JOSEPH N. LAPLANTE, District Judge.
Summayyan Ann MNC Wylder has appealed the Social Security Administration's ("SSA") denial of her application for a period of disability and disability insurance benefits. An administrative law judge ("ALJ") at the SSA ruled that, despite several severe impairments, Wylder retains the residual functional capacity ("RFC") to perform jobs that exist in significant numbers in the national economy, and thus is not disabled. See 20 C.F.R. §§ 404.1505(a), 416.905(a). The Appeals Council granted Wylder's request for review, see id. § 404.967, requiring the ALJ to reconsider that decision, taking certain evidence into consideration. Having done so, the ALJ again concluded that Wylder is not disabled. The Appeals Council denied Wylder's second request for review, with the result that the ALJ's second decision became the final decision on her application, see id. § 404.981. Wylder then appealed the decision to this court, which has jurisdiction under 42 U.S.C. § 405(g) (Social Security).
Wylder has moved to reverse the decision. See LR 9.1(b). The Acting Commissioner of the SSA has cross-moved for an order affirming the ALJ's decision.
The court limits its review of a final decision of the SSA "to determining whether the ALJ used the proper legal standards and found facts upon the proper quantum of evidence." Ward v. Comm'r of Soc. Sec., 211 F.3d 652, 655 (1st Cir. 2000). It "review[s] questions of law de novo, but defer[s] to the Commissioner's findings of fact, so long as they are supported by substantial evidence," id., that is, "such evidence as a reasonable mind might accept as adequate to support a conclusion," Richardson v. Perales, 402 U.S. 389, 401 (1971) (quotations omitted). Though the evidence in the record may support multiple conclusions, the court will still uphold the ALJ's findings "if a reasonable mind, reviewing the evidence in the record as a whole, could accept it as adequate to support his conclusion." Irlanda Ortiz v. Sec'y of Health & Human Servs., 955 F.2d 765, 769 (1st Cir. 1991). The court therefore "must uphold a denial of social security . . . benefits unless `the [Acting Commissioner] has committed a legal or factual error in evaluating a particular claim.'" Manso-Pizarro v. Sec'y of Health and Human Servs., 76 F.3d 15, 16 (1st Cir. 1996) (per curiam) (quoting Sullivan v. Hudson, 490 U.S. 877, 885 (1989)).
The ALJ invoked the requisite five-step sequential evaluation process in assessing Wylder's request for disability and disability insurance benefits.
At the third step, the ALJ found that Wylder's severe impairments did not meet or "medically equal" the severity of one of the impairments listed in the Social Security regulations.
Finding that, even limited in this manner, Wylder was able to perform jobs that exist in significant numbers in the national economy,
Wylder argues that the ALJ's RFC determination with respect to her mental limitations
Importantly, Wylder does not contest the weight that the ALJ afforded to Dr. Prescott's opinion. Her sole complaint is that the ALJ crafted an RFC that did not account for these three observations.
The ALJ did not err. He clearly considered Dr. Prescott's March 2016 opinion.
And, contrary to Wylder's assertion, the RFC crafted by the ALJ appears to reflect all three of Dr. Prescott's conclusions. First, Dr. Prescott opined that Wylder "does not appear typically able to be around unfamiliar or too many others without considerable distress."
This is a straightforward case wherein the evidence in the record could, theoretically, support conclusions different from those drawn by the ALJ. Wylder has not shown, however, that the ALJ failed to account for the evidence or that, even if he had, those three statements would compel a different RFC. Even were that the case, the court would still uphold the ALJ's findings "if a reasonable mind, reviewing the evidence in the record as a whole, could accept it as adequate to support his conclusion." Irlanda Ortiz, 955 F.2d at 769 (1st Cir. 1991). Here, it could.
For these reasons, the Acting Commissioner's motion to affirm