MARTIN REIDINGER, District Judge.
On July 16, 2013, the Plaintiff, Darrell W. Helms Jr. ("the Plaintiff") protectively filed applications for a period of disability and disability insurance benefits under Title II of the Social Security Act ("the Act") and supplemental security income benefits under Title XVI of the Act, alleging disability beginning May 2, 2013. [Transcript ("T.") at 181, 281-94]. The Plaintiff's applications were denied initially and upon reconsideration. [T. at 132-42, 143-53, 156-66, 167-77]. At the Plaintiff's request, a hearing was held on June 23, 2015, before Administrative Law Judge Stanley K. Chin ("ALJ"). [T. at 98-129]. Present at the hearing were the Plaintiff, the Plaintiff's attorney, and a vocational expert ("VE"). [
Having exhausted his administrative remedies, the Plaintiff commenced this action under 42 U.S.C. § 405(g), seeking judicial review of that decision. [Doc. 1]. The Defendant filed an Answer to the Plaintiff's Complaint. [Doc. 3]. Thereafter, the parties filed cross-motions for summary judgment. [Docs. 10, 12].
Pursuant to 28 U.S.C. § 636(b) and a specific Order of referral of the District Court, the Honorable Dennis L. Howell, United States Magistrate Judge, was designated to consider those motions and to submit to this Court a recommendation for their disposition. On March 7, 2018, the Magistrate Judge entered a Memorandum and Recommendation in this case, recommending that this matter be remanded for further proceedings. [Doc. 14]. The parties were advised that any objections to the Magistrate Judge's Memorandum and Recommendation were to be filed in writing within fourteen (14) days of service. The Defendant timely filed her Objections on March 19, 2018. [Doc. 15].
The Court's review of a final decision of the Commissioner is limited to (1) whether substantial evidence supports the Commissioner's decision,
"In reviewing for substantial evidence, [the Court should] not undertake to reweigh conflicting evidence, make credibility determinations, or substitute [its] judgment for that of the ALJ."
A "disability" entitling a claimant to benefits under the Social Security Act, as relevant here, is "[the] inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." 42 U.S.C. § 423(d)(1)(A). The Social Security Administration Regulations set out a detailed five-step process for reviewing applications for disability. 20 C.F.R. §§ 404.1520, 416.920;
At step one, the ALJ determines whether the claimant is engaged in substantial gainful activity. If so, the claimant's application is denied regardless of the medical condition, age, education, or work experience of the claimant.
At step three, the ALJ must determine whether one or more of the claimant's impairments meets or equals one of the listed impairments ("Listings") found at 20 C.F.R. 404, Appendix 1 to Subpart P. If so, the claimant is automatically deemed disabled regardless of age, education or work experience.
At step four, the claimant must show that his or her limitations prevent the claimant from performing his or her past work. 20 C.F.R. §§ 404.1520, 416.920;
The ALJ found that Plaintiff has not engaged in substantial gainful activity since May 2, 2013, the alleged date of onset. [T. at 183]. The ALJ then found that the Plaintiff has the following severe impairments: affective disorders and anxiety-related disorders. [T. 183-85]. The ALJ determined that the Plaintiff does not have an impairment or combination of impairments that meets or medically equals the Listings. [T. at 185-87]. The ALJ then determined that the Plaintiff, notwithstanding his impairments, has the RFC:
[T. at 187-93].
The ALJ further found that the demands of the Plaintiff's past relevant work exceed his RFC and that the Plaintiff is, therefore, unable to perform any past relevant work. [T. at 193]. Based on the testimony of the VE, and considering the Plaintiff's age, education, work experience, and RFC, the ALJ concluded that there are other jobs that exist in significant numbers in the national economy that the Plaintiff can perform. [T. at 193-94]. The ALJ therefore concluded that the Plaintiff was not "disabled" as defined by the Social Security Act from May 2, 2013, his alleged date of onset, through July 14, 2015, the date of the ALJ's decision. [T. at 194].
In this appeal, the Plaintiff sets out two assignments of error. First, the Plaintiff asserts that the ALJ erred in failing to provide a complete function-by-function analysis of the Plaintiff's mental limitations in the RFC assessment. [Doc. 11 at 5]. Second, the Plaintiff argues that the ALJ erred in failing to explain how he resolved conflicting psychological opinions, both of which were assigned great weight. [
Social Security Ruling 96-8p explains how adjudicators should assess residual functional capacity. In assessing the RFC, the ALJ must consider all of the limitations and restrictions imposed by the claimant's impairments, both severe and not severe. SSR 96-8p; 20 C.F.R. § 416.945(e). The Ruling instructs that the RFC "assessment must first identify the individual's functional limitations or restrictions and assess his or her work-related abilities on a function-by-function basis, including the functions" listed in the Regulations.
Here, the Plaintiff asserts that the ALJ erred in assessing the mental RFC in the following ways: (1) the ALJ failed to make a finding as to the Plaintiff's ability to stay on task; (2) the ALJ failed to explain how the Plaintiff will be able to interact with others despite his moderate difficulties in social functioning; and (3) the ALJ failed to explain how the Plaintiff's mild restriction in activities of daily living impact his ability to engage in work activity.
