Mojica-Bibiloni v. Colvin
Filing
21
DECISION & ORDER: It is Ordered that Plaintiff's # 14 Motion for Judgment on the Pleadings is DENIED, and Defendant's # 18 Motion for Judgment on the Pleadings is GRANTED. Therefore the decision of the Commissioner is AFFIRMED and the # 1 Complaint filed by Ramonita Mojica-Bibiloni is DISMISSED. Signed by Senior Judge Thomas J. McAvoy on 3/9/2016. (jmb)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------RAMONITA MOJICA-BIBILONI,
Plaintiff,
v.
5:14-CV-1130
CAROLYN W. COLVIN, Commissioner of
Social Security,
Defendant.
-------------------------------THOMAS J. McAVOY
Senior United States District Judge
DECISION and ORDER
Plaintiff Ramonita Mojica-Bibiloni brought this suit under § 205(g) of the Social
Security Act (“Act”), as amended, 42 U.S.C. § 405(g), to review a final decision of the
Commissioner of Social Security (“Commissioner”) denying her application for
supplemental security income (“SSI”) benefits. Plaintiff alleges that the decision of the
Administrative Law Judge ("ALJ") denying her application for benefits is not supported by
substantial evidence and is contrary to the applicable legal standards. Pursuant to
Northern District of New York General Order No. 8, the Court proceeds as if both parties
had accompanied their briefs with a motion for judgment on the pleadings.
I.
PROCEDURAL HISTORY
On June 14, 2011, Plaintiff filed an application for SSI benefits. The claim was
denied by initial determination dated October 6, 2011. Plaintiff filed a timely request for a
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hearing on November 23, 2011. Administrative Law Judge (“ALJ”) Lawrence Levy
presided over a hearing via teleconference on October 12, 2012. The ALJ issued an
unfavorable decision on November 16, 2012, which Plaintiff appealed. The Social
Security Appeals Council denied his appeal on August 14, 2014. This action followed.
As indicated above, Plaintiff brings this action under § 205(g) of the Social Security
Act (“Act”), as amended, 42 U.S.C. § 405(g), to review the Commissioner’s final decision.
II.
FACTS
The parties do not dispute the underlying facts of this case as set forth by Plaintiff
in her memorandum of law. Accordingly, the Court assumes familiarity with these facts
and will set forth only those facts material to the parties’ arguments.
III.
THE COMMISSIONER’S DECISION
The ALJ engaged in the required five-step analysis to determine whether a claimant
qualifies for disability benefits. (See Social Security Administrative Record (“R.”), dkt. #
11, at 27-36). The ALJ first determined that Plaintiff had not engaged in substantial
gainful activity since June 14, 2011, the application date. (Id. at 29). Second, the ALJ
concluded that Plaintiff suffered from a set of severe impairments that included:
hypertension, history of asthma, low back pain, history of carpal tunnel syndrome statuspost surgical repair, obesity, history of knee pain, affective disorder, PTSD, and
personality disorder. (Id.). These impairments, the ALJ found, represented more than
minimal limitation in Plaintiff’s ability to perform work-related activity. (Id.).
Turning to the next step in the evaluation process, the ALJ concluded that Plaintif f
did not have an impairment or combination of impairments that met or medically exceeded
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the severity of one of the impairments listed in the Social Security regulations. (Id.).
Plaintiff’s attorney had conceded as much at the hearing. (Id.). The ALJ also found that
Plaintiff’s mental impairments, whether considered singly or in combination, did not meet
any of the criteria in the appropriate listings. (Id.). Plaintiff did not have the marked
impairments in two areas required to satisfy the “paragraph B” criteria. (Id.). Plaintiff had
no more than a mild restriction due to her emotional impairments; she engaged in “a full
range of daily activities including cooking, cleaning, and doing laundry.” (Id. at 30). She
was “reportedly capable of caring for her home and children.” (Id.). The ALJ found that
Plaintiff had “mild difficulties” in social functioning. (Id.). She was frightened to go out
alone and reported that she did not engage in any social activities. (Id.). Still, she
reported no problems getting along with others, and an examining doctor found her social
skills “adequate.” (Id.). Plaintiff could get along with others moderately well. (Id.). The
ALJ assigned Plaintiff moderate difficulties in concentration, persistence or pace. (Id.).
Plaintiff had difficulty paying attention, and the medical record demonstrated memory
issues. (Id.). The examiner found a “mildly impaired” memory and difficulty in dealing with
stress.” (Id.). Plaintiff had not experienced any episodes of decompensation. (Id.).
