Jablonski v. Social Security Administration, Commissioner
MEMORANDUM OPINION. Signed by Magistrate Judge T Michael Putnam on 6/27/17. (MRR, )
2017 Jun-27 PM 12:25
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
CLARE R. JABLONSKI,
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Case No. 2:16-cv-670-TMP
The plaintiff, Clare R. Jablonski, appeals from the decision of the
Commissioner of the Social Security Administration (“Commissioner”) denying her
application for Supplemental Security Income (“SSI”).
Ms. Jablonski timely
pursued and exhausted her administrative remedies, and the decision of the
Commissioner is ripe for review pursuant to 42 U.S.C. '' 405(g), 1383(c)(3). The
parties have consented to the jurisdiction of the undersigned magistrate judge
pursuant to 28 U.S.C. ' 626(c).
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Ms. Jablonski was 24 years old at the time of the Administrative Law Judge’s
(“ALJ’s”) decision, and she has at least a high school education.1 (Tr. at 96). Her
past work experience is as a campus police officer at Pennsylvania State University.
(Tr. at 187). Ms. Jablonski claims that she became disabled on August 20, 2012,
due to bipolar disorder, attention deficit hyperactivity disorder (AADHD@),
post-traumatic stress disorder (APTSD@), sleep apnea, and asthma. (Tr. at 186).
When evaluating the disability of individuals over the age of eighteen, the
regulations prescribe a five-step sequential evaluation process. See 20 C.F.R.
'' 404.1520, 416.920; see also Doughty v. Apfel, 245 F.3d 1274, 1278 (11th Cir.
2001). The first step requires a determination of whether the claimant is “doing
substantial gainful activity.” 20 C.F.R. '' 404.1520(a)(4)(i), 416.920(a)(4)(i). If
he or she is, the claimant is not disabled and the evaluation stops. Id. If she is not,
the Commissioner next considers the effect of all of the physical and mental
impairments combined. 20 C.F.R. '' 404.1520(a)(4)(ii), 416.920(a)(4)(ii). These
impairments must be severe and must meet the durational requirements before a
claimant will be found to be disabled. Id. The decision depends upon the medical
evidence in the record. See Hart v. Finch, 440 F.2d 1340, 1341 (5th Cir. 1971). If
There are references in the record to her having completed three years of college at
Pennsylvania State University, with a double major in criminal justice and sociology.
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the claimant’s impairments are not severe, the analysis stops.
'' 404.1520(a)(4)(ii), 416.920(a)(4)(ii). Otherwise, the analysis continues to step
three, which is a determination of whether the claimant’s impairments meet or equal
the severity of an impairment listed in 20 C.F.R. pt. 404, Subpart P, Appendix 1. 20
C.F.R. '' 404.1520(a)(4)(iii), 416.920(a)(4)(iii). If the claimant’s impairments fall
within this category, she will be found disabled without further consideration. Id.
If she does not, a determination of the claimant’s residual functional capacity
(“RFC”) will be made and the analysis proceeds to the fourth step. 20 C.F.R.
'' 404.1520(e), 416.920(e). Residual functional capacity is an assessment based
on all relevant evidence of a claimant=s remaining ability to do work despite his or
her impairments. 20 C.F.R. ' 404.1545(a).
The fourth step requires a determination of whether the claimant’s
impairments prevent him or her from returning to past relevant work. 20 C.F.R.
'' 404.1520(a)(4)(iv), 416.920(a)(4)(iv).
If the claimant can still do her past
relevant work, the claimant is not disabled and the evaluation stops. Id. If the
claimant cannot do past relevant work, then the analysis proceeds to the fifth step.
Id. Step five requires the court to consider the claimant’s RFC, as well as the
claimant’s age, education, and past work experience, in order to determine if she can
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do other work. 20 C.F.R. '' 404.1520(a)(4)(v), 416.920(a)(4)(v). If the claimant
can do other work, the claimant is not disabled. Id. The burden of demonstrating
that other jobs exist which the claimant can perform is on the Commissioner; and,
once that burden is met, the claimant must prove her inability to perform those jobs
in order to be found to be disabled. Jones v. Apfel, 190 F.3d 1224, 1228 (11th Cir.