The Plaintiff first contends that the ALJ failed to consider his ability to stay on task or to work for a full workday or workweek. In so arguing, the Plaintiff relies heavily on
While the ALJ did not explicitly use the phrase "ability to stay on task," a careful review of the ALJ's decision reveals that the ALJ properly accounted for the Plaintiff's limitations in concentration, persistence, and pace in determining the Plaintiff's RFC. In his decision, the ALJ noted that the RFC determination was an evaluation of the Plaintiff's "physical and mental work activities on a sustained basis." [T. at 183 (emphasis added)]. The ALJ also noted that the Plaintiff's mental impairments were triggered by situational factors and that his symptoms improved with medication [T. at 190-91], and that the Plaintiff was found by treatment providers to have "fair" or "normal" attention and concentration. [T. at 189, 190]. The ALJ also considered the Plaintiff's daily activities in the RFC determination, noting that the Plaintiff reported spending his days going to the library, reading books, playing cards and bingo, and volunteering at a public housing facility. [T. at 124, 186, 190, 413, 417]. Additionally, the Plaintiff reported doing a number of household chores, shopping, and going to yard sales. [T. at 121, 122, 186, 343-46].
The ALJ also relied upon the assessments from the State agency psychological consultants [T. at 191-92], who both determined that the Plaintiff had the ability to complete a normal workday and workweek without interruptions from psychologically based symptoms; had the ability to tolerate day-to-day work stressors; could sustain concentration for simple tasks; and had the mental RFC to perform simple, routine, repetitive tasks. [T. at 138-39, 162-63]. Ultimately, the ALJ accounted for the Plaintiff's mental restrictions by limiting him to "simple, routine, repetitive tasks, performed in a work environment that is free of fast-paced production requirements that involves only simple, work-related decisions and routine workplace changes. The claimant is limited to occasional interaction with the public." [T. at 187].
"
Next, the Plaintiff argues that the ALJ's consideration of his limitations in social functioning was incomplete. [Doc. 11 at 9-10]. Specifically, the Plaintiff contends that although the ALJ found that the Plaintiff was limited to occasional interaction with the public, the ALJ did not define "interaction." The Plaintiff also contends that the ALJ did not explicitly discuss the Plaintiff's ability to follow instructions or to interact with supervisors.
The Social Security Administration defines "social functioning" as follows:
20 C.F.R. Pt. 404, Subpt. P, App. 1 § 12.00(C)(2). This regulation clearly defines the scope of interaction contemplated by the term "social functioning." The Plaintiff's contention that the ALJ is required to provide any further definition of the term "interaction" is simply without merit.
As for the ALJ's purported failure to explicitly discuss the Plaintiff's ability to follow instructions or to interact with supervisors, the Court finds no error. The ALJ found that the Plaintiff did not have problems getting along with authority figures, and this finding is supported by substantial evidence. A function report completed by April Wilson, the Plaintiff's future sister-in-law, noted that the Plaintiff's ability to get along with authority figures was "fair." [T. at 348]. The ALJ also noted that recent treatment notes indicated that the Plaintiff had made new friends and had volunteered at a local housing authority. [T. at 413, 451, 457]. Further, as the ALJ noted, the state agency psychological consultants concluded that, despite the Plaintiff's moderate limitations in dealing with the general public, the Plaintiff's abilities to accept instruction and respond appropriately to criticism from supervisors and to get along with co-workers were not significantly limited. [T. at 139, 150, 163]. Based on this substantial evidence, the ALJ properly determined that there were no limitations in the Plaintiff's ability to follow instructions or interact with supervisors. As such, the ALJ did not err in his determination that a limitation to only occasional contact with the public adequately accounted for the Plaintiff's moderate difficulties in social functioning.
The Plaintiff argues that, in formulating the RFC, the ALJ failed to address the Plaintiff's mild restriction in activities of daily living, and that under
In applying the "paragraph B" criteria during step two of the sequential evaluation, the ALJ found that the Plaintiff had only mild limitation in activities of daily living. The limitations identified in the "paragraph B" criteria, however, are used only to rate the severity of mental impairments at steps 2 and 3 and are not part of the RFC assessment.
The Magistrate Judge determined that the ALJ erred in his assessment of the Plaintiff's mild restriction in activities of daily living and therefore recommended remand on this basis. In so reasoning, the Magistrate Judge noted the decision of
The failure of an ALJ to conduct an explicit function-by-function analysis, however, does not necessarily require a remand in every case. As the Court of Appeals stated in
Here, unlike in
In sum, the Court concludes that the ALJ's mental RFC assessment satisfied the requirements of
In his second assignment of error, the Plaintiff contends that the ALJ failed to resolve conflicts between the opinions of the State agency psychological consultants and, without explanation, omitted some of their assessed limitations from the RFC. [Doc. 11 at 12-15]. Specifically, the Plaintiff notes that on the Psychiatric Review Technique Form, one State agency psychologist found that the Plaintiff was not significantly limited in his ability to perform activities within a schedule, maintain regular attendance, and be punctual within customary tolerances, while the other State agency psychologist in completing the same type of form found that the Plaintiff had limitations in these functions. [
While the psychologists' opinions differed as to this one category of functions, both psychologists found that despite any limitations the Plaintiff may have had regarding his ability to perform activities within a schedule, maintain regular attendance, and be punctual within customary tolerances, he nonetheless retained the ability to sustain concentration to perform simple tasks and would be able to perform work involving simple, routine, repetitive tasks. [T. at 138-39, 173-74]. The ALJ adopted this latter conclusion and used it in formulating the RFC. [T. at 192]. Thus, any conflict between the opinions of the State agency psychologists was inconsequential to the ALJ's ultimate RFC determination. This second assignment of error, therefore, is without merit.
In summary, the Court finds and concludes that the decision of the Commissioner is supported by substantial evidence and is based on the application of the correct legal standards. Accordingly, the Commissioner's decision is affirmed.