Coger v. Comm'r of Soc. Sec.
Coger v. Comm'r of Soc. Sec.
Opinion of the Court
INTRODUCTION
Represented by counsel, Plaintiff Ubrona Coger ("Plaintiff") brings this action pursuant to Titles II and XVI of the Social Security Act (the "Act"), seeking review of the final decision of the Commissioner of Social Security (the "Commissioner," or "Defendant") denying her applications for disability insurance benefits ("DIB") and supplemental security income ("SSI"). (Dkt. 1). This Court has jurisdiction over the matter pursuant to
*430BACKGROUND
Plaintiff protectively filed her applications for DIB and SSI on September 26, 2013. (Dkt. 7 at 109-10).
LEGAL STANDARD
I. District Court Review
"In reviewing a final decision of the [Social Security Administration ("SSA") ], this Court is limited to determining whether the SSA's conclusions were supported by substantial evidence in the record and were based on a correct legal standard." Talavera v. Astrue ,
II. Disability Determination
An ALJ follows a five-step sequential evaluation to determine whether a claimant is disabled within the meaning of the Act. See Bowen v. City of New York ,
At step three, the ALJ examines whether a claimant's impairment meets or medically equals the criteria of a listed *431impairment in Appendix 1 of Subpart P of Regulation No. 4 (the "Listings").
The ALJ then proceeds to step four and determines whether the claimant's RFC permits the claimant to perform the requirements of his or her past relevant work.
DISCUSSION
I. The ALJ's Decision
In determining whether Plaintiff was disabled, the ALJ applied the five-step sequential evaluation set forth in
At step two, the ALJ found that Plaintiff suffered from the severe impairments of: "ulnar nerve repair of the left wrist status post December 22, 2010 motor vehicle accident; bilateral median neuropathy of the bilateral wrists, left greater than right; myalgia and Sjorgren's syndrome; recurrent headaches; recurrent chronic pain in ankles post-MVA; obesity ; depressive disorder ; anxiety disorder; and, cannabis use." (Id. ). The ALJ further found that Plaintiff's medically determinable impairments of pelvic inflammatory disease, endometriosis, and polycystic ovarian syndrome were non-severe. (Id. at 27). With respect to Plaintiff's representations that she suffered from fibromyalgia, rheumatoid arthritis, and systemic lupus erythematosus, the ALJ concluded that these were not medically determinable impairments. (Id. at 27-29).
At step three, the ALJ found that Plaintiff did not have an impairment or combination of impairments that met or medically equaled the severity of any Listing. (Id. at 29). The ALJ particularly considered the criteria of Listings 1.02B, 12.04, 12.06, and 14.10 in reaching her conclusion, as well as considering the effect of Plaintiff's obesity as required by Social Security Ruling ("SSR") 02-1p. (Id. at 29-33).
Before proceeding to step four, the ALJ determined that Plaintiff retained the RFC to perform a range of light work as defined in
is capable of sitting for up to six hours in an eight-hour workday; standing and/or walking for up to six hours in an eight-hour workday; and can lift and/or carry up to ten pounds frequently and twenty pounds occasionally. [Plaintiff]
*432requires a sit/stand option that allows her to change position every 90 minutes for up to 5 minutes without leaving the workstation. She cannot balance on narrow, slippery or moving surfaces. She can occasionally stoop, crouch, climb, kneel and crawl. She can frequently, but not constantly, finger and handle, bilaterally. She can perform simple and detailed tasks, but not complex tasks. She can adjust to occasional changes in the work setting.
(Id. at 33). At step four, the ALJ found that Plaintiff was unable to perform any past relevant work. (Id. at 42).
At step five, the ALJ relied on the testimony of a vocational expert ("VE") to conclude that, considering Plaintiff's age, education, work experience, and RFC, there were jobs that exist in significant numbers in the national economy that Plaintiff could perform, including the representative occupations of counter clerk and surveillance system monitor. (Id. at 43-44). Accordingly, the ALJ found that Plaintiff was not disabled as defined in the Act. (Id. at 44).
II. The Commissioner's Determination is Supported by Substantial Evidence and Free from Legal Error
Plaintiff asks the Court to remand this matter to the Commissioner, arguing that (1) the ALJ erred in weighing the medical opinion of treating nurse practitioner ("NP") Marcel Rozario, and (2) the ALJ failed to properly assess the credibility of Plaintiff's subjective complaints. The Court has considered each of these arguments and, for the reasons discussed below, finds them without merit.
A. Weighing of NP Rozario's Opinion
In assessing a disability claim, an ALJ must consider and weigh the various medical opinions of record. Pursuant to the Commissioner's regulations:
the ALJ must consider various factors in deciding how much weight to give to any medical opinion in the record, regardless of its source, including: (i) the frequency of examination and the length, nature and extent of the treatment relationship; (ii) the evidence in support of the ... physician's opinion; (iii) the consistency of the opinion with the record as a whole; (iv) whether the opinion is from a specialist; and (v) other factors brought to the Social Security Administration's attention that tend to support or contradict the opinion.
