DONETTA W. AMBROSE, Senior District Judge.
Plaintiff filed a protective application for disability and disability insurance benefits, alleging mental and physical impairments, including gastric problems and obsessive-compulsive disorder ("OCD"). The claim was denied initially, and upon hearing by an administrative law judge ("ALJ"). The Appeals Council denied Plaintiff's request for review. This appeal followed. 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.
A district court cannot conduct a
Plaintiff contends that the residual functional capacity ("RFC") was not supported by medical evidence, but instead represents the lay opinion of the ALJ. She also argues that the ALJ's credibility determination was improper.
It is the ALJ's responsibility to determine a Plaintiff's RFC. In assessing a claimant's RFC, the ALJ will consider all of a claimant's medically determinable impairments, as well as all of the relevant evidence pertaining to those impairments, including medical records, statements from medical sources, and descriptions by the claimant of her limitations. 20 C.F.R. §§ 404.1545(a)(3), 404.1545(a)(4). A claimant's statements, alone, do not serve to establish disability; instead, subjective reports should be supported by objective evidence.
Here, the RFC states that Plaintiff can perform medium work, except with lift/carry limitations, stand and walk limitations. The RFC also contains several environmental limitations, as well as a limitation to simple, routine, and repetitive tasks, simple work-related decisions, and few if any workplace changes. IT also limited her to only occasional interaction with the public and co-workers, and no tandem tasks. Noting that the RFC does not account for gastroparesis symptoms, the Plaintiff points to records supporting her reports of nausea, vomiting, and diarrhea, as well as her testimony that these symptoms affected her daily routine. In particular, Plaintiff appears to suggest that the ALJ should have included a functional limitation that addressed her potential lateness to work due to her symptoms.
Here, the ALJ recounted all of the medical evidence of record relating to Plaintiff's gastrointestinal condition. Along with Plaintiff's disinclination to further explore potential causes of her condition, he noted a reduction in symptoms in July, 2015; a lack of objective findings to explain the symptoms; and a July 2015 medical note that stated that Plaintiff's gastroparesis was "very mild." At that time, Plaintiff reported that her symptoms were periodic but usually slight. The ALJ considered Plaintiff's testimony regarding her gastric symptoms alongside the entirety of the record, including all of the medical evidence.
Plaintiff argues that the ALJ erred in assessing her credibility, particularly with respect to her anxiety and OCD. The ALJ discounted Plaintiff's complaints because she had no hospitalizations or specialized mental health treatment.
This error, Plaintiff contends, infected the ALJ's treatment of the opinion of Dr. Neal, a consulting examiner. Plaintiff's arguments are, generally speaking, well-taken; assessing the validity of mental impairments and subjective complaints, in tandem, is a difficult task.
Aside from its impact on the analysis of Dr. Neal's opinion, Plaintiff assigns more general error to the ALJ's treatment of her subjective complaints.
Plaintiff's arguments are well-crafted, and I empathize with her situation. Nonetheless, as discussed
In conclusion, the ALJ's decision was supported by substantial evidence. Plaintiff's Motion will be denied, and Defendant's granted. An appropriate Order follows.
AND NOW, this 14th day of June, 2018, it is hereby ORDERED, ADJUDGED, and DECREED that Plaintiff's Motion is DENIED and Defendant's GRANTED.