MADELINE COX ARLEO, District Judge.
Before this Court is Plaintiff Irene Pickerin's ("Plaintiff") request for review, pursuant to 42 U.S.C. §§ 1383(c)(3) and 405(g), of the Commissioner of Social Security Administration's ("Commissioner") denial of disability insurance benefits ("DIB") to Plaintiff. Plaintiff argues that the Commissioner's decision is not supported by substantial evidence because the administrative law judge ("ALJ"): (1) failed to consult a vocational expert ("VE") and unreasonably cited to SSR 85-15 at step five; and (2) incorrectly assessed the Plaintiff's residual functional capacity ("RFC"). For the reasons set forth in this Opinion, the Court finds that the Commissioner's decision must be
This Court has jurisdiction to review the Commissioner's decision under 42 U.S.C. § 405(g). This Court must affirm the Commissioner's decision if there exists substantial evidence to support the decision. 42 U.S.C. § 405(g);
In order to determine whether a claimant is disabled, the Commissioner must apply a fivestep test. 20 C.F.R. § 404.1520(a)(4). First, it must be determined whether the claimant is currently engaging in "substantial gainful activity." 20 C.F.R. § 404.1520(a)(4)(i). "Substantial gainful activity" is defined as work activity, both physical and mental, that is typically performed for either profit or pay. 20 C.F.R. § 404.1572. If it is found that the claimant is engaged in substantial gainful activity, then he or she is not disabled and the inquiry ends.
At the third step, the Commissioner must determine whether there is sufficient evidence showing that the claimant suffers from a listed impairment. 20 C.F.R. § 404.1520(a)(4)(iii). If so, a disability is conclusively established and the claimant is entitled to benefits.
This case arises out of Plaintiff's November 12, 2007 application for disability insurance benefits. Tr. 186-88, 204. Her application was denied initially on January 26, 2008 and on reconsideration on March 26, 2010. Tr. 77-79, 82-85. Plaintiff then requested an administrative hearing to review the application. Tr. 86-87. A hearing was held before ALJ Leonard Olarsch on July 14, 2011, and the ALJ dismissed the DIB claim on November 21, 2011, based on the doctrine of administrative res judicata. Tr. 62-69. Plaintiff sought review by the Appeals Council. Tr. 86-87. The Appeals Council, on August 2, 2012, remanded the claim to the ALJ for a more thorough analysis of, among other things, whether res judicata applied to Plaintiff's claim. Tr. 70-76. The ALJ held another administrative hearing on December 20, 2012. Tr. 37-55. The ALJ issued a decision on January 22, 2013 and determined that Plaintiff did not meet the definition of disability during the relevant period. Tr. 10-21. Plaintiff again sought Appeals Council review, but the request was denied on July 31, 2014. Tr. 1-6. This appeal followed.
Plaintiff was born in 1967. Tr. 186. She was twenty-nine on the alleged disability onset date of August 28, 1996, and she was thirty-four years old on the date last insured ("DLI") of September 30, 2001. Tr. 17, 39, 204. Plaintiff previously worked as a nurse. Tr. 16, 28, 200. Plaintiff also worked at K-Mart below the substantial gainful activity ("SGA") level during the relevant period. Tr. 12, 192, 233.
On November 21, 1996, Plaintiff visited Noah R. Gilson, M.D., and complained of recurring severe headaches with associated dizziness, in addition to one seizure that had occurred approximately two months earlier, after she stayed up for the majority of the night with her baby. Tr. 352. She indicated that she did not go to the hospital after this seizure and had not had a seizure prior or subsequent to the initial one.
Dr. Gilson observed that Plaintiff was awake, alert, and fully oriented, and she had no deficits in her cranial nerves.
On December 2, 1996, Dr. Gilson noted that Plaintiff had a "completely abnormal" MRI. Tr. 355. This was consistent with her neurologic abnormalities and seizure disorder.
On January 2, 1997, Plaintiff saw Dr. Gilson and complained of "strange" headaches. Tr. 360. The Depakote prescription had been increased by another doctor, but Plaintiff soon returned to the original dosage because it caused her too much fatigue.
