ROBERT S. BALLOU, Magistrate Judge.
Plaintiff Lisa Ann Jeskey Meador ("Meador") filed this action challenging the final decision of the Commissioner of Social Security ("Commissioner") determining that she was not disabled and therefore not eligible for supplemental security income ("SSI"), and disability insurance benefits ("DIB") under the Social Security Act ("Act"). 42 U.S.C. §§ 401-433, 1381-1383f. Meador alleges that the Administrative Law Judge ("ALJ") erred by finding she did not meet or equal one of the mental disorder listings, determining she could perform her past relevant work given her residual functional capacity, and deciding that she could perform work that exists in substantial numbers in the national economy. I conclude that substantial evidence supports the ALJ's decision as a whole. Accordingly, I hereby
This court limits its review to a determination of whether substantial evidence exists to support the Commissioner's conclusion that Meador failed to demonstrate that she was disabled under the Act.
Meador protectively filed for SSI and DIB on June 23, 2009, claiming that her disability began on October 1, 2004 (R. 86, 97, 174-79) and later amended the onset date to July 8, 2009. R. 81. The Commissioner denied the application at the initial and reconsideration levels of administrative review. R. 84-125. On October 12, 2011, ALJ Geraldine H. Page held a hearing to consider Meador's disability claim. R. 37-83. Meador was represented at the hearing, which included testimony from Meador, her mother Marjorie Ann Jeskey, and vocational expert John F. Newman. R. 37-83.
On October 28, 2011, the ALJ entered her decision analyzing Meador's claim under the familiar five-step process
Meador appealed the ALJ's decision, and submitted medical documentation and a legal brief to the Appeals Council. R. 8-16. On February 27, 2013, the Appeals Council denied Meador's request for review (R. 1-7), and this appeal followed on May 3, 2013. Dkt. No. 3.
Meador alleges that the ALJ erred by (1) finding she did not meet or medically equal one of the listings, (2) determining she could perform her past relevant work given her RFC, and (3) deciding that she could perform work that exists in substantial numbers in the national economy. Having reviewed the record as a whole, I find that the ALJ's decision is supported by substantial evidence in the record.
A "listed impairment" is one considered by the Social Security Administration "to be severe enough to prevent an individual from doing any gainful activity, regardless of his or her age, education, or work experience." 20 C.F.R. § 404.1525(a). Meador argues that the ALJ incorrectly concluded that her conditions did not meet or equal the requirements of either Listing § 12.04 (affective disorders) or § 12.06 (anxiety related disorders), and is not supported by substantial evidence. Dkt. No. 18, p. 9-13. I cannot agree.
To meet or equal a § 12.00 listing for a mental disorder, a claimant must satisfy criteria under both paragraph "A" and "B" of the particular listing. Paragraph A delineates the required medical diagnostic or clinical evidence of a mental impairment. Paragraph B criteria for each § 12.00 listing requires a showing of at least two functional limitations, such as (1) marked restriction of activities of daily living, (2) marked difficulties in maintaining social functioning, (3) marked difficulties in maintaining concentration, persistence, or pace, or, (4) repeated episodes of decompensation, each of extended duration. 20 C.F.R. Pt. 404, Subpt. P., App'x 1, §§ 12.04B, 12.06B, 12.08B & 12.10B. The Commissioner defines degrees of limitations under 20 C.F.R. §§ 404.1520a, 416.920a, rating limitations on a five point scale of "none, mild, moderate, marked, and extreme." A "marked" limitation as required for Paragraph B "may arise when several activities or functions are impaired, or even when only one is impaired, as long as the degree of limitation is such as to interfere seriously with your ability to function independently, appropriately, effectively, and on a sustained basis." 20 C.F.R. Pt. 404, Subpt. P., App'x 1, § 12.00C. If the criteria under Paragraph B cannot be met, then a claimant instead can satisfy Paragraph C's criteria for Listings §§ 12.04 and 12.06. Under Listing § 12.04(C), a claimant may meet the regulatory criteria if she has at least a two-year medically documented history of a chronic affective disorder with: 1) repeated episodes of decompensation, each of extended duration; 2) a residual disease process that has resulted in such marginal adjustment that a minimal increase in mental demands or change in the environment would cause the claimant to decompensate; or 3) a current history of one or more years' inability to function outside a highly supportive living arrangement. 20 C.F.R. pt. 404, Subpt. P, Appx. 1, § 12.04(C). For Listing § 12.06(C), a claimant must demonstrate a "complete inability to function independently outside the area of one's home."
