ROBERT S. BALLOU, Magistrate Judge.
Plaintiff Andrew K. ("Andrew") filed this action challenging the final decision of the Commissioner of Social Security ("Commissioner") finding him not disabled and therefore ineligible for supplemental security income ("SSI") and disability insurance benefits ("DIB") under the Social Security Act ("Act").
I conclude that substantial evidence supports the Commissioner's decision in all respects. Accordingly, I
This court limits its review to a determination of whether substantial evidence exists to support the Commissioner's conclusion that Andrew failed to demonstrate that he was disabled under the Act.
Andrew filed for SSI and DIB in March 2013, claiming his disability began on August 21, 2012, due to back problems and a pinched nerve in his neck.
The ALJ found that Andrew was insured at the time of the alleged disability onset and that he suffered from the severe impairments of degenerative disc disease, obesity, and lumbago.
The ALJ concluded that Andrew retained the residual functional capacity ("RFC") to perform a limited range of light work. R. 18. Specifically, the ALJ found that Andrew can lift/carry 10 pounds frequently and 20 pounds occasionally, sit/stand/walk for six hours in an eight hour workday, can only frequently climb ladders, ropes, scaffolds, ramps, and stairs, and only frequently bend, stoop, kneel, crouch, and crawl. R. 18. The ALJ determined that Andrew was unable to perform his past relevant work as a truck driver and dispatcher, but that he could perform jobs that exist in significant numbers in the national economy, such as mail clerk, office assistant, and information clerk. R. 22-23. Thus, the ALJ concluded that Andrew was not disabled. R. 24. Andrew appealed the ALJ's decision and the Appeals Council denied his request for review on November 21, 2016. R. 1-4.
Andrew alleges that the ALJ failed to properly: (1) weigh the opinion of his treating physician Glen Tate, M.D.; and (2) evaluate Andrew's credibility.
Andrew, who has a history of back and neck pain, consistently saw his treating physician, Dr. Tate, for these issues even before his alleged onset date.
In October 2013, Gene Godwin, M.D., a state agency doctor, reviewed the record and found that Andrew was capable of a limited range of medium work. R. 93-97.
Dr. Tate provided two medical source statements, in July 2014 and May 2015. R. 375, 439. In July 2014, Dr. Tate found that Andrew could stand for only 15 minutes, and sit for only 30 minutes at a time, and lift five pounds only occasionally. R. 375. However, in May 2015, Dr. Tate found Andrew could lift up to 20 pounds occasionally, but would miss more than two days a month due to his disabilities, would need to take multiple unscheduled breaks, and would need to lie on the floor several times a day for 30 to 40 minutes. R. 439-40.
Andrew argues that the ALJ's decision to give little weight to Dr. Tate's opinions, as set forth in his medical source statements from July 2014 and May 2015, is not supported by substantial evidence. The Commissioner counters that Dr. Tate's opinion was not entirely consistent with the record, which amounted to "benign objective findings," and substantial evidence supports the ALJ's decision.
The social security regulations require that an ALJ give the opinion of a treating source controlling weight if he finds the opinion "well-supported by medically acceptable clinical and laboratory diagnostic techniques" and "not inconsistent with the other substantial evidence in [the] case record." 20 C.F.R. § 404.1527(c)(2);
Here, the ALJ appropriately considered these factors and the record, in determining the weight to give to the opinion of Dr. Tate. The ALJ gave Dr. Tate's opinion little weight, emphasizing the "relatively normal findings on examination." R. 21. In support, the ALJ referenced the mild findings in the cervical spine x-ray, and also wrote that the opinions were "inconsistent with the progress notes revealing that [Andrew] did not take prescribed pain medication regularly."
Andrew objects that he did take his "medication as prescribed," including the hydrocodone. Pl's Br. at 11, Dkt. No. 15. However, this argument misinterprets the ALJ's finding. The ALJ did not write that Andrew failed to take his medication as prescribed. She wrote that Andrew "did not take his prescribed pain medication regularly." R. 21. There are multiple instances in the record indicating that Andrew did not, in fact, take his hydrocodone medication regularly, which was prescribed "as needed for pain." R. 314, 318, 344. Dr. Tate wrote in his notes from the May 2013 visit that Andrew, "[h]as required hydrocodone off an[d] on [since 1999] to control pain. Right now doing pretty good. Able to do without any Vicodin over past week." R. 318. In another May 2013 visit, Dr. Tate writes that Andrew is "currently taking Vicodin intermittently. Has not taken any in past seven days." R. 315. In September 2013, Dr. Tate indicated that Andrew was taking hydrocodone "once daily at night." R. 342. Thus, the ALJ did not find that Andrew was abusing his prescription, or not taking his medication as directed. Instead, the ALJ found, as is supported in the record, that Andrew did not consistently take his pain medication regularly, such as when he did not require it to control pain.
