GREG WHITE, Magistrate Judge.
Plaintiff Tyesha Gonzalez ("Gonzalez") challenges the final decision of the Acting Commissioner of Social Security, Carolyn W. Colvin ("Commissioner"), denying Gonzalez's claim for Supplemental Security Income ("SSI") under Title(s) XVI of the Social Security Act ("Act"), 42 U.S.C. § 1381 et seq. This matter is before the Court pursuant to 42 U.S.C. § 405(g) and the consent of the parties entered under the authority of 28 U.S.C. § 636(c)(2).
For the reasons set forth below, the final decision of the Commissioner is VACATED and the case is REMANDED for further proceedings consistent with this opinion.
On March 30, 2009, Gonzalez filed an application for SSI alleging a disability onset date of February 20, 2006. Her application was denied both initially and upon reconsideration. Gonzalez timely requested an administrative hearing. (Tr. 18.)
On December 14, 2012, an Administrative Law Judge ("ALJ") held a hearing during which Gonzalez, represented by counsel, and an impartial vocational expert ("VE") testified. (Tr. 18.) On January 17, 2013, the ALJ found Gonzalez was able to perform a significant number of jobs in the national economy and, therefore, was not disabled. (Tr. 24A-24B.) The ALJ's decision became final when the Appeals Council denied further review.
Age thirty-five (35) at the time of her administrative hearing, Gonzalez is a "younger" person under social security regulations. See 20 C.F.R. § 416.963(c). (Tr. 24A.) Gonzalez has a limited education and no past relevant work. Id.
A disabled claimant may also be entitled to receive SSI benefits. 20 C.F.R. § 416.905; Kirk v. Sec'y of Health & Human Servs., 667 F.2d 524 (6
The ALJ found Gonzalez established medically determinable, severe impairments, due to affective disorder and limited vision of the left eye; however, her impairments, either singularly or in combination, did not meet or equal one listed in 20 C.F.R. Pt. 404, Subpt. P, App. 1. (Tr. 20-21.) Gonzalez was determined to have a Residual Functional Capacity ("RFC") for a full range of work at all exertional levels with a number of non-exertional limitations. (Tr. 22.) The ALJ then used the Medical Vocational Guidelines ("the grid") as a framework and VE testimony to determine that Gonzalez was not disabled. (Tr. 24A-24B.)
This Court's review is limited to determining whether there is substantial evidence in the record to support the ALJ's findings of fact and whether the correct legal standards were applied. See Elam v. Comm'r of Soc. Sec., 348 F.3d 124, 125 (6
The findings of the Commissioner are not subject to reversal merely because there exists in the record substantial evidence to support a different conclusion. Buxton v. Halter, 246 F.3d 762, 772-3 (6
In addition to considering whether the Commissioner's decision was supported by substantial evidence, the Court must determine whether proper legal standards were applied. Failure of the Commissioner to apply the correct legal standards as promulgated by the regulations is grounds for reversal. See, e.g.,White v. Comm'r of Soc. Sec., 572 F.3d 272, 281 (6
Finally, a district court cannot uphold an ALJ's decision, even if there "is enough evidence in the record to support the decision, [where] the reasons given by the trier of fact do not build an accurate and logical bridge between the evidence and the result." Fleischer v. Astrue, 774 F.Supp.2d 875, 877 (N.D. Ohio 2011) (quoting Sarchet v. Chater, 78 F.3d 305, 307 (7
Gonzalez argues that the ALJ violated the treating physician rule by failing to provide reasonably adequate explanations for rejecting the opinions of a treating psychiatrist — Achala Patel, M.D. (ECF No.16 at 18-21.) The Commissioner asserts that the ALJ adequately explained her reasons for discounting Dr. Patel's opinions. (ECF No. 18 at 9-10.)
