of the Commissioner.
Plaintiff filed an application for disability benefits on October 31, 2011, alleging disability beginning September 1, 2006. This application was denied initially and upon reconsideration. A hearing was held on August 23, 2013, before an Administrative Law Judge ("ALJ") who determined that plaintiff was not disabled in a decision dated October 17, 2013. After the appeals council denied plaintiff's request for review, plaintiff commenced the instant action on August 22, 2014, seeking reversal of defendant's final decision, or, in the alternative, remand to defendant for further proceedings.
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 during the period between his alleged onset date of September 1, 2006, and September 30, 2010, his date last insured. At step two, the ALJ found that plaintiff had the following severe impairments: psoriatic arthropathy, fibromyalgia, and chronic pain syndrome. However, at step three, the ALJ further determined that these impairments were not severe enough to meet or medically equal one of the impairments in the regulations.
Prior to proceeding to step four, the ALJ determined that plaintiff had the residual functional capacity ("RFC") to perform light work, except that he can only occasionally climb stairs or ramps; occasionally bend/balance, stoop, crawl, kneel, or crouch; should never utilize ropes, ladders, or scaffolds; should avoid hazardous machinery/vibrations and concentrated exposure to heat, cold, and moisture; and has the capacity instead, to perform a low production occupation requiring no complex decision-making, constant change, or dealing with crises. In making this assessment, the ALJ found plaintiff's statements about the severity of his symptoms not fully credible to the extent they contradicted objective evidence on the record, and the ALJ weighed the medical evidence, explaining the weight he gave plaintiff's treating physician, Dr. McKnight. At step four, the ALJ concluded plaintiff was not capable of performing any past relevant work. At step five, the ALJ determined that there are jobs that exist in significant numbers in the national economy that plaintiff can perform.
Plaintiff raises four objections. Plaintiff first asserts that the ALJ's RFC analysis violates the court's holding in
Plaintiff objects to the magistrate judge's conclusion that the ALJ's findings did not violate the decision in
The court in
Plaintiff at bar makes much of the ALJ's failure to explain more specifically how plaintiff's part-time radio job, for two hours per day, three times per week, translates into an ability to work for eight hours per day, five days per week. Plaintiff misunderstands the spirit of
The ALJ who reviewed plaintiff's claims performed a function-by-function analysis. After listing his conclusion that plaintiff had a RFC sufficient to perform light work, the ALJ spends the next several pages discussing the evidence he used in making this determination, including the objective medical evidence, plaintiff's subjective statements of pain, and the daily life activities plaintiff had been engaging in despite his allegations of disability. (Tr. 29-35). To perform the function-by-function assessment, the ALJ was required to detail the weight given to medical opinions and explain how credible he found plaintiff's testimony,
The ALJ in the case at bar has provided the court with a sufficiently drafted decision to review for substantial evidence. Even when an ALJ could have done a more precise job in explaining his decision, remand is not warranted when his decision is supported by the record, and is detailed enough to allow for review.
Before reaching any objection on the merits, as an initial matter, plaintiff takes issue with the magistrate judge's statement of law regarding the deference to be given to the ALJ's findings. Plaintiff alleges that evaluating the weight assigned by the ALJ to medical opinions for "specious inconsistencies" is too deferential, and that the court should limit itself to the established "substantial evidence" standard. (Pl. Obj. to M&R at 4). The Fourth Circuit has found review for "specious inconsistencies" appropriate when the court must decide whether to disturb the ALJ's determination of weight given medical opinions.
Plaintiff objects to the ALJ's decision to give Dr. McKnight, a treating physician, only partial weight. Circuit precedent, however, does not require that a treating physician's testimony be given "controlling weight."
While plaintiff acknowledges that a medical professional's opinion that a claimant is disabled may not be given full weight, plaintiff protests that the ALJ used this basis to dismiss the entirety of Dr. McKnight's opinion. The paragraph within the ALJ's opinion to which plaintiff refers in support of this argument does not explicitly state this. The ALJ gave Dr. McKnight's statement partial weight, because it reached the ultimate conclusion, but the ALJ did not dismiss Dr. McKnight's opinion. The ALJ, in fact, included much of the medical opinion in the preceding pages of analysis, where he detailed, piece by piece, the evidence he had received into the record and taken into consideration. (Tr. 29-35). In his summary paragraphs, the ALJ pointed to three particular reasons that had otherwise given him pause in giving full weight to Dr. McKnight's opinion, and the court declines to re-weigh these reasons and determine that the opinion was entitled to greater than partial deference.