Applying the sequential evaluation process, the ALJ found that Ms. Jablonski
has not been under a disability within the meaning of the Social Security Act from
the date of her application through the date of her decision. (Tr. at 97). The ALJ
determined that Ms. Jablonski has not engaged in substantial gainful activity since
the alleged onset of her disability. (Tr. at 90). According to the ALJ, claimant’s
bipolar disorder, ADHD, sleep apnea, schizoaffective disorder, PTSD and
personality disorder are considered “severe” based on the requirements set forth in
the regulations. (Id.) She further determined that these impairments neither meet
nor medically equal any of the listed impairments in 20 C.F.R. Part 404, Subpart P,
Appendix 1. (Tr. at 91). More specifically, the ALJ determined that the severity of
the mental impairments, considered singly and in combination, did not meet or
medically equal Listings 12.04, 12.06, or 12.08.
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The ALJ further
considered whether the criteria of “paragraph B” were met, but determined that the
claimant’s mental impairments did not cause at least two “marked” limitations, and
did not result in “repeated” episodes of decompensation of extended duration. The
ALJ went on to evaluate the “paragragh C” criteria, finding that the claimant had not
demonstrated the “inability to function” outside of a highly supportive living
arrangement for a year or more, and had not shown the evidence of, or likelihood of,
repeated decompensation episodes that would satisfy the “paragraph C”
requirement. (Tr. at 91).
The ALJ did not find Ms. Jablonski’s allegations to be totally credible (Tr. at
94), and she determined that the claimant has the residual functional capacity to
perform a full range of work at all exertional levels. (Tr. at 92). The ALJ further
found that the claimant should be subject to the following non-exertional limitations:
that she can understand, remember, and carry out simple instructions; she can
maintain attention and concentration for two-hour periods at a time; she can perform
jobs that do not require interacting with the general public; she can have occasional
and casual interaction with coworkers; she can make simple work-related decisions;
she can adapt to routine and infrequent workplace changes; and she can perform jobs
that do not require a production pace. (Tr. at 92).
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According to the ALJ, Ms. Jablonski does not have any past relevant work;
she is a “younger individual age 18-49” at the date of application, and she has at least
a high school education and is able to communicate in English, as those terms are
defined by the regulations. (Tr. at 95-96). She determined that “transferability of
skills is not material to the determination of disability” in this case.
(Tr. at 96).
The ALJ found that there are a significant number of jobs in the national economy
that she is capable of performing, such as laundry worker, night cleaner, and
cleaner/housekeeper. (Id.) The ALJ concluded her findings by stating that the
claimant is “not disabled” under the Social Security Act. (Id.)
Following that decision, Ms. Jablonski requested that the ALJ reopen her case
on the basis of new and relevant evidence, and submitted a letter written by Dr.
Romaine Hain and Stewart Evans, LPC. The ALJ declined, and the claimant filed a
request for review to the Commissioner’s Appeals Council. The Appeals Council
denied the request for review. Ms. Jablonski then filed this appeal from the final
decision denying her claims.
Standard of Review
This court’s role in reviewing claims brought under the Social Security Act is
a narrow one. The scope of its review is limited to determining (1) whether there is
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substantial evidence in the record as a whole to support the findings of the
Commissioner, and (2) whether the correct legal standards were applied. See
Richardson v. Perales, 402 U.S. 389, 390, 401 (1971); Wilson v. Barnhart, 284 F.3d
1219, 1221 (11th Cir. 2002). The court approaches the factual findings of the
Commissioner with deference, but applies close scrutiny to the legal conclusions.
See Miles v. Chater, 84 F.3d 1397, 1400 (11th Cir. 1996). The Court may not
decide facts, weigh evidence, or substitute its judgment for that of the
Commissioner. Id. “The substantial evidence standard permits administrative
decision makers to act with considerable latitude, and ‘the possibility of drawing two
inconsistent conclusions from the evidence does not prevent an administrative
agency=s finding from being supported by substantial evidence.’” Parker v. Bowen,
793 F.2d 1177, 1181 (11th Cir. 1986) (Gibson, J., dissenting) (quoting Consolo v.
Fed. Mar. Comm’n, 383 U.S. 607, 620 (1966)). Indeed, even if this Court finds that
the evidence preponderates against the Commissioner=s decision, the Court must
affirm if the decision is supported by substantial evidence. Miles, 84 F.3d at 1400.
