N. CARLTON TILLEY, Jr., Senior District Judge.
On May 11, 2016, the United States Magistrate Judge's Memorandum Opinion and Recommendation ("Recommendation") was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. [Docs. # 11, 12.] Plaintiff Daniel J. O'Brien timely objected. [Doc. #13.] After a careful consideration of the evidence of record, this court finds that the Commissioner's decision is supported by substantial evidence, and as a result, will overrule Mr. O'Brien's objections and adopt the Recommendation.
Federal law authorizes judicial review of the Commissioner's denial of social security benefits. 42 U.S.C. § 405(g);
"Substantial evidence means `such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.'"
"In reviewing for substantial evidence, the court should not undertake to re-weigh conflicting evidence, make credibility determinations, or substitute its judgment for that of the [ALJ]."
Mr. O'Brien filed an application for Social Security Disability Benefits on January 27, 2012 alleging a disability onset date of May 13, 2011. (Tr. at 41, 171.) Mr. O'Brien's application was initially denied on May 18, 2012 and upon reconsideration on July 16, 2012. (Tr. at 52, 67-68.) Mr. Marshall requested a hearing before an Administrative Law Judge ("ALJ"), which was held on November 4, 2013. (Tr. at 14.) Mr. Marshall, his attorney, and a vocational expert ("VE") attended the hearing. (
After the Appeals Council denied review, Mr. O'Brien brought this action pursuant to Section 205(g) of the Social Security Act, as amended (42 U.S.C. § 405(g)), to obtain judicial review of a final decision of Defendant Commissioner of Social Security ("Commissioner"), denying Plaintiff's claim for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act. (Compl. [Doc. #1].) Commissioner filed an Answer. [Doc. #4.] Subsequently, Mr. O'Brien filed a Motion for Judgment Reversing Or Modifying The Decision of the Commissioner, or Remanding The Cause for A Rehearing [Doc. #7] and supporting Memorandum [Doc. #8]. Commissioner then filed a Motion for Judgment on the Pleadings [Doc. #9] and supporting Memorandum [Doc. #10].
Mr. O'Brien objects to the Recommendation with regard to four issues: (1) the Magistrate Judge was incorrect in finding that the ALJ properly determined Mr. O'Brien's mental residual functional capacity, (2) the Magistrate Judge was incorrect in finding that the ALJ properly accounted for his finding as to Mr. O'Brien's moderate difficulties in social functioning, (3) the Magistrate Judge was incorrect in finding that the ALJ adequately accounted for his finding that Mr. O'Brien had moderate limitations in concentration, persistence, or pace, and (4) the Magistrate Judge was incorrect in finding that the ALJ properly determined Mr. O'Brien's overall residual functional capacity. (Pl.'s Objs. to Rec. of US Magistrate Judge "Pl.'s Objs." [Doc. #13].)
Mr. O'Brien first argues that
(
Mr. O'Brien cites to the Fourth Circuit's decision in
However, the record does not support Mr. O'Brien's contention. At Step Three, the ALJ found the following severe impairments: ocular headaches, major depressive disorder, post-traumatic stress disorder, and anxiety disorder. (Tr. at 75.) At Step Four, the ALJ went on to assess whether or not Mr. O'Brien's mental impairments met, alone or in combination, one of the listed impairments. (Tr. at 76.) To do this, the ALJ considered whether the "paragraph B" criteria were "satisfied." (
In addition, the ALJ addressed these issues when posing hypothetical questions to the VE at Mr. O'Brien's hearing. (Tr. at 37-39.) Unlike the ALJ in
Mr. O'Brien next argues that the ALJ erred by not sufficiently analyzing "opinions from the consultants the ALJ did not discuss nor account for" and that "both consultants opined O'Brien is impaired in his ability to accept instructions and respond appropriately to criticism from supervisors." (Pl.'s Objs. [Doc. #13] at 3.) Mr. O'Brien completes his argument by stating that "the ALJ did not adequately account for . . . moderate difficulties in social functioning in light of his statement that he incorporated the opinions of the psychological consultants in to the residual functional capacity." (
Although Mr. O'Brien does not specify to which consultants' opinions he is referring, the two consultants who found Mr. O'Brien to be disabled or unable to be employed were Dr. Michael Dulin and Jane Patterson, MSW. (Tr. at 302, 402.) In his decision, the ALJ explicitly referenced the treatment Mr. O'Brien received from Dr. Dulin and Ms. Patterson. (Tr. at 79-80.) Then the ALJ expressly explained why he gave little weight to the opinions of both Dr. Dulin and Ms. Patterson. (Tr. at 82.) Specifically, the ALJ found that "both opinions appear to be based largely on subjective complaints of the claimant rather than substantial support from any objective or clinical findings."
Mr. O'Brien next asserts that the Magistrate Judge was incorrect in finding that the ALJ adequately accounted for his finding that Mr. O'Brien had moderate limitations in concentration, persistence, or pace.
(Pl.'s Objs. [Doc. #13] at 5.)
However, the record does not support this contention. When posing hypotheticals to the VE, the ALJ included the limitation that "they would have to be able to maintain attention and concentration for two-hour segments over an eight-hour period; and they could complete a normal work week without excessive interruptions from psychologically or physically based symptoms." (Tr. at 37.) The VE then went on to give jobs that existed in the economy that included this limitation in concentration, persistence, or pace. (Tr. at 38.) Courts have found the ALJ's findings were not supported by substantial evidence when the ALJ did not include concentration or pace limitations in hypotheticals that then were the basis for the resulting RFC.
Mr. O'Brien's final contention is that the Magistrate Judge was incorrect in finding that the ALJ properly determined Mr. O'Brien's overall residual functional capacity. Specifically, Mr. O'Brien argues that, "[i]n this case the ALJ did not include in the narrative discussion of O'Brien's residual functional capacity an explanation of why opinions he said he incorporated in to the residual functional capacity were not included." (Pl.'s Objs. [Doc. #13] at 7.) In his objections, Mr. O'Brien does not specify what opinions were not included nor how they would impact the RFC if they were. In addition, the record does not support this argument. As explained
For the reasons stated herein, the Court adopts the Magistrate Judge's Recommendation [Doc. #11]. Plaintiff's Motion for Judgment Reversing the Commissioner [Doc. #7] is
A Judgment dismissing this action will be entered contemporaneously with this Memorandum Order.