CHARLES B. GOODWIN, Magistrate Judge.
Plaintiff Jennifer Carpenter brings this action pursuant to 42 U.S.C. § 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration ("SSA") denying Plaintiff's applications for disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. §§ 401-434. The parties have consented to the jurisdiction of a United States Magistrate Judge. Upon review of the administrative record (Doc. No. 9, hereinafter "R. _"), and the arguments and authorities submitted by the parties, the Court affirms the Commissioner's decision.
Plaintiff protectively filed her application for DIB on June 30, 2014, alleging a disability onset date of April 10, 2013. R. 10, 179-80. Following denial of Plaintiff's application initially and on reconsideration, a hearing was held before an Administrative Law Judge ("ALJ") on November 10, 2015. R. 27-67, 95-98, 100-02. The ALJ issued an unfavorable decision on January 21, 2016. R. 10-23. The SSA Appeals Council denied Plaintiff's request for review, making the ALJ's unfavorable decision the final decision of the Commissioner. R. 1-3; see also 20 C.F.R. § 404.981. This action for judicial review followed.
As relevant here, the Commissioner uses a five-step sequential evaluation process to determine eligibility for disability benefits. Wall v. Astrue, 561 F.3d 1048, 1052 (10th Cir. 2009); 20 C.F.R. § 404.1520, .1520(a)(4). At step one, the ALJ found that Plaintiff had not engaged in substantial gainful activity since April 10, 2013, the alleged onset date. R. 12. At step two, the ALJ determined that Plaintiff had the severe impairments of degenerative disc disease, obesity, depressive disorder, and anxiety disorder. R. 12-13. At step three, the ALJ determined that Plaintiff's impairments did not meet or equal any of the presumptively disabling impairments listed in 20 C.F.R. Part 404, Subpart P, Appendix 1. R. 13-15.
The ALJ next assessed Plaintiff's residual functional capacity ("RFC") based on all of her impairments. R. 15-22. The ALJ found that Plaintiff had the RFC to perform sedentary work subject to the additional limitations that Plaintiff:
R. 15; see 20 C.F.R. § 404.1567(a) (defining "sedentary work"). At step four, the ALJ found that Plaintiff was unable to perform any past relevant work and that transferability of job skills was not a material issue. R. 22.
At step five, the ALJ considered whether there are jobs existing in significant numbers in the national economy that Plaintiff—in view of her age, education, work experience, and RFC—could perform. Taking into consideration the hearing testimony of a vocational expert regarding the degree of erosion to the unskilled sedentary occupational base caused by Plaintiff's additional limitations, the ALJ concluded that Plaintiff could perform occupations such as addresser, sorter, and touch-up screener, all of which offer jobs that exist in significant numbers in the national economy. R. 22-23. On this basis, the ALJ concluded that Plaintiff had not been under a disability, as defined in the Social Security Act, from April 10, 2013, through the date of the decision. R. 23.
Judicial review of the Commissioner's final decision is limited to determining whether factual findings are supported by substantial evidence in the record as a whole and whether correct legal standards were applied. Poppa v. Astrue, 569 F.3d 1167, 1169 (10th Cir. 2009). "Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Doyal v. Barnhart, 331 F.3d 758, 760 (10th Cir. 2003) (internal quotation marks omitted). "A decision is not based on substantial evidence if it is overwhelmed by other evidence in the record or if there is a mere scintilla of evidence supporting it." Branum v. Barnhart, 385 F.3d 1268, 1270 (10th Cir. 2004) (internal quotation marks omitted). The court "meticulously examine[s] the record as a whole," including any evidence "that may undercut or detract from the ALJ's findings," "to determine if the substantiality test has been met." Wall, 561 F.3d at 1052 (internal quotation marks omitted). While a reviewing court considers whether the Commissioner followed applicable rules of law in weighing particular types of evidence in disability cases, the court does not reweigh the evidence or substitute its own judgment for that of the Commissioner. Bowman v. Astrue, 511 F.3d 1270, 1272 (10th Cir. 2008).
In this action, Plaintiff presents two claims of error: (1) the ALJ erred by "cherrypick[ing]" portions of the consultative examiner's opinion, and (2) the ALJ erred in his evaluation of the opinions of the state agency psychologists. See Pl.'s Br. (Doc. No. 11) at 2-4.
Plaintiff first argues that the ALJ improperly relied on one statement in a medical opinion while ignoring another statement. See Pl.'s Br. at 2-4. On September 4, 2014, Stephanie Crall, PhD, conducted a consultative examination of Plaintiff and issued a report in which she provided the following general impressions:
R. 370. In discussing Dr. Crall's report, the ALJ stated as follows:
R. 21. Plaintiff argues that it was improper for the ALJ to accept the portion of Dr. Crall's report regarding Plaintiff's ability carry out simple and some complex tasks, while rejecting the portion regarding Plaintiff's ability to adapt to a competitive work environment. Pl.'s Br. at 3-4.
