T. LANE WILSON, Magistrate Judge.
Plaintiff Debra Lynn Henson seeks judicial review of the decision of the Commissioner of the Social Security Administration denying her claim for disability insurance benefits under Title II of the Social Security Act ("SSA"), 42 U.S.C. §§ 416(i), 423. In accordance with 28 U.S.C. § 636(c)(1) & (3), and Fed. R. Civ. P. 73, the parties have consented to proceed before a United States Magistrate Judge. (Dkt. 9). Any appeal of this decision will be directly to the Tenth Circuit Court of Appeals.
In reviewing a decision of the Commissioner, the Court is limited to determining whether the Commissioner has applied the correct legal standards and whether the decision is supported by substantial evidence.
Plaintiff, then a forty-eight year old female, completed her application for Title II benefits on February 15, 2011. (R. 115-16). Plaintiff initially alleged a disability onset date of September 15, 2010. (R. 115). Plaintiff claimed that she was unable to work due to symptoms and limitations associated with osteoarthritis; rheumatoid arthritis; degenerative disc disease at C4-C7 and L4-L7; "possible glaucoma"; "possible lumbar sacral stenosis"; bilateral heel spurs; hammer toe deformities; and "S/P knee surgery (L) times 2." (R. 135). Plaintiff's claims for benefits were denied initially on June 23, 2011, and on reconsideration on August 19, 2011. (R. 58, 61-65, 59, 68-70). Plaintiff requested a hearing before an administrative law judge ("ALJ"), and the ALJ held the hearing on October 19, 2012. (R. 30-56). The ALJ issued a decision on November 16, 2012, denying benefits and finding plaintiff not disabled. (R. 8-29). The Appeals Council denied review, and plaintiff appealed. (R. 1-5; dkt. 2).
The ALJ found that plaintiff was insured for Title II benefits through December 31, 2014. (R. 13). Plaintiff had not performed any substantial gainful activity since her alleged onset date of September 15, 2010.
At step three, the ALJ determined that plaintiff's impairments did not meet or equal a listed impairment. (R. 15-16). Therefore, after reviewing plaintiff's testimony, the medical evidence, and other evidence in the record, the ALJ concluded that plaintiff retained the RFC to:
(R. 16). At step four, the ALJ found that plaintiff was capable of performing her past relevant work as a medical receptionist and a secretary, and that the demands of both jobs did not exceed her RFC. (R. 21). Alternatively, at step five, the ALJ determined that plaintiff could perform the representative jobs of cashier II (unskilled, light, SVP 2); office helper (unskilled, light, SVP 2); and cafeteria helper (unskilled, light, SVP 2). (R. 21-22). Because he found that plaintiff could return to her past relevant work, the ALJ determined that she was not disabled. (R. 23).
On appeal, plaintiff raises a single issue of error: that the ALJ failed to properly consider the treating physician opinion of Dr. Studdard. (Dkt. 15).
The record shows that Daniel M. Studdard, D.O. of Warren Clinic was plaintiff's treating physician from March 2006 to September 2012. (R. 187-90, 191-221, 222-25, 228-71, 272-74, 275-99, 300-04, 315-18, 336, 339-42, 359-65, 366-70, 373-96, 397-401, 402-07, 408-10, 411-14, 415-20, 421-31). During that time, Dr. Studdard treated plaintiff and referred her to many specialists to address a number of complaints.
The ALJ's weight discussion of Dr. Studdard's opinion follows:
(R. 20). Plaintiff argues that after the ALJ decided that Dr. Studdard's opinion was not entitled to controlling weight, he failed to assign and explain what lesser weight Dr. Studdard's opinion was given, and also failed to explain how Dr. Studdard's medical opinion was inconsistent with the overall record. (Dkt. 15). The Commissioner initially responds to plaintiff's argument by advocating that the ALJ properly discounted plaintiff's credibility. (Dkt. 18 at 4-8). The Commissioner then addresses plaintiff's actual allegation of error by arguing that the ALJ provided sound reasoning for not affording controlling weight to Dr. Studdard's opinion. The Commissioner then attempts to create a link between the ALJ's conclusion and other conflicting evidence of record. (Dkt. 18 at 8-9). No such link is provided by the ALJ.
Ordinarily, a treating physician's opinion is entitled to controlling weight when it is "well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in [the] case record." 20 C.F.R. § 404.1527(d)(2);
Here, the ALJ misrepresented plaintiff's treatment relationship with Dr. Studdard. He erroneously stated that plaintiff began treatment with Dr. Studdard in 2012, when the record clearly shows years of treatment and referrals by Dr. Studdard. In addition, the ALJ erroneously noted that Dr. Studdard completed his opinion with "no indication that [he] had reviewed any other medical records of the claimant." (R. 20). Finally, although the Commissioner may be correct about why the ALJ rejected Dr. Studdard's opinion, nowhere does the ALJ explain his reasoning in sufficient detail that it can be followed.
For the reasons set forth above, the Court remands this case to the Commissioner for the ALJ to perform a proper analysis of Dr. Studdard's treating physician opinion.
For the foregoing reasons, the ALJ's decision finding plaintiff not disabled is
SO ORDERED.