PAUL M. WARNER, Chief Magistrate Judge.
All parties in this case have consented to Chief Magistrate Judge Paul M. Warner conducting all proceedings, including entry of final judgment, with appeal to the United States Court of Appeals for the Tenth Circuit.
On December 11, 2012, Plaintiff applied for DIB and SSI, alleging disability beginning on March 15, 2010.
A second hearing was held on September 29, 2015.
This court "review[s] the Commissioner's decision to determine whether the factual findings are supported by substantial evidence in the record and whether the correct legal standards were applied." Lax v. Astrue, 489 F.3d 1080, 1084 (10th Cir. 2007) (quotations and citation omitted). The Commissioner's findings, "if supported by substantial evidence, shall be conclusive." 42 U.S.C. § 405(g). "Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. It requires more than a scintilla, but less than a preponderance." Lax, 489 F.3d at 1084 (quotations and citation omitted). "In reviewing the ALJ's decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ]." Madrid v. Barnhart, 447 F.3d 788, 790 (10th Cir. 2006) (quotations and citation omitted). "The failure to apply the correct legal standard or to provide this court with a sufficient basis to determine that appropriate legal principles have been followed [are] grounds for reversal." Jensen v. Barnhart, 436 F.3d 1163, 1165 (10th Cir. 2005) (quotations and citation omitted).
A five-step evaluation process has been established for determining whether a claimant is disabled. See 20 C.F.R. §§ 404.1520(a)(4)(i)-(v), 416.920(a)(4)(i)-(v); see also Williams v. Bowen, 844 F.2d 748, 750-51 (10th Cir. 1988) (discussing the five-step process). If a determination can be made at any one of the steps that a claimant is or is not disabled, the subsequent steps need not be analyzed. See 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4).
Williams, 844 F.2d at 750-51 (quotations and citations omitted); see 20 C.F.R. §§ 404.1520(a)(4)(i)-(ii), 416.920(a)(4)(i)-(ii).
"Step three determines whether the impairment is equivalent to one of a number of listed impairments that . . . are so severe as to preclude substantial gainful activity. . . . If the impairment is listed and thus conclusively presumed to be disabling, the claimant is entitled to benefits. If not, the evaluation proceeds to the fourth step. . . ." Williams, 844 F.2d at 751 (quotations and citations omitted); see 20 C.F.R. §§ 404.1520(a)(4)(iii), 416.920(a)(4)(iii).
At the fourth step, the claimant must show that the impairment prevents performance of his "past relevant work." 20 C.F.R. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). "If the claimant is able to perform his previous work, he is not disabled." Williams, 844 F.2d at 751. If, however, the claimant is not able to perform his previous work, he "has met his burden of proof, establishing a prima facie case of disability." Id.
At this point, "[t]he evaluation process . . . proceeds to the fifth and final step." Id. At this step, the burden of proof shifts to the Commissioner, and the decision maker must determine "whether the claimant has the residual functional capacity [("RFC")] . . . to perform other work in the national economy in view of his age, education, and work experience." Id.; see 20 C.F.R. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v). If it is determined that the claimant "can make an adjustment to other work," 20 C.F.R. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v), he is not disabled. If, on the other hand, it is determined that the claimant "cannot make an adjustment to other work," 20 C.F.R. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v), he is disabled and entitled to benefits.
In support of her claim that the Commissioner's decision should be reversed, Plaintiff argues that the ALJ erred by (1) failing to properly evaluate certain medical opinions and (2) failing to account for Plaintiff's alleged impairment of edema. The court will address those arguments in turn.
In evaluating the weight assigned to medical opinions, an ALJ must consider the following factors set forth in 20 C.F.R. §§ 404.1527(c) and 416.927(c):
Watkins v. Barnhart, 350 F.3d 1297, 1301 (10th Cir. 2003) (quotations and citation omitted); see 20 C.F.R. §§ 404.1527(c), 416.927(c).
An ALJ is not required to discuss every factor set forth in the relevant regulations. See Oldham v. Astrue, 509 F.3d 1254, 1258 (10th Cir. 2007) (stating that when an ALJ does not discuss every factor, it "does not prevent this court from according his decision meaningful review"). As with other evidentiary matters, when an ALJ is considering medical opinion evidence, it is the ALJ's role to weigh and resolve evidentiary conflicts and inconsistencies See, e.g., Rutledge v. Apfel, 230 F.3d 1172, 1174 (10th Cir. 2000); Eggleston v. Bowen, 851 F.2d 1244, 1247 (10th Cir. 1988).