Plaintiff also failed to meet the “paragraph C” criteria; she had not experienced any
episodes of decompensation and could not be expected to decompensate if a minimal
increase in mental demands or a change in environment were required. (Id.). Plaintiff’s
post-traumatic stress disorder (“PTSD”) failed to qualify as well, since nothing in the
treatment records demonstrated that Plaintiff was incapable of functioning independently
outside the home. (Id.).
Next, the ALJ determined that Plaintiff had the residual functional capacity (“RFC”)
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to perform light work as defined in the Social Security regulations, except that she could
only occasionally climb ramps or stairs, was precluded from climbing ladders, ropes, or
scaffolds, and from kneeling, crouching, and crawling. (Id. at 31). Plaintiff could also
occasionally engage in balancing and stooping, and was required to avoid concentrated
exposure to temperature extremes, excessive humidity, and environmental irritants. (Id.).
She could communicate only in Spanish, and was limited to performing simple, routine
and repetitive tasks. (Id.). Her work environment needed to be free of any fast-paced
production requirements, involve only simple work-related decisions. (Id.). That
workplace also required “few, if any changes,” and only occasional interpersonal
interaction with the general public, coworkers and supervisors. (Id.).
The ALJ summarized the medical evidence and Plaintiff’s hearing testimony. (Id. at
31-35). The ALJ noted that Plaintiff claimed she suffered from depression, PTSD, back
problems, knee issues, asthma, and carpal tunnel syndrome. (Id. at 31). Plaintiff also
alleged problems with concentration and memory, claimed she lacked motivation,
experienced crying spells, had difficulty speaking and had “breakthrough” PTSD
symptoms. (Id.). Plaintiff claimed that she had a poor memory, needed to be reminded to
take medication, and would often forget what she was doing. (Id.). She also alleged that
her PTSD made her afraid to go out alone and be around crowds. (Id.). She preferred to
be alone most the time. (Id.). Plaintiff also claimed difficulty in performing “personal
hygiene chores” because of pain her arms, hands and back. (Id.). She claimed an
inability to lift due to pain in her joints, that she could not sit, stand or w alk for very long,
had trouble climbing stairs, and was unable to kneel or squat. (Id.). She asserted she
could reach only for short periods and could not perform tasks requiring use of her hands
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because of recurrent carpal tunnel symptoms.
While the ALJ found that Plaintiff’s medically determinable impairments could
reasonably be expected to cause her symptoms, Plaintiff’s claims about the intensity,
persistence, and limiting affects of those impairments were not entirely credible due to
discrepancies between the record and her statements. (Id. at 32). Plaintiff testified that
she always used a cane, but the medical records indicated she used a cane only
periodically. (Id.). The consultative examiner found that the cane was not necessary.
(Id.). Further, Plaintiff limped for one consultative examination, but did not limp at another
examination on the same day. (Id.). Plaintiff claimed limitations from her carpal tunnel
surgery, which had occurred years previously, but she exhibited no problems with hand
use during the consultative examination. (Id.). “[E]ven her exceptionally supportive
treating physician” found no limitations with regard to gross and fine manipulation. (Id.).
Plaintiff was also inconsistent about her reasons for leaving her last job. (Id.). She
claimed back pain made working impossible, but had earlier claimed domestic violence led
her to quit. (Id.).
The ALJ also found Plaintiff’s claims regarding the severity of her physical ailments
less than fully credible. (Id.). The consultative medical examiner found claimant in no
acute distress, had a normal gait, could perform a full squat, and appeared normal by
other measures as well. (Id.). He found that Plaintiff had normal grip strength and
dexterity in her hands. (Id.). Plaintiff’s pulmonary functioning was normal. (Id.). The ALJ
noted that these findings were consistent with Plaintiff’s treatment records. (Id.).
Similarly, the ALJ concluded that Plaintiff was less than fully credible regarding the
limits caused by her mental impairments. (Id.). The ALJ noted that the consultative
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psychological examiner had found that Plaintiff had adequate social skills, intact thought
processes, intact attention and concentration and a m ildly impaired memory. (Id.). These
findings were consistent with Plaintiff’s treatment records. (Id.). Those records also
indicated that claimant could perform her own activities of dialy living and care for her
home and children. 1 (Id. at 33).