No decision is automatic, however, for “despite this deferential standard [for review
of claims] it is imperative that the Court scrutinize the record in its entirety to
determine the reasonableness of the decision reached.” Bridges v. Bowen, 815 F.2d
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622, 624 (11th Cir. 1987). Moreover, failure to apply the correct legal standards is
grounds for reversal. See Bowen v. Heckler, 748 F.2d 629, 635 (11th Cir. 1984).
Ms. Jablonski alleges that the ALJ’s decision should be reversed and
remanded because the ALJ failed to give proper weight to her treating psychiatrist’s
opinion and substituted her own opinion for the doctor’s opinion. (Doc. 12, pp.
5-11). She further asserts that the ALJ erred in refusing to reopen the case after
Dr. Hain submitted a letter in support of Ms. Jablonski’s application in September of
2014, and that the Appeals Council failed to explain its failure to grant the
application in light of Dr. Hain’s letter. The Commissioner has replied that the ALJ
properly evaluated the medical evidence, evaluated the claimant’s RFC in
accordance with the regulations, and reached a conclusion that is supported by law.
(Doc. 13). The Commissioner further asserts that the Appeals Council properly
denied review because, even considering the September letter, the ALJ’s decision is
supported by substantial evidence.
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A. Medical History
In order to put the ALJ’s decision into context, the history of Ms. Jablonski’s
treatment for mental illness must be reviewed. 2 Ms. Jablonski was diagnosed with
bipolar disorder in 2007, when she was 17 years old. At the time, she was living
with her mother and siblings in Pennsylvania, after relocating with the family from
Virginia. She was regularly treated in Pennsylvania by Dr. Candace R. Good, a
psychiatrist, from 2007 until 2012.
(Tr. at 333-61).
Dr. Good prescribed
medications for bipolar disorder and ADHD, and also provided therapy.
living in Pennsylvania, Ms. Jablonski attended college and worked as a campus
police officer at Pennsylvania State University. She lived independently in an
apartment with a roommate for about three years. She stopped seeing Dr. Good in
2012 when she moved with her mother and siblings to Alabama. Once in Alabama,
she lived with her mother and siblings. She began to receive regular psychiatric
care from Dr. Kira Fonbah, who noted that the claimant’s depressive episodes were
“triggered by interpersonal interactions with family members.” (Tr. at 383).
conjunction with her treatment from Dr. Fonbah, Ms. Jablonski also visited Patricia
The claimant does not make any assertion in this appeal that the ALJ failed to
properly assess her sleep apnea, asthma, or obesity, and she does not argue that she is disabled as a
result of those physical impairments.
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Cornett, Ph.D., for psychotherapy sessions, in which she often described her desire
to return to school and to live independently, as well complaining of arguments with
her mother. (Tr. at 389-400). When Dr. Cornett left UAB, Ms. Jablonski was
referred to, and had one appointment with, Adrian Thurstin, Ph.D. In March of
2013, Dr. Thurstin described Ms. Jablonski as having “significant conflicts” with her
mother and siblings “as well as other people.” (Tr. at 402).
Between March 17 and June 13, 2013, there are no records that Ms. Jablonski
received any therapy or medical treatment. On June 14, 2013, however, she was
admitted to UAB Hospital after she called 911 and reported that she was having a
“nervous breakdown.” (Tr. at 432). The hospital visit apparently was precipitated
by a confrontation with her mother. Ms. Jablonski reported severe depression and
anger, and said she had attempted suicide at age 11 and again in 2012. 3 She was
admitted for in-patient psychiatric treatment. She remained at the hospital for six
days, during which her depressive symptoms improved. Ms. Jablonski’s mother
told the hospital staff during her hospitalization that she would not allow her
daughter to return to live her with because of conflicts Ms. Jablonski had with her
siblings. Ms. Jablonski remained in the hospital for six days pending “assistance w/
Ms. Jablonski apparently did not report any suicide attempts to other doctors, and
generally denied suicidal ideations.
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placement,” and was then released to a residential living facility for adults with
mental illness. (Tr. at 435, 461). Ms. Jablonski apparently resided in the program
operated by the Jefferson-Blount-St. Clair Mental Health Authority (AJBS@) in
Birmingham after her discharge, but there are no records of her psychiatric treatment
until she moved into another residential facility in Oneonta more than six months
In January of 2014, she was admitted to the Stonebrook program in Oneonta,
Alabama, which is a “supervised residential living arrangement.” (Tr. at 422-24).
