ANN AIKEN, Chief District Judge.
Plaintiff Jessica Harms brings this action pursuant to the Social Security Act ("Act") to obtain judicial review of a final decision of the Commissioner of Social Security ("Commissioner"). The Commissioner denied plaintiff's application for Title XVI supplemental security income ("SSI"). For the reasons set forth below, the Commissioner's decision is affirmed and this case is dismissed.
In November 2011, plaintiff protectively applied for SSI. Tr. 12, 194-97. Her application was denied initially and upon reconsideration. Tr. 12, 126-30, 134-36. On November 16, 2012, a hearing was held before an Administrative Law Judge ("ALJ"), wherein plaintiff was represented by counsel and testified, as did a vocational expert ("VE"). Tr. 12, 79-102. On May 14, 2013, a supplemental hearing was held before a different ALJ, wherein plaintiff was again represented by counsel and testified, as did a VE and medical expert ("ME"). Tr. 24-78. On May 30, 2013, the ALJ issued a decision finding plaintiff not disabled within the meaning of the Act. Tr. 12-19. After the Appeals Council denied her request for review, plaintiff filed a complaint in this Court. Tr. 1-3.
Born on January 16, 1990, plaintiff was 17 years old on the alleged onset date of disability and 23 years old at the time of the second hearing. Tr. 52, 97, 215. Plaintiff dropped out of high school during her senior year but later earned a GED. Tr. 581. She attended community college and a culinary arts school for a "short amount of time." Tr. 68, 581. She previously worked as a retail associate, cleaner, and telemarketer. Tr. 92, 236, 581. Plaintiff alleges disability as of July 15, 2007, due to anxiety, bi-polar disorder, mood disorder, and depression. Tr. 54, 91, 334, 584-85.
The court must affirm the Commissioner's decision if it is based on proper legal standards and the findings are supported by substantial evidence in the record.
The initial burden of proof rests upon the claimant to establish disability.
The Commissioner has established a five-step sequential process for determining whether a person is disabled.
At step two, the Commissioner evaluates whether the claimant has a "medically severe impairment or combination of impairments."
At step three, the Commissioner determines whether the claimant's impairments, either singly or in combination, meet or equal "one of a number of listed impairments that the [Commissioner] acknowledges are so severe as to preclude substantial gainful activity."
At step four, the Commissioner resolves whether the claimant can still perform "past relevant work." 20 C.F.R. § 416.920(4) (iv). If the claimant can work, she is not disabled; if she cannot perform past relevant work, the burden shifts to the Commissioner. At step five, the Commissioner must establish that the claimant can perform other work existing in significant numbers in the national and local economy.
At step one of the five-step sequential evaluation process outlined above, the ALJ found that plaintiff had not engaged in substantial gainful activity since the alleged onset date. Tr. 14. At step two, the ALJ determined that plaintiff had the following severe impairments: post traumatic stress disorder, anxiety disorder, personality disorder, and history of substance abuse.
Because she did not establish presumptive disability at step three, the ALJ continued to evaluate how plaintiff's impairments affected her ability to work. The ALJ resolved that plaintiff had the residual functional capacity ("RFC") to "perform a full range of work at all exertional levels," but with the following non-exertional limitations: only tasks involving "simple instructions," "no contact with the general public," "no more than superficial contact with co-workers," and "no more than occasional contact with supervisors." Tr. 15.
At step four, the ALJ found that plaintiff had "no past relevant work." Tr. 18. At step five, the ALJ determined that plaintiff could perform jobs existing in significant numbers in the national and local economy despite her impairments, such as janitor, auto detailer, and budder. Tr. 18-19. As such, the ALJ concluded that plaintiff was not disabled under the Act. Tr. 19.
Plaintiff argues that the ALJ erred by: (1) finding her not credible; (2) rejecting the lay witness testimony of Cynthia Harms; (3) failing to include all of the limitations assessed by Peter LeBray, Ph.D., and James Bruce, Ph.D., in the RFC; and (4) relying on invalid VE testimony at step five.
Plaintiff asserts that the ALJ failed to articulate a clear and convincing reason, supported by substantial evidence, for rejecting her subjective symptom statements. When a claimant has medically documented impairments that could reasonably be expected to produce some degree of the symptoms complained of, and the record contains no affirmative evidence of malingering, "the ALJ can reject the claimant's testimony about the severity of . . . symptoms only by offering specific, clear and convincing reasons for doing so."
