Fillmore v. Colvin
Fillmore v. Colvin
Opinion of the Court
This action is brought pursuant to
After plaintiff's application for benefits was denied, she requested a hearing before an administrative law judge. That hearing was held before Administrative Law Judge ("ALJ") Michael W. Devlin. The ALJ issued a thorough eight-page decision (R. at 26--34) on January 27, 2015.
The ALJ followed the five-step sequential evaluation process established by the Social Security Administration for determining disability claims.
The ALJ determined, for reasons set forth in the decision, that plaintiff could not perform her past relevant work (which is not disputed), but that she had the residual functional capacity to perform light work as defined in
The ALJ's decision discusses the medical reports of record at length, including reports from a treating orthopedic physician M. Gordon Whitbeck, x-ray reports, reports of another treating physician Daniel Alexander, and reports of a consultative examination by Kalyani Ganesh. The ALJ also noted testimony of the plaintiff concerning her daily activities, as well her course of medical treatment, and medication regimen.
After reviewing the opinion of the ALJ, the record on appeal, and the papers submitted by the parties, I conclude that the ALJ's decision denying benefits is supported by substantial evidence and should be affirmed. I believe the ALJ followed the proper five-step sequential evaluation and that the evidence upon which he relied is substantial, and supports his conclusion that the plaintiff does not meet the test for disability under the Social Security Act.
Plaintiff raises three issues on appeal. First, plaintiff claims that the ALJ erred in not crediting Dr. Whitbeck's June 23, 2012 report (R.303-04), in which Dr. Whitbeck stated: "For now, I consider her to have a marked temporary disability and lifting over 15 pounds and arms before shoulder level."
The ALJ noted in his decision the minimal nature of the restrictions and limitations that plaintiff's impairments had on her daily life activities, and recognized that plaintiff's pain was managed conservatively, with a combination of prescription and over-the-counter medications.
Therefore, I conclude that the ALJ did not err in failing to incorporate the 15-pound lifting restriction mentioned fleetingly by Dr. Whitbeck into his RFC finding, since it was not a final opinion of the treating physician, but a temporary restriction. Based on all of the reports and treatment records submitted before the ALJ, his decision is supported by substantial evidence and the failure to discuss the temporary restriction does not affect that conclusion.
Plaintiff also contends that to the extent that the ALJ's hypothetical to the vocational expert did not incorporate a 15-pound lifting restriction, the hypothetical was incomplete, and the ALJ erred in relying on the vocational expert's testimony. Because I find that the ALJ's omission of a 15-pound lifting restriction from his RFC finding was not improper, its omission from the hypothetical is moot.
Plaintiff also argues that the ALJ erred in finding that plaintiff was "not entirely credible." The ALJ determined that although plaintiff's impairments could be expected to cause some of her alleged symptoms, plaintiff's testimony concerning the intensity, persistence and limiting effects of those symptoms was not entirely credible. In finding plaintiff's testimony to be exaggerated, the ALJ weighed the appropriate factors, including medical evidence which describes plaintiff as having good range of motion, reports that plaintiff was doing "fairly well," and reports by both Dr. Whitbeck and plaintiff herself that plaintiff was able to engage in a variety of household activities, including performing chores, taking care of pets, shopping and gardening. The ALJ noted that some of these activities were consistent with what might be required to obtain and maintain employment.
In light of this evidence, the ALJ did not wholly reject plaintiff's statements, but found that there are matters in evidence suggesting that plaintiff was not in the amount of distress she claimed. I believe substantial evidence supports the ALJ's determination that the plaintiff's statements about the intensity, persistence and limiting effects of her symptoms were not fully credible.
CONCLUSION
Plaintiff's motion for judgment on the pleadings and remand is denied; the Commissioner's *539cross-motion for judgment on the pleadings is granted. The Commissioner's final decision that plaintiff was not disabled is in all respects affirmed, and the Complaint is dismissed.
IT IS SO ORDERED.
"R" signifies the administrative record, filed as Dkt. # 9.
Reference
- Full Case Name
- Betty Ann FILLMORE v. Carolyn W. COLVIN, Acting Commissioner of Social Security
- Status
- Published