Plaintiff raises the ALJ's statements about the effect of medication and plaintiff's work as a part-time radio announcer, however, as evidence that the decision as to weight was not supported by substantial evidence. While plaintiff is correct that there is no inconsistency between the medical opinion and the medication's effects on plaintiff's external psoriasis, there is substantial evidence on the record that contradicts Dr. McKnight's opinion concerning the severity and uncontrolled nature of plaintiff's "symptoms" generally. For example, plaintiff, when asked "Do the medications help with pain?" responds:
(Tr. 60-61). Plaintiff did not specify that the Humira only contains the rash, but provided this response to a question about pain, plaintiff's allegedly most disabling symptom. At an earlier point in the testimony, plaintiff also combined his answers about the effect of medication on the external rash and on pain:
(Tr. 59-60, DE 23). In light of this testimony, it is not unreasonable for the ALJ to understand that for nine or ten months out of the year, the medication kept plaintiff's rash
Plaintiff then claims, that during the worst months, he is "bedridden," despite plaintiff's argument to the contrary in his objections. (Tr. 61), (Pl. Obj. to M&R at 10). Sometimes plaintiff is bedridden, cannot lift a twelve ounce glass, and can stand independently for only "seconds" (Tr. 60). Other times, however, the symptoms are under control to the extent that they do not bring plaintiff to tears, and he is able to work as a radio-announcer. Plaintiff contends that his role as a part-time radio announcer involves "sitting in front of a microphone for a couple hours, and that's it and I do that three times a week," (Tr. 63), yet later, plaintiff says he appreciates the commercial breaks, because they give him the opportunity to "wiggle," to "move," and "to go to the bathroom, or stretch, or whatever . . ." (Tr. 64). This a degree of mobility quite different from that contended by Dr. McKnight's opinion.
Based on the foregoing, the court is satisfied that substantial evidence supports the ALJ's conclusion that contradictions existed between the opinion of the doctor as to the extent to which plaintiff's symptoms are controlled, and the details given by plaintiff as to the part-time job and plaintiff's own admissions. Accordingly, the ALJ properly weighed Dr. McKnight's medical opinion.
In assessing the credibility of plaintiff's pain allegations, the ALJ must follow a two-step process: 1) the ALJ must determine whether the claimant's medically determinable impairments could reasonably cause the alleged symptoms, including pain, and 2) the ALJ must evaluate the credibility of the statements regarding those symptoms.
Plaintiff objects to the ALJ's assessment of the credibility of plaintiff's stated subjective pain. Plaintiff alleges that the ALJ failed to discuss the relevance of the objective medical evidence showing pain, and incorrectly weighed this medical evidence and plaintiff's work attempts. The ALJ explained that the claimant described daily activities which are not limited to the extent one would expect given the complaints of disabling symptoms and limitations. Preceding this conclusion, the ALJ detailed the evidence he took into account, including the objective medical evidence on the record. (Tr. 29-35). With regards to plaintiff's part-time work abilities, the court has addressed above the contradictions on the record, as noted by the ALJ. In his summary paragraph, the ALJ found further that evidence concerning plaintiff's jogging over the years and grass cutting activities harmed the credibility of his pain severity testimony. (Tr. 35). While the ALJ misstates the date which plaintiff was declared a marathoner, this appears to be a harmless typographical error
In sum, substantial evidence supports the ALJ's credibility assessment, and there is no basis to conclude the outcome in this case would have been different had the ALJ correctly typed the date of the plaintiff's marathon activities. As a result, plaintiff's final objection is overruled.
Based on the foregoing, the court ADOPTS the recommendation in the M&R, overrules plaintiff's objections, and upholds the Commissioner's decision. Accordingly, plaintiff's motion for judgment on the pleadings (DE 19) is DENIED, and defendant's motion for judgment on the pleadings (DE 21) is GRANTED. The clerk is DIRECTED to close the case file.
SO ORDERED.