Gaus v. Colvin

Filing 18

ORDER that the final decision of the Commissioner of Social Security is affirmed. The Clerk shall enter judgment accordingly and shall terminate this case. Signed by Judge Neil V Wake on 10/31/14. (LSP)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Linda Marie Gaus,

10
11

No. CV-13-02456-PHX-NVW
Plaintiff,

ORDER

v.

12
13

Carolyn W. Colvin, Acting Commissioner
of Social Security,

14
Defendant.

15
16

Plaintiff Linda Marie Gaus seeks review under 42 U.S.C. § 405(g) of the final

17

decision of the Commissioner of Social Security (“the Commissioner”), which denied her

18

disability insurance benefits and supplemental security income under sections 216(i),

19

223(d), and 1614(a)(3)(A) of the Social Security Act. Because the decision of the

20

Administrative Law Judge (“ALJ”) is supported by substantial evidence and is not based

21

on legal error, the Commissioner’s decision will be affirmed.

22

I.

BACKGROUND

23

Plaintiff was born in July 1961. She has had petit mal seizures since eighth grade.

24

Plaintiff graduated from a one-year college program as a home health caregiver and

25

worked as a home health caregiver for many years. In December 2007, Plaintiff’s

26

employment was terminated when she broke her arm, her husband was out of town, and

27

she accepted an invitation to stay with the patient for whom she was providing care. She

28

alleges disability beginning December 8, 2007.

1

In 2009, Plaintiff first reported experiencing vertigo. In June 2010, when asked to

2

describe how her symptoms prevented her from carrying out her normal workday,

3

Plaintiff said “dizziness sometimes (vertigo),” her medicine made her very tired and

4

caused diarrhea, and she did not work. She reported that on an average day she showers,

5

gets dressed, does laundry, goes shopping, washes dishes, prepares meals, feeds her dogs,

6

and does housecleaning. She said she can walk about a half mile, and she no longer

7

drives. She said she assisted with trimming bushes outside her home. Plaintiff also

8

reported having several seizures a month during which she did not lose consciousness.

9

On May 19, 2010, Plaintiff applied for disability insurance benefits and

10

supplemental security income. On September 27, 2011, Plaintiff appeared with her

11

attorney and testified at a hearing before the ALJ. An impartial vocational expert also

12

testified. On January 13, 2012, the ALJ issued a decision that Plaintiff was not disabled

13

within the meaning of the Social Security Act. The Appeals Council denied Plaintiff’s

14

request for review of the hearing decision, making the ALJ’s decision the

15

Commissioner’s final decision. On December 2, 2013, Plaintiff sought review by this

16

Court.

17

II.

STANDARD OF REVIEW

18

The district court reviews only those issues raised by the party challenging the

19

ALJ’s decision. See Lewis v. Apfel, 236 F.3d 503, 517 n.13 (9th Cir. 2001). The court

20

may set aside the Commissioner’s disability determination only if the determination is

21

not supported by substantial evidence or is based on legal error. Orn v. Astrue, 495 F.3d

22

625, 630 (9th Cir. 2007). Substantial evidence is more than a scintilla, less than a

23

preponderance, and relevant evidence that a reasonable person might accept as adequate

24

to support a conclusion considering the record as a whole. Id. In determining whether

25

substantial evidence supports a decision, the court must consider the record as a whole

26

and may not affirm simply by isolating a “specific quantum of supporting evidence.” Id.

27

As a general rule, “[w]here the evidence is susceptible to more than one rational

28

interpretation, one of which supports the ALJ’s decision, the ALJ’s conclusion must be
-2-

1

upheld.” Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir. 2002) (citations omitted);

2

accord Molina v. Astrue, 674 F.3d 1104, 1111 (9th Cir. 2012) (“Even when the evidence

3

is susceptible to more than one rational interpretation, we must uphold the ALJ’s findings

4

if they are supported by inferences reasonably drawn from the record.”).

5

III.

FIVE-STEP SEQUENTIAL EVALUATION PROCESS

6

To determine whether a claimant is disabled for purposes of the Social Security

7

Act, the ALJ follows a five-step process. 20 C.F.R. § 404.1520(a). The claimant bears

8

the burden of proof on the first four steps, but the burden shifts to the Commissioner at

9

step five. Tackett v. Apfel, 180 F.3d 1094, 1098 (9th Cir. 1999).