Andrew also contests the ALJ's characterization of Dr. Tate's examination findings as "relatively normal," noting that the record shows that on examination Andrew had tenderness in the neck, cervical spine, and lumbar spine, muscle spasms in the lumbar and cervical spine, and decreased range of motion in the neck, cervical and lumbar spine. Pl.'s Br. at 12, Dkt. No. 15. Andrew argues, "[i]n almost every treatment note from Dr. Tate, there is a notation of some abnormal finding consistent with his back and neck impairments." Pl.'s Br. at 12, Dkt. No. 15. However, this is not a case where the ALJ found no functional limitations or failed to recognize the claimant's complaints of pain; in fact, the ALJ specifically noted Dr. Tate's examinations showing limited range of motion, tenderness and muscle spasm, positive straight leg raise, grip strength weakness, and leaning while sitting. R. 19-20. Further, the ALJ clearly recognized that Andrew did not have exclusively normal findings on examination by finding severe impairments including degenerative disc disease and lumbago and imposing functional limitations amounting to a limited range of light work. R. 15, 18. Finally, the ALJ agreed to hold open the record for submission of a nerve conduction study and MRI scan, and ordered a consultative orthopedic examination for September 29, 2015; however, the nerve conduction study and MRI scan were never submitted, and Andrew failed to attend the consultative examination.
Here, the ALJ adequately considered the factors outlined in 20 C.F.R. § 416.927(c)(2) and justified the amount of weight afforded with specific reasons, including that Dr. Tate's medical opinion was not consistent with his relatively normal findings on examination.
The ALJ considered the opinion of Dr. Tate, together with the evidence in the record, and determined that Andrew was capable of a limited range of light work. This is the ALJ's job: to review the medical evidence of record, weigh the medical opinions, and determine an RFC that represents Andrew's functional capacity. Having reviewed the record as a whole, I find that substantial evidence supports the ALJ's decision to give the opinion of Dr. Tate little weight.
Andrew argues that the ALJ's credibility findings are not supported by substantial evidence.
It is for the ALJ to determine the facts of a particular case and to resolve inconsistencies between a claimant's alleged impairments and his ability to work.
In this case, the ALJ found Andrew's statements regarding the severity of his limitations not entirely credible in light of his treatment history and the objective medical evidence. The ALJ's opinion includes a detailed consideration of Andrew's medical history, as well as Andrew's own allegations and the ALJ adequately supported her credibility finding. The ALJ emphasized that Andrew's course of treatment has been conservative, and "mainly consisted of prescribed medications," with "relatively benign objective findings before and after the alleged onset date." R. 22. This case is distinguished from
873 F.3d at 263. While, here, as asserted by Andrew, the ALJ did mention in her opinion some activities of daily living that arguably do not show that Andrew could "persist through an eight hour workday," unlike in
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.
The ALJ's opinion was thorough and applied the proper legal standard, and I will not re-weigh the evidence or disturb her credibility finding. Therefore, I find that substantial evidence exists to support the ALJ's determination that Andrew's testimony is only partially credible, and that Andrew is capable of performing work at the level stated in the ALJ's opinion.
For the foregoing reasons, Andrew's Motion for Summary Judgment is
Here, SSR 16-3P was issued after the ALJ's consideration of Andrew's claim, and both the ALJ's opinion and the parties' briefs speak in terms of a "credibility" evaluation. Accordingly, I will analyze the ALJ's decision based on the provisions of SSR 96-7p, which required assessment of the claimant's credibility."
However, the methodology required by both SSR 16-3P and SSR 96-7P, are quite similar. Under either, the ALJ is required to consider Andrew's report of his own symptoms against the backdrop of the entire case record; in SSR 16-3, this resulted in a "credibility" analysis, in SSR 16-3, this allows the adjudicator to evaluate "consistency."