LOUISE W. FLANAGAN, District Judge.
This matter is before the court on the parties' cross motions for judgment on the pleadings. (DE 20, 22). Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Robert T. Numbers 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, denies plaintiff's motion, and grants defendant's motion.
On February 26, 2013, plaintiff protectively filed applications for disability insurance benefits and supplemental security income, alleging disability beginning July 31, 2012. The claims were denied initially and upon reconsideration. Plaintiff requested hearing before an administrative law judge ("ALJ"), who, after hearing held July 8, 2015, denied plaintiff's claims by decision entered February 9, 2016. Following the ALJ's denial of her applications, plaintiff timely filed a request for review before the Appeals Council. The Appeals Council denied plaintiff's request, leaving the ALJ's decision as defendant's final decision. Plaintiff then 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 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 plaintiff had not engaged in substantial gainful activity since July 31, 2012. At step two, the ALJ found plaintiff had the following severe impairments: degenerative disc disease; obesity; and depression. At step three, the ALJ determined 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 plaintiff had the residual functional capacity ("RFC") to perform light work, with the following exceptions:
(Tr. 25).
At step four, the ALJ concluded plaintiff was unable to perform any past relevant work. At step five, the ALJ determined jobs exist in the national economy that plaintiff can perform. Thus, the ALJ concluded plaintiff was not disabled under the terms of the Social Security Act.
In her sole objection, plaintiff argues that the ALJ failed to properly calculate her RFC.
In making the RFC determination, the ALJ must identify the claimant's "functional limitations or restrictions" and assess his "work-related abilities on a function-by-function basis, including the functions listed in the regulations."
The ALJ expressly noted plaintiff's use of cane in summarizing the record of evidence presented. (Tr. 26) ("She reported she uses a cane some of the time that was prescribed the day she was released from the hospital in 2014. The claimant indicated Dr. Miller prescribed the cane and told to her use it when needed."). Based on the limited evidence in the record, the ALJ did not make further findings that the cane was medically required and did not account for it in assessing plaintiff's RFC.
The evidence proffered by plaintiff in the proceedings below does not establish that her cane was medically required. The medical documentation that plaintiff submitted for the ALJ's consideration was record of a prescription for a cane on or about May 21, 2014. (Tr. 941-42). The documentation indicates the cane was prescribed as a temporary measure to allow her to transition from "walker to cane to no assistive devices." (Tr. 942). Moreover, patient's subsequent visit to the doctor's office on or about June 25, 2014 documented a that the incision in her legs was "well healed" and "neurologically intact" such that the doctor recommended that patient "progress from cane to no assistive devices." (Tr. 939-40). The limited objective medical evidence offered by plaintiff does not establish that plaintiff's cane is medically required for the purposes of determining disability.
The subjective evidence in the record also does not establish the medical necessity of plaintiff's cane. When plaintiff first filed her application disability insurance benefits and supplemental security income in 2013, she did not report that she required use of a cane. (Tr. 292). Moreover, when she testified before the ALJ in her hearing, plaintiff only stated that she "use[s] a cane sometimes." (Tr. 52). Upon further inquiry by the ALJ as to whether or not plaintiff was instructed by her doctor to use the cane on a permanent basis, plaintiff said "[n]ot permanent but just for a little while." (Tr. 53). Elaborating further, plaintiff explained that she used the cane "every so often because . . . I have a tendency to fall." (Tr. 53). Plaintiff's limited testimony on her use of a cane does not establish that the cane was medically required such that the ALJ would have to consider it in formulating plaintiff's RFC.
The court is satisfied that the Commissioner's decision is supported by substantial evidence. Plaintiff's objection to the M&R is overruled.
Based on the foregoing, and upon de novo review of the administrative record, the court ADOPTS the recommendation in the M&R, DENIES plaintiff's motion for judgment on the pleadings, (DE 20), and GRANTS defendant's motion for judgment on the pleadings, (DE 22). The clerk is DIRECTED to close this case.
SO ORDERED.