10

At the first step, the ALJ determines whether the claimant is engaging in

11

substantial gainful activity. 20 C.F.R. § 404.1520(a)(4)(i). If so, the claimant is not

12

disabled and the inquiry ends. Id. At step two, the ALJ determines whether the claimant

13

has

14

§ 404.1520(a)(4)(ii). If not, the claimant is not disabled and the inquiry ends. Id. At step

15

three, the ALJ considers whether the claimant’s impairment or combination of

16

impairments meets or medically equals an impairment listed in Appendix 1 to Subpart P

17

of 20 C.F.R. Pt. 404. § 404.1520(a)(4)(iii). If so, the claimant is automatically found to

18

be disabled. Id. If not, the ALJ proceeds to step four. At step four, the ALJ assesses the

19

claimant’s residual functional capacity and determines whether the claimant is still

20

capable of performing past relevant work. § 404.1520(a)(4)(iv). If so, the claimant is not

21

disabled and the inquiry ends. Id. If not, the ALJ proceeds to the fifth and final step,

22

where he determines whether the claimant can perform any other work based on the

23

claimant’s residual functional capacity, age, education, and work experience.

24

§ 404.1520(a)(4)(v). If so, the claimant is not disabled. Id. If not, the claimant is

25

disabled. Id.

a

“severe”

medically

determinable

physical

or

mental

impairment.

26

At step one, the ALJ found that Plaintiff meets the insured status requirements of

27

the Social Security Act through March 31, 2012, and that she has not engaged in

28

substantial gainful activity since December 8, 2007. At step two, the ALJ found that
-3-

1

Plaintiff has the following severe impairments: seizures and vertigo. At step three, the

2

ALJ determined that Plaintiff does not have an impairment or combination of

3

impairments that meets or medically equals an impairment listed in 20 C.F.R. Part 404,

4

Subpart P, Appendix 1.

5

At step four, the ALJ found that Plaintiff:

6

has the residual functional capacity to perform medium work as defined in
20 CFR 404.1567(c) and 416.967(c) except the claimant cannot use
ladders, ropes or scaffolds. Furthermore, the claimant should avoid even
moderate exposure to hazards, including dangerous machinery and
unprotected heights. The claimant is further limited because she must
commute to and from work using public transportation. The claimant,
moreover, cannot work in a fast-paced production environment. She can
attend and concentrate for two hours and then must take a customary ten to
fifteen minute break. She can then attend and concentrate for two more
hours then must take the customary thirty to sixty minute lunch break. She
can then attend and concentrate for two hours before taking a customary ten
to fifteen minute break. She can then attend and concentrate for two more
hours, and that ends the normal eight hour workday.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

The ALJ further found that Plaintiff is capable of performing past relevant work as a
home health caregiver.
IV.

ANALYSIS
A.

The ALJ Did Not Err in Evaluating Plaintiff’s Credibility.

In evaluating the credibility of a claimant’s testimony regarding subjective pain or
other symptoms, the ALJ is required to engage in a two-step analysis: (1) determine
whether the claimant presented objective medical evidence of an impairment that could
reasonably be expected to produce some degree of the pain or other symptoms alleged;
and, if so with no evidence of malingering, (2) reject the claimant’s testimony about the
severity of the symptoms only by giving specific, clear, and convincing reasons for the
rejection. Vasquez v. Astrue, 572 F.3d 586, 591 (9th Cir. 2009). In making a credibility
determination, an ALJ “may not reject a claimant’s subjective complaints based solely on
a lack of objective medical evidence to fully corroborate the claimant’s allegations.”
Bray v. Comm’r of Soc. Sec. Admin., 554 F.3d 1219, 1227 (9th Cir. 2009) (internal
-4-

1

quotation marks and citation omitted). But “an ALJ may weigh inconsistencies between

2

the claimant’s testimony and his or her conduct, daily activities, and work record, among

3

other factors.” Id.

4

The ALJ found that Plaintiff’s medically determinable impairments could

5

reasonably be expected to cause the alleged symptoms. Then, the ALJ found Plaintiff’s

6

statements regarding the intensity, persistence, and limiting effects of the symptoms not

7

credible to the extent they are inconsistent with the ALJ’s residual functional capacity

8

assessment, i.e., that Plaintiff can perform medium work with customary breaks after two

9

hours, but not in a fast-paced production environment or around hazards. The ALJ

10

concluded that Plaintiff had magnified her alleged symptoms of petit mal seizures and

11

vertigo.