Next, the ALJ found that Plaintiff could not perform any past relevant work. (Id. at
35). Because the Plaintiff cannot communicate in English, the ALJ considered her case in
the same was as an individual illiterate in English. (Id.). The ALJ then concluded that,
considering the Plaintiff’s age, education, work experience, and RFC, jobs existed in
significant numbers in the national economy which she could perform. (Id.). The
vocational expert had testified that Plaintiff could perform the requirements of a number of
representative occupations, such as mail clerk, marker, and ironer. (Id. at 36-37).
Because such jobs were available to a person with Plaintiff’s RFC, the ALJ concluded that
Plaintiff was “capable of making a successful adjustment to other work that exists in
significant numbers in the national economy” and that a finding of “not disabled” was
required. (Id. at 37).
Plaintiff challenges these findings in various respects.
IV.
STANDARD OF REVIEW
The Court's review of the Commissioner's determination is limited to two inquiries.
See 42 U.S.C. § 405(g). First, the Court determines whether the Commissioner applied
the correct legal standard. See Tejada v. Apfel, 167 F.3d 770, 773 (2d Cir. 1999);
The Court notes that the record indicates that Plaintif f lived with only one child at
the time of the ALJ’s decision. She has two other adult children who do not live with her.
1
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Balsamo v. Chater, 142 F.3d 75, 79 (2d Cir. 1998); Cruz v. Sullivan, 912 F.2d 8, 11 (2d
Cir. 1990); Shane v. Chater, No. 96-CV-66, 1997 WL 426203, at *4 (N.D.N.Y July 16,
1997)(Pooler, J.)(citing Johnson v. Bowen, 817 F.2d 983, 986 (2d Cir. 1987)). Second,
the Court must determine whether the Commissioner's findings are supported by
substantial evidence in the administrative record. See Tejada, 167 F.3d at 773; Balsamo,
142 F.3d at 79; Cruz, 912 F.2d at 11; Rutherford v. Schweiker, 685 F.2d 60, 62 (2d Cir.
1982). A Commissioner's finding will be deemed conclusive if supported by substantial
evidence. See 42 U.S.C. § 405(g); see also Perez, 77 F.3d at 46; Townley v. Heckler, 748
F.2d 109, 112 (2d Cir. 1984)("It is not the function of a reviewing court to determine de
novo whether a Plaintiff is disabled. The [Commissioner's] findings of fact, if supported by
substantial evidence, are binding.")(citations omitted). In the context of Social Security
cases, substantial evidence consists of "more than a mere scintilla" and is measured by
"such relevant evidence as a reasonable mind might accept as adequate to support a
conclusion." Richardson v. Perales, 402 U.S. 389, 401, 91 S. Ct. 1420, 1 427, 28 L. Ed.2d
842 (1971)(quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S. Ct. 206,
217, 83 L. Ed. 126 (1938)). W here the record supports disparate findings and provides
adequate support for both the Plaintiff's and the Commissioner's positions, a reviewing
court must accept the ALJ's factual determinations. See Quinones v. Chater, 117 F.3d 29,
36 (2d Cir. 1997)(citing Schauer v. Schweiker, 675 F.2d 55, 57 (2d Cir. 1982)); Alston v.
Sullivan, 904 F.2d 122, 126 (2d Cir. 1990). Although the reviewing court must give
deference to the Commissioner’s decision, a reviewing court must bear in mind that the
Act is ultimately “‘a remedial statute which must be ‘liberally applied;’ its intent is inclusion
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rather than exclusion.’” Vargas v. Sullivan, 898 F.2d 293, 296 (2d Cir. 1990)(quoting
Rivera v. Schweiker, 717 F.2d 719, 723 (2d Cir. 1983)).
V.
DISCUSSION
Plaintiff offers three grounds for challenging the opinion of the ALJ. The Court will
address each in turn.
A.
Consideration of Plaintiff’s Obesity
Plaintiff first argues that the ALJ did not evaluate the effects of her obesity properly.
The ALJ mentioned Plaintiff’s obesity, but he did not relate her obesity to limitations
caused by her back impairments. Plaintiff contends that this failing violated Social
Security regulations. The Commissioner responds that the record demonstrates that the
ALJ sufficiently considered the Plaintiff’s obesity in assigning her RFC, and that
substantial evidence in the form of evaluations by examining physicians supported this
finding.
In describing the Plaintiff’s impairments, the ALJ found that she suffered from:
“hypertension, history of asthma, low back pain, history of carpal tunnel syndrome statuspost surgical repair, obesity, history of knee pain, affective disorder, PTSD, and
personality disorder.” (R. at 29). Plaintiff alleges that the ALJ “did not properly relate the
obesity to the limitations resulting from her back impairment in accordance with the Social
Security Administration’s own rulings and regulations.” (See Plaintiff’s Brief, dkt. # 14, at
11). Plaintiff fails to explain how her obesity should have caused the ALJ to find additional
limitations that would have altered his evaluation.
