ALAN N. BLOCH, District Judge.
AND NOW, this 23
Therefore, IT IS HEREBY ORDERED that Plaintiff's Motion for Judgment on the Pleadings (document No. 8) is DENIED and Defendant's Motion for Summary Judgment (document No. 10) is GRANTED.
First, the Court finds no merit in Plaintiff's contention regarding the ALJ's decision not to give controlling weight to the opinion rendered by Dr. Huang, Plaintiff's treating psychiatrist. It is well-established that "[t]he ALJ — not treating or examining physicians or State agency consultants — must make the ultimate disability and RFC determinations."
The Court finds that the ALJ did not, as Plaintiff alleges, substitute his own lay judgment for the judgment of Dr. Huang. Rather, the ALJ fulfilled his duty as fact-finder to evaluate Dr. Huang's opinion, considering a number of factors, and in light of all the evidence presented in the record.
Second, the Court finds that substantial evidence supports the ALJ's decision to give significant weight to the opinions of the state agency examiners over the opinion of Dr. Shetty, Plaintiff's treating primary care physician. Throughout his discussion in this case, the ALJ clearly considered the relevant medical evidence in the record, provided discussion of the evidence to support his evaluation, and ultimately concluded that the final opinion of Dr. Shetty was not supported by the evidence as a whole. (R. 18-22). For example, after detailing Plaintiff's overall treatment history, the ALJ described a form completed by Dr. Shetty in November, 2009, in which Plaintiff was described as being "capable of light exertion work with essentially good functioning in all areas." (R. 21). The ALJ stated that he gave this opinion of Dr. Shetty "great weight because it is supported by the evidence at that time." (R. 21). He also explained that Dr. Shetty completed another form (along with federal student loan discharge papers) on Plaintiff's behalf in May, 2011, in which she listed Plaintiff's various impairments. (R. 22). He noted, however, that this report was "inconsistent with the treatment records, including Dr. Shetty's reports." (R. 22). Additionally, Dr. Shetty made no referral for more specialized treatment or for pain management, nor did Plaintiff have any hospitalizations or emergency treatments, and Dr. Shetty was, in fact, "able to control these impairments despite infrequent medical appointments." (R. 22). The ALJ thus accorded this second report "little weight in assessing the claimant's level of functioning from the alleged disability onset date through the date of" his decision. (R. 22).
The record contained additional opinion evidence to which the ALJ gave great weight. In March, 2011, Dr. Christo, a consultative physician, evaluated Plaintiff, noted her various complaints, reviewed her history, and conducted his own examination of Plaintiff. (R. 21). He indicated, based upon his examination and interview with Plaintiff, that she "could lift and carry up to 25 pounds frequently and has no limitations in standing, walking, sitting, pushing, pulling, or in postural activities such as bending, kneeling, stooping, crouching, balancing and climbing." (R. 21). The ALJ afforded Dr. Christo's report "great weight" in formulating his determination, and he ultimately found that Plaintiff had further limitations than Dr. Christo provided. (R. 21). Also in March, 2011, Dr. Mortimer, a state reviewing physician, examined Plaintiff's records, noted her impairments and her activities of daily living, and found that Plaintiff could perform light exertion work. (R. 21). The ALJ stated that he also gave Dr. Mortimer's opinion "great weight" and incorporated it into Plaintiff's RFC. (R. 21). Additionally, in March, 2011, Dr. Ondis, a state reviewing psychologist, evaluated Plaintiff's records and found no severe mental health impairments. (R. 22). The ALJ observed that Dr. Ondis "noted the claimant did not receive professional mental health treatment," and he "indicated that at most, her mental impairments cause her no more than mild limitations in her work-related functioning." (R. 22). Again, the ALJ gave the report "significant weight," yet he eventually assessed Plaintiff as having greater limitations than those identified by Dr. Ondis. (R. 22). Upon review, the Court therefore finds that the ALJ properly discharged his duty to address not just Dr. Shetty's opinion, but also the other opinions presented in the record. The Court finds that substantial evidence supports the ALJ's evaluation of the opinion evidence and his decision not to give controlling eight to the opinion of Dr. Shetty in making his ultimate determinations.