A general assertion that the claimant is not credible is insufficient; the ALJ must "state which testimony is not credible and what evidence suggests the complaints are not credible."
At both hearings, plaintiff testified that she was unable to work because her depression, anxiety, and unpredictable behavior made it "very difficult" to interact appropriately with unfamiliar people and places. Tr. 54, 91. She specified that "issues with supervision and taking criticism" send her "over the edge" and cause her to "lash out in anger" or "walk off the job." Tr. 53, 55, 61, 92. According to plaintiff, she "can't go to new stores [,] buildings," or other unfamiliar places, "let alone [to a] job [where she must] communicate" with unfamiliar people or "confront. . . authority figures." Tr. 54-55. Plaintiff also stated that, when she feels "crunched for time," her anxiety interferes with her ability to concentrate, follow instructions, and complete simple and routine tasks. Tr. 60, 64, 93.
After summarizing her hearing testimony, the ALJ found that plaintiff's medically determinable impairments could reasonably be expected to cause some degree of symptoms, but her statements concerning the extent of these symptoms were not fully credible due to her inconsistent activities of daily living and the lack of corroborating objective medical evidence. Tr. 15-16.
Notably, the ALJ found that plaintiff's credibility was impaired by her daily activities. Tr. 16. Daily activities may serve as a basis for discrediting a claimant where they "are transferable to a work setting" or "contradict claims of a totally debilitating impairment."
Further, the ALJ found that the opinions of Drs. LeBray and Smolen failed to support plaintiff's subjective symptom testimony regarding her ability to focus. Tr. 17-18. Although "testimony cannot be rejected on the sole ground that it is not fully corroborated by objective medical evidence, the medical evidence is still a relevant factor in determining" the claimant's credibility.
Thus, the ALJ provided clear and convincing reasons, supported by substantial evidence, for rejecting plaintiff's subjective symptom testimony. The ALJ's credibility finding is affirmed.
Plaintiff next contends that the ALJ wrongfully rejected the lay testimony of her mother, Ms. Harms. Lay testimony regarding a claimant's symptoms or how an impairment affects the ability to work is competent evidence that an ALJ must take into account.
On December 2, 2011, Ms. Harms completed a Third-Party Adult Function Report, in which she asserted that plaintiff cannot "complete everyday tasks," "work well with others," or "hold a job" because "she is unsafe to herself and to others." Tr. 235. She also reported that plaintiff helps with chores, goes outside, shops independently, text messages, is on the computer "all the time," and can follow written and spoken instructions "if she wants to." Tr. 228-31. In a letter dated February 17, 2013, Ms. Harms reiterated that her daughter is "unsafe" and that she was "fearful" that plaintiff might hurt her or "someone else at any given moment." Tr. 276.
The ALJ gave "only some weight" to Ms. Harms' third-party statements because plaintiff "moved back in with her mother a week before the hearing." Tr. 16. As such, plaintiff is correct that, because not all of the limitations described by Ms. Harms are reflected in the RFC, the ALJ rejected Ms. Harms' testimony without explicitly providing a reason for doing so.
Even assuming, however, that the ALJ erred in this regard, such error was harmless.
Plaintiff argues that the ALJ failed to include all of the limitations assessed by Drs. LeBray and Bruce in the RFC, despite affording weight to their opinions. Specifically, plaintiff contends that the ALJ's RFC is deficient because it "failed to address Dr. LeBray's specific comments regarding the need for a supervisor without a harsh and critical style," and Dr. Bruce's testimony regarding her "need for supportive supervision." Pl.'s Opening Br. 17. To reject the uncontroverted opinion of a treating or examining doctor, the ALJ must present clear and convincing reasons for doing so.
In June 2012, Dr. LeBray conducted a one-time psychological evaluation of plaintiff in conjunction with her application to obtain state-funded vocational and mental health services. Tr. 579-88. Based on a clinical interview, the medical record, and psychological testing, Dr. LeBray diagnosed plaintiff with a mood disorder. Tr. 579-84. He also listed social phobia and cannabis abuse as rule out possibilities. Tr. 584. He concluded that plaintiff had no impairment in her ability to understand, remember, and complete tasks, and only moderate impairment in social functioning. Tr. 585. In the section of the form that solicited "[s]pecific [r]ecommendations [for] [v]ocational [t]raining," Dr. LeBray listed "supportive feedback always (avoid harsh, highly critical style)" and "solitary learning setting[s]." Tr. 587.