On January 7, 1997, Plaintiff complained to Dr. Gilson that she was having severe headaches. Tr. 361. Dr. Gilson prescribed Tylenol and told her to take it along with Repan.
In his January 22, 2013 decision, the ALJ employed the five-step sequential disability evaluation. Tr. 10-21. At the first step, the ALJ determined that Plaintiff did not perform SGA during the relevant period. Tr. 12. The ALJ noted, however, that Plaintiff worked under the SGA level at K-Mart in 2000. Tr. 12, 192, 233. At step two, the ALJ identified Plaintiff's seizure disorder as a severe impairment that caused significant limitations on Plaintiff's ability to perform basic work activities. Tr. 12. At step three, the ALJ concluded that Plaintiff did not have an impairment or combination of impairments that met or medically equaled the severity of an impairment contained in the Listings.
As for Plaintiff's RFC under step four, the ALJ found that through her date last insured, Plaintiff retained the ability to perform light work that involved no exposure to heights or hazards. Tr. 13. The ALJ further determined that Plaintiff was unable to perform any past relevant work. Tr. 16. At step five, the ALJ found that Plaintiff could perform other jobs that existed in significant numbers in the national economy. Tr. 16-17. Specifically, the ALJ noted that although Plaintiff did not have the RFC to perform the full range of light work, her non-exertional limitations (i.e., no exposure to heights or hazards) had "little or no effect on the occupational base of unskilled light work," based upon SSR 85-15. Tr. 17. The ALJ then applied the framework of Rule 202.21 of the Medical-Vocational Guidelines ("Grids") to find that Plaintiff was "not disabled."
Plaintiff alleges that the Commissioner's decision was not supported by substantial evidence because the opinion: (1) failed to consult a vocational expert ("VE") and unreasonably cited to SSR 85-15 at step five; and (2) incorrectly assessed the Plaintiff's residual functional capacity ("RFC"). The Court disagrees and finds that the ALJ's findings are supported by substantial evidence.
Plaintiff first contends that remand is necessary based on the ALJ's failure to consult a vocational expert at step five. The Court disagrees.
The government bears the burden to show that jobs exist in the national economy that Plaintiff could perform, given her limitations. 20 C.F.R. §§ 404.1520(a)(4)(iii)-(v). This burden is routinely satisfied through use of a VE. However, other methods exist to meet this burden. Where a claimant has only exertional limitations, use of the Grids
Here, the ALJ determined that Plaintiff's non-exertional limitations (no exposure to heights or hazards) would have no significant effect on work available in the national economy. Tr. 17. In support of this finding, the ALJ specifically cited to SSR 85-15.
Next, the ALJ applied the Grids. Because Plaintiff's non-exertional limitations had no impact on the occupational base of unskilled light work, § 202.21 of the Grids mandated a finding of "not disabled" based upon Plaintiff's age, education, and work experience. Tr. 17. This finding was supported by substantial evidence.
Plaintiff also contends that remand is necessary based on the ALJ's failure to properly assess Plaintiff's RFC. The Court disagrees.
When the ALJ is making an RFC determination, a two-step process is followed. See 20 C.F.R. § 404.1529; SSR 96-7P. The first step is to determine whether there is an underlying medically determinable physical or mental impairment(s) that could reasonably be expected to produce the claimant's pain or other symptoms. SSR 96-7P. The second step is to evaluate the intensity, persistence, and limiting effects of the claimant's symptoms to determine the extent to which they limit the claimant's ability to do basic work activities.
Plaintiff does not provide any substantive support for her challenge to the ALJ's assessment that Plaintiff had the RFC to perform light work, with no exposure to heights or hazards. As an initial matter, Plaintiff does not offer any specific limitations that the ALJ should have included in the RFC assessment. Moreover, as was the case before the ALJ, virtually all of the medical evidence cited by Plaintiff significantly postdates when Plaintiff was last insured.
For the foregoing reasons, the Commissioner's decision is