Cassiani v. Commissioner of Social Security
Filing
18
OPINION AND ORDER affirming the decision of the Commissioner. The Clerk of Court is directed to enter judgment accordingly, terminate any pending motions and deadlines, and close the case. Signed by Magistrate Judge Mac R. McCoy on 6/14/2018. (JTM)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
HELEN CASSIANI,
Plaintiff,
v.
Case No: 2:17-cv-196-FtM-MRM
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
OPINION AND ORDER
This cause comes before the Court on Plaintiff Helen Cassiani’s Complaint filed on April
12, 2017. (Doc. 1). Plaintiff seeks judicial review of the final decision of the Commissioner of
the Social Security Administration denying her claims for a period of disability and disability
insurance benefits. The Commissioner filed the Transcript of the proceedings (hereinafter
referred to as “Tr.” followed by the appropriate page number), and the parties filed a Joint
Memorandum (Doc. 17), which sets forth their positions. For the reasons set out herein, the
decision of the Commissioner is AFFIRMED pursuant to § 205(g) of the Social Security Act, 42
U.S.C. § 405(g).
I.
Social Security Act Eligibility, Procedural History, the ALJ’s Decision, and
Standard of Review
A.
Eligibility
The law defines disability as the inability to do any substantial gainful activity by reason
of any medically determinable physical or mental impairment that can be expected to result in
death or that has lasted or can be expected to last for a continuous period of not less than twelve
months. 42 U.S.C. §§ 416(i), 423(d)(1)(A); 20 C.F.R. § 404.1505. 1 The impairment must be
severe, making the claimant unable to do her previous work, or any other substantial gainful
activity that exists in the national economy. 42 U.S.C. § 423(d)(2); 20 C.F.R. §§ 404.1505 404.1511. Plaintiff bears the burden of persuasion through step four, while the burden shifts to
the Commissioner at step five. Bowen v. Yuckert, 482 U.S. 137, 146 n.5 (1987).
B.
Procedural History
On March 20, 2012, Plaintiff filed an application for period of disability and disability
insurance benefits with an alleged onset date of November 1, 2011. (See Tr. at 192). The
application was denied initially on June 6, 2012, and upon reconsideration on August 17, 2012.
(Tr. at 90, 105). A video hearing was held before Administrative Law Judge (“ALJ”) David J.
Begley on January 28, 2015. (Tr. at 34-74). The ALJ issued an unfavorable decision on April
21, 2015. (Tr. at 9-32). The ALJ found that Plaintiff had not been under a disability from
November 1, 2011, through the date of this decision. (Tr. at 26).
On September 14, 2016, the Appeals Council denied Plaintiff’s request for review. (Tr.
at 4-9). Plaintiff filed a Complaint (Doc. 1) in this Court on April 12, 2017. Defendant filed an
Answer (Doc. 8) on June 19, 2017. The parties filed a Joint Memorandum setting forth their
positions on the relevant issues. (Doc. 17). The parties consented to proceed before a United
States Magistrate Judge for all proceedings. (See Doc. 14). This case is ripe for review.
1
The Court notes that the Social Security regulations were recently revised. See Revisions to
Rules Regarding the Evaluation of Medical Evidence, 82 Fed. Reg. 5844-01 (Jan. 18, 2017).
Unless otherwise specified, the Court refers to the regulations in effect at the time of the
Administrative Law Judge’s decision.
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C.
Summary of the ALJ’s Decision
An ALJ must follow a five-step sequential evaluation process to determine if a claimant
has proven that she is disabled. Packer v. Comm’r of Soc. Sec., 542 F. App’x 890, 891 (11th Cir.
2013) (citing Jones v. Apfel, 190 F.3d 1224, 1228 (11th Cir. 1999)). 2 An ALJ must determine
whether the claimant: (1) is performing substantial gainful activity; (2) has a severe impairment;
(3) has a severe impairment that meets or equals an impairment specifically listed in 20 C.F.R.
