LOUISE W. FLANAGAN, District Judge.
This matter is before the court on the parties' cross motions for judgment on the pleadings. (DE 16, 21). Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Robert T. Numbers, II, entered 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 issues raised are ripe for ruling. For the reasons that follow, the court adopts the M&R as its own, grants defendant's motion, denies plaintiff's motion, and affirms defendant's final decision.
On September 20, 2013, plaintiff filed applications for disabled widow's benefits and supplemental security income, alleging disability beginning September 7, 2013. The applications were denied both initially and upon reconsideration. Plaintiff filed a request for hearing before an administrative law judge ("ALJ"), who, after a January 7, 2016, video hearing, denied plaintiff's claims by decision dated January 20, 2016. Following the ALJ's denial of her applications, plaintiff timely filed a request for review with the Appeals Council, which denied the request, leaving the ALJ's decision as defendant's final decision. Plaintiff then commenced this action on June 9, 2016, seeking review of defendant's decision.
The court has jurisdiction under 42 U.S.C. § 405(g) to review defendant'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."
"A necessary predicate to engaging in substantial evidence review is a record of the basis for the ALJ's ruling," including "a discussion of which evidence the ALJ found credible and why, and specific application of the pertinent legal requirements to the record evidence."
To assist it in its review of defendant'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 September 7, 2013. At step two, the ALJ found that plaintiff had the following severe impairments: cervical degenerative disc disease and spondylosis; obesity; bipolar disorder; and attention deficit hyperactivity disorder (ADHD). However, at step three, the ALJ further determined that these impairments were not severe enough, either individually or in combination, to meet or medically equal one of the listings in the regulations.
Before proceeding to step four, the ALJ determined that during the relevant time period plaintiff had the residual functional capacity ("RFC") to perform light work, with the following limitations:
(Tr. 24). In making this assessment, the ALJ found plaintiff's statements about her limitations not fully credible. At step four, the ALJ concluded plaintiff has no 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 perfomr. Thus, the ALJ concluded that plaintiff was not disabled under the terms of the Social Security Act.
In her objections, plaintiff argues that the ALJ erred in failing to accord appropriate weight to opinion evidence in the record, and in failing to formulate properly her RFC with due consideration of her testimony and limited daily activities. The magistrate judge cogently addressed each of the arguments raised by plaintiff, discussing applicable law and evidence in the record. Plaintiff does not "direct the court to a
Plaintiff argues that the ALJ erred in giving less weight to opinions of consultative examiners because they "only had the opportunity to examine the claimant on one occasion," (Tr. 28), whereas the ALJ gave great weight to agency medical consultants who never examined her. The reasons given by the ALJ for weighing the medical opinions, however, were valid, multi-faceted, and supported by the record.
First, although non-examining consultant opinions generally are given less weight than examining physician opinions,
By contrast, the non-examining consultants had benefit of a complete review of plaintiff's medical records, and the opinion they formulated was more consistent with those underlying medical records. (
As for Dr. Bing, whose opinion the ALJ gave "moderate" weight, it was likewise appropriate for the ALJ to note "he only evaluated the claimant on one occasion," where this fact considered along with the fact that "it was unclear whether the claimant had been compliant with her medication at the time of the evaluation," two considerations relevant to assessment of functional impact of plaintiff's bipolar disorder. (Tr. 28-29;
Plaintiff argues that the ALJ did not properly take into account the limitations in plaintiff's activities of daily living when formulating plaintiff's RFC, by "erroneously equat[ing] [plaintiff's] ability to engage in some activities on her own schedule with an ability to work full-time." (Obj. at 8). This argument mis-represents the ALJ's analysis, however. In formulating plaintiff's RFC, the ALJ considered plaintiff's testimony as well as medical evidence of record, with a thorough discussion of both. (Tr. 24-29). Activities of daily living are not discussed as a defining feature of plaintiff's RFC, but rather are noted in conjunction with other medical evidence of record as pertinent to evaluating plaintiff's credibility. (
For example, the ALJ noted plaintiff's testimony that she "is limited to lifting 10 pounds and sitting for 15 to 25 minutes," that "one or two days a week she stays in bed . . . with 10 bad days a month," and that she "stated that she has not worked for the past two and half years, with the exception of when she tried to work at Jack's Tavern for two days but could not perform the work of cleaning the kitchen because her feet swelled." (Tr. 25). The ALJ also noted a third party statement of a friend that plaintiff "did very little during the day due to pain," and "had difficulty cooking, driving, and sweeping due to hand pain and numbness." (Tr. 29).
In evaluating plaintiff's activities, the ALJ noted, by contrast, the following:
(Tr. 28). In noting these activities, in conjunction with the medical record, the ALJ concluded "[o]verall, the evidence of record does not fully support the degree of limitation alleged." (
Accordingly, plaintiff's argument that the ALJ erred in considering plaintiff's activities of daily living is without merit.
Based on the foregoing, upon careful review of the M&R and the record in this case, the court ADOPTS the recommendation in the M&R. Plaintiff's motion for judgment on the pleadings (DE 16) is DENIED, and defendant's motion for judgment on the pleadings (DE 21) is GRANTED. The clerk of court is DIRECTED to close this case.
SO ORDERED.