Pike v. Colvin , No. 14-CV-159-JTC,
Under the Commissioner's regulations applicable to Plaintiff's claim, nurse practitioners are not considered "acceptable medical sources," and their opinions are therefore not "entitled to any particular weight[.]" Wider v. Colvin ,
In this case, NP Rozario, who had treated Plaintiff for several years, issued multiple opinions with regard to Plaintiff's functional capabilities. On June 21, 2013, NP Rozario completed a New York State Office of Temporary and Disability Assistance ("NYSOTDA") Medical Examination for Employability Assessment, Disability Screening, and Alcoholism/Drug Addiction Determination form related to Plaintiff. (Dkt. 7 at 606-607). On this form, NP Rozario checked boxes indicating that Plaintiff was "very limited" in her abilities to lift, carry, push, pull, bend, use her hands, and climb, "moderately limited" in her abilities to walk and stand, and had "no evidence of limitations" in her abilities to sit, see, hear, and speak. (Id. at 607).
On September 17, 2014, NP Rozario completed another NYSOTDA form related to Plaintiff. (Id. at 455-56). This time, NP Rozario checked boxes indicating that Plaintiff was "very limited" in her abilities to stand, sit, lift, carry, push, pull, bend, see, hear, speak, use her hands, and climb, and "moderately limited" in her ability to walk. (Id. at 456).
On March 19, 2015, NP Rozario completed yet another NYSOTDA form related to Plaintiff. (Id. at 570-71). On this form, NP Rozario identified limitations identical to those set forth in the June 21, 2013 form. (Id. at 571).
On August 24, 2015, NP Rozario completed a Medical Source Statement form related to Plaintiff. (Id. at 668-71). NP Rozario indicated on this form that Plaintiff was physically and mentally unable to work. (Id. at 669). He opined that Plaintiff's impairments would cause her to be off-task for more than 30% of the workday. (Id. ). NP Rozario further indicated that Plaintiff could walk less than one city block without rest or severe pain and that she could sit or stand for only ten minutes before needing to change positions. (Id. ). According to NP Rozario, Plaintiff could sit for less than two hours in an eight-hour workday and would need to walk for ten minutes at five-minute intervals. (Id. at 670). NP Rozario further opined that Plaintiff could never lift or carry less than ten pounds, and could never twist, stoop, crouch, squat, or climb ladders or stairs. (Id. ). He stated that Plaintiff could use her hands bilaterally to grasp objects only 25% of the time and could use her fingers bilaterally for fine manipulations only 20% of the time. (Id. at 671). Plaintiff could never use her arms bilaterally to reach. (Id. ). NP Rozario indicated that Plaintiff's impairments would cause her to be absent from work more than four days per month. (Id. ).
In her decision, the ALJ accorded little weight to NP Rozario's various opinions. (Id. at 38-39). The ALJ explained that NP Rozario's opinions were unsupported by his own contemporaneous examinations of Plaintiff. (Id. ). In particular, the ALJ noted that NP Rozario had recorded significant examination findings on only a single occasion, in the context of an acute incident that had caused lumbar spine pain, *434and that his examinations of Plaintiff had otherwise been unremarkable. (Id. ). The ALJ further explained that NP Rozario's opinions were also inconsistent with treatment records from Plaintiff's other primary care providers, as well as her rheumatologists and nephrologists. (Id. ).
The Court finds no error in the ALJ's assessment of NP Rozario's opinion. It is appropriate for an ALJ to accord limited weight to an opinion where it is "inconsistent with [the source's] examination findings." Glena ,
NP Rozario did see Plaintiff on March 20, 2015, for an acute complaint of lower back pain. (Id. at 576). On this one occasion, Plaintiff had an antalgic gait, with a limitation of flexion and extension of the lumbar spine due to pain. (Id. at 577). However, Plaintiff still showed 5/5 motor strength throughout her extremities and had normal reflexes and intact sensation, which no motor or sensory deficits noted. (Id. ). Moreover, at her next appointment with NP Rozario on August 24, 2015, Plaintiff's physical examination results were once again essentially normal, with no back pain noted. (Id. at 668-89). It was reasonable for the ALJ to find that this single abnormal exam was insufficient to support the extreme restrictions found in NP Rozario's opinions.
The ALJ also appropriately found that NP Rozario's opinions were inconsistent with the record as a whole. See, e.g. , Ross v. Colvin , No. 6:13-CV-00755 NAM,
The ALJ in this case thoroughly discussed and considered NP Rozario's opinions, and her reasons for affording them limited weight were proper and well-supported by the record. Under these circumstances, the Court finds no error in the ALJ's decision. See Saxon v. Astrue ,
B. Evaluation of Plaintiff's Credibility
Plaintiff's second and final argument is that the ALJ erred in assessing the credibility of her subjective complaints. For the reasons set forth below, the Court finds no error in the ALJ's credibility assessment.