12

The ALJ found that Plaintiff’s allegation that vertigo was one of the reasons she

13

was unable to work beginning in December 2007 was not supported by the record.

14

Plaintiff testified that since December 2007 she has had seizures more frequently and she

15

suffers vertigo three to four times a week, sometimes up to eight hours in duration. The

16

ALJ found, however, that Plaintiff’s vertigo did not begin until the summer of 2009,

17

based on record evidence and Plaintiff’s attorney’s admission.1

18

December 2007 until the summer of 2009, Plaintiff’s only alleged impairment is petit mal

19

seizures.

Therefore, from

20
21
22
23
24
25
26
27

1

Although Plaintiff testified that vertigo was the second worst problem preventing
her from working in December 2007, her error was corrected shortly thereafter. The
hearing decision states that her representative “candidly admitted the claimant’s vertigo
did not start until 2009.” But Plaintiff also readily admitted her vertigo did not begin
until 2009. Her initially incorrect testimony is relevant to her credibility to show whether
she is a reliable historian, but does not establish that she exaggerated symptoms. Even if
the ALJ erred in his interpretation of her response, Plaintiff has not shown that any such
error is harmful because the ALJ identified multiple reasons for discrediting Plaintiff’s
subjective symptom testimony that are supported by substantial evidence. See Molina v.
Astrue, 674 F.3d 1104, 1115 (9th Cir. 2012).

28
-5-

1

The ALJ identified specific record evidence demonstrating that Plaintiff’s seizures

2

were under fair or good control during much of the relevant period. In December 2007,

3

Plaintiff saw her neurologist, Harry S. Morehead, Jr., M.D., and reported she had had no

4

seizures since approximately May 2007. In March 2008, Dr. Morehead reported she still

5

had had no seizures since May 2007 and her seizures seemed to be well controlled. In

6

June 2008, Dr. Morehead reported Plaintiff had three brief seizures in April and May

7

2008, the first seizures she had had since May 2007. In July 2008, Dr. Morehead

8

reported Plaintiff was not aware of having had any definite seizures since May. In

9

September 2008, Plaintiff reported a seizure in August, and Dr. Morehead increased the

10

dosage of her Keppra prescription. In December 2008, Dr. Morehead did not change

11

Plaintiff’s medication because she had not had a seizure since September. He reported

12

that her “spells are partial seizures and are relatively mild, associated with laughing.” In

13

March 2009, Dr. Morehead reported Plaintiff had had no seizures since 2008, and they

14

were minor and well controlled. He also reported that he agreed with Plaintiff that her

15

epilepsy was not severe enough at the time to require surgery.

16

In October 2009, Dr. Morehead reported that Plaintiff was having vertigo attacks

17

with nausea and vomiting, possibly caused by the Keppra or some type of gastrointestinal

18

problem. In November 2009, Plaintiff had a bout of dizziness and vertigo, with nausea

19

and vomiting for about 18 hours, and Dr. Morehead suggested reducing the Keppra. In

20

January 2010, Dr. Morehead reported that reducing the Keppra had been helpful; since

21

November Plaintiff had only experienced a slight onset of dizziness on January 28, 2010.

22

Her last seizure was also near the end of November and “was one of her minor ones as

23

usual.” In March 2010, Dr. Morehead reported that Plaintiff had had one or two seizures

24

since January, each lasting “only a couple of minutes,” and she had had about one vertigo

25

attack every week or so, each lasting 48 hours. He also reported that it appeared that

26

Plaintiff had about the same frequency of seizures on or off the Keppra, and she did not

27

miss work previously with the seizures. He recommended gradually discontinuing the

28

Keppra.
-6-

1

In April 2010, Plaintiff experienced three seizures and a reoccurrence of vertigo.

2

On June 21, 2010, Dr. Morehead restarted the Keppra. On July 1, 2010, Dr. Morehead

3

reported Plaintiff’s last seizure was on June 19, her seizures are minor, and “her vertigo

4

continues from time to time.” In November 2010, Plaintiff called Dr. Morehead for

5

prescription refills and reported a minor seizure on November 13 and continued vertigo.

6

On February 1, 2011, Dr. Morehead saw Plaintiff for the first time since July 2010.