The Social Security regulations require that “when determining whether an
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individual with obesity has a listing-level impairment or combination of impairments, and
when assessing a claim at other steps of the sequential evaluation process, including
when assessing an individual’s residual functional capacity, adjudicators must consider
any additional and cumulative effects of obesity.” 20 CFR Part 404 Appendix 1 § 1.00(Q).
The ALJ’s opinion states that “[t]he undersigned has considered the claimant’s obesity
pursuant to SSR 02-1p in determining [her] residual functional capacity, and it is reflected
in the assessed postural limitations.” (R. at 32). Before assigning those limitations, the
ALJ noted that Plaintiff’s claimed limitations were not entirely credible, since examinations
and testing had revealed that she was capable of extensive bending, that she had a
normal gait, and did not appear to move with any distress. Still, the ALJ wrote, he had
given Plaintiff “the benefit of any reasonable doubt” and concluded that Plaintif f could
perform only light work with limits and prohibitions on her ability to kneel, crouch, climb,
balance and stoop. (Id.).
The Court finds that the ALJ sufficiently considered the additional effects of obesity
on Plaintiff’s limitations. Pointing to evidence from examinations, the ALJ added
limitations not found by the examining physician, and then stated that Plaintiff’s obesity
played a role in these added restrictions. The ALJ may not have stated in great detail the
ways that Plaintiff’s obesity affected the limitations he assigned, but “[w]hen . . . the
evidence of record permits [the court] to glean the rationale for an ALJ’s decision,” the ALJ
need not “have mentioned every item of testimony presented to him or have explained
why he considered particular evidence unpersuasive or insufficient to lead him to a
conclusion of disability.” Mongeur v. Heckler, 722 F.3d 1033, 1040 (2d Cir. 1983). Here,
the Court notes that the medical evidence indicates that Plaintiff had gained a great deal
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of weight in a few years before the ALJ rendered his decision, and complained of
significant pain in her back and joints. The Court also notes that objective findings in the
medical record do not establish that Plaintiff suffered significant injuries or chronic
conditions limiting her movement. The record does not contain extensive MRI studies,
records of long-term treatment for particular injuries, or even extensive reports of ill health
specifically related to obesity. Consideration of the record thus permits the Court to find
that the ALJ properly considered the debilitating effects of Plaintiff’s obesity in assigning
limitations not immediately present in the medical record or in the examiner’s reports the
ALJ found most credible. The Plaintiff’s motion will be denied in this respect.
B.
Weight Assigned to Opinion of Treating Physician
Plaintiff next argues that the ALJ erred by not finding Plaintiff disabled pursuant to
20 C.F.R. Pt. 404, Subpt. P. App.2; § 201.17. 2 If the ALJ had properly assigned to Plaintiff
the ability to do only sedentary work, the Social Security regulations would have required
him to find Plaintiff disabled. Plaintiff’s argument here is predicated on a claim that the
ALJ failed to assign proper weight to the opinion of Plaintiff’s treating physician. Plaintiff
argues that she suffers from “multiple physical impairments” which “impose limitations that
significantly erode the plaintiff’s occupational base, limiting her to sedentary work or less.”
Since Plaintiff’s treating physician found her incapable of even sedentary work, Plaintiff
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Plaintiff asserts that this regulation establishes that a claimant is disabled if she
has:
(1) an extremely limited proficiency in English;
(2) has no transferrable skills;
(3) can no longer perform her past relevant work;
(4) is limited to the performance of “sedentary work,” or less;
(5) is further limited by her psychiatric impairments.
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argues, if the ALJ had assigned controlling weight to that opinion he would have found
Plaintiff disabled.