Part 404, Subpart P, Appendix 1; (4) has the residual functional capacity (“RFC”) to perform her
past relevant work; and (5) can perform other work of the sort found in the national economy.
Phillips v. Barnhart, 357 F.3d 1232, 1237-40 (11th Cir. 2004). The claimant has the burden of
proof through step four and then the burden shifts to the Commissioner at step five. Hines-Sharp
v. Comm’r of Soc. Sec., 511 F. App’x 913, 915 n.2 (11th Cir. 2013).
As an initial matter, the ALJ found that Plaintiff met the insured status requirements of
the Social Security Act though December 31, 2016. (Tr. at 17). At step one of the sequential
evaluation, the ALJ found that Plaintiff had not engaged in substantial gainful activity since
November 1, 2011, the alleged onset date. (Id.). At step two, the ALJ found that Plaintiff
suffered from the following severe impairments: “sleep apnea, hypersomnolence, mild carpal
tunnel syndrome of the right hand, and fibromyalgia.” (Id.). At step three, the ALJ determined
that Plaintiff did not have an impairment or combination of impairments that meets or medically
equals the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart. P, Appendix
1 (20 C.F.R. §§ 404.1520(d), 404.1525 and 404.1526)). (Tr. at 20).
2
Unpublished opinions may be cited as persuasive on a particular point. The Court does not rely
on unpublished opinions as precedent. Citation to unpublished opinions on or after January 1,
2007 is expressly permitted under Rule 31.1, Fed. R. App. P. Unpublished opinions may be
cited as persuasive authority pursuant to the Eleventh Circuit Rules. 11th Cir. R. 36-2.
3
Based on the evidence, the ALJ determined that Plaintiff had the RFC to perform “light
work” except:
[Plaintiff] can never climb ladders, ropes, or scaffolding; never crawl; occasionally
climb ramps and stairs; occasionally balance, stoop, kneel, and crouch; is limited
to frequent handling, fingering and feeling with the right dominant hand; must
avoid concentrated exposure to extreme heat and cold; must avoid irritants such as
fumes, odors, dusts, gases, and poorly ventilated areas; must avoid slippery and
uneven surfaces as well as hazardous machinery, unprotected heights, and open
flames.
(Tr. at 20-21).
At step four, the ALJ determined that Plaintiff is capable of performing past relevant
work as a casino manager, arcade attendant, or retail sales clerk. (Tr. at 26). The ALJ found that
this work does not require the performance of work-related activities precluded by Plaintiff’s
RFC. (Id.). Additionally, the ALJ found that Plaintiff “performed these jobs for several years,
which is sufficient to develop the necessary skills for each position.” (Id.). The ALJ further
found the VE’s testimony to be consistent with the DOT, with the exception of her testimony
regarding tolerable workplace absences, which is based upon her over 20 years of experience as
a vocational rehabilitation consultant. (Id.). Ultimately, the ALJ found the VE’s testimony to be
credible and uncontested. (Id.). Thus, the ALJ accepted the VE’s testimony in accordance with
SSR 00-4p. (Id.).
As a final matter, the ALJ noted the VE’s testimony that, even if Plaintiff were unable to
return to her past relevant work, Plaintiff acquired cashiering and clerical recording skills in her
past relevant work that would transfer to other jobs at the sedentary level. (Id.). Specifically, the
VE opined that Plaintiff could perform work as a check clerk cashier (DOT #211.462-026),
which is considered semi-skilled, sedentary work, and of which there are 31,115 jobs in the
national economy. (Id.).
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In sum, in comparing Plaintiff’s RFC with the physical and mental demands of her past
relevant work, 3 the ALJ found that Plaintiff retained the ability to perform it as it was generally
performed. (Id.). Thus, the ALJ found that Plaintiff had not been under a disability from
November 1, 2011, through the date of this decision. (Id.).
D.
