DAVID S. CAYER, Magistrate Judge.
The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c) and these Motions are ripe for disposition.
Having considered the written arguments, administrative record, and applicable authority, the Court finds that Defendant's decision to deny Plaintiff Social Security benefits is supported by substantial evidence. Accordingly, the Court will
The Court adopts the procedural history as stated in the parties' briefs.
Plaintiff filed the present action on April 17, 2017. She assigns error to the Administrative Law Judge (ALJ)'s formulation of her Residual Functional Capacity ("RFC").
The parties' cross-Motions are ripe for disposition.
The Social Security Act, 42 U.S.C. § 405(g) and § 1383(c)(3), limits this Court's review of a final decision of the Commissioner to: (1) whether substantial evidence supports the Commissioner's decision,
As the Social Security Act provides, "[t]he findings of the [Commissioner] as to any fact, if supported by substantial evidence, shall be conclusive." 42 U.S.C. § 405(g). In
The Fourth Circuit has long emphasized that it is not for a reviewing court to weigh the evidence again, nor to substitute its judgment for that of the Commissioner, assuming the Commissioner's final decision is supported by substantial evidence.
The question before the ALJ was whether Plaintiff became "disabled" at any time as that term is defined for Social Security purposes.
Plaintiff challenges the ALJ's formulation of her RFC. The ALJ is solely responsible for assessing a claimant's RFC. 20 C.F.R. §§ 404.1546(c) & 416.946(c). In making that assessment, the ALJ must consider the functional limitations resulting from the claimant's medically determinable impairments. SSR96-8p at *2. However, it is the claimant's burden to establish her RFC by demonstrating how those impairments impact her functioning.
The Fourth Circuit has held that "remand may be appropriate . . . where an ALJ fails to assess a claimant's capacity to perform relevant functions, despite contradictory evidence in the record, or where other inadequacies in the ALJ's analysis frustrate meaningful review."
The ALJ's RFC determination here is supported by Plaintiff's testimony, medical records and treatment history. To the extent that Plaintiff is challenging the ALJ's credibility determination, the Court finds that the ALJ applied the correct legal standard and her credibility determination is supported by substantial evidence.
Plaintiff assigns error to the ALJ's evaluation of Dr. Huynh's consultative opinion. Dr. Huynh examined Plaintiff in November 2015, and completed a statement on her ability to engage in physical activities. (Tr. 24, 343-52). The ALJ provided a detailed and well-supported explanation of why she gave great weight to Dr. Huynh's overall assessment but only little weight to a particular aspect of the assessment that reflects a "patent internal inconsistency" and conflicts with "the weight of the evidence in the record as a whole." (Tr. 24).
Dr. Huynh indicated in the medical-source statement that Plaintiff could stand for only one hour total, and walk for only one hour total, during an eight-hour workday. (Tr. 24, 348). As the ALJ explained, "it is clear from a review of the entirety of Dr. Huynh's report that he did not intend to limit the claimant to such an extreme." (Tr. 24).
The ALJ explained that Dr. Huynh found that Plaintiff could engage in postural activities — such as climbing ramps, stairs, ladders, and scaffolds —occasionally
The ALJ's explanation is entirely reasonable. It would be inconsistent to find that Plaintiff could climb ramps, stairs, ladders, and scaffolds for more total hours in the day than she could stand or walk. It would also be inconsistent to find that someone with generally normal neurological, musculoskeletal, and range-of-motion findings on physical examination would be extremely limited in her ability to stand and walk (Tr. 23) (describing the physical-examination findings as "almost entirely unremarkable"). The ALJ has given good reasons for her treatment of Dr. Huynh's opinion.
Although the medical records establish that Plaintiff experienced pain and mental and emotional difficulties to some extent, as the Fourth Circuit has noted, it is the ALJ's responsibility, not the Court's, "to reconcile inconsistencies in the medical evidence."
1. Plaintiff's "Motion for Judgment on the Pleadings" (document #12) is
2. The Clerk is directed to send copies of this Memorandum and Order to counsel for the parties.