Under Social Security regulations, the opinion of a treating physician is entitled to controlling weight if such opinion (1) "is well-supported by medically acceptable clinical and laboratory diagnostic techniques" and (2) "is not inconsistent with the other substantial evidence in [the] case record." Meece v. Barnhart, 2006 WL 2271336 at * 4 (6
If the ALJ determines a treating source opinion is not entitled to controlling weight, "the ALJ must provide `good reasons' for discounting [the opinion], reasons that are `sufficiently specific to make clear to any subsequent reviewers the weight the adjudicator gave to the treating source's medical opinion and the reasons for that weight.'" Rogers, 486 F.3d at 242 (quoting Soc. Sec. Ruling 96-2p, 1996 SSR LEXIS 9 at *5). The purpose of this requirement is two-fold. First, a sufficiently clear explanation "`let[s] claimants understand the disposition of their cases,' particularly where a claimant knows that his physician has deemed him disabled and therefore `might be bewildered when told by an administrative bureaucracy that she is not, unless some reason for the agency's decision is supplied.'" Id. (quoting Wilson v. Comm'r of Soc. Sec., 378 F.3d 541, 544 (6
Nevertheless, the opinion of a treating physician must be based on sufficient medical data, and upon detailed clinical and diagnostic test evidence. See Harris v. Heckler, 756 F.2d 431, 435 (6
Gonzalez asserts that the ALJ failed to give appropriate weight to the opinions of Dr. Patel, her treating psychiatrist, specifically opinions she rendered in 2011 and 2012. (ECF No. 16 at 19.) The record contains four statements from Dr. Patel relating to Gonzalez's mental ability to sustain basic work functions.
The first Mental Functional Capacity Assessment is dated April 3, 2007, wherein Dr. Patel opined that Gonzalez was markedly limited in her ability to interact appropriately with the general public and moderately limited in her ability to maintain attention and concentration for extended periods. (Tr. 449.) Dr. Patel found no other significant limitations in the other eighteen categories and opined that Gonzalez was employable. Id.
Over four years later, on May 9, 2011, Dr. Patel completed a second assessment wherein she found that Gonzalez was markedly limited in eight of twenty categories, moderately limited in ten others, and not significantly limited in the remaining two. (Tr. 453.)
On September 29, 2011, Dr. Patel stated that Gonzalez's ability to sustain concentration, persist at tasks, and complete tasks in a timely fashion was poor to fair. (Tr. 299.) She further explained that Gonzalez had low frustration tolerance, difficulty adapting to changes, and difficulty interacting with others. Id.
On February 24, 2012, Karin Biggs, a licensed social worker, and Dr. Patel, as the supervising doctor, completed a medical source statement concerning the nature and severity of Gonzalez's mental impairments. (Tr. 457-58.) Therein, it was indicated that Gonzalez was markedly limited in her ability to interact appropriately with others (e.g., public, supervisors, coworkers) and in her ability to withstand the stresses and pressures of routine simple unskilled work, as well as moderately limited in her ability to maintain attention and concentration for two-hour periods of time. (Tr. 457-58.)
The ALJ addressed Dr. Patel's opinions as follows:
(Tr. 23-24.)
The Commissioner does not challenge Gonzalez's assertion that Dr. Patel qualifies as a treating physician. (ECF No. 18.) The ALJ, therefore, was required to provide good reasons for rejecting the limitations she assessed. Without any meaningful analysis or discussion, the ALJ offered three reasons for effectively rejecting Dr. Patel's May 2011 opinion: (1) it was "in contrast" to a similar report completed by Dr. Patel in 2007; (2) in September 2011, Dr. Patel stated that Gonzalez's concentration was good to fair (Exh. B9F); and, (3) a blanket statement that the record does not support the numerous marked limitations contained in Dr. Patel's May 2011 opinion. (Tr. 23-24.)
