DAVID C. NORTON, District Judge.
This matter is before the court on Magistrate Judge Paige J. Gossett's Report and Recommendation ("R&R") that this court affirm Acting Commissioner of Social Security Carolyn Colvin's decision denying plaintiff's application for disability insurance benefits ("DIB"). Plaintiff filed objections to the R&R. For the reasons set forth below, the court rejects the R&R and remands the case for further administrative action.
Unless otherwise noted, the following background is drawn from the R&R.
Plaintiff Andrea M. Morris ("Morris") filed an application for DIB on July 14, 2008, alleging disability beginning on January 1, 2008. The Social Security Agency denied Morris's claim initially and on reconsideration. Morris requested a hearing before an administrative law judge ("ALJ"), and ALJ Christine E. Dibble held a video hearing on June 29, 2010. The ALJ issued a decision on November 1, 2010, finding Morris not disabled under the Social Security Act. Morris requested Appeals Council review of the ALJ's decision. The Appeals Council declined to review the decision, rendering the ALJ's decision the final action of the Commissioner.
On September 26, 2012 Morris filed this action seeking review of the ALJ's decision. The magistrate judge issued an R&R on January 28, 2014, recommending that this court affirm the ALJ's decision. Morris filed objections to the R&R on February 17, 2014. The Commissioner replied to Morris's objections on March 6, 2014. The matter has been fully briefed and is ripe for the court's review.
Because Morris's medical history is not relevant to the disposition of this case, the court dispenses with a lengthy recitation thereof and instead notes a few relevant facts. Morris was born on August 26, 1961 and was forty-eight years old on the date she was last insured. Tr. 48. She has at least a high school education and past relevant work experience as a cashier, inspector, sewing machine operator, and small business owner. Tr. 129, 134.
The ALJ employed the statutorily-required five-step sequential evaluation process to determine whether Morris was disabled from January 1, 2008 through June 30, 2010 (Morris's date last insured). The ALJ first determined that Morris did not engage in substantial gainful activity during the period at issue. Tr. 22. At the second step, the ALJ found that Morris suffered from the following severe impairments: degenerative disc disease of the cervical spine; uncontrolled diabetes mellitus with neuropathy and chronic kidney disease Stage III; and uncontrolled hypertension.
This court is charged with conducting a de novo review of any portion of the magistrate judge's R&R to which specific, written objections are made. 28 U.S.C. § 636(b)(1). A party's failure to object is accepted as agreement with the conclusions of the magistrate judge.
Judicial review of the Commissioner's final decision regarding disability benefits "is limited to determining whether the findings of the [Commissioner] are supported by substantial evidence and whether the correct law was applied."
Morris objects to the R&R on three grounds, which echo the allegations of error she assigned to the ALJ in her initial brief. Specifically, Morris objects that: (1) the ALJ did not consider that the vocational expert's testimony required a finding of disabled; (2) the ALJ did not properly evaluate the opinion of her treating physician; and (3) the ALJ did not properly discuss Morris's mental impairments. Because Morris's second objection provides ground for remand, the court does not consider the remaining objections.
Morris objects to the ALJ's evaluation of the opinions of her treating physician, Dr. Jill Peterson. Pl.'s Objections 4. Morris argues that the ALJ failed to adequately explain why he afforded controlling weight to one of the Dr. Peterson's opinions and minimal weight to her other opinions.
Regulations require that a treating physician's opinion be given controlling weight if that opinion "is well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence" in the record. 20 C.F.R. § 404.1527(c)(2);
If a treating physician's opinion does not merit controlling weight, the ALJ is to evaluate it using the following factors: (1) whether the physician has examined the applicant; (2) the nature and extent of the treatment relationship; (3) the extent to which the opinion is supported by relevant medical evidence; (4) the extent to which the opinion is consistent with the record as a whole; (5) the relevance of the physician's medical specialization to the opinion; and (6) any other factor that tends to support or contradict the opinion. 20 C.F.R. § 404.1527(c);
In her decision, the ALJ considered the opinions of Dr. Peterson. Tr. 25. Dr. Peterson gave three separate opinions, each dated June 8, 2010.
Based on the above, it is not possible for this court determine whether the ALJ has given good reasons for the weight afforded Dr. Peterson's second and third opinions, and therefore whether the ALJ's decision is supported by substantial evidence. The court remands the case to the Commissioner for further administrative action. When reviewing the case on remand, the ALJ should also consider the rest of Morris's objections.
Based on the foregoing, the court