Standard of Review
The scope of this Court’s review is limited to determining whether the ALJ applied the
correct legal standard, McRoberts v. Bowen, 841 F.2d 1077, 1080 (11th Cir. 1988), and whether
the findings are supported by substantial evidence, Richardson v. Perales, 402 U.S. 389, 390
(1971). The Commissioner’s findings of fact are conclusive if supported by substantial
evidence. 42 U.S.C. §405(g). Substantial evidence is more than a scintilla—i.e., the evidence
must do more than merely create a suspicion of the existence of a fact, and must include such
relevant evidence as a reasonable person would accept as adequate to support the conclusion.
Foote v. Chater, 67 F.3d 1553, 1560 (11th Cir. 1995) (citing Walden v. Schweiker, 672 F.2d 835,
838 (11th Cir. 1982); Richardson, 402 U.S. at 401).
Where the Commissioner’s decision is supported by substantial evidence, the district
court will affirm, even if the reviewer would have reached a contrary result as finder of fact, and
even if the reviewer finds that “the evidence preponderates against” the Commissioner’s
decision. Edwards v. Sullivan, 937 F.2d 580, 584 n.3 (11th Cir. 1991); Barnes v. Sullivan, 932
F.2d 1356, 1358 (11th Cir. 1991). The district court must view the evidence as a whole, taking
into account evidence favorable as well as unfavorable to the decision. Foote, 67 F.3d at 1560;
3
In comparing Plaintiff’s RFC with the physical and mental demands of her past relevant work,
the ALJ stated that Plaintiff had past relevant work “as an assembler.” (Tr. at 26). The Court
believes this was a scrivener’s error because the record contains no discussion that Plaintiff was
an assembler. In any event, this error was not highlighted by Plaintiff. The Court, therefore,
declines to address it here.
5
accord Lowery v. Sullivan, 979 F.2d 835, 837 (11th Cir. 1992) (stating that the court must
scrutinize the entire record to determine reasonableness of factual findings).
II.
Analysis
Plaintiff raises three issues on appeal:
1. Whether the ALJ erred by not finding Plaintiff’s obesity to be a severe
impairment and whether his analysis of Plaintiff’s obesity comports with
the requirements of SSR 00-2p.
2. Whether substantial evidence supports the ALJ’s finding that Plaintiff’s
mental impairments and knee impairments are non-severe.
3. Whether substantial evidence supports the ALJ’s consideration of
Plaintiff’s subjective complaints of side effects due to medication.
(Doc. 17 at 6, 10, 17). The Court addresses each issue in turn below, beginning with the ALJ’s
analysis at step two.
A.
The ALJ’s Analysis at Step Two
Plaintiff first argues that the ALJ erred in evaluating her obesity, mental impairments,
and knee impairments at step two because he failed to find these impairments to be severe. (Id.
at 6-17).
In evaluating this issue, the Court notes that, at step two, “[a]n impairment is not severe
only if the abnormality is so slight and its effect so minimal that it would clearly not be expected
to interfere with the individual’s ability to work, irrespective of age, education or work
experience.” McDaniel v. Bowen, 800 F.2d 1026, 1031 (11th Cir. 1986). A severe impairment
must bring about at least more than a minimal reduction in a claimant’s ability to work, and must
last continuously for at least twelve months. See 20 C.F.R. §§ 404.1505(a). This inquiry “acts
as a filter” so that insubstantial impairments will not be given much weight. Jamison v. Bowen,
814 F.2d 585, 588 (11th Cir. 1987). While the standard for severity is low, the severity of an
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impairment “must be measured in terms of its effect upon ability to work, and not simply in
terms of deviation from purely medical standards of bodily perfection or normality.” McCruter
v. Bowen, 791 F.2d 1544, 1547 (11th Cir. 1986).
