F.A. GOSSETT, Magistrate Judge.
Plaintiff Michael Garrett claims in this Social Security appeal that the Commissioner's decision to deny him Social Security benefits is contrary to law and not supported by substantial evidence. The Commissioner's decision will be affirmed.
On April 27, 2010, Plaintiff filed an applications for Social Security disability benefits and supplemental security income, alleging that he was unable to work due to a combination of impairments. Plaintiff's application was denied initially and on reconsideration, and he appealed its denial to an administrative law judge ("ALJ").
An administrative hearing was held by video-conferencing before an ALJ on August 18, 2011. Plaintiff testified at the hearing. Janice Hastert ("Hastert"), a vocational expert ("VE"), also testified at the hearing.
The ALJ issued an unfavorable decision on September 16, 2011, concluding that Plaintiff is not disabled under the Social Security Act. (Tr. 7-23.)
On October 15, 2012, the Social Security Appeals Council denied Plaintiff's request for review. (Tr. 1-6.) Thus, the ALJ's decision stands as the final decision of the Commissioner of Social Security.
A denial of benefits by the Commissioner is reviewed to determine whether the denial is supported by substantial evidence on the record as a whole.
Plaintiff maintains that the ALJ erred by failing to "discuss the evidence in the record of [Plaintiff's] low level of intellectual functioning." (
Although not completely clear from Plaintiff's briefing, it appears that Plaintiff argues that the ALJ improperly assessed his RFC by failing to consider his intellectual limitations. In formulating an individual's RFC, an ALJ should consider "all the relevant evidence, including the medical records, observations of treating physicians and others, and an individual's own description of his limitations."
The medical evidence of record, which was thoroughly discussed by the ALJ in his opinion, supports the ALJ's RFC assessment. The ALJ considered, and placed great weight upon, the opinions of three psychologists. Dr. Rebecca Schroeder, who performed a consultative examination on Plaintiff in June, 2010, observed that Plaintiff is capable of understanding simple instructions, and sustaining the concentration needed for simple task completion. (Tr. 346.) Dr. Schroeder further opined that Plaintiff "appears capable of carrying out direction under ordinary supervision once he is comfortable with his job" and "seems capable of adapting to changes within his environment." (Id.) Dr. Schroeder noted that Plaintiff was cooperative during her exam, had no difficulty responding to simple or complex questions, and had fair to good communication skills. (Tr. 344.) Dr. Linda Schmechel, who reviewed Plaintiff's file, likewise found that Plaintiff can understand instructions and does not have great difficulties in sustained concentration. (Tr. 297.) Consultant Dr. Rebecca Braymen similarly concluded that Plaintiff's conditions create moderate limitations in functioning. (Tr. 332.) The ALJ's RFC determination is consistent with the opinions of these three psychologists.
The ALJ's RFC evaluation is further supported by Plaintiff's medical records, which indicate that Plaintiff has received little treatment for his impairments. Plaintiff's medical records show that in June, 2006, Plaintiff was seen by a general practitioner who diagnosed Plaintiff with Asperger's Syndrome and depression. At that time, the physician prescribed several medications. Despite this diagnosis, there are no medical treatment records for the period of June, 2006 through June, 2011. Also, as the ALJ noted, it does not appear that Plaintiff has sought treatment from a psychiatrist or other counseling to treat his depression. See
Plaintiff's testimony also supports the ALJ's conclusion that Plaintiff's impairments are not as severe or limiting as he claims. In finding Plaintiff not credible, the ALJ considered, among other things, Plaintiff's testimony regarding his daily activities and work history. The ALJ noted that Plaintiff is participating in a program through his high school which is designed to help Plaintiff learn job and independent living skills. (Tr. 15-16.) Further, the ALJ cited Plaintiff's testimony that he frequently plays video games which indicates that he is able to concentrate for sustained periods of time. (Id.) With respect to social functioning, the ALJ noted that Plaintiff was recently employed as a door greeter at Wal-Mart as part of his school program. (Id.) Based on this testimony, the ALJ found that Plaintiff's testimony regarding his ability to concentrate and the degree of his social anxiety was not credible. See
The ALJ is responsible for assessing the credibility of a claimant's subjective testimony about his or her limitations. See
It is clear that in formulating Plaintiff's RFC, the ALJ considered all relevant evidence, including, but not limited to, medical opinions, treatment records, and Plaintiff's own testimony. From his decision, it is apparent to the Court that the ALJ considered how, if at all, Plaintiff is limited by intellectual impairments. Still, in any event, "[i]n denying disability, the ALJ does not have to discuss every piece of evidence presented."
Plaintiff's assertion that the hypothetical question posed to the VE was defective likewise lacks merit. "A hypothetical question posed to the vocational expert is sufficient if it sets forth impairments supported by substantial evidence in the record and accepted as true."
The ALJ's hypothetical asked the vocational expert to consider an individual with an educational background and work history identical to Plaintiff, with nonexertional limitations that would limit the individual to simple, routine, repetitive tasks. (Tr. 59.) The hypothetical limited the individual to jobs that do not require close cooperation and interaction with coworkers, and no cooperation and interaction with the general public. (Id.) The hypothetical assumed the individual retained the ability to maintain attention and concentration for minimum two-hour periods at a time, adapt to changes in a workplace at a basic level, and accept supervision at a basic level.
Hypothetical questions must "precisely describe a claimant's impairments so that the vocational expert may accurately assess whether jobs exist for the claimant."
For the reasons stated, and after careful consideration of each argument presented in Plaintiff's brief, I find that the Commissioner's decision is supported by substantial evidence on the record as a whole and is not contrary to law.
Accordingly,