The ALJ must clearly articulate the reasons for her decision regarding a listed impairment.
While it would have been helpful for the ALJ to individually discuss all parts of the record relevant to whether Meador suffers a marked degree of limitation, the lack of such detail does not undermine the ALJ's ultimate conclusion.
Here, the ALJ's analysis was sufficiently detailed in step three to allow for meaningful judicial review; a review of the decision as a whole indicates that the ALJ's step three conclusion is supported by substantial evidence, and that the ALJ's step three analysis does in fact support her conclusion that Meador does not meet or medically equal a listing.
With regard to activities of daily living, the ALJ considered reports completed by Meador about her activities, noting that Meador reported challenges caring for herself and that her parents do most of the physical care of her children. R. 24. The ALJ's opinion demonstrates that she considered the applicable portions of the record which relate to Meador's difficulties of daily living.
Upon review of Meador's social functioning in step three, the ALJ pointed to Meador's difficulty being around others and her propensity to experience panic attacks. R. 24. The ALJ noted that "this has been accounted for when determining the residual functional capacity determined herein." R. 24. In her step four analysis, the ALJ elaborated on Meador's social life and how Meador only demonstrated moderate difficulties in that area. R. 29. Meador attends school functions, goes to the park, and spends time with her children. R. 29, 217. The ALJ further observed Meador's conservative medical care, which was limited to antidepressants and did not include any hospitalizations. R. 27. Although Meador reported that "I go out as little as possible, I have no social life" (R. 217), she frequently goes to the grocery store, watches the television with her children on a daily basis, and takes pride in a very close relationship with her children. R. 216-217. Meador also talks to her friends on the phone, though only every few months. R. 217. Additionally, Dr. Jennings found that Meador had only mild difficulty maintaining social functioning. R. 369. Based on this record, there is substantial evidence to support the ALJ's conclusion that Meador suffered from moderate, but not marked, difficulties in social functioning.
With regard to concentration, persistence, and pace, the ALJ discussed Meador's decreased memory skills. R. 24. Again, the ALJ notes that "this has also been accounted for when determining the residual functional capacity determined herein." R. 24. The ALJ's discussion at step three is supported by her discussion of this evidence at step four. The ALJ noted in step four that Meador complained of memory problems to John Heil, D.A. in early 2010 and to Ms. Kiser in early 2011. R. 28. Meador reports that her lack of memory makes it a challenge to handle money, limits her organizational abilities, and makes her prone to forget spoken instructions unless she immediately completes them. R. 216-18. However, Meador reports that she usually can follow written instructions if she is not interrupted while reading them. R. 218. The medical opinions of the examining and non-examining psychological experts all indicate that she is capable of completing simple, routine tasks and maintaining concentration.
