TIMOTHY R. RICE, Magistrate Judge.
Plaintiff Esther Jane Miller alleges the Administrative Law Judge ("ALJ") erred in denying her application for Disability Insurance Benefits ("DIB") by failing to credit her allegation that she needed to "move around" when she changed positions between sitting and standing. Pl. Br. (doc. 11) at 7. I disagree and deny Miller's claim.
Although Miller had multiple severe impairments, including cervical and lumbar herniation and radiculopathy, the ALJ found Miller capable of a limited scope of light work that included only positions with a sit/stand option. R. at 18. Based on testimony from a Vocational Expert ("VE") that such positions were available, the ALJ concluded Miller was not disabled.
According to Miller, "the opinions of the treating providers" and "the objective diagnostic studies" supported "the fact that [she] would need to move around when she changed positions from sitting to standing." Pl. Br. at 7. The record does not support Miller's assertion.
As Miller conceded, the ALJ "did a relatively accurate review of the Claimant's treatment history."
There are three medical source opinions in Miller's record, two from consulting physicians and one from a treating provider. The ALJ gave "partial weight" to the opinion of the consulting examiner who saw Miller in 2015 and concluded she was far less limited than the ALJ found in his RFC.
Although a treating source's opinion is entitled to controlling weight when it is supported by medically acceptable clinical and laboratory diagnostic techniques and is consistent with other substantial evidence in the record, 20 C.F.R. § 404.1527(c)(2), the ALJ gave "little weight" to the 2018 opinion of Miller's treating physician, Dr. Amir Fayyazi. R. at 23. Dr. Fayyazi opined that Miller's neck pain "will most likely result in a decreased level of function in the foreseeable future."
The ALJ provided substantial evidence to discount Dr. Fayyazi's opinion.
Dr. Fayyazi's letter makes clear that he saw Miller to address only the complaints related to her neck.
Dr. Fayyazi's opinion that Miller's functioning is affected by her neck impairments is consistent with the ALJ's opinion, which specifically limits her RFC on this basis.
The RFC reflects the most that a claimant can still do despite her limitations. 20 C.F.R. § 1545(a)(1). As long as the ALJ supported his RFC with "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion," his determination must be upheld.
Miller has cited no objective evidence that the ALJ overlooked that would require her to walk around every time she changes position, and the opinion of her treating physician is consistent with the ALJ's RFC. The ALJ reasonably accommodated each of Miller's established limitations and the VE testimony provided substantial evidence that she would be able to find jobs available in the economy despite her impairments.
An appropriate Order accompanies this opinion.