7

Plaintiff reported that she had had seven seizures in July, one in August, one in

8

November, and two in January. He also reported that Plaintiff’s vertigo “restarted this

9

month and has occurred about 4 times.” In May 2011, Dr. Morehead reported that

10

Plaintiff brought in a “diary showing only 7 rather minor seizures since February 8” and

11

that “her vertigo has not been quite so severe.”

12

On August 4, 2011, Dr. Morehead reported that on July 30 Plaintiff “had a

13

moderately severe attack of vertigo, associated with nausea and vomiting.” He said that

14

her vertigo attacks had “become a significant problem.” He described Plaintiff’s seizures

15

as “minor spells often accompanied by laughing or nonsensical speech that lasts a few

16

seconds followed by confusion,” occurring two to three times a month, lately at or just

17

after bedtime. Dr. Morehead also reported that Plaintiff did not have any warning before

18

a spell and did not know that she had had them.2 On August 17, 2011, Plaintiff saw her

19

primary care physician, who noted “her seizure disorders are doing well” and “her vertigo

20

has been acting up a little bit, other than that she is doing well.”

21

On September 30, 2011, Plaintiff began treatment with a different neurologist,

22

who noted: “Patient complains of vertigo in the past 2 years and makes her nauseous.

23

. . . It occurs two to three times a week and it can last up to 8 hours.” The ALJ found it

24

suspicious that before the September 2011 hearing Plaintiff did not complain about

25
26
27

2

Plaintiff testified that she only knows that she has seizures because her husband
tells her afterward.

28
-7-

1

serious vertigo attacks, but after the hearing she complained of numerous vertigo attacks,

2

lasting up to eight hours.

3

The ALJ also found that Plaintiff’s medical history and examination findings in

4

the record did not confirm her allegations. He found that, although Plaintiff had suffered

5

from seizures most of her life, she never had any convulsive seizures, and her seizures

6

were characterized as brief. Further, they usually occur at or just after bedtime, so they

7

likely would not interfere with Plaintiff’s ability to work during a normal daytime

8

workday.

9

approximately the same level of severity before the alleged onset date. The fact they did

10

not prevent Plaintiff from working before December 2007 suggested that they would not

11

have prevented her from working after December 2007.

The ALJ found the record showed Plaintiff’s seizures were present at

12

The ALJ further found that the medical records showed that prescribed

13

medications had been relatively effective in controlling Plaintiff’s symptoms for her

14

alleged impairments. Thus, substantial evidence supports finding that the ALJ provided

15

specific, clear, and convincing reasons for discrediting Plaintiff’s subjective symptom

16

testimony.

17
18
19
20
21
22
23
24
25
26
27
28

B.

The ALJ Did Not Err by Failing to Recontact Dr. Morehead for an
Opinion.

Plaintiff contends that the ALJ committed legal error by failing to “recontact” Dr.
Morehead for an opinion regarding Plaintiff’s functional capabilities. Although Plaintiff
refers to “recontacting,” the record does not show that the ALJ ever contacted Dr.
Morehead directly. The record also does not show that Plaintiff requested the ALJ to
contact or subpoena Dr. Morehead for an opinion.
The ALJ has a special duty to fully and fairly develop the record and assure that
the claimant’s interests are considered, even when the claimant is represented by counsel.
Smolen v. Chater, 80 F.3d 1273, 1288 (9th Cir. 1996). An ALJ may stop a hearing
temporarily and continue it at a later date if he believes that there is material evidence
missing at the hearing. 20 C.F.R. § 404.944. The ALJ may also reopen the hearing to
-8-

1

receive new and material evidence at any time before he mails a notice of the decision.

2

Id. However, an “ALJ’s duty to develop the record further is triggered only when there is

3

ambiguous evidence or when the record is inadequate to allow for proper evaluation of

4

the evidence.” McLeod v. Astrue, 640 F.3d 881, 885 (9th Cir. 2011). An ALJ has no

5

duty to request more information from treating physicians where substantially all of their

6

medical records for the relevant period are before the ALJ and none of the evidence is

7

unclear or ambiguous. Id. at 884.

