T. LANE WILSON, Magistrate Judge.
Plaintiff Judy Taylor seeks judicial review of a decision by the Commissioner of the Social Security Administration denying her claim for disability insurance benefits under Title II of the Social Security Act ("SSA") for a period beginning July 15, 2009. In accordance with 28 U.S.C. § 636(c)(1) & (3), the parties have consented to proceed before a United States Magistrate Judge. (Dkt. 10). Any appeal of this decision will be directly to the Tenth Circuit Court of Appeals.
On appeal, plaintiff contends that the ALJ erred in three ways: (1) by failing to include all work-related limitations in the RFC; (2) by failing to properly address non-severe impairments; and (3) by failing to perform a function-by-function assessment. (Dkt. 16).
When reviewing a decision by the Commissioner, this Court is limited to determining whether the Administrative Law Judge ("ALJ") has applied the correct legal standards and whether substantial evidence supports the decision.
Plaintiff first makes a blanket assertion that "the ALJ never undertook any analysis of what proper and actual `limitations' the severe impairments might impose upon RFC . . . ." (Dkt. 15 at 3). She goes on to allege that the ALJ "fail[ed] to include any limitation whatsoever in his RFC . . . ."
Plaintiff next alleges that her severe seizure impairment was not properly addressed. First, she argues the ALJ considered only seizure precautions, rather than accommodations
Next, plaintiff argues that the ALJ cherry-picked the record by failing to specifically address one instance where she suffered seizures while medication compliant. (Dkt. 15 at 5). However, the ALJ considered the disputed evidence: he wrote that "[the] evidence shows that in
Plaintiff additionally argues that the ALJ "confused mental work-related limitations with skill level when he expressed it as the ability to perform simple work (unskilled or semi-skilled)." (Dkt. 15 at 6). Relying on a 2012 Tenth Circuit case, plaintiff argues that "a limitation of skill level (to simple work) just accounts for issues of skill transfer, not impairment of mental functions . . . ."
Plaintiff next alleges that a number of non-severe impairments, such as headaches, disc fusion at C5-C6, and degenerative disc disease, were not included in the RFC. (Dkt. 15 at 9). Plaintiff's argument fails on two grounds. First, she fails to properly develop her argument. Second, the ALJ identified six severe impairments at step three,
Finally, plaintiff argues that the ALJ erred in the function-by-function analysis required by SSR 96-8p. She argues, "[w]hile the ALJ generically discussed evidence in connection with his RFC, it is unclear what particular evidence and medical findings he relied on to support each of his findings in the RFC." (Dkt. 15 at 10). However, while the Ruling requires an RFC assessment of a claimant's "work-related abilities on a function-by-function basis," such assessment need only include a narrative discussion and does not require an itemization of each function. SSR 96-8p, 1996 WL 374184, at *7. The ALJ provided a narrative discussion of the evidence, plaintiff's daily living and functioning, and the medical opinions in the record. (R. 15-20). When, as here, the Court can follow the ALJ's reasoning, "merely technical omissions in the ALJ's reasoning do not dictate reversal. In conducting our review, we should, indeed must, exercise common sense. The more comprehensive the ALJ's explanation, the easier our task; but we cannot insist on technical perfection."
For these reasons, the ALJ's decision finding plaintiff not disabled is
SO ORDERED.