The ALJ's primary reason for rejecting the opinions contained in the May 2011 questionnaire completed by Dr. Patel is the inconsistency with an assessment she completed over four years earlier in 2007. The Court finds this conclusion perplexing. It appears to be based on the assumption that an individual's psychological impairments are static in nature, incapable of improving or deteriorating. The Court finds this a dubious assumption, but this Court, like the ALJ, has no medical expertise. ALJs are not medical experts and it is well-established that an ALJ may not substitute personal opinions for those of medical professionals. See, e.g., Meece v. Barnhart, 192 Fed. App'x. 456, 465 (6
As noted by the ALJ, on September 29, 2011, Dr. Patel stated that Gonzalez's concentration was good to fair. On its surface, this statement appears to be somewhat inconsistent with Dr. Patel's May 2011 opinion. However, the May 2011 questionnaire is considerably more detailed. In the broad category of "Sustained Concentration and Persistence," Dr. Patel noted that Gonzalez was moderately limited in her ability to carry out both detailed instructions, as well as short and simple instructions. (Tr. 453.) Dr. Patel also found only moderate limitations in Gonzalez's ability to make simple work related decisions and in her ability to complete a normal workday and workweek without interruptions from psychologically based symptoms. Id. However, Dr. Patel also opined that Gonzalez was markedly limited in her ability to (1) maintain attention and concentration for extended periods; (2) perform activities within a schedule, maintain regular attendance, and be punctual within customary tolerance; and, (3) work in coordination with or proximity to others without being distracted by them. Id. These conclusions are consistent with other portions of the September 29, 2011 opinion cited by the ALJ, which states that Gonzalez's "persistence would be expected to be poor to fair." (Tr. 299.) To the extent the ALJ discredited the more specific opinions in Dr. Patel's May 2011 opinion due to a superficial inconsistency with a more generalized statement made a few months later, the Court finds that "good reason" is lacking under the requirements of the treating physician rule.
The ALJ's final reason for rejecting Dr. Patel's opinion — that it is not supported by the record — is conclusory and devoid of explanation, thereby depriving this Court of the ability to conduct a meaningful review. The ALJ failed to reference specific facts in the record that were ostensibly inconsistent with Dr. Patel's 2011 opinion. Accordingly, this Court cannot accept the ALJ's blanket assertion that Dr. Patel's opinion was not well supported by the record as a whole as a good reason for rejection. Accepting such a general, boilerplate statement, without any explanation, would effectively eviscerate the treating physician rule.
Finally, the Commissioner suggests that Dr. Patel's 2011 opinion was based on Gonzalez's subjective and self-reported complaints. (ECF No. 18 at 9.) The Commissioner further points out that "[i]n the portion of the mental functional capacity assessment form that asked Dr. Patel to describe Plaintiff's medical conditions, Dr. Patel wrote only `irritability, low frustration tolerance, sleeping 15-16 hrs a day.'" (ECF No. 18 at 9, citing Tr. 455.) However, the ALJ did not offer these explanations in his decision. Accordingly, these arguments constitute post hoc rationale that this Court cannot rely on to supplement the reasoning set forth in the ALJ's decision. See, e.g., Bable v. Astrue, 2007 U.S. Dist. LEXIS 83635, 27-28 (N.D. Ohio Oct. 31, 2007) (citing NLRB v. Ky. River Cmty. Care, Inc., 532 U.S. 706, 715, n. 1, 121 S.Ct. 1861, 149 L.Ed.2d 939 (2001)); Sarchet v. Chater, 78 F.3d 305 (7
The Court finds that the ALJ erred by failing to give good reasons for rejecting the limitations assessed by Dr. Patel. As such, in the interests of judicial economy, the Court declines to address Gonzalez's remaining assignments of error. Nonetheless, as the Commissioner has not argued that the medical records, which Gonzalez references in her first assignment of error, were improperly submitted, the ALJ should consider those records as well.
For the foregoing reasons, the Court finds the decision of the Commissioner not supported by substantial evidence. Accordingly, the decision is VACATED and the case is REMANDED, pursuant to 42 U.S.C. § 405(g) sentence four, for further proceedings consistent with this opinion.
IT IS SO ORDERED.