Patoski v. Berryhill
Patoski v. Berryhill
Opinion of the Court
Plaintiff Susan W. Patoski ("Patoski" or "plaintiff") seeks judicial review of the denial of her application for disability insurance benefits by defendant, Nancy A. Berryhill ("the Commissioner" or "defendant"), in her official capacity as Commissioner of the Social Security Administration ("SSA"). Pending before the Court are plaintiff's motion to reverse or remand the Commissioner's decision and defendant's motion to affirm the same. For the reasons that follow, plaintiff's motion will be denied and the Commissioner's motion will be allowed.
I. Background
A. Employment History and Alleged Disability
Patoski was born in 1950. She resides in Marblehead, Massachusetts, is married *288and has one child. She finished college and graduate school and worked as a financial services analyst from 1985 to 1997. From the beginning of her employment, Patoski had accommodations to account for her psychiatric and physical disorders. Beginning in 1985, Patoski's health declined and, by 1997, she was unable to work as a financial analyst. Patoski tried unsuccessfully to go back to school in 2000 and has not maintained full time employment since 1997. She filed an application for social security disability ("SSD") under Title II of the Social Security Act ("the Act"),
B. Procedural Background
Patoski's initial application for disability benefits was filed on November 8, 2013. Her disability claim was predicated on her obsessive compulsive disorder ("OCD"), depression, cervical disc damage, headaches, breast cancer and severe anxiety stemming from those conditions. Her application was denied in October, 2014, and, upon reconsideration, further denied in June, 2015. She filed a request for a hearing and review of the SSA's decision. That hearing was held on August 16, 2016, before Administrative Law Judge Sujata Rodgers ("the ALJ"). In September, 2016, the ALJ issued a partially favorable decision finding that Patoski was disabled from May 1, 2001, through May 1, 2002. The ALJ also found, however, that Patoski's symptoms after May 2, 2002, were not disabling. Patoski appealed the ALJ's decision to the Social Security Administration Appeals Council ("the Appeals Council"). In March, 2017, the Appeals Council issued a ruling adopting the ALJ's decision and clarifying that Patoski is not entitled to any disability benefits.
C. The ALJ's Decision
The ALJ found that Patoski was disabled while undergoing treatment for breast cancer from May 1, 2001, through May 1, 2002 ("the treatment period"). Having so found, the ALJ applied an eight-step analysis to determine whether Patoski's disability continued through December 31, 2002, which is her date last insured ("DLI"). The ALJ then found that Patoski was not disabled beginning on May 2, 2002, through December 31, 2002 ("the post-treatment period"), and continuing through the date of the decision. The ALJ relied upon testimony presented at the disability hearing as well as medical reports from doctors and health professionals.
At step one of the analysis, the ALJ determined that Patoski was not engaged in substantial gainful activity. At step two, the ALJ determined that Patoski did not have an impairment or combination of impairments that met or medically equaled the severity of the listed impairments in
*289Before reaching step seven, the ALJ found that, after the treatment period, Patoski was no longer permitted to be absent from work at least two days per month for treatment of her medical impairments. Patoski's residual functional capacity ("RFC") was otherwise unchanged between the treatment period and the post-treatment period. At step seven, the ALJ concluded Patoski was unable to perform her past relevant work. At step eight, the ALJ determined that, considering Patoski's background and the post-treatment RFC finding, Patoski was able to perform a significant number of jobs in the national economy that existed during the post-treatment period and after her DLI.
Furthermore, the ALJ determined that Patoski remained insured through December 31, 2002, which is her DLI. Patoski was therefore required to establish disability on or before the DLI in order to be entitled to a period of disability and disability insurance benefits. See
D. The Appeals Council's Decision
Patoski timely appealed the ALJ's decision and review was granted by the Social Security Administration Appeals Council ("the Appeals Council"). In March, 2017, the Appeals Council adopted the ALJ's decision regarding all issues in this case and modified the decision to clarify that Patoski was not entitled to a period of disability or benefits from May 1, 2001, to May 1, 2002, because she applied too long after her disability ceased. See
Patoski filed her complaint in this action on May 5, 2017, alleging that the ALJ failed to consider pertinent evidence and did not properly conduct the analysis under
II. Pending Motions
A. Legal Standard
The Act gives United States District Courts ("District Courts") the power to affirm, modify or reverse an ALJ's decision or to remand the case for a rehearing.
B. Application
Patoski claims that the ALJ erred in finding her capable of light work and not disabled during and after the post-treatment period by 1) failing to rely on substantial medical evidence in the record to support the mental RFC finding, 2) failing to rely on expert evidence to support the physical RFC finding and 3) affording undue weight to the opinions of certain doctors in supporting both the physical and mental RFC finding. Patoski further contends that the Appeals Council erred in its *290decision because it failed to consider her arguments or provide notice of the issues it would consider on appeal.
