TIMOTHY R. RICE, Magistrate Judge.
Plaintiff Rachel O'Donnell alleges the Administrative Law Judge ("ALJ") erred in denying her application for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") by improperly: (1) evaluating her migraine headaches; (2) discounting the opinion of her treating physician; and (3) finding her testimony inconsistent with the medical evidence. Pl. Br. (doc. 12) at 1. I disagree and deny O'Donnell's claim.
O'Donnell contends the ALJ misconstrued her medical records by overlooking July 2016 records showing complaints of daily migraines and diagnosing migraine with aura, chronic daily headache, and menstrual migraines. Pl. Br. at 6, Reply (doc. 14) at 1 (citing R. at 964-65). She argues the ALJ impermissibly substituted his own lay opinion for medical evidence when he relied on a stable February 2018 MRI to discount O'Donnell's subjective reports of functionally debilitating migraines. Pl. Br. at 6-7, Reply at 1-2.
The ALJ found O'Donnell's migraines were not disabling based on her exaggeration of symptoms in the medical record, which showed her headaches had no serious physiological basis. R. at 26. He contrasted her testimony, that she had experienced a headache every day since September 2015, with her report in December 2015 that she was experiencing one two-to-three-day headache each week and her April 2016 reports that she was experiencing two migraines with aura per month and two or three migraines per month related to her menstrual cycle.
His analysis is also supported by other evidence. For example, the neurologist who diagnosed O'Donnell with multiple kinds of migraines also attributed her headaches at least in part to "medication overuse." R. at 966. Another physician, Dr. Testa, treated O'Donnell's headaches beginning in April 2015.
Because the ALJ accurately noted the inconsistency between O'Donnell's testimony and the medical record, addressed the potential neurological and cardiac bases for her headaches, and reasonably concluded her migraines did not cause the debilitating functional limitations O'Donnell claimed, he cited substantial evidence to justify his conclusion.
O'Donnell also claims the ALJ failed to provide substantial evidence to support giving little weight to the opinion of her treating cardiologist, Dr. David Shipon. Pl. Br. at 8-10. Dr. Shipon opined in April 2017 that O'Donnell could not lift or carry any weight; could sit, stand, or walk for less than two hours in an eight-hour day; was subject to a variety of other postural limitations; would need frequent breaks; and would be absent from work more than four days per month. R. at 1144-46.
Dr. Shipon's, however, was not the only treating physician's opinion in the record. O'Donnell's cardiac surgeon and neurosurgeon both opined O'Donnell should avoid only heavy lifting due to her Level II, a.k.a mild, aneurysm.
The ALJ accurately summarized Dr. Shipon's findings.
O'Donnell argues the ALJ erred by not addressing each of the regulatory factors when discussing Dr. Shipon's opinion. Pl. Br. at 8-9. The ALJ addressed the opinion's supportability and consistency, but never explicitly noted that Dr. Shipon had personally examined O'Donnell, maintained a treating relationship, and was a specialist in cardiology.
Dr. Shipon's opinion as to the nature and severity of an impairment is not entitled to controlling weight where it is not "well-supported by medically acceptable clinical and laboratory diagnostic techniques" or is "inconsistent with the other substantial evidence in [the] case record." 20 C.F.R. §§ 404.1527(d)(2), 416.927(d)(2). Thus, the ALJ was required to address and weigh the conflicting evidence provided by the other physicians.
O'Donnell contends the ALJ applied the wrong legal standard in his consistency analysis, improperly relied on O'Donnell's daily activities, and failed to address her medication side effects. Pl. Br. at 11-12.
The ALJ did not utilize the wrong legal standard when he described O'Donnell's allegations as "not fully consistent with her treatment notes." R. at 26. He was required to assess "the extent to which [O'Donnell's] alleged functional limitations and restrictions . . . [could] reasonably be accepted as consistent" with the evidence. 20 C.F.R. §§ 404.1529(a), 416.929(a). Because he determined this extent was "not fully" consistent and supported his determination with substantial evidence, it survives judicial review. 42 U.S.C. § 405(g) ("findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive"). Even "[t]he presence of evidence in the record that supports a contrary conclusion does not undermine the Commissioner's decision so long as the record provides substantial support for" it.
The ALJ did not determine that O'Donnell's ability to perform a limited range of daily activities proved she was able to work. Instead, he found her testimony of debilitating functional limitations inconsistent with the record because it minimized daily activities she had previously admitted performing. R. at 27. He also noted that her alleged onset date coincided with the date she and her husband sold their business, even though she had been able to wait on customers prior to its closing.
The ALJ accurately noted there was no record of a provider recommending long-term use of a cane, and the records he cited documented normal muscle strength.
O'Donnell argues the ALJ should have specifically addressed the alleged side effects of her medications because her treating physician "noted that O'Donnell's medications cause fatigue and a drop in blood pressure." Pl. Br. at 12. O'Donnell, however, mischaracterizes that opinion, which notes only that her medication "can" cause these issues. R. at 1143. Other evidence in the record suggests that, when a medication caused her to experience significant side effects, O'Donnell stopped taking it.
O'Donnell's rare combination of conditions requires her to closely monitor her cardiac status, and obtain surgery if or when the risks associated with her condition outweigh the risks of surgery itself.
An appropriate Order accompanies this opinion.