She remained at JBS Stonebrook through the time of her hearing before the ALJ.
While living in the Stonebrook apartment with a roommate, she received daily
assistance with her medication, supervision with cleaning and maintaining her
apartment, and sessions with a doctor and counselors.5 She went to a gym twice a
week to swim for exercise. About once a month, she received psychiatric treatment
from Dr. Hain.
Records of a residential intake found at Tr. 414-419 indicate that she was a resident
at two other JBS mental health residential facilities, Wahouma and Southside, between June 2013
and January 2014.
The intake form signed by Dr. Hain indicates that the JBS “staff will monitor
client’s daily level of functioning—that is, reality orientation, personal hygiene, social
interactions, affect appropriateness—and give feedback that either redirects or reinforces [client’s]
progress.” (Tr. at 423).
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Dr. Hain apparently first saw Ms. Jablonski on January 28, 2014, a few days
after she began living at Stonebrook. (Tr. at 428).
He reported that she was
“settling in, no problems reported.” She denied problems, except “vague [auditory
hallucinations].” (Id.) Ms. Jablonski “denied mood swings, euphoria, paranoia,
insomnia, IS, HI, violent urges, med SEs.” 6 (Id.) Dr. Hain reported the Ms.
Jablonski had a “casual, appropriate appearance,” “good eye contact,” was “alert,
calm, cooperative, cheerful,” did not appear to be responding to internal stimuli, and
had goal-directed thought processes. (Id.) He made no changes to her medication.
Dr. Hain saw Ms. Jablonski again a month later, on February 25, 2014, when
he reported she had “settled in without difficulty,” “denied problems, though says
she may be hearing some vague AH,” and again reported that she “denied mood
swings, euphoria, paranoia, insomnia, IS, HI, violent urges, med SEs.”
described her as “alert, calm, cooperative [and] cheerful.” She reported occasional
migraines, for which he recommended she be referred to a primary care physician.
The court presumes that the doctor’s references to “SI” and “HI” are references to
suicidal ideations or homicidal ideations. His reference to “med SEs” are presumed to refer to
side effects of medication. It further appears that “IS” is a reference to internal stimuli.
(Compare tr. at 428 to tr. at 425 - 27).
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Dr. Hain indicated that a follow-up visit would occur in a month. (Tr. at 427). He
made no changes to her medication. (Id.)
Dr. Hain next saw the claimant on March 18, 2014, when he reported that she
“has been a little down with decreased energy which she blames on being upset by
an issue regarding her mother.” (Tr. at 426). He further reported that she enjoys
“interactions with peer bridger, socializes with peers, and enjoys doing art work.”
He again reported that she was denying “mood swings, euphoria, paranoia,
insomnia, IS, HI, violent urges, med SEs” and that she had a “casual, appropriate
appearance,” “good eye contact,” was “alert, calm, cooperative, cheerful,” and did
not appear to be responding to internal stimuli. (Tr. at 426). Again, he made no
change to her medication. (Id.)
Dr. Hain=s next visit with Ms. Jablonski was about six weeks later, on May 2,
2014. He reported that “[n]o problems” had been reported by the patient or staff,
and that she “denied mood swings, euphoria, paranoia, insomnia, SI, HI, violent
urges, med SEs.” (Tr. at 425). Dr. Hain again reported that Ms. Jablonski had a
“casual, appropriate appearance,” “good eye contact,” was “alert, calm, cooperative,
cheerful,” and did not appear to be responding to internal stimuli. (Id.)
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In June of 2014, Dr. Hain completed a Mental Health Source Statement in
which he indicated that Ms. Jablonski had “marked@ limitations in the following
The ability to maintain attention and concentration for extended
The ability to perform activities within a schedule, maintain
regular attendance, and be punctual within customary tolerances.
The ability to sustain an ordinary routine without special
The ability to work in coordination or proximity to others
without being distracted by them.
The ability to complete a normal workday and workweek
without interruptions from psychologically based symptoms and to
perform at a consistent pace without an unreasonable number and
length of rest periods.
The ability to interact appropriately with the general public.
The ability to accept instructions and respond appropriately to
criticism from supervisors.