Plaintiff argues that the ALJ erred in evaluating the opinions of (A) Dr. Randy Clark, M.D. ("Dr. Clark"), (B) the state agency physicians, and (C) Dr. Joseph C. Fyans, M.D. ("Dr. Fyans").
Plaintiff contends that the ALJ offered only vague, conclusory statements and did not cite to any evidence to support his conclusion that Dr. Clark's opinions were entitled to no weight. Plaintiff also asserts that the ALJ used his evaluations of the opinions of the state agency physicians and Dr. Fyans to reject the opinions of Dr. Clark. Those arguments fail.
The court concludes that the ALJ provided sufficient reasoning to support his evaluation of Dr. Clark's opinions. In reaching the conclusion that Dr. Clark's opinions were entitled to no weight, the ALJ properly relied upon the fact that those opinions were inconsistent with the objective evidence in the record and were based upon little beyond Plaintiff's subjective allegations.
The court also concludes that the ALJ cited to substantial evidence to support his conclusions about Dr. Clark's opinions. In his summary of the evidence preceding his evaluation of Dr. Clark's opinions, the ALJ discussed specific evidence showing Plaintiff's improvement after knee surgery and relatively normal physical findings.
The court further concludes that, contrary to Plaintiff's argument, the ALJ did not use his evaluations of the opinions of the state agency physicians and Dr. Fyans to reject the opinions of Dr. Clark. While the opinions of the state agency physicians and Dr. Fyans might have differed from Dr. Clark's opinions, nowhere in the ALJ's decision does he state that he is using the former opinions to reject those of Dr. Clark. Furthermore, as will be discussed below, the court concludes that the ALJ did not err in his evaluation of the opinions of the state agency physicians or Dr. Fyans.
Plaintiff argues that the ALJ erred by giving great weight to the state agency physicians' opinions. Specifically, Plaintiff takes issue with the fact that those opinions were issued prior to the alleged worsening of her lower extremity impairments.
As for the weight the ALJ assigned to the state agency physicians' opinions, the court concludes that the ALJ engaged in a proper analysis. The ALJ properly relied upon the fact that those opinions were consistent with and supported by the objective medical evidence and the entire record.
The court also concludes that the ALJ did not err by assigning great weight to the state agency physicians' opinions, even though those opinions may have been issued prior to the alleged exacerbation of Plaintiff's lower extremity impairments. As the Commissioner has argued, it appears that the ALJ took that fact into account when assessing Plaintiff's RFC. Indeed, although the ALJ gave great weight to the state agency physicians' opinions, he ultimately determined that Plaintiff was more limited than those opinions indicated. For example, one state agency physician opined that Plaintiff would be capable of climbing ladders, ropes, and scaffolds and frequently balancing, crawling, and kneeling.
Plaintiff asserts that the ALJ erred in his evaluation of the opinions of Dr. Fyans. The court disagrees. In reaching the conclusion that Dr. Fyans' opinions were entitled to great weight, the ALJ properly relied upon the fact that Dr. Fyans was an orthopedic specialist and conducted a thorough in-person evaluation of Plaintiff.
Plaintiff argues that the ALJ erred by failing to account for her alleged impairment of edema and her need to elevate her legs above her heart throughout the day. In support of that argument, Plaintiff merely points to select portions of record evidence. In doing so, Plaintiff is essentially asking this court to substitute its judgment of the evidence for the judgment made by the ALJ. That is an unavailing argument on appeal. See Tillery v. Schweiker, 713 F.2d 601, 603 (10th Cir. 1983) (providing that when the evidence permits varying inferences, the court may not substitute its judgment for that of the ALJ); see also Lax, 489 F.3d at 1084 ("The possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency's findings from being supported by substantial evidence. We may not displace the agenc[y's] choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo.") (quotations and citations omitted) (alteration in original).
In summary, the court concludes that all of Plaintiff's arguments fail. Accordingly, IT IS HEREBY ORDERED that the Commissioner's decision in this case is AFFIRMED.
IT IS SO ORDERED.