Plaintiff is correct that an "ALJ may not pick and choose which aspects of an uncontradicted medical opinion to believe, relying on only those parts favorable to a finding of nondisability." Hamlin v. Barnhart, 365 F.3d 1208, 1219 (10th Cir. 2004). Here, however, Dr. Crall's opinion was not uncontradicted. As the ALJ noted, when assessing Plaintiff's RFC, both state agency psychologists found that Plaintiff "can . . . adapt to a work situation." R. 21; see also R. 76, 90. Thus, this is not a situation where the ALJ was reviewing an uncontested medical opinion; instead the ALJ was faced with conflicting medical opinions regarding Plaintiff's adaptability.
Contrary to Plaintiff's argument, it is not error in and of itself for an ALJ to agree with a portion of a medical opinion and disagree with another portion. See Pl.'s Br. at 3-4. Rather, if an ALJ determines that one part of a medical opinion is acceptable while another part is not, the ALJ must explain why. See Chapo v. Astrue, 682 F.3d 1285, 1292 (10th Cir. 2012) (finding error when the ALJ gave "no explanation at all as to why one part of [the medical] opinion was creditable and the rest was not"). Here, the ALJ did not ignore Dr. Crall's opinion about Plaintiff's adaptability or fail to explain why he discounted that portion of the opinion while accepting another portion. Cf. Hamlin, 365 F.3d at 1217 (stating that an ALJ must discuss significantly probative evidence he rejects); Hardman v. Barnhart, 362 F.3d 676, 681 (10th Cir. 2004) (finding it improper for an ALJ to ignore medical evidence that could support a finding of disability).
Having previously determined that Plaintiff's "statements concerning the intensity, persistence and limiting effects of [her] symptoms are not entirely credible," the ALJ explained that he discounted Dr. Crall's opinion about Plaintiff's adaptability because the opinion was based on Plaintiff's subjective statements. See R. 20, 21; see also Flaherty v. Astrue, 515 F.3d 1067, 1070 (10th Cir. 2008) (finding ALJ reasonably discounted consultative examiner's opinion when physician did not have a treating relationship with the claimant, his opinion was based on a single, subjective report by the claimant, and his opinion was not supported by the evidence of record); Hackett v. Barnhart, 395 F.3d 1168, 1174 (10th Cir. 2005) (concluding that "the ALJ was free to reject" a treating psychologist's medical opinion where the ALJ explained that the opinion "appeared to be based on subjective complaints and isolated instances rather than objective findings" and "contradicted the opinions" of two other treating sources (internal quotation marks omitted)).
Plaintiff also contests the ALJ's statement that he gave great weight to the opinions of consulting psychologists because they were "consistent with the serial mental status findings, treating medical records, function reports, objective medical evidence, and the overall longitudinal record in its entirety." Pl.'s Br. at 4; R. 21. Plaintiff argues that this statement is "flawed" and "unreliable" because, contrary to the ALJ's assertion, the consulting psychologists' opinions conflict with Dr. Crall's opinion and the function reports submitted by Plaintiff and her mother. Pl.'s Br. at 4.
Plaintiff does not identify which aspects of the function reports she believes are inconsistent with the consulting psychologists' findings. Though Plaintiff contends that the function report submitted by Plaintiff, see R. 196-203 (Exhibit 4E), "paint[s] nothing but a picture of disability," the ALJ relied on this report to find that Plaintiff's "activities are not consistent with the extent of [her] allegedly disabling impairments." Pl.'s Br. at 4; R. 20 (citing Exhibits 2E, 4E, and 4F). Specifically, the ALJ stated:
R. 20; see also R. 14 (discussing Plaintiff's function report at step 3 of the sequential analysis). The ALJ's statement regarding the consulting psychologists' opinions does not contradict his assessment of the function reports. Plaintiff does not directly challenge such analysis. See Pl.'s Br. at 2-4.
Moreover, the ALJ's statement, viewed in light of his decision as a whole, addresses the consistency of the consulting psychologists' opinions with the record upon disregarding those portions expressly rejected by the ALJ—and it is correct when read in that context. See Keyes-Zachary v. Astrue, 695 F.3d 1156, 1167 (10th Cir. 2012) ("[C]ommon sense, not technical perfection, is our guide."). Elsewhere in his decision, the ALJ explained his reasons for not accepting a portion of Dr. Crall's opinion. See R. 20, 21. Plaintiff's challenge to the weight given Dr. Crall's opinion is discussed (and rejected) above. Similarly, the ALJ explained his reasons for discounting Plaintiff's subjective statements and statements made by Plaintiff's mother in the third-party adult function report. See R. 20, 21. Plaintiff does not dispute the ALJ's findings regarding Plaintiff's credibility or the ALJ's assessment of Plaintiff's mother's statements.
Finally, even if the Court assumed that Plaintiff is correct that these reasons for affording the consulting psychologists' opinions great weight were flawed, Plaintiff does not address the adequacy of the ALJ's additional rationales—namely, the consistency of the opinions with the "treating medical records" and the "objective medical evidence." R. 21. Plaintiff, thus, has not shown that the ALJ's decision to give the consulting psychologists' opinions great weight was unsupported by substantial evidence.
Accordingly, the Court finds no reversible error in the ALJ's statement regarding the weight given to the state agency psychologists.
Based on the foregoing analysis, the decision of the Commissioner is AFFIRMED in accordance with sentence four of 42 U.S.C. § 405(g). Judgment will issue accordingly.
IT IS SO ORDERED.