Meador briefly mentions that a claimant can meet a listing under §§ 12.04 or 12.06 by demonstrating the criteria for paragraph "C." Dkt. No. 18, p. 10. However, Meador advances no argument to suggest that she has met the criteria for paragraph "C." Based on a review of the record, substantial evidence supports the ALJ's conclusion that Meador cannot meet paragraph "C" under either listing. Meador did not experience repeated episodes of decompensation as defined by the listing,
Therefore, the ALJ's opinion at step three that Meador does not meet or medically equal a mental disorder at § 12.00 is supported by substantial evidence. A reasonable mind might accept the above evidence as adequate to support the conclusions that Meador's activities of daily living, social functioning, and concentration, persistence, and pace are not impaired to a degree that "interfere[s] seriously with [her] ability to function independently, appropriately, effectively, and on a sustained basis." 20 C.F.R. pt. 404, subpt. P, app. 1, § 12.00(C) (defining a marked limitation). Furthermore, when considering the opinion as a whole, the ALJ's discussion of the evidence is sufficiently detailed to satisfy the court that she considered the entirety of evidence of record and to enable meaningful judicial review. Finally, despite Meador's claim to the contrary, the ALJ's analysis of the record evidence supports the conclusion she ultimately reached—that Meador does not meet or medically equal a mental disorder listing.
Next, Meador argues that the ALJ erred in finding that she could perform her past relevant work under her RFC. Dkt. No. 18, p. 14. Specifically, Meador argues that the ALJ did not take into account her mental health impairments and points to the opinions of Dr. Heil and Ms. Kiser as evidence of her limitations. Id. Meador also notes that the ALJ failed to consider the combined effect of her mental health and physical impairments.
The administrative record shows conservative treatment and generally mild to moderate symptoms of post-traumatic stress, anxiety, and depression. Meador's medical records do not support her assertion that her mental health prevents her from working. In psychiatric progress notes dated from 1999 through early 2007, Drew C. Bockner, M.D. did not note any remarkable findings. R. 299-337. Dr. Bockner's minimal notes show that Meador cried easily (R. 307) and faced challenges with her significant other (R. 308), but that she still worked long hours of eleven to twelve hours each day. R. 316. Similarly, Dr. Jennings found that Meador suffered from non-severe depression and anxiety based on her review of the record. R. 359, 362, 364. Dr. Jennings determined Meador responded well to medication, her mood and memory were normal, her GAF score of 75 demonstrated good energy, compliance, and stress tolerance, and her memory and intelligence were within normal range. R. 371. Importantly, Dr. Jennings noted that Meador's condition should continue to improve with proper treatment. R. 371. The medical records and state agency opinion do not support Meador's allegations.
The opinions of Dr. Heil and Ms. Kiser similarly do not support Meador's inability to work. Dr. Heil first evaluated Meador in May and June 2010, when he diagnosed her with post-traumatic stress disorder, depression, and pain disorder. R. 402. Dr. Heil's evaluation did not provide great detail; he noted that Meador's "poor memory is apparent with difficulty with sequential recounting of events," that she experiences depression with "generalized malaise," and that she exhibits relevant and coherent thought content. R. 403-04. Much of Dr. Heil's report appears based on Meador's self-reporting, such as her diminished memory and ability to concentrate. R. 403. On December 7, 2011, Dr. Heil again evaluated Meador and reported his findings after the ALJ's decision.
Ms. Kiser has greater experience with Meador than Dr. Heil because she regularly treated her. In Ms. Kiser's progress notes, which date from March 2007 through April 2011, Ms. Kiser noted that Meador was stressed due to financial problems (R. 379), documented her request for obtaining disability primarily due to her back and secondarily for anxiety (R. 380), and repeatedly marked Meador's ability to sleep, eat, tolerate stress, groom, and cooperate as "good." R. 379-99, 409-10. In a July 2010 evaluation, Ms. Kiser checked that Meador had "marked" impairment for every question on the questionnaire, which included Meador's ability to sustain concentration and attention, her reliability and social interaction, and her understanding and memory. R. 406-07. In support of her clinical findings, Ms. Kiser referenced Dr. Heil's psychological evaluation and none of her records. R. 407. After the ALJ's decision, Ms. Kiser wrote an evaluative letter on November 29, 2011 that detailed her treatment of Meador.