The ability to maintain socially appropriate behavior and to
adhere to basic standards of neatness and cleanliness.
The ability to set realistic goals or make plans independently of
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(Tr. at 474-75).
After the ALJ denied Ms. Jablonski=s application for benefits, her attorney
submitted a letter dated September 4, 2014, from Dr. Hain and Stewart Evans, a
counselor from Stonebrook. (Tr at 476). The letter stated that Ms. Jablonski had
been “compliant with all Rules and Regulations” at Stonebrook, and had been taking
her medications as prescribed. The letter further stated, in part:
While at Stonebrook, Ms. Jablonski=s moods have fluctuated
dramatically and her medications are continuing to be fine tuned. She
has complained at times of visual, auditory and tactile hallucinations.
We have seen her sobbing hysterically and depressed to euthymic.
Primary issues have especially been her Father’s emotional and
physical abuse, the family dysfunction, her feelings of abandonment by
her Mother, her lack of social network, and support, especially after
moving to Birmingham and her sexual abuse at an early age.
The environment at Stonebrook in Oneonta is very supportive of those
with severe mental illness. Ms. Jablonski has had the support of
nursing staff full time, 3 shifts of mental health technicians, the
Program Coordinator, the Clinical Coordinator and a Treatment Team
consisting of the Psychiatrist, the Primary Therapist, a behavioral
analyst and a certified Peer Bridger that all see her at least once a month
if not more.
Notwithstanding that Ms. Jablonski was able to hold a job for three
years several years ago[,] during the seven months that she has been in
this program she has displayed emotional instability that would not be
compatible with employment.
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(Tr. at 476-77). Attached to the letter was a list of medications given at Stonebrook
on an “as needed” basis, which included being given an anti-anxiety medication,
lorazepam (1 mg), on eighteen occasions during the seven months preceding the
B. Treating Physician=s Assessment
The claimant asserts that the Commissioner failed to give proper weight to the
opinion of her treating psychiatrist, Dr. Hain, who has opined in a Medical Source
Opinion (“MSO”) that Ms. Jablonski has “marked” limitations in several areas, and
that her emotional instability is not “compatible” with employment. The ALJ gave
Dr. Hain’s MSO assessment little weight, stating that the physician’s statements
regarding Ms. Jablonski’s “marked” limitations were inconsistent with his treatment
notes. (Tr. at 95).
Under prevailing law, a treating physician’s testimony is entitled to
“substantial or considerable weight unless ‘good cause’ is shown to the contrary.”
Crawford v. Commissioner of Social Security, 363 F.3d 1155, 1159 (11th Cir.
1997)(internal quotations omitted). The weight to be afforded a medical opinion
regarding the nature and severity of a claimant’s impairments depends, among other
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things, upon the examining and treating relationship the medical source had with the
claimant, the evidence the medical source presents to support the opinion, how
consistent the opinion is with the record as a whole, and the specialty of the medical
source. See 20 C.F.R. '' 404.1527(d), 416.927(d). “Good cause” exists for an
ALJ to not give a treating physician’s opinion substantial weight when the “(1)
treating physician=s opinion was not bolstered by the evidence; (2) evidence
supported a contrary finding; or (3) ... was conclusory or inconsistent with the
doctor=s own medical records.” Phillips v. Barnhart, 357 F.3d 1232, 1241 (11th Cir.
2004) citing Lewis, 125 F.3d at 1440; see also Edwards v. Sullivan, 937 F.2d 580,
583-84 (11th Cir. 1991)(holding that “good cause” exists where the opinion was
contradicted by other notations in the physician’s own record).
In this case, the opinion expressed in Dr. Hain’s MSO is inconsistent with his
The ALJ noted that Dr. Hain consistently recorded that Ms.
Jablonski was making good progress. While the ALJ spoke in that generality and
did not give specific references to Dr. Hain’s notes, the doctor’s notes are
summarized herein and support a finding that Ms. Jablonski was functioning well at
Stonebrook. None of his treatment notes called for an increase or change in
medication or for an increase or change in counseling sessions. None of his notes
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include any reference to the “marked” limitations that he notes in the MSO, and he
specifically stated that she has had no problems reported either by the patient herself
or by the staff that supervise her daily.