The ALJ, who has the "opportunity to observe witnesses' demeanor, candor, fairness, intelligence and manner of testifying," is "best-positioned to make accurate credibility determinations." Whiting v. Astrue , No. CIV.A. 1:12-274,
In assessing the credibility of a claimant's subjective complaints, the Commissioner's regulations require ALJs to employ a two-step inquiry. Meadors v. Astrue ,
In this case, the ALJ applied the two-step inquiry. At the first step, she found that Plaintiff's "medically determinable impairments could reasonably be expected to cause some of the alleged symptoms" but that "the objective evidence is inconsistent with [Plaintiff's] statements regarding the extent of her limitations." (Dkt. 7 at 34, 37). Accordingly, the ALJ assessed Plaintiff's credibility, and concluded that there were "several reasons why [Plaintiff's] allegations of debilitating symptoms" were not fully credible. (Id. at 41). First, the ALJ noted that Plaintiff had "described daily activities that are not limited to the extent one would expect, given the complaints of disabling symptoms and limitations." (Id. ). Second, the ALJ noted that Plaintiff's last employment had ended not because of her impairments, but because of a general layoff at her employer, and that Plaintiff had continued to seek work thereafter. (Id. ). Third, the ALJ observed that Plaintiff's treatment had been "routine and/or conservative in nature," consisting essentially of medication and routine follow-up visits. (Id. at 41-42).
Plaintiff argues that the ALJ improperly relied upon her activities of daily living in performing her credibility *436assessment, because "a claimant need not be an invalid, incapable of performing any daily activities, in order to receive benefits under the [Act]." (Dkt. 10-1 at 16). This argument is misplaced. While it is true that the capability to perform activities of daily living is not inherently inconsistent with a finding of disability, "[t]he law is clear that the ALJ may consider ... [a claimant's] purported activities of daily living for the purposes of a credibility determination." Cahill v. Astrue , No. 1:11-CV-148,
Here, the ALJ properly found that Plaintiff's claims regarding her symptoms were inconsistent with the other evidence of record, including her own reports of her activities of daily living. Despite Plaintiff's claim that her impairments were completely disabling, she also reported that she was able to cook, clean, shop, and provide care to her child, who suffers from Attention Deficit Hyperactivity Disorder. (See Dkt. 7 at 37, 234, 374-75). These activities are inconsistent with the severity of symptoms Plaintiff claimed. See Rusin v. Berryhill ,
Plaintiff contends that the ALJ mischaracterized her activities of daily living, because Plaintiff testified that her husband performed most of the cooking and cleaning and because her son spends a large part of the day in school. The Court is not persuaded by these arguments. Plaintiff's testimony before the ALJ was inconsistent with her prior reports, including to the consultative examiner, whom she told that she was able to "cook three times a week, clean three to four times a week, do laundry once a week, and ... shop[ ] twice a month," in addition to "provid[ing] daily child care." (Id. at 375). It was well within the ALJ's discretion to credit these prior reports by Plaintiff as to opposed to the more restrictive mode of living she reported at the hearing. See Perozzi v. Berryhill ,
Plaintiff's argument also ignores the other reasons the ALJ identified for finding her less than fully credible, including Plaintiff's inconsistent statements regarding the termination of her last employment.
*437While Plaintiff claimed in her initial application that she had stopped working due to her medical impairments (Dkt. 7 at 226), she subsequently told the ALJ that she had been laid off due to lack of work (id. at 74-75). The inconsistency in these reports inherently calls into question Plaintiff's credibility. See Morris ,
The ALJ also correctly noted that Plaintiff had received only conservative treatment for her allegedly disabling impairments. "[A] claimant may be deemed 'less credible if the level or frequency of treatment is inconsistent with the level of complaints[.]' " Sickles v. Colvin , No. 12-CV-774 MAD/CFH,
In sum, the Court finds no error in the ALJ's credibility assessment. The ALJ applied the two-step inquiry and set forth well-supported reasons for finding Plaintiff's subjective allegations less than fully credible. Plaintiff has not shown that remand on this basis is warranted.
CONCLUSION
For the foregoing reasons, the Commissioner's motion for judgment on the pleadings (Dkt. 13) is granted and Plaintiff's motion for judgment on the pleadings (Dkt. 10) is denied. The Clerk of Court is directed to enter judgment and close this case.
SO ORDERED.
When referencing the page number(s) of docket citations in this Decision and Order, the Court will cite to the CM/ECF-generated page numbers that appear in the upper righthand corner of each document.
Reference
- Full Case Name
- Ubrona COGER v. COMMISSIONER OF SOCIAL SECURITY
- Cited By
- 30 cases
- Status
- Published