8

On March 8, 2010, Dr. Morehead wrote:

9

Social Security disability is being applied for with the help of an agency
and I filled out those forms today. The patient has about the same
frequency of seizures on or off the Keppra it appears, and did not miss
work with them previously. The problem of course is that she is unable to
obtain a driver’s license.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

He also wrote, “I completed the paperwork to assist in her social security disability, but it
appears that the vertigo is more of a disabling problem frequency-wise than seizures.”
The record does not indicate what paperwork Dr. Morehead completed. During the
hearing on September 27, 2011, Plaintiff’s counsel said she thought Dr. Morehead
referred to “some sort of questionnaire,” but she was not sure that it was included in the
record.
Later during the hearing, the ALJ said he would keep the record open for Plaintiff
to submit her vertigo log, her seizure log, and all of the updated medical records from Dr.
Morehead. The ALJ then said, “I think that’s the only way I’ll be able to make a proper
evaluation in this case.” At the end of the hearing, the ALJ asked Plaintiff’s counsel if
she would be able to get the information he identified to him by October 14, 2011, and
counsel said she believed so.

The ALJ then said if she could not get all of the

information in by October 14, she should send a motion asking for more time and assume
it is granted, but she should not send items piecemeal. The ALJ repeated that he wanted
the seizure log, the vertigo log, and all updated Dr. Morehead records. Plaintiff’s counsel
previously had mentioned that Plaintiff and her significant other had completed “seizure

-9-

1

questionnaires,” which were in the record. At the end of the hearing, Plaintiff’s counsel

2

said she had found “the questionnaire” from Dr. Morehead, and the ALJ said to send it

3

with the other missing evidence. The ALJ then asked, “And you said there was a seizure

4

questionnaire?”

5

records that he sent.”

6

summarized that counsel was to submit “seizure log, vertigo log, updated Morehead

7

records, a seizure questionnaire” and asked Plaintiff’s counsel if there was anything else

8

he needed to keep the record open for. Counsel responded, “I don’t think so.”

Counsel responded, “Yes.

This would be part of Dr. Morehead’s

The ALJ stated that the records were incomplete.

He then

9

On October 27, 2013, Plaintiff’s counsel requested an additional 21 days to secure

10

and submit post-hearing medical evidence. She said medical records from Dr. Ahmadieh

11

had been requested but not yet received. She did not mention Dr. Morehead, and she did

12

not request that the ALJ subpoena Dr. Morehead for a medical source statement. In the

13

hearing decision dated January 13, 2012, the ALJ noted that the record remained open

14

following the hearing for the submission of additional medical records, and the additional

15

records were received and admitted as Exhibits 8F, 9F, and 10F. The ALJ also stated that

16

Dr. Morehead noted that he filled out disability paperwork, but there was no medical

17

source statement from Dr. Morehead in the record, and the record was left open after the

18

hearing to obtain such a statement.

19

Although it is unclear what Dr. Morehead meant when he said he had completed

20

disability “forms” and “paperwork” and what Plaintiff’s counsel meant when she said she

21

had found “the questionnaire” from Dr. Morehead, the ALJ gave Plaintiff ample time and

22

opportunity to obtain a medical source statement from Dr. Morehead regardless of

23

whether he had completed one previously. Moreover, all of Dr. Morehead’s treatment

24

records were submitted and considered by the ALJ, and they were not unclear or

25

ambiguous. Dr. Morehead did not observe Plaintiff’s seizures or vertigo. He described

26

her seizures as infrequent “minor spells” that had not changed significantly after

27

December 2007, and he did not think her vertigo was a significant problem until August

28
- 10 -

1

2011. Therefore, the ALJ did not err by failing to “recontact” Dr. Morehead for an

2

opinion regarding Plaintiff’s functional capabilities.

3
4

C.

The ALJ Did Not Err by Giving Some Weight to the Opinions of NonExamining State Agency Physicians or by Giving Significant Weight to
Dr. Hurd’s Opinion.

5

Plaintiff contends the ALJ erred by giving some weight to the opinions of non-

6

examining State agency physicians because opinions of treating physicians are to be

7

given greater weight and the record reviewed by the non-examining physicians did not

8

include an opinion from treating physician Dr. Morehead. As concluded above, Dr.

9

Morehead may not have given an opinion regarding Plaintiff’s functional capabilities,

10

Plaintiff had opportunity to submit it or obtain one, and Dr. Morehead’s records are

11

complete and unambiguous. The ALJ acknowledged that the opinions of non-examining

12

physicians generally do not deserve as much weight as those of treating or examining

13

physicians and found these to be deserving of some weight because there were a number

14

of other reasons to reach similar conclusions.