The ALJ gave "significant weight" to Dr. LeBray's report. Tr. 18. In the corresponding RFC, the ALJ restricted plaintiff to "simple work with limited social contact (no contact with the general public, no more than superficial contact with co-workers, and no more than occasional contact with supervisors)."
The Court finds that the ALJ adequately accounted for Dr. LeBray's concrete functional limitations in the RFC. Initially, Dr. LeBray's recommendation that plaintiff would benefit from "supportive feedback" is not a work-related limitation of function that must be reflected in the RFC.
In any event, contrary to plaintiff's assertion, the ALJ did not reject certain facets of Dr. LeBray's opinion. "[I]t is the responsibility of the ALJ, not the claimant's physician, to determine [the RFC] and the ALJ's findings of RFC need not correspond precisely to any physician's findings."
Dr. Bruce testified at the second hearing as a ME. Tr. 28-49.
Dr. Bruce stated that, while he never examined or treated plaintiff, he had reviewed the medical evidence and was capable of rendering an opinion. Tr. 29. Dr. Bruce remarked that plaintiff's limitations dated back to July 2007; since then, she had been diagnosed and treated for affective, personality, and anxiety disorders, as well as for substance abuse, although he opined that the evidence did not "particularly support any diagnosis other than borderline personality disorder." Tr. 30, 33, 37. Dr. Bruce indicated that plaintiff's primary functioning issue was with her "ongoing relationships with others." Tr. 42. He testified that plaintiff had "no problem" with activities of daily living and no more than moderate limitation in social functioning or concentration, persistence, and pace. Tr. 35-36. Dr. Bruce therefore concurred with the ALJ's RFC, although he agreed with Dr. Smolen that plaintiff would "not take criticism very well." Tr. 36, 43. He stated that, consistent with Dr. LeBray's report, plaintiff would work best in a setting with a gentle supervisor. Tr. 45, 48-49.
The ALJ gave "significant weight" to Dr. Bruce's testimony. Tr. 17. Here, the ALJ reasonably resolved that restricting plaintiff to simple work with occasional contact with supervisors, no contact with the general public, and only superficial contact with co-workers was sufficient to account for Dr. Bruce's opinion, especially in light of the fact that unskilled "jobs ordinarily involve dealing primarily with objects." SSR 85-15,
Further, as with Dr. LeBray, the Court finds that Dr. Bruce's recommendation that plaintiff would benefit from a gentle supervisor is not a work-related limitation of function that need be reflected in the RFC. Although Dr. Bruce agreed with Dr. LeBray that a gentle supervisor would "certainly [be] advisable," he also stated that he was "not sure how necessary [that] would be." Tr. 45. Dr. Bruce's discussion is clearly phrased in terms of "ideal" working conditions rather than, as plaintiff contends, articulating the most she can do despite her limitations. Tr. 48-49. The ALJ's assessment of the medical opinion evidence is affirmed.
Finally, plaintiff argues the ALJ formulated an incomplete RFC, thereby rendering the VE's testimony invalid, by failing to include: (1) all of the limitations described in her testimony, as well as the testimony of Ms. Harms, Dr. LeBray, and Dr. Bruce; and (2) a limitation to account for her moderate impairment in concentration, persistence, or pace.
As discussed above, the ALJ properly evaluated plaintiff's testimony, Ms. Harms' testimony, and the medical opinions of Drs. LeBray and Bruce. Plaintiff's argument, which is contingent upon a finding of harmful error in regard to the aforementioned issues, is without merit.
"The term `moderate' does not necessarily indicate a degree of limitation that must be expressly reflected in the RFC assessment [since it] does not inherently translate to a concrete functional limitation."
The medical and other evidence of record supports a finding that plaintiff is capable of performing "simple work," with limited social interaction, despite any moderate limitation in concentration, persistence, or pace. As noted above, plaintiff drives everyday, shops independently, and helps with household chores and yard work. Tr. 57, 59. She also reads novels, writes music, visits public places, and spends several hours each day engaging with others in person and over social media sites. Tr. 58-59, 221, 222, 335. Moreover, Dr. Smolen opined that plaintiff was "able to remember and understand with no impairment," "concentrate and attend with mild impairment," and "follow a three step command." Tr. 334. She assessed plaintiff's thought processes as "logical and goal directed," and her immediate and recent memory were fully intact.
In sum, plaintiff's ability to care for her own and other people's daily needs, as well as attend to a variety of tasks and hobbies, reinforces the medical evaluations and the ALJ's RFC.
The Commissioner's decision is AFFIRMED and this case is DISMISSED.
IT IS SO ORDERED.