PAUL M. WARNER, Chief Magistrate Judge.
Pursuant to 28 U.S.C. § 636(c), the parties consented to have Chief United States Magistrate Judge Paul M. Warner conduct all proceedings in this case, including trial, entry of final judgment, and all post-judgment proceedings.
Plaintiff alleges disability due to various physical and mental impairments. Plaintiff applied for DIB on February 11, 2014, and SSI on May 2, 2014, alleging disability beginning in October 2013.
On February 14, 2018, Plaintiff filed her complaint in this case.
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 step four, 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.
On appeal, Plaintiff contends that the Commissioner's decision should be reversed because the ALJ: (1) failed to consider certain record evidence in assessing Plaintiff's RFC; (2) failed to provide a narrative discussion showing how the evidence supported the RFC assessment; and (3) failed to address whether Plaintiff met the requirements for a closed period of disability. For the reasons that follow, the court finds Plaintiff has failed to provide the court grounds on which to overturn the decision of the Commissioner. The court finds that the ALJ applied the correct legal standards and that the ALJ's findings are supported by substantial evidence in the record.
Plaintiff first argues that the ALJ's finding that Plaintiff has the RFC to perform sedentary work subject to certain limitations is not supported by substantial evidence. Specifically, Plaintiff argues the ALJ failed to consider Plaintiff's recurrent hospitalizations, surgeries, and recovery periods. The court disagrees.
A disabling impairment must limit the ability to perform substantial gainful activity for no less than 12 consecutive months. See 20 C.F.R. §§ 404.1509, 416.909; Barnhart v. Walton, 535 U.S. 212, 219 (2002) (stating that a claimant is not disabled "if within 12 months after the onset of an impairment . . . the impairment no longer prevents substantial gainful activity"); see also 20 C.F.R. §§ 404.1522, 416.922 (discussing unrelated concurrent and non-concurrent impairments that may not meet the 12-month duration test).
While the numerous medical difficulties and treatments certainly left Plaintiff unable to work for various durations of time, the record as a whole does not demonstrate that Plaintiff's impairments were of such severity that she was unable to engage in any gainful activity for a continuous durational period of 12 months. In reaching this determination, the ALJ considered each hospitalization, surgery, examination, recovery update, and resulting limitations, and determined—based on the totality of the objective medical evidence and other evidence in the record—that Plaintiff was capable of performing sedentary work throughout various durations through the relevant time period of October 2013 through December 2016.
Plaintiff next argues that the ALJ erred by giving reduced weight to the opinions of. Douglas S. Kasteler, MD ("Dr. Kasteler") and Cynthia Zumbrennan, PA-C ("Ms. Zumbrennan").
In evaluating the weight assigned to medical opinions from treating sources, nontreating sources, and nonexamining sources, 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 asserts that the ALJ wrongly determined that the opinions of Dr. Douglas and Ms. Zumbrennan were not consistent with the record.
First, Plaintiff fails to identify any legal error in support of this argument, but simply argues that the ALJ should have accepted Plaintiff's recitation of the facts without addressing any of the inconsistent medical evidence relied upon by the ALJ to reduce the weight assigned to their opinions.
Plaintiff also argues that the ALJ erred by not factoring the letter of Keeyan Corbitt ("Mr. Corbitt"), Plaintiff's former supervisor at Teleperformance USA, into the RFC assessment and failing to offer explanation for reduced consideration.
Plaintiff argues that the ALJ did not support the RFC determination with a narrative discussion explaining how the medical and non-medical evidence sustained a conclusion that she could perform a range of sedentary work. The court disagrees and finds that the ALJ's RFC determination is supported by a proper narrative statement, as well as substantial evidence.
"The RFC assessment must include a narrative discussion describing how the evidence supports each conclusion, citing specific medical facts (e.g., laboratory findings) and nonmedical evidence (e.g., daily activities, observations)." Hendron v. Colvin, 767 F.3d 951, 954 (10th Cir. 2014) (citations and quotations omitted).
The ALJ thoroughly reviewed the medical evidence, which includes, but not limited to, discussion of medical records and observations, non-medical reports and statements, Plaintiff's own reports regarding her physical ability, and the activities Plaintiff engaged in throughout the relevant time period.
Plaintiff argues that the ALJ erred by finding that Plaintiff was not disabled from the period of October 2013 through December 2016, instead of finding that Plaintiff was disabled from the closed period of October 2013 through November 2016. Specifically, Plaintiff identifies November 1, 2016, as the date on which she was no longer disabled.
This date appears entirely arbitrary and Plaintiff fails to explain why or how she selected that date. Moreover, the ALJ found, which this court affirms, that Plaintiff was not disabled for at least 12 continuous months at any point during the relevant period.
Based on the foregoing, the Commissioner's decision in this case is AFFIRMED.
IT IS SO ORDERED.