Cowley v. Berryhill
Cowley v. Berryhill
Opinion of the Court
Plaintiff appeals from a denial of disability benefits by the Commissioner of Social Security ("the Commissioner"). The action is one brought pursuant to
On March 16, 2013, plaintiff, then twenty-four years old, filed an application for Supplemental Security Income benefits under Title II of the Social Security Act, alleging an inability to work since January 1, 2003. (Administrative Transcript, Dkt. # 8 at 18).
DISCUSSION
Determination of whether a claimant is disabled within the meaning of the Social Security Act follows a well-known five-step sequential evaluation, familiarity with which is presumed. See Bowen v. City of New York ,
The ALJ's decision exhaustively summarizes plaintiff's medical records, particularly her treatment records for asthma, bipolar disorder, major depressive disorder, anxiety disorder with panic attacks, attention deficit hyperactivity disorder, substance abuse disorder in remission, and impulse control disorder, which the ALJ concluded together constituted a severe impairment not meeting or equaling a listed impairment. (Dkt. # 8 at 20).
Upon consideration of the record and after careful application of the "special technique" prescribed for nonexertional *383impairments ( Kohler v. Astrue ,
Given this RFC, vocational expert Peter A. Manzi testified that plaintiff could perform the positions of mail clerk, photocopy machine operator, and collator operator. (Dkt. # 8 at 28).
I believe the evidence supports the ALJ's findings concerning the nature and extent of plaintiff's limitations, and that her finding that the plaintiff was not disabled was supported by substantial evidence and was not the product of legal error.
I. The ALJ's Evaluation of Medical Opinions
On appeal, plaintiff chiefly argues that the ALJ failed to properly assess the medical opinions of plaintiff's treating therapist, licensed clinical social worker Debra McKnight, and/or failed to sufficiently explain her reasoning for giving Ms. McKnight's opinions only "[s]ome weight." (Dkt. # 8 at 25). She also alleges that the ALJ erred in purporting to credit the opinion of consulting psychologist Dr. Yu-Ying Lin, but failing to incorporate into her RFC finding Dr. Lin's opinion that plaintiff was "moderately limited in appropriately dealing with stress." (Dkt. # 8 at 327).
I do not find that the ALJ's assessment of Ms. McKnight's opinions was erroneous. First, licensed clinical social workers are not considered acceptable "medical sources" pursuant to
Ms. McKnight's opinions stated that plaintiff is "seriously limited" with respect to working with others, completing a normal workday without interruptions, performing at a consistent pace, accepting instructions and responding appropriately to supervisors, getting along with coworkers, responding to changes in a work setting, dealing with normal work-related stress, carrying out detailed instructions, and dealing with the stresses of semiskilled or skilled work. (Dkt. # 8 at 334). Ms. McKnight further opined that plaintiff's impairments would cause her to be absent from work for more than four days per month. (Dkt. # 8 at 336, 358).
The ALJ set forth, in detail, her reasons for declining to fully credit Ms. McKnight's opinions. These included the *384fact that the second form completed by Ms. McKnight (the first was almost entirely blank and incomplete) was based on a brief treatment history, and was largely comprised of a series of check-box findings that were unsupported by any elaboration (even where the form requested a narrative explanation for a given finding), treatment notes or other objective findings. (Dkt. # 8 at 25). The dramatic limitations listed by Ms. McKnight also conflict with other medical opinion evidence of record, including the consultative assessment by Dr. Lin, who found that plaintiff's only limitations are mild limitations in maintaining a schedule, learning new tasks, performing complex tasks independently, making appropriate decisions and dealing with others, and a moderate limitation in dealing appropriately with stress. (Dkt. # 8 at 327). They are further undermined by the unremarkable Global Assessment of Functioning ("GAF") scores assigned by Ms. McKnight to plaintiff, and by plaintiff's regular attendance at monthly appointments. (Dkt. # 8 at 25). Finally, the ALJ noted that such extensive limitations are not supported by plaintiff's self-reported daily activities, which include caring for herself and her family. (Dkt. # 8 at 21).
With respect to Dr. Lin's opinion that plaintiff is moderately limited with respect to stress, I find that the ALJ largely accounted for such a limitation in her RFC finding. The RFC limited plaintiff to simple, unskilled tasks with no more than occasional changes in the work setting and without an hourly, machine-driven assembly line production rate. (Dkt. # 8 at 22). To the extent that the ALJ's failure to include a "low stress" limitation in plaintiff's RFC in order to fully account for the limitations opined by Dr. Lin is alleged to be erroneous, any such error is harmless. It is well settled that the positions identified by the vocational expert, including mail clerk, photocopy machine operator, and collator operator (Dkt. # 8 at 28), are unskilled jobs that are suitable for claimants with limitations to "low-stress" work. See e.g., Newell v. Colvin ,
In sum, the ALJ discussed the medical opinion evidence at length, set forth the reasoning for the weight afforded to each opinion, and cited and discussed specific evidence in the record that supported her determination. Upon a longitudinal review of the record, I do not find that the ALJ improperly substituted her "own expertise or view of the medical proof [in place of] any competent medical opinion," or that her findings were otherwise unsupported by substantial evidence. Greek v. Colvin ,
I have considered the rest of plaintiff's arguments, and find them to be without merit.
CONCLUSION
For the forgoing reasons, I find that the ALJ's decision was supported by substantial evidence, and was not based on legal error. The plaintiff's motion for judgment on the pleadings (Dkt. # 11) is denied, the Commissioner's cross motion for judgment on the pleadings (Dkt. # 13) is granted, and the Commissioner's decision that plaintiff is not disabled is affirmed in its entirety.
IT IS SO ORDERED.
Note that the Administrative Transcript portions cited herein are identified using the internal Bates-stamped pagination utilized by the parties.
Although plaintiff points out, correctly, that her daily activities were carried out in an isolated, socially "restricted setting" which required scant interaction with others, the ALJ tacitly recognized plaintiff's social limitations by finding that plaintiff has "serious restrictions in social interactions, due to social phobia and distraction," and determining an appropriately "restrictive" RFC. (Dkt. # 8 at 25). Specifically, the ALJ determined that plaintiff cannot interact with the public or perform teamwork, and can interact only occasionally with coworkers and supervisors. (Dkt. # 8 at 22).
Reference
- Full Case Name
- Tara Elaine COWLEY v. Nancy A. BERRYHILL, Acting Commissioner of Social Security
- Cited By
- 28 cases
- Status
- Published