In the Eleventh Circuit, however, “[n]othing requires that the ALJ must identify, at step
two, all of the impairments that should be considered severe.” Heatly v. Comm’r of Soc. Sec.,
382 F. App’x 823, 825 (11th Cir. 2010). Instead, the ALJ is only required to consider a
claimant’s impairments in combination, whether severe or not. Id. If any impairment or
combination of impairments qualifies as “severe,” step two is satisfied and the claim advances to
step three. Gray v. Comm’r of Soc. Sec., 550 F. App’x 850, 852 (11th Cir. 2013) (citing Jamison
v. Bowen, 814 F.2d 585, 588 (11th Cir. 1987)). “[B]eyond the second step, the ALJ must
consider the entirety of the claimant’s limitations, regardless of whether they are individually
disabling.” Griffin v. Comm’r of Soc. Sec., 560 F. App’x 837, 841-42 (11th Cir. 2014) (internal
citations omitted).
Here, the ALJ found a number of impairments to be severe at step two. Indeed, at step
two, the ALJ found that Plaintiff suffered from the following severe impairments: “sleep apnea,
hypersomnolence, mild carpal tunnel syndrome of the right hand, and fibromyalgia.” (Tr. at 17).
Because the ALJ found at least one condition to be severe, the ALJ satisfied the step two
analysis. See Griffin, 560 F. App’x at 841-42.
Moreover, so long as the ALJ considered Plaintiff’s severe impairments in combination
with Plaintiff’s non-severe impairments, including her alleged obesity, mental impairments, and
knee impairments, any potential error is harmless. See id. Here, the ALJ stated that he
“considered all symptoms and the extent to which these symptoms can reasonably be accepted as
consistent with the objective medical evidence and other evidence, based on the requirements of
7
20 CFR 404.1529 and SSRs 96-4p and 96-7p.” (Tr. at 20). Based on this statement and the
ALJ’s review of the medical record in the ALJ’s decision, the Court finds no error because the
ALJ considered all of Plaintiff’s impairments, whether severe or non-severe in combination.
Therefore, any potential error by the ALJ is harmless. See Griffin, 560 F. App’x at 841-42.
Furthermore, even though the Court finds that the ALJ did not err at step two, the Court
also finds that Plaintiff failed to meet her burden of establishing the presence of any additional
work-related limitations relating to her alleged obesity, mental impairments, and knee
impairments that were not included in the ALJ’s RFC determination.
For instance, as to obesity, an ALJ must consider obesity as an impairment when
evaluating a claimant’s disability. See SSR 02-1p, 2000 WL 628049, at *1 (Sept. 12, 2000).
Even though it is the ALJ’s responsibility to consider obesity as a medically determinable
impairment, a claimant maintains the burden of establishing that her obesity results in functional
limitations and that she is disabled under the Social Security Act. See 20 C.F.R. § 404.1512(a),
(c) (instructing claimant that the ALJ will consider “only impairment(s) you say you have or
about which we receive evidence” and “[y]ou must provide medical evidence showing that you
have an impairment(s) and how severe it is during the time you say that you are disabled”);
Flynn v. Heckler, 768 F.2d 1273, 1274 (11th Cir. 1985).
In this case, Plaintiff contends that the ALJ failed to consider obesity at step two, in
assessing the RFC, or at any other point in the ALJ’s decision. (Doc. 17 at 8). Plaintiff points
out that several of her “primary medical complaints involve pain affecting her weight bearing
joints.” (Id. (citing Tr. at 53-55, 62, 216)). Plaintiff argues that “[t]he ALJ’s failure to consider
the impact of obesity on these conditions, which would clearly be exacerbated or caused by
obesity, constitutes harmful error.” (Id.). Indeed, Plaintiff argues that “[i]t negatively impacted
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the ALJ’s evaluation of the Plaintiff’s credibility and resulted in the ALJ failing to include all
work-related limitations in the RFC assessment.” (Id.). As a result, Plaintiff argues that “the
RFC is not supported by substantial evidence and the denial of Plaintiff’s application cannot
stand.” (Id. (citing Wilson v. Barnhart, 284 F.3d 1219, 1227 (11th Cir. 2002)).
