ROBERT J. CONRAD, JR., District Judge.
No party has objected to the Magistrate Judge's statement of the procedural or factual background of this case. Therefore, the Court adopts the facts as set forth in the M&R.
A district court may assign dispositive pretrial matters, including motions to dismiss, to a magistrate judge for "proposed findings of fact and recommendations." 28 U.S.C. § 636(b)(1)(A) & (B). The Federal Magistrate Act provides that a district court "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made."
When reviewing social security cases on appeal, the Court must decide whether substantial evidence supports the final decision of the Commissioner and whether the Commissioner fulfilled his lawful duty in his determination that Plaintiff was not disabled under the Social Security Act.
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,
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.
Plaintiff argues that the Court should remand the Commissioner's decision because the ALJ erred when he: (1) failed to afford appropriate weight to the opinion evidence within the record; (2) found that Plaintiff could perform "Light Work" despite the limiting effects of his migraines; and (3) failed to find that Plaintiff's anxiety disorder was a severe impairment. (Doc. No. 12). In his M&R, the Magistrate Judge did not find Plaintiff's arguments persuasive and recommended this Court grant Defendant's Motion. (Doc. No. 15).
Though the Court agrees with the Magistrate Judge's M&R, it will review the issues raised in Plaintiff's objections de novo. Specifically, Plaintiff objects to the M&R's conclusion that the record did not support the fact that Plaintiff's migraines would negatively impact his ability to work and remain on task throughout the work day. Plaintiff also argues that the M&R improperly analyzed the amount of weight the ALJ afforded to Ms. Clatfelter, Plaintiff's treating psychotherapist. Finally, Plaintiff objects to the M&R's assessment of Dr. Carraway's findings as a consultative opinion.
In his M&R, the Magistrate Judge found that the ALJ properly took into account Plaintiff's migraines when determining his residual function capacity ("RFC"). (Doc. No. 15 at 11-12). The M&R emphasized the role of the ALJ when conflicting evidence exists within the medical record. The M&R quotes Defendant's brief, which stated that, "[u]ltimately, it is the duty of the administrative law judge reviewing a case, and not the responsibility of the courts, to make findings of fact and to resolve conflicts in the evidence." (Doc. No. 15 at 12) (quoting (Doc. No. 14 at 18) and
Plaintiff responds to the M&R by stating that substantial evidence in the record supports the fact that Plaintiff's migraines reduce his "ability to attend work consistently and remain on-task to the extent required by competitive employment, eve with medications and injections." (Doc. No. 16 at 1). In support of this argument, Plaintiff cites his own testimony as well as the medical record, which documents an emergency room visit in April of 2015 for a migraine that lasted 11 days. (
Plaintiff's arguments are unavailing. Although there is record evidence that if considered alone and given great credibility, could support Plaintiff's view, the ALJ reading is supportable.
To begin with, the ALJ incorporated limits resulting from Plaintiff's migraines into the RFC. For instance, the ALJ noted that Plaintiff repeatedly complained of a headache resulting from heatstroke. (Tr. 20). So, the ALJ limited Plaintiff's RFC to avoiding moderate exposure to heat. (
In his objections, Plaintiff cites pages in the record claiming that substantial evidence refutes the ALJ's conclusion. (Doc. No. 16 at 2). Even if the Court were to second guess the ALJ's role in weighing conflicting evidence, Plaintiff merely cites portions of the record where professionals summarized Plaintiff's own complaints. (
Next, Plaintiff objects to the M&R's conclusion that the ALJ properly weighed the opinions of Ms. Carolyn Clatfelter and Dr. Carraway. For the reasons discussed below, the Court agrees with the Magistrate Judge and the Commissioner.
In his decision, the ALJ assigned Carolyn Clatfelter, MA, LPCA little weight. (Tr. 24). The ALJ stated that not only was Clatfelter not a medically acceptable source, but that her findings were inconsistent with other relatively normal findings within the medical record. (
Plaintiff's last objection criticizes the weight the ALJ assigned to Dr. Carraway's opinion from a consultative psychological evaluation. The ALJ assigned Dr. Carraway's opinion "some weight" because it was only somewhat consistent with the medical record. (Tr. 23). Plaintiff objects to the ALJ's RFC saying that, while Dr. Carraway found mild-to-moderate interpersonal difficulties, (Tr. 805), the RFC omits corresponding limitations to Plaintiff's social functioning. (Doc. No. 16 at 3).
The Court notes that Plaintiff is correct that the RFC omits any limitation in Plaintiff's social functioning. (Tr. 19-20). However, this is appropriate considering that the ALJ only found mild limitations in Plaintiff's social functioning. (Tr. 18). The ALJ specifically noted during Step Three that Plaintiff was able to respect authority figures and maintain personal relationships. (
The Court cannot conclude that the ALJ's assignment of weight to Dr. Carraway's opinion lacked sufficient reasoning. The ALJ not only referenced the findings of relatively normal limitations as he did with Ms. Clatfelter's opinion, he also referenced Plaintiff's daily living activities which illustrate that Plaintiff had little to no problems with social interaction.