15

Plaintiff also contends that the ALJ committed legal error by giving significant

16

weight to consultative examiner Dr. Richard Hurd’s opinion that she was capable of

17

work-related activities and of doing her past work as a home care attendant because “the

18

Commissioner will not give ‘any special significance’ to the source of an opinion on

19

issues reserved to the Commissioner” and because his “opinion states nothing of

20

Plaintiff’s functional capabilities.” Both contentions are incorrect.

21

The Commissioner has final responsibility for determining whether a claimant

22

meets the statutory definition of disability, and a statement by a medical source that the

23

claimant is “disabled” or “unable to work” is not controlling. 20 C.F.R. §§ 404.1527(d),

24

416.927(d). The Commissioner considers opinion evidence along with other evidence

25

regarding the nature and severity of a claimant’s impairments and a claimant’s residual

26

functional capacity, but the Commissioner does not give any special significance to the

27

source of an opinion on such issues. Id. In other words, an opinion from a treating

28
- 11 -

1

source on such issues is not given greater weight than one from a non-treating source.

2

Thus, the ALJ did not err by considering Dr. Hurd’s opinion on issues reserved to the

3

Commissioner just as he would such opinions from other sources, considering its

4

consistency with Plaintiff’s statements and with the objective evidence, without

5

abdicating his responsibility for deciding the ultimate issue of whether Plaintiff is capable

6

of performing her past relevant work as a home health caregiver.

7

Further, Dr. Hurd’s examination report stated a great deal about Plaintiff’s

8

functional capabilities. On August 7, 2009, Dr. Hurd examined Plaintiff and wrote a

9

detailed examination report. He said “she freely admits that she is able to do all activities

10

of daily living to include cooking, laundry, grocery shopping, cleaning house, doing the

11

dishes.” Dr. Hurd said that Plaintiff “says she can walk for long periods of time, stand

12

for prolonged periods of time, and also has no trouble sitting.” He also reported that

13

Plaintiff said she could lift ten to twenty pounds comfortably. Dr. Hurd observed that

14

Plaintiff moved easily on and off the examination table and between sitting and supine

15

positions without any evidence of discomfort. Based on his observations, he stated that

16

she was able to perform all of the physical exam maneuvers with very little effort or

17

difficulty.

18

individual, 5/5 bilaterally.” He found normal range of motion in Plaintiff’s shoulders,

19

wrists, hips, ankles, and feet.

20
21
22
23
24
25
26
27

He noted that testing of the shoulder muscles “revealed a very strong

Dr. Hurd also said Plaintiff reported that she had seizures about once or twice a
week and they last for 20 to 30 seconds. He concluded:
Based upon the claimant’s history, the physical exam, and also my careful
observation of the claimant, it is my professional opinion that Ms. Gaus is
capable of work-related activities. Apparently she has had petit mal
seizures since she was in the 8th grade with a similar pattern, and she has
been able to work at least 16 to 18 years. Apparently in the past worked
[sic], even though she has petit mal seizures, they have not interfered with
her work as a home care attendant. I feel that she is certainly capable of
doing this activity at this time.

28
- 12 -

1

The ALJ said he gave significant weight to Dr. Hurd’s opinion because it was consistent

2

with the history described by Plaintiff as well as with his examination results. Even

3

though the ALJ gave “significant weight” to Dr. Hurd’s opinion, the ALJ gave Plaintiff

4

“the benefit of the doubt” and found her to be more limited than did Dr. Hurd. The ALJ

5

did not err in his consideration and weighing of Dr. Hurd’s examination report.

6
7
8
9
10
11
12
13
14
15
16
17

D.

The ALJ Did Not Err by Relying on an Incomplete Hypothetical
Question to the Vocational Expert.

Plaintiff contends the ALJ erred by relying on the vocational expert’s opinion that
Plaintiff is capable of performing her past relevant work as a home health caregiver
because the hypothetical posed to the vocational expert did not include limitations that
Dr. Morehead may have opined.

The hypothetical included all of the limitations

supported by Dr. Morehead’s medical records. Thus, the ALJ did not err by relying on
the vocational expert’s opinion.
IT IS THEREFORE ORDERED that the final decision of the Commissioner of
Social Security is affirmed.

The Clerk shall enter judgment accordingly and shall

terminate this case.
Dated this 31st day of October, 2014.

18
19

Neil V. Wake
United States District Judge

20
21
22
23
24
25
26
27
28
- 13 -