The Court finds, however, that Plaintiff failed to establish the existence of any additional
work-related impairments resulting from her obesity. In support of her argument that the ALJ
erred in reviewing her obesity, Plaintiff primarily cites portions of the medical record showing
that her body mass index (“BMI”) was in the obese range. (Doc. 17 at 7). The Court notes,
however, that “[t]here is no specific level of weight or BMI that equates with a ‘severe’ or a ‘not
severe’ impairment.” SSR 02-1p, 2002 WL 34686281, at *4. Moreover, the mere existence of
an impairment does not reveal the extent to which it limits a claimant’s ability to work or
undermine the ALJ’s determination. Moore v. Barnhart, 405 F.3d 1208, 1213 n.6 (11th Cir.
2005). Indeed, “a diagnosis or a mere showing of ‘a deviation from purely medical standards of
bodily perfection or normality’ is insufficient; instead, the claimant must show the effect of the
impairment on her ability to work.” Wind v. Barnhart, 133 F. App’x 684, 690 (11th Cir. 2005)
(quoting McCruter, 791 F.2d at 1547).
Here, the mere presence of a BMI in the obese range and/or a diagnosis of obesity is
insufficient to establish the existence of any additional limitations. See id. Furthermore, while
Plaintiff alleges that her obesity was a contributing factor to her sleep apnea, narcolepsy, and
fibromyalgia, (Doc. 17 at 7-8), Plaintiff has not pointed to any specific medical opinion
indicating that her obesity in any way contributes to these conditions. As a result, Plaintiff has
not established that her obesity caused any limitations on her ability to work. The Court finds,
therefore, that the ALJ did not err by failing to include any limitations relating to her alleged
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obesity. See Crawford v. Comm’r of Soc. Sec., 363 F.3d 1155, 1161 (11th Cir. 2004) (holding
that an ALJ is not required to include findings in the hypothetical that the ALJ properly rejected
as unsupported).
Similarly, Plaintiff failed to show that the ALJ erred in his review of Plaintiff’s mental
impairments or knee impairments. Indeed, the record shows that the ALJ expressly considered
Plaintiff’s mental impairments and knee impairments at step two and in evaluating her RFC. In
making these findings, the ALJ cited substantial medical evidence of record. In the briefing,
Plaintiff failed to show that the ALJ should have included any additional limitations resulting
Plaintiff’s mental impairments or knee impairments. Instead, Plaintiff essentially only asks the
Court to reweigh the evidence, which the Court cannot do. There is no basis on which to
conclude that the ALJ erred.
In sum, the record demonstrates that the ALJ properly considered Plaintiff’s severe and
non-severe impairments at step two. Moreover, even if the ALJ erred in failing to find Plaintiff’s
mental impairments severe at step two of the sequential evaluation, the error was harmless
because the ALJ considered all of Plaintiff’s impairments, whether severe or non-severe in
determining Plaintiff’s RFC. In any event, Plaintiff failed to meet her burden of establishing that
any additional work-related limitations relating to her alleged obesity, mental impairments, and
knee impairments should have been included in the ALJ’s RFC determination. Thus, the Court
affirms on this issue.
B.
The ALJ’s Assessment of the Side Effects of Plaintiff’s Medications
The final issue raised by Plaintiff concerns the ALJ’s assessment of the side effects of her
medication. (Doc. 17 at 17-18).