1. Medical Evidence in the Record
Patoski contends the ALJ's conclusion is not based on substantial medical evidence in the record but rather on a layman's view of the importance of isolated events. The Commissioner denies those allegations and responds that the ALJ's conclusions were supported by substantial evidence in the record, including Dr. Joan Kellerman's opinion, Patoski's testimony and her Global Assessment of Functioning ("GAF") scores. Moreover, the Commissioner submits that even if the ALJ erred, Patoski cannot establish reversible error because she cannot establish that any error caused her prejudice.
To determine whether an individual is disabled, the ALJ must support his/her decision with substantial evidence in the record. See
such relevant evidence as a reasonable mind might accept as adequate to support a conclusion [and must constitute] more than a mere scintilla.
Richardson v. Perales,
Dr. Kellerman, a state agency psychologist, reviewed evidence in the record and found Patoski did not have any mental limitations beyond those described in the post-treatment RFC finding. Because Dr. Kellerman is a state agency psychologist, it was appropriate for the ALJ to adopt Dr. Kellerman's opinion. See
Moreover, Patoski testified that she was capable of performing many daily activities during and after the post-treatment period, including driving, shopping, handling finances and attending dinner with family and friends. Adjudicators are entitled to rely on evidence of daily activities to determine an individual's degree of impairment. See
Finally, Patoski's GAF score was 60 during and after the post-treatment period, which the ALJ determined indicates only a moderate impairment in overall functioning. Although GAF scores are not determinative, it is appropriate for the ALJ to consider an individual's GAF score when assessing functional ability. See Dietz v. Astrue, No. 08-30123,
Accordingly, the ALJ's decision was appropriately based on substantial evidence in the record because Dr. Kellerman's opinion, Patoski's description of her daily activities and her GAF score collectively constitute more than a scintilla of evidence. See Richardson,
2. The Weight of Expert Opinions in the Record
Patoski also avers that the ALJ erred in weighing the medical opinions in the record because she gave little weight to opinion evidence from 1) Dr. Maria Lynn Buttolph, a Massachusetts General Hospital ("MGH") psychiatrist who treated Patoski during and after the post-treatment period, 2) Dr. Linda Shafer, an MGH psychiatrist who treated Patoski after the post-treatment period, 3) Dr. Anne Chosak, an *291MGH psychologist who treated Patoski during the post-treatment period, 4) Dr. Feng Ge, Patoski's primary care physician since July, 2008, and 5) Dr. Karen Krag, Patoski's primary oncologist from 2001 to 2014. The Commissioner denies those characterizations and maintains that the ALJ appropriately weighed all the evidence in the record. Moreover, the Commissioner submits that even if the ALJ erred, Patoski cannot establish reversible error because she cannot establish that any error caused her prejudice.
To determine whether an individual is disabled, the ALJ must weigh several potentially conflicting medical opinions. Rodriguez v. Sec'y of Health & Human Servs.,
a. Expert Opinions Consistent with the Record as a Whole
Patoski claims the opinions of Dr. Buttolph, Dr. Shafer, Dr. Chosak, Dr. Ge and Dr. Krag are consistent with the record as a whole and should be given more weight because Dr. Kellerman's contradictory opinion did not consider all the evidence in the record and Patoski's activities of daily living should not outweigh medical evidence in the record. Patoski also contends that the ALJ's partial dismissal of the opinion of Dr. Krag was based on a layman's view of isolated events rather than on substantial medical evidence in the record. The Commissioner denies those allegations and maintains that the ALJ gave appropriate weight to Dr. Kellerman's opinion and to Patoski's daily activities and appropriately discounted the opinions of Dr. Buttolph, Dr. Shafer, Dr. Chosak, Dr. Ge and Dr. Krag because they are inconsistent with substantial evidence in the record.
The ALJ may discount an opinion if it is inconsistent with the opinion of the record as a whole. See Purdy v. Berryhill,
for what light (if any) it sheds on the question whether claimant's impairment(s) reached disabling severity before claimant's insured status expired.