The ALJ properly reviewed Ms. Kiser's determinations. Not only is Ms. Kiser's evaluation of Meador's "marked" impairments unsupported by her own records, but her position as a physician's assistant only qualifies her as an "other source" who can supplement the Commissioner's review of acceptable medical evidence as a non-acceptable medical source. 42 U.S.C. § 404.1513;
Substantial evidence also supports that the combination of Meador's physical and mental impairments did not merit a finding of disability. The ALJ thoroughly reviewed Meador's medical records and found that she had experienced conservative treatment for both her mental and physical impairments. R. 25-30. The administrative record shows little documentation to support a finding of physical disability for the relevant time period beginning in July 2009.
State agency physician Michael Hartman, M.D. largely agreed with Dr. Humphries' findings. Dr. Hartman diagnosed Meador with cervical thoracic lumbar strain, degenerative joint disease in the sacroiliac region, right shoulder strain, and right knee pain. R. 373. He agreed with all of the same limitations, with the exception that Meador had no limitations for pushing or pulling. R. 374. Dr. Hartman also recommended medium work and found that Meador's allegations were only partially credible. R. 378. With such mild findings for both physical and mental impairments, the ALJ reasonably determined that their combined effect could not render Meador disabled.
The ALJ generally accepted the opinions of Meador's physical and mental impairments, but she found that these opinions and the medical record did not support a finding of a disability. This analysis reflects reasoned consideration of the medical opinions in relation to the entire record. The RFC properly accounted for all of Meador's physical and mental limitations established by the medical evidence. I find no error in this analysis and find that substantial evidence supports the ALJ's evaluation of the medical opinions of record.
Meador also claims that Ms. Kiser's and Dr. Heil's opinions were not expressed to the vocational expert, and thus, the vocational expert's assessment of the jobs she could perform was inadequate. A review of the hearing transcript demonstrates that Meador's allegation is without merit.
At the administrative hearing, the ALJ presented a hypothetical to the vocational expert of an individual with Meador's age, education, and work experience, who was capable of medium work; could stand, walk, and sit for no more than six hours in an eight-hour day; and occasionally could climb, use ramps and stairs, balance, kneel, crawl, stoop, and crouch. The individual could not repeatedly reach overhead with her right upper extremity; could face no more than concentrated exposure to hazardous machinery at unprotected heights, work on vibrating surfaces, or climb ladders, ropes, and scaffolds; and also could not face more than concentrated exposure to extreme temperatures, excess humidity, pollutants, and irritants. The individual could only perform simple, unskilled, and repetitive tasks, involving occasional interactions with the general public. R. 77-78. Based on that hypothetical, the vocational expert found that jobs existed in the national and regional economy for such an individual. R. 78-79. The ALJ followed up with a hypothetical based on the assumption that the testimony of Meador and her mother was fully supported and that Meador would be "off-task 30 to 40 percent of any workday;" the vocational expert found that Meador would not be able to find employment under that hypothetical. R. 79.
"In order for a vocational expert's opinion to be relevant or helpful, it must be based upon a consideration of all other evidence in the record."
Meador also argues that the ALJ stated she would have made a finding of disability if she had accepted Meador's contentions.
In this civil action, the court's role is limited to determining whether the ALJ erred by finding that Meador did not meet or medically equal one of the listings, determining she could perform her past relevant work given her RFC, and deciding that she could perform work that exists in substantial numbers in the national economy. In this case, substantial evidence supports the ALJ's opinion. I do not suggest that Meador is totally free from pain and distress. The objective medical record simply fails to document during the relevant period the existence of conditions that would reasonably be expected to result in total disability from all forms of substantial gainful employment. It appears that the ALJ properly considered all of the objective and subjective evidence in adjudicating Meador's claim for benefits and in determining that her physical and mental impairments would not prevent her from performing any work. Substantial evidence supports the ALJ's decision on all grounds. For the foregoing reasons, Plaintiff's Motion for Summary Judgment will be denied; Defendant's Motion for Summary Judgment will be granted, and this action will be dismissed and stricken from the active docket of the Court.