ROBERT S. BALLOU, Magistrate Judge.
Plaintiff David L. Hendricks ("Hendricks"), proceeding pro se, challenges the final decision of the Commissioner of Social Security ("Commissioner") determining that he was not disabled and therefore not eligible for disability insurance benefits ("DIB") under the Social Security Act ("Act"). 42 U.S.C. §§ 401-433. Hendricks asserts that the Administrative Law Judge ("ALJ") erred by failing to properly (1) recognize his pain from a mental and physical standpoint, (2) examine findings of fact and conclusions of law, (3) explain the credibility assessment, (4) consider evidence from Rehab Associates of Central Virginia, and (5) consider evidence from the University of Virginia ("UVA") spine center.
This court limits its review to a determination of whether substantial evidence exists to support the Commissioner's conclusion that Hendricks failed to demonstrate that he was disabled under the Act.
Hendricks filed for DIB on May 13, 2011, claiming that his disability began on April 17, 2011.
On June 13, 2013, the ALJ entered his decision analyzing Hendricks' claim under the familiar five-step process
Hendricks argues that the ALJ erred because he failed to recognize his pain from a mental and physical standpoint and because the ALJ did not properly explain his credibility assessment. At the hearing before the ALJ, Hendricks testified that he could only stand for an hour at the most (R. 48), that he had burning pain in his back (R. 49), and that he occasionally lost feeling in his left leg, which sometimes caused him to fall.
The ALJ determines the facts and resolves inconsistencies between a claimant's alleged impairments and his ability to work.
In this case, the ALJ recognized that Hendricks suffers from a severe impairment that causes him pain. R. 28. However, the issue for the ALJ is not whether Hendricks experiences pain, but whether that pain is so severe as to be disabling. The ALJ found that Hendricks' statements regarding his pain were not entirely credible and were not supported by the relatively conservative treatment he received, the findings made by his doctors, or the reports of the reviewing physicians in the record. R. 31-38. The ALJ thoroughly reviewed Hendricks' medical records in support of his conclusion on Hendricks' credibility and pain.
A reviewing court gives great weight to the ALJ's assessment of a claimant's credibility and should not interfere with that assessment where the evidence in the record supports the ALJ's conclusions.
Hendricks' treatment records do not reflect disabling pain. On April 18, 2011, Hendricks saw Brenda S. Waller, M.D., complaining of shoulder and back pain that was 4 on a scale of 1 to 10. R. 298. Dr. Waller noted that "[m]edications are continuing to help" and she restricted Hendricks to lifting only thirty pounds at work. R. 301. On June 16, 2011, Hendricks followed up with Dr. Waller, again complaining of shoulder pain that accompanied activity. R. 302. Dr. Waller prescribed Flexeril and Oxycodone.
Hendricks underwent an MRI on November 28, 2011, which revealed normal spinal alignment, no disc herniation, and no compromise of the central canal or neural foramen. R. 347. Other radiological imaging revealed normal results on April 21, 2011, and June 23, 2010. R. 348-49. Hendricks continued to see Dr. Waller and Trudy Shahady, M.D., for pain and anxiety. On March 22, 2012, Hendricks reported to Kenneth Swanson, FNP, and Dr. Shahady, that he was "very happy" with the Klonopin he had been prescribed for his anxiety and that he was getting along better with his family. R. 487. On April 5, 2012, Dr. Waller's records indicate that Hendricks was "stable with current medications" and that "Klonopin is helping with anxiety and working well with current medications." R. 456.
Overall, Hendricks' medical records indicate routine and conservative treatment, which the ALJ found "does not support a contention of total debility." R. 37. These treatment records do not support Hendricks' claim that his pain was so severe as to be disabling. Instead, they support the ALJ's conclusion that Hendricks' statements regarding the severity of his pain were not entirely credible.
Hendricks' statements about his daily activities also undermine his complaints of debilitating pain. R. 225-232. On June 22, 2011, Hendricks reported that he could help around the house "a little", make sure his children ate lunch, read, watch TV, prepare microwave meals, vacuum, put away his children's toys, go shopping with his fiancé, go to church every Sunday, and go to the store once or twice per week.