Rivera v. Sec'y of Health & Human Servs.,
It was appropriate for the ALJ to discount the opinions of Dr. Buttolph, Dr. Shafer and Dr. Chosak because they *292were not fully consistent with the substantial evidence in the case record, including Dr. Kellerman's opinion, Patoski's description of her daily activities and GAF scores and evidence showing Patoski improved with medication. See
Likewise, it was appropriate for the ALJ to discount the portion of Dr. Krag's opinion referencing Patoski's fatigue during and after the post-treatment period because the record does not document significant fatigue during the post-treatment period. Patoski proffers three documents referring to her fatigue during the post-treatment period: 1) Dr. Krag's opinion, 2) Dr. Buttolph's opinion and 3) Patoski's own handwritten note complaining of fatigue. None of those documents reference severe fatigue during or after the post-treatment period and the ALJ concluded that Patoski did not suffer from severe fatigue during that period. Accordingly, the conclusion of the ALJ was appropriately based on the fact that no medical evidence in the record documented Patoski having severe fatigue during or after the post-treatment period. See
Moreover, it was appropriate for the ALJ to withhold deference to the portion of the opinions of Drs. Krag, Buttolph, Shafer and Ge maintaining that Patoski was unable to work full-time during the post-treatment period because inability to work is not a medical opinion. Morales-Alejandro v. Med. Card Sys., Inc.,
This Court concludes that there is substantial evidence in the record to support the decision of the ALJ. She appropriately discounted the opinions of Drs. Buttolph, Shafer, Chosak, Ge and Krag because those opinions were inconsistent with substantial evidence in the record.
b. Medical Opinions Based on a Limited Treatment Relationship
In addition, Patoski claims that the opinions of her four doctors should not be discounted because they maintained significant treatment relationships with Patoski either prior to or after the post-treatment period. The Commissioner maintains that because those doctors had a limited treatment relationship with Patoski during the post-treatment period, their opinions regarding the post-treatment period should be discounted. The Commissioner also minimizes the relevancy of those treatment relationships after the post-treatment period in assessing Patoski's disability during the post-treatment period.
The ALJ is allowed to consider the length of treatment relationship when determining how much weight to afford to a physician's opinion. See *293Nelson v. Colvin, No. 14-10254,
The ALJ found that Drs. Buttolph, Shafer and Ge each had a limited treatment relationship with Patoski before and during the post-treatment period. Dr. Buttolph, for example, had one encounter with Patoski before the post-treatment period and two encounters with Patoski during the post-treatment period. The ALJ can discount a medical opinion based on frequency of examination and length and nature of the treatment relationship. See
Moreover, it was suitable for the ALJ to discount the opinions of Drs. Buttolph, Shafer and Ge regarding the time after the post-treatment period. The ALJ may assess medical evidence after the DLI to determine if the claimant was disabled prior to the DLI, Rivera,
The ALJ found that Dr. Chosak did not have treatment notes supporting her opinion of Patoski and that Dr. Buttolph provided only summaries of her visits with Patoski. The ALJ can discount a medical opinion when it is not corroborated by adequate supporting explanations or laboratory findings. See
The ALJ's conclusions must be accepted so long as there is "substantial evidence" in the record to support them. Rodriguez Pagan v. Sec'y of Health & Human Servs.,
2. Decision of Appeals Council
Patoski asserts that the Appeals Council failed to consider her arguments and did not provide adequate notice that it was limiting its consideration to the issues included in the notice of proposed action. The Commissioner denies those allegations and maintains that the Appeals Council considered the evidence in the record and provided adequate notice to Patoski regarding the issues it would review on appeal.
The Appeals Council held that the decision of the ALJ was supported by substantial evidence in the record and adopted her decision in full. The Appeals Council went on to clarify that Patoski was not entitled to disability or benefits from May 1, 2001, to May 2, 2002, because her claim was untimely. Because the Appeals *294Council reviewed the evidence in the record, it was entitled to adopt in full or modify the decision and findings of the ALJ's decision. See
Patoski's contention that the notice was inadequate is unavailing. The Appeals Council provided notice that it would limit the issues it considers to evidence in the record and the timeliness of Patoski's claim. The Appeals Council sent its notice of proposed action to Patoski on November 7, 2016 ("the notice"). The Appeals Council proposed to issue a decision adopting the decision of the ALJ in full and finding Patoski time-barred from receiving disability insurance benefits pursuant to
The Appeals Council notified Patoski that it would consider any comments or new and material evidence submitted within 30 days from the date of the notice. In its decision, the Appeals Council noted it had received no comments or additional evidence from Patoski. Because the Appeals Council limited its decision to issues it mentioned in the notice, the Appeals Council provided adequate notice to Patoski regarding what issues it would consider. See
ORDER
In accordance with the foregoing, plaintiff's motion for judgment on the pleadings for a reversal or remand of the Commissioner's decision (Docket No. 11) is DENIED and defendant's motion for an order affirming the decision of the Commissioner (Docket No. 21) is ALLOWED .
So ordered.
Reference
- Full Case Name
- Susan W. PATOSKI v. Nancy A. BERRYHILL
- Cited By
- 11 cases
- Status
- Published