THOMAS M. COFFIN, Magistrate Judge.
Plaintiff brings this action pursuant to the Social Security Act, 42 U.S.C. § 405(g) to obtain judicial review of the Commissioner's decision denying her applications for disability insurance benefits (DIB) and Supplemental Security Income (SSI) under the Act. Upon review of the record and the parties' submissions, the decision of the Commissioner is affirmed and this case is dismissed.
On October 1, 2010, plaintiff protectively filed a DIB application, as well as an SSI application. Tr. 203-14. She alleged disability beginning September 24, 2008, due to "back problems, cysts, bipolar, ankle problem, and carpal tunnel." Tr. 271. After plaintiff's application was denied initially and on reconsideration, she requested a hearing before an administrative law judge (ALJ). Tr. 130-37, 144. On August 23, 2012, plaintiff appeared and testified at the hearing — represented by counsel — as did vocational expert (VE), Nancy E. Bloom. Tr. 46-68. On September 25, 2012, the ALJ found plaintiff not disabled at any time from September 24, 2008 through September 25, 2012. Tr. 23-34. The Appeals Council denied plaintiff's request for review. Tr. 1-3. Subsequently, plaintiff filed a complaint in this court.
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.
Plaintiff argues that the ALJ erred by failing to: 1) offer specific, clear and convincing reasons for discrediting her symptom testimony; 2) properly assess lay witness testimony; and 3) incorporate her bladder functioning into the Residual Functional Capacity (RFC) determination. Pl.'s Br. 16-27.
Plaintiff argues that the ALJ erred in failing to offer specific, clear and convincing reasons for discrediting her symptom testimony. Pl.'s Br. 16. Plaintiff also claims her activities are much more limited and that the ALJ's credibility analysis is "one-sided." Pl.'s Br. 19.
For example, plaintiff testified she has difficulty reaching overhead because her right shoulder has no cartilage. Tr. 53. Plaintiff also claims she has arthritis in her hips and can stand and sit for only fifteen minutes each. Tr. 54, 63-64. Plaintiff stated that she takes Soma to relax her muscles and Hydrocodone for pain. Tr. 64. Moreover, plaintiff claims she has problems with her bladder requiring her to go the bathroom 5 or 6 times per day, for 15-20 minutes, but is looking into surgical options to improve her lack of retention. Tr. 54-57, 62.
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."
The ALJ may employ ordinary techniques of credibility evaluation, such as the claimant's reputation for lying and prior inconsistent statements concerning the alleged symptoms.
The ALJ concluded plaintiff's statements about her symptoms and limitations were not reliable evidence and he pointed to specific and legitimate evidence in the record for finding plaintiff not credible. Tr. 34-35.
First, the ALJ noted the record reflected plaintiff's drugseeking behavior and her "trumped up complaints in order to get controlled substances." Tr. 34, 1092. Exaggerating complaints of pain in order to receive prescription pain medication is a sufficiently clear and convincing reason to conclude that plaintiff was not credible.
Second, the ALJ found plaintiff's demonstrated activities were inconsistent with her allegations of disability. Tr. 34. When a claimant's daily activities "contradict claims of a totally debilitating impairment," performance of those activities may serve as a basis for discrediting a claimant.
Third, the ALJ noted that plaintiff had received largely routine and conservative treatment for her various complaints. Tr. 34. The ALJ may consider objective medical evidence and the claimant's treatment history, as well as any unexplained failure to seek treatment or follow a prescribed course of treatment.
Fourth, the ALJ also found plaintiff's inconsistent statements weakened her credibility. Tr. 35. Specifically, the ALJ found there was evidence in the record that plaintiff believed she could work despite her impairments. Tr. 35. In June 2009, for example, she reported having several work interviews and that she was going to North Carolina to take care of her two-year-old granddaughter. Tr. 524. She also reported working as a caregiver in March 2012. Tr. 1217.
In sum, the ALJ provided specific, clear and convincing reasons, supported by substantial evidence, for discrediting plaintiff's symptoms testimony. Consequently, the ALJ's credibility finding is affirmed.
Plaintiff also argues that the ALJ failed to properly assess lay witness testimony from Sammy Moore, her boyfriend, and Marvin Rhodes, her father. Pl.'s Br. at 20-22. Specifically, plaintiff claims the ALJ improperly rejected this lay testimony "because of his determination of plaintiff's own credibility, which he stated was not supported by medical evidence in the record." Pl.'s Br. at 21.
Lay witness testimony regarding a claimant's symptoms "is competent evidence that an ALJ must take into account" unless the ALJ "expressly determines to disregard such testimony and gives reasons germane to each witness for doing so."
Here, the record reveals that the ALJ found the lay witnesses to be credible and did not reject the lay statements from Mr. Moore or Mr. Rhodes. Instead, the ALJ found these lay witnesses described plaintiff as engaging in a level of activity that was inconsistent with her allegation of severe limitation. Tr. 34. For example, Mr. Rhodes reported that plaintiff was his caregiver, cleaned his house, did his laundry, cooked his food, and took him to doctor appointments. Tr. 255. He also described plaintiff as feeding three cats, cleaning the cat boxes, feeding birds, vacuuming, going outside at least once a day, walking, drivipg a car, grocery shopping, handling money, working in the yard, reading, attending church, and socializing with family. Tr. 255-59.
Further, Mr. Moore described a similar level of activity, which the ALJ reasonably concluded was inconsistent with plaintiff's claim of severe limitation. Tr. 288. Consequently, the ALJ did not err in considering the lay witness statements.
Plaintiff argues that the ALJ did not adequately account for her "bladder incontinence and frequency issues" into the RFC determination. Pl.'s Br. at 24-25.
The RFC is the maximum a claimant can do despite her limitations.
The ALJ is responsible for resolving conflicts in the medical record and translating the claimant's impairments into concrete functional limitations in the RFC.
Here, the ALJ properly concluded at step two of the disability evaluation that plaintiff had not met her burden of establishing that her bladder problems resulted in any significant limitation. Tr. 21. The ALJ found that this alleged limitation was based solely on the plaintiff's complaints which, as stated above, he found not credible. Accordingly, the ALJ was not required to include plaintiff's less than reliable limitations regarding her bladder in the RFC assessment. Plaintiff's argument, which is contingent upon a finding of harmful error in regard to the ALJ's credibility finding, is without merit.
The ALJ gave clear and convincing reasons, supported by substantial evidence in the record, for finding plaintiff not disabled under the Act. Accordingly, the decision of the Commissioner is AFFIRMED and this case is DISSMISSED.
IT IS SO ORDERED.