ALAN N. BLOCH, District Judge.
AND NOW, this 28
Therefore, IT IS HEREBY ORDERED that Plaintiff's Motion for Summary Judgment (Doc. No. 12) is DENIED and Defendant's Motion for Summary Judgment (Doc. No. 16) is GRANTED.
A claimant's RFC is the most that a claimant can do despite his limitations.
In his thorough analysis of such evidence, the ALJ explained that he accorded "some weight" to the opinion of state agency psychologist Ray M. Milke, Ph.D., insofar as he opined that Plaintiff could meet the basic demands of competitive work, as supported by the record overall. (R. 304-21, 439). However, to the extent that Dr. Milke found that Plaintiff had no restrictions in his mental functional abilities, including his ability to engage in social interactions, the ALJ found that that portion of Dr. Milke's assessment was not entirely consistent with the evidence that the ALJ received at the hearing level. (R. 439). The ALJ explained specifically that, taking into account more recent treatment notes and Plaintiff's subjective complaints, he determined that Plaintiff has "mild to moderate" functional restrictions that warrant the task and interaction restrictions included in his RFC. (R. 439). Thus, the ALJ concluded that this heightened finding necessitated restricting Plaintiff to only "occasional interaction" with supervisors, co-workers and the public. (R. 428).
Similarly, the ALJ explained that he accorded "great weight" to the opinion set forth in the medical source statement completed by consultative psychologist Michael Mercatoris, Ph.D., which stated, among other things, that Plaintiff has only a slight limitation in the ability to respond appropriately to supervisors, co-workers and the public. (R. 293-301, 439). The ALJ found Dr. Mercatoris's opinion to be well supported by the doctor's own objective examination findings as well as by the record as a whole, including Plaintiff's treatment notes and level of daily activity. (R. 439). However, the ALJ found, "considering the evidence in a manner most favorable to the claimant," that Plaintiff is more appropriately restricted to only occasional social interaction with the public, coworkers and supervisors. (R. 439).
Plaintiff now argues, however, that the ALJ did not go far enough in limiting Plaintiff to "occasional" interaction with supervisors, co-workers and the public, and contends that the ALJ actually "rejected" evidence of Plaintiff's difficulties with social interactions without providing an adequate explanation for his decision to do so. The Court disagrees. First, the ALJ limited Plaintiff to only occasional social interaction even though neither the state agency psychologist nor the consultative psychologist found such a restriction to be necessary. (R. 439).
Additionally, in support of his argument, Plaintiff cites to evidence which he says is consistent with the usual characteristics of his impairments. (Doc. No. 13, at 17-18). While it is true that Plaintiff has been diagnosed with various disorders, including anti-social personality disorder, bipolar disorder and impulse control disorder, such diagnoses alone do not warrant an award of disability benefits. Instead, there must be proof of a related functional loss preventing Plaintiff from engaging in substantial gainful activity.
Finally, the Court cannot find that the ALJ erred in posing his hypothetical questions to the VE at the administrative hearing. While the hypothetical questions to the VE must accurately portray the claimant's impairments, such question need only reflect those impairments that are adequately supported by the record.
In sum, the Court finds that the ALJ did not err in assessing the medical opinions and other evidence of record in formulating Plaintiff's RFC, nor did he err in posing his hypothetical questions to the VE. Accordingly, the Court affirms.