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This issue is essentially a challenge to the ALJ’s credibility determination. In looking at
the ALJ’s credibility determination, the Court notes that to establish disability based on
testimony of pain and other symptoms, a plaintiff must satisfy two prongs of the following threepart test: “(1) evidence of an underlying medical condition; and (2) either (a) objective medical
evidence confirming the severity of the alleged pain; or (b) that the objectively determined
medical condition can reasonably be expected to give rise to the claimed pain.” Wilson, 284
F.3d at 1225 (citing Holt v. Sullivan, 921 F.3d 1221, 1223 (11th Cir. 1991)). After an ALJ has
considered a plaintiff’s complaints of pain, the ALJ may reject them, and that determination will
be reviewed to determine if it is based on substantial evidence. Moreno v. Astrue, 366 F. App’x
23, 28 (11th Cir. 2010) (citing Marbury v. Sullivan, 957 F.2d 837, 839 (11th Cir. 1992)). If an
ALJ discredits the subjective testimony of a plaintiff, then he must “articulate explicit and
adequate reasons for doing so. Failure to articulate the reasons for discrediting subjective
testimony requires, as a matter of law, that the testimony be accepted as true.” Wilson, 284 F.3d
at 1225 (internal citations omitted). Nevertheless, the Eleventh Circuit has stated that “[t]he
question is not . . . whether [the] ALJ could have reasonably credited [the claimant’s] testimony,
but whether the ALJ was clearly wrong to discredit it.” Werner v. Comm’r of Soc. Sec., 421 F.
App’x 935, 939 (11th Cir. 2011).
The factors an ALJ considers in evaluating a plaintiff’s subjective symptoms include:
1.
The individual’s daily activities;
2.
The location, duration, frequency, and intensity of pain or other symptoms;
3.
Factors that precipitate and aggravate the symptoms;
4.
The type, dosage, effectiveness, and side effects of any medication an
individual takes or has taken to alleviate pain or other symptoms;
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5.
Treatment, other than medication, an individual receives or has received for
relief of pain or other symptoms;
6.
Any measures other than treatment an individual uses or has used to relieve
pain or other symptoms (e.g., lying flat on his or her back, standing for 15
to 20 minutes every hour, or sleeping on a board); and
7.
Any other factors concerning an individual’s functional limitations and
restrictions due to pain or other symptoms.
SSR 96-7p, 1996 WL 374186, at *3 (emphasis added); see also SSR 16-3p, 2016 WL 1119029,
at *7 (factors nearly identical to SSR 96-7p); Moreno, 366 F. App’x at 28 (citing 20 C.F.R. §
404.1529(c)(3)). “A clearly articulated credibility finding with substantial supporting evidence
in the record will not be disturbed by a reviewing court.” Foote, 67 F.3d at 1562.
Plaintiff takes issue with the ALJ’s credibility determination by arguing that the ALJ
failed to consider the side effects of her medication. (Doc. 17 at 17-18). Specifically, Plaintiff
points to her testimony that “she experienced forgetfulness, constipation, and shakiness, as
medication side effects.” (Id. at 17 (citing Tr. at 47)). Plaintiff states that her tremors and
memory impacted her ability to perform her duties at work. (Id. (citing Tr. at 64-65)). Plaintiff
also states that she experienced sleepiness as a result of her pain medication and alternative
therapies such as massage, physical therapy, and exercise were not effective. (Id. (citing Tr. at
245)). Plaintiff alleges that the “side effects would result in significant limitations in the
Plaintiff’s ability to perform basic work activities.” (Id.).
In reviewing Plaintiff’s contentions, however, Plaintiff again only asks the Court to
reweigh the evidence the ALJ considered in making his findings. Indeed, Plaintiff expressly
notes that “[t]he ALJ acknowledged the Plaintiff’s testimony concerning medication side
effects.” (Id. (citing Tr. at 21)). Although Plaintiff argues that the ALJ got his decision wrong,
the Court finds that the ALJ’s decision is supported by substantial evidence of record.
