LOUISE W. FLANAGAN, District Judge.
This matter is before the court on the parties' cross motions for judgment on the pleadings. (DE 15, 19). 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. (DE 22). 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 recommendation in the M&R, denies plaintiff's motion, grants defendant's motion, and affirms defendant's final decision.
On February 7, 2014, plaintiff protectively filed applications for disability insurance benefits and supplemental security income, alleging disability beginning January 15, 2014. The claims were denied initially and upon reconsideration. Plaintiff requested hearing before an administrative law judge ("ALJ"), who, after hearing held April 22, 2016, denied plaintiff's claims by decision entered May 18, 2016. Following the ALJ's denial of her applications, plaintiff timely requested review before the Appeals Council. The Appeals Council denied plaintiff's request, leaving the ALJ's decision as defendant's final decision. Plaintiff filed this action seeking judicial review.
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 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 January 15, 2014. At step two, the ALJ found that plaintiff had the following severe impairments: obesity, arthritis, diabetes mellitus, hypertension, depression, and anxiety. At step three, the ALJ 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 plaintiff had the residual functional capacity ("RFC") to perform sedentary work except that claimant can occasionally stoop and crouch. In addition, the ALJ determined that claimant can tolerate occasional exposure to hazards such as moving machinery and unprotected heights; can understand, remember, and carry out simple instructions, and sustain attention to perform simple, routine, repetitive tasks; can occasionally interact with coworkers but never interact with the public; and cannot perform tasks that require production pace.
At step four, the ALJ concluded plaintiff was unable to perform her past relevant work as a dietary aide. At step five, the ALJ determined that jobs exist in the national economy in significant numbers that plaintiff can perform. Thus, the ALJ concluded that plaintiff was not disabled under the terms of the Social Security Act.
Plaintiff argues the case should be remanded to defendant on the ground that the RFC determination fails properly to account for plaintiff's obesity. In particular, plaintiff argues that the ALJ failed to consider restrictions noted in a medical visit held July 20, 2015, where the record notes that plaintiff had bilateral knee pain, back pain, had to rest at home when doing housekeeping chores, and that the stairs to her apartment were becoming increasingly difficult to negotiate. Tr. 468, 471.
This argument fails, however, because the ALJ considered plaintiff's restrictions reported at the July 20, 2015, medical visit.
Plaintiff's remaining objections pertain to instances where the magistrate judge arguably endeavored to bolster the ALJ's decision by reference to evidence and/or analysis that the ALJ did not rely upon in the first instance. This court recently has emphasized, in a published order, that
Nonetheless, as held above, where the ALJ considered plaintiff's functional limitations, albeit without expressly attributing such limitations to obesity, and accounted for same in the RFC determination, remand is unwarranted.
Based on the foregoing, and upon de novo review of the administrative record, the court ADOPTS the recommendation in the M&R. (DE 21). Plaintiff's motion for judgment on the pleadings (DE 15) is DENIED, and defendant's motion for judgment on the pleadings (DE 19) is GRANTED. The clerk is DIRECTED to close this case.
SO ORDERED.