Plaintiff argues that an assessment of her functioning within the confines of a
mental health program does not equate to an assessment of her ability to function in
the workplace. This point is well taken, in that the well-controlled environment of a
residential program may provide extra stability for an otherwise unstable patient.
However, Dr. Hain simply never noted that Ms. Jablonski had any problems of any
kind except that she may have heard “vague auditory hallucinations.” In every
treatment note, he reported that she was “alert, calm, cooperative, [and] cheerful.”
The records do not reflect that Ms. Jablonski’s condition worsened or deteriorated in
any way after her brief hospitalization. To the contrary, the general assessment of
her condition indicates that Ms. Jablonski was stressed by her family situation and
that, once she was removed from that living arrangement, she improved.
Opinions such as whether a claimant is disabled, the claimant’s residual
functional capacity, and the application of vocational factors “are not medical
opinions, . . . but are, instead, opinions on issues reserved to the Commissioner;”
thus the court “may not decide facts anew, reweigh the evidence, or substitute [its]
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judgment for that of the Commissioner.” Dyer v. Barnhart, 395 F.3d 1206, 1210
(11th Cir. 2005).
The court instead looks to the doctors’ evaluations of the
claimant’s condition and the medical consequences thereof, not their opinions of the
legal consequences of [her] condition.” Lewis, 125 F.3d at 1440. Such statements
by a physician are relevant to the ALJ’s findings, but they are not determinative,
because it is the ALJ who bears the responsibility of assessing a claimant’s residual
functional capacity. See, e.g., 20 C.F.R. ' 404.1546(c).
In this case, the ALJ
carefully reviewed the treating physician’s records and heeded the medical opinions
therein. It is only the opinion regarding Ms. Jablonski’s capacity to do work that
was given little weight. The ALJ clearly articulated “good cause” for the limited
weight she gave to Dr. Hain=s disability assessment; therefore, the ALJ did not err in
failing to give the treating physician’s opinion more weight.7
Although plaintiff did not make the argument that the ALJ improperly failed to
re-contact Dr. Hain or seek further medical information, the court considered that possibility. It is
well settled that such a duty arises only where the evidence is insufficient to make a disability
decision. Shaw v. Astrue, 392 Fed. App=x 684, 688-89 (11th Cir. 2008). In this case, there was
no finding that the medical evidence was inadequate or incomplete, but simply that the medical
evidence did not support the claim of disability. The duty to re-contact does not arise simply
because the ALJ accords the evidence limited weight. 20 C.F.R. ' 404.1520(b).
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D. Additional Evidence
Finally, the claimant asserts that the Appeals Council failed to adequately
consider the new evidence presented on appeal—the letter from Dr. Hain and Mr.
Evans. (Tr. at 476-77). The Appeals Council, however, recited that it considered
the “additional evidence” and found it did not “provide a basis for changing” the
(Tr. at 2).
As the Commissioner points out, the letter is
completely inconsistent with the medical records. While the letter asserts that Ms.
Jablonski’s “moods have fluctuated dramatically” and that her medications are
“continuing to be fine tuned,” there is no evidence from any of the records that she
behaved in the erratic manner described while under Dr. Hain’s care. In addition,
the doctor’s notes indicate that her medications were never increased, decreased, or
changed in any way. In fact, while she had lorazepam available to her “as needed”
for anxiety, she took that pill only 18 times over the course of almost nine months.
Moreover, the letter’s reference to “sexual abuse at an early age” is not supported by
any of her medical records. Over the years of Ms. Jablonski’s therapy and a
hospitalization, she did report that her father had been verbally and emotionally
abusive to her, but she never reported any sexual abuse.
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While the ALJ could have considered the letter when it was offered, it is
insufficient to support a finding that Ms. Jablonski is disabled and that the ALJ’s
determination was not supported by substantial evidence. The Appeals Council
properly denied review because, even considering the letter, the ALJ’s decision was
supported by substantial evidence and comports with the statutes and regulations.
Accordingly, the Appeals Council did not err in denying Ms. Jablonski’s request for
Upon review of the administrative record, and considering all of Ms.
Jablonski’s arguments, the Commissioner’s decision is due to be and hereby is
AFFIRMED and the action is DISMISSED WITH PREJUDICE.
judgment will be entered.
DATED the 27th day of June, 2017.
T. MICHAEL PUTNAM
UNITED STATES MAGISTRATE JUDGE
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