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Indeed, the ALJ stated specific reasons in finding that Plaintiff’s statements concerning
the intensity, persistence and limiting effects of her symptoms were not entirely credible. (Tr. at
22-25). For instance, Plaintiff testified that her pain is so severe that she must stay in bed for
days at a time. (Tr. at 24). Yet, the ALJ found that Plaintiff had not described similar incidents
to any of her doctors. (Id.). Similarly, the ALJ cited Plaintiff’s conservative treatment as being
inconsistent with her alleged disability. (Id.). Finally, the ALJ noted Plaintiff’s admitted level of
activity “belies an inability to perform light-level work as described in the residual functional
capacity above.” (Id.). The Court finds that these reasons provide substantial evidence in
support of the ALJ’s credibility determination. Moreover, Plaintiff did not rebut any of these
reasons given by the ALJ for discounting her credibility.
Even so, Plaintiff argues that the ALJ “did not provide any rationale for rejecting the
Plaintiff’s reported side effects,” and that the objective medical evidence shows that she
complained of medication side effects. (Doc. 17 at 18 (citing Tr. at 577)). The record evidence
cited by Plaintiff, however, is a self-report. (See Tr. at 577). No physician or other acceptable
medical source states why Plaintiff’s medication was changed. (See id.). Given that the ALJ
discounted Plaintiff’s credibility for other reasons – reasons supported by substantial evidence of
record – Plaintiff’s self-report is not helpful in disputing the ALJ’s credibility finding.
Similarly, Plaintiff argues that her treating physician, Dr. Stens, filled out a report
showing that Plaintiff had impaired attention and concentration due to her symptoms and
medication side effects. (Doc. 17 at 18 (citing Tr. at 749)). A review of Dr. Stens’ report,
however, does not reveal that the physician listed any side effects from Plaintiff’s medications.
(See Tr. at 749). Indeed, the section regarding side effects from medication is left blank. (See
id.). Thus, Plaintiff has not shown that the ALJ erred in this regard.
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As a final matter, Plaintiff contends that the ALJ mischaracterized her need to stop some
of her medications. (Doc. 17 at 18 (citing Tr. at 24)). Plaintiff argues that the ALJ incorrectly
drew an adverse inference with respect to the Plaintiff’s credibility on this ground because he
failed to factor in the Plaintiff’s need to change medications due to side effects. (Id.). Yet, as
noted above, Plaintiff has not cited any medical evidence of record showing that the side effects
from her medication caused a need to change her medications other than her self-report. As the
Court found above, given that the ALJ discounted Plaintiff’s credibility for other reasons,
Plaintiff’s self-report is not helpful in disputing the ALJ’s credibility finding. The ALJ did not
err in this regard.
In sum, the question is not whether the ALJ could have reasonably credited Plaintiff’s
testimony, but whether the ALJ was clearly wrong to discredit it. See Werner, 421 F. App’x at
939. Here, the Court finds that the ALJ articulated explicit and adequate reasons for discounting
Plaintiff’s credibility with substantial supporting evidence of record. See Wilson, 284 F.3d at
1225; Foote, 67 F.3d at 1562. Indeed, the ALJ cited to substantial objective medical evidence of
record in discounting Plaintiff’s credibility, including the side effects of her medication. (Tr. at
22-25). Based on the ALJ’s extensive citations to the medical evidence of record, the Court
cannot find that the ALJ was wrong to discredit Plaintiff. See Werner, 421 F. App’x at 939.
Thus, the Court finds that the ALJ’s credibility determination is supported by substantial
evidence of record and, therefore, affirms the ALJ’s decision in that regard.
III.
Conclusion
Upon consideration of the submissions of the parties and the administrative record, the
Court finds that the decision of the ALJ is supported by substantial evidence and decided upon
proper legal standards.
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Accordingly, the Court hereby ORDERS that:
The decision of the Commissioner is hereby AFFIRMED pursuant to sentence four of 42
U.S.C. § 405(g). The Clerk of Court is directed to enter judgment accordingly, terminate any
pending motions and deadlines, and close the case.
DONE AND ORDERED in Fort Myers, Florida on June 14, 2018.
Copies furnished to:
Counsel of Record
Unrepresented Parties
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