The ALJ also considered the opinions of two state agency physicians who reviewed Hendricks' record and found him to be not disabled. R. 37. On August 2, 2011, Thomas M. Phillips, M.D., reviewed Hendricks' record and concluded that he was not disabled. R. 78. Dr. Phillips determined that Hendricks' pain and symptoms did create some limitations in his ability to perform his past work, but that he was able to perform other work that is less demanding. R. 80. On December 14, 2011, Robert Keeley, M.C., also determined that Hendricks was not disabled, despite acknowledging Hendricks' pain. R. 91. The ALJ gave partial weight to these assessments. R. 37. The ALJ also considered the medical source statement from Dr. Waller, Hendricks' treating physician. Dr. Waller concluded on April 15, 2013, that Hendricks' lifting abilities were severely limited (i.e. to rarely lifting ten to fifty pounds), that he could stand or walk less than two hours in an eight-hour workday, and that he would need to miss more than three days of work per month. R. 482-85. However, the ALJ gave little weight to this opinion because the report contradicted an April 2011 restriction on Hendricks' lifting ability and because the report clearly relied, at least in part, on Hendricks' personal reports to Dr. Waller, and not on the objective evidence contained in Dr. Waller's other treatment notes. For example, Dr. Waller's report states that Hendricks' limitations have existed for ten years, despite her note that she has only been treating him for three years. R. 485. Dr. Waller's medical source statement also conflicts with her notes that reflect conservative and effective treatment and with the other evidence in the record, and substantial evidence supports the ALJ's decision to give the statement little weight.
The ALJ does not assert that Hendricks is pain free. On the contrary, the ALJ recognized that Hendricks suffers from severe conditions that limit his ability to function. The issue, however, is not whether Hendricks has physical impairments or experiences pain, but whether those impairments and pain prevent him from performing the light jobs identified by the vocational expert.
It is not the role of this court to determine whether Hendricks' testimony was fully credible.
Next, Hendricks argues that the ALJ did not properly look at or use evidence from Kevin M. Cope, PT, at Rehab Associates of Central Virginia ("Rehab Associates"), (Exhibit 12F) and from Rebecca Lehman, PA-C, at the UVA Spine Center Orthopedics ("UVA") (Exhibits 18F and 19F).
"While the ALJ must evaluate all of the evidence in the case record, the ALJ is not required to comment in the decision on every piece of evidence in the record, and the ALJ's failure to discuss a specific piece of evidence is not an indication that the evidence was not considered."
Here, the ALJ clearly addressed some of the medical records from Rehab Associates.
R. 34. In this paragraph of his opinion, the ALJ referred to Exhibit 11F, pages 3 through 9, and noted that Hendricks had taken an Oswestry test, which is found in the record at Exhibit 12F. Hendricks argues that the ALJ erred by failing to consider additional records from Rehab Associates at Exhibit 12F, pages 8 through 54. However, it is unclear from the opinion whether the ALJ actually failed to consider Exhibit 12F because he notes in his opinion the results of the Oswestry test which was included as part of Exhibit 12F. The remainder of Exhibit 12F includes only additional treatment records and progress notes from Rehab Associates (R. 390-436) and there is nothing in these additional records that contradicts or calls into question the records in Exhibit 11F. The ALJ ultimately found that Hendricks does suffer from the severe impairment of right shoulder difficulty and other myalgias (R. 28), and any failure to discuss the documents at Exhibit 12F was not error. In fact, Exhibit 12F supports the ALJ's conclusions that Hendricks experienced pain from his shoulder and back, and that his course of treatment was conservative and not indicative of total disability.
Hendricks next faults the ALJ for failing to discuss the UVA records at Exhibit 18F and Exhibit 19F. These records consist of minimal treatment records from the UVA Spine Center. Exhibit 18F includes pre-visit instructions, an appointment confirmation, and treatment notes from Ms. Lehman. Exhibit 19F includes records from a July 24, 2013 visit and a July 30, 2013 follow up appointment also with Ms. Lehman. R. 496-500. During these visits, Ms. Lehman concluded that Hendricks has "mild facet wear and tear or arthritis." R. 498. Ms. Lehman believed that this, along with Hendricks' paraspinal muscles, is what was causing his back pain.
To the extent Hendricks believes the ALJ did not properly consider Mr. Cope's and Ms. Lehman's opinions on the severity of his disability, the ALJ was not required to give these opinions controlling weight. Neither a physical therapist nor a physician's assistant is considered an acceptable medical source under the Act.
Finally, Hendricks argues that the ALJ failed to properly examine the findings of fact and conclusions of law. Pl.'s Br. 2. I have reviewed the entire record in this case, the ALJ's opinion, and the applicable law and I find that the ALJ committed no error and that substantial evidence supports the ALJ's conclusions.
For the foregoing reasons, I