DONETTA W. AMBROSE, Senior District Judge.
Plaintiff seeks review of the decision denying her supplemental social security income benefits. Plaintiff claims disability due to physical and mental impairments. Plaintiff's claim was denied initially, and following hearing by an Administrative Law Judge ("ALJ"). The Appeals Council denied Plaintiff's request for review. The parties' Cross-Motions for Summary Judgment are now before the Court. For the following reasons, Plaintiff's Motion will be denied, and Defendant's granted.
Judicial review of the Commissioner's final decisions on disability claims is provided by statute. 42 U.S.C. §§ 405(g) 6 and 1383(c)(3) 7. Section 405(g) permits a district court to review the transcripts and records upon which a determination of the Commissioner is based, and the court will review the record as a whole. See 5 U.S.C. §706. When reviewing a decision, the district court's role is limited to determining whether the record contains substantial evidence to support an ALJ's findings of fact.
A district court cannot conduct a
Plaintiff first contends that the ALJ erred by failing to acknowledge or discuss her low global assessment of functioning scores ("GAF"), ranging from 35 to 50.
While it remains that the ALJ must consider all record evidence, the Court notes that the American Psychiatric Association has eliminated GAF scores from the Diagnostic and Stattistical Manual of Mental Disorders, due to the GAF scale's "conceptual lack of clarity."
Here, the ALJ considered the parts of the record to which Plaintiff points as containing her low GAF scores. He considered and discussed the Jefferson Regional Medical Center records that contained a GAF score of 35, as well as the records from Dr. Mukhajee and Mercy Behavioral Health that reflected GAF scores of 40 and 45. The ALJ, therefore, has conducted a thorough review of the medical evidence regarding Plaintiff's impairments. Plaintiff has not explained how the three low GAF scores would have themselves satisfied the disability requirement, in light of the evidence of record as a whole. The ALJ's reference to Plaintiff's GAF scores would have eased this Court's review, but his failure to do so does not constitute grounds for remand.
Plaintiff also challenges the ALJ's reliance on the opinion of agency non-examiner Dr. Vigna, arguing that the substantial weight afforded Dr. Vigna's opinion is unsupported by the evidence. In so doing, Plaintiff complains that the ALJ focused on Plaintiff's substance abuse and noncompliance with treatment, and did not fully discuss her treatment at Mercy Behavioral Health.
The ALJ's specific discussion of Dr. Vigna, Psy. D., was fairly cursory. He indicated that Dr. Vigna is highly experienced in the social security context, and had thoroughly reviewed the then-available documentary evidence. Further, the ALJ found that Dr. Vigna's opinion was "consistent with the documentary evidence." Again, this Court's role on review is made more difficult when specific explanation is lacking; it would have been helpful, here, if the ALJ had specifically identified the consistencies relied on. Nonetheless, the entirety of the decision makes clear that the ALJ reviewed all of the documentary evidence, and rested his decisions thereon. Courts within this Circuit have found similar explanations by an ALJ to be sufficient.
With respect to the ALJ's interest in Plaintiff's substance abuse and lack of compliance, I find nothing improper. The ALJ did not focus on these concepts to the exclusion of other evidence; nor did he assert that her hospitalization failed to support a claim for disability. Instead, the ALJ considered the entire record, and I find no error in his decision.
In conclusion, I cannot conclude that the ALJ's decision was not supported by substantial evidence. Plaintiff's Motion will be denied, and Defendant's granted. An appropriate Order follows.
AND NOW, this 23rd day of February, 2018, it is hereby ORDERED, ADJUDGED, and DECREED that Plaintiff's Motion is denied, and Defendant's granted.