Normally, an ALJ is required to find a treating physician’s opinion to be controlling
when the opinion is “well-supported by medically acceptable clinical and laboratory
diagnostic techniques and is not inconsistent with the other substantial evidence in your
case record.” 20 C.F.R. 404.1527(c)(2). “On the other hand, in situations w here ‘the
treating physician issued opinions that [were] not consistent with other substantial
evidence in the record, such as the opinion of other medical experts,’ the treating
physician's opinion ‘is not afforded controlling weight.” Pena ex rel. E.R. v. Astrue, 2013
WL 1210932, at *15 (E.D.N.Y. March 25, 2013) (quoting Halloran v. Barnhart, 362 F.3d
28, 32 (2d Cir. 2004)); Snell v. Apfel, 177 F.3d 128, 133 (2d Cir.1999) (“W hen other
substantial evidence in the record conflicts with the treating physician's opinion . . . that
opinion will not be deemed controlling. And the less consistent that opinion is with the
record as a whole, the less weight it will be given.”). “Failure to provide ‘good reasons’ for
not crediting the opinion of a claimant’s treating physician is a ground for remand.” Snell,
177 F.3d at 133. “‘[T]o override the opinion of the treating physician, we have held that
the ALJ must consider, inter alia: (1) the frequen[c]y, length, nature, and extent of
treatment; (2) the amount of medical evidence supporting the opinion; (3) the consistency
of the opinion with the remaining medical evidence; and, (4) whether the physician is a
specialist.’” Greek v. Colvin, 802 F.3d 370, 375 (2d Cir. 2015) (quoting Selian v. Astrue,
708 F.3d 409, 418 (2d Cir. 2013)). An ALJ must “set forth her reasons for the weight she
assigns to the treating physician’s opinion.” Shaw v. Chater, 221 F.3d 126, 134 (2d Cir.
2000).
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Plaintiff’s argument here does not address the reasons that the ALJ of fered for
declining to give Plaintiff’s treating physician’s opinion controlling weight. Instead, Plaintiff
simply quotes the reasons behind the rule that a treating physician’s opinion is normally
entitled to controlling weight. In any case, the ALJ stated clearly his basis for failing to
assign controlling weight to Dr. Triano’s opinion, and those reasons considered the f actors
cited above. The ALJ explained:
Dr. Triano, the claimant’s treating provider, opined that the claimant can frequently
carry 5lbs or less, occasionally carry 10lbs or less, stand or walk for 3 hours or less,
sit for 1 hour or less, and can never, climb, balance, crouch or crawl. Dr. Triano
opined that the claimant has mild limitations on her ability to reach, but no
limitations in handling, fingering, or feeling. The undersigned has given Dr. Tirano’s
opinion little weight, as it is inconsistent with the generally benign results reported in
his contemporaneous exams, the findings of Dr. Ganesh [the examining physician],
the claimant’s level of daily activities, and the credible medical and non-medical
evidence as a whole. Dr. Triano also made no attempt to provide objective support
for the conclusions reached on these form reports. Further, and as the courts have
long recognized, form reports, in which a source’s only obligation is to fill in a blank
or check off a box, are entitled to little weight in the adjudicative process. See, e.g.,
Mason v. Shalala, 994 F.2d 1058, 1065 (3d Cir. 1993) (term ing form reports “weak
evidence at best”); Crane v. Shalala, 76 F.3d 251, 253 (9 th Cir. 1996) (holding that
the ALJ “permissibly rejected” three psychological evaluations “because they were
check-off reports that did not contain any explanation of the basses of their
conclusions.”); O’Leary v. Schweiker, 710 F.2d 1334, 1341 (8 th Cir. 1983) (“[W]hile
these forms are admissible, they are entitled to little weight and do not constitute
‘substantial evidence’ on the record as a whole.”).
(R. at 34).
The Court finds that the ALJ offered good reasons for rejecting the opinion of the
treating physician and considered all of the required factors. The ALJ explained that Dr.
Triano’s opinions, offered by a primary care physician, contradicted the evidence of his
own treatment of Plaintiff in proposing severe restrictions. The ALJ also pointed out that
Dr. Triano did not explain why he suggested that Plaintiff be assigned severe restrictions
in light of the minor treatment he had provided. The ALJ’s examination of the medical
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evidence also indicates that he properly explored the frequency length, extent and nature
of Triano’s treatment.
Since the Court has found that ALJ had good reasons for his opinion assigning little
weight to Dr. Triano’s opinion and Plaintiff’s argument in this respect focuses only on the
weight the ALJ provided to that opinion, the Court must reject Plaintiff’s motion in this
respect as well.
C.
Evaluation of Plaintiff’s Mental Condition
Finally, Plaintiff argues that the ALJ erred in evaluating her mental condition. The
limitations caused by that condition, she contends, were far more severe than found by the
ALJ and alone would justify a finding of disabled. Plaintiff contends that the ALJ lacked
substantial evidence for his opinion as her treating doctors reported conditions which
demonstrated marked limitations in concentration, persistence and pace, and m arked
limitations in social functioning. This medical evidence, Plaintiff contends, supports the
opinion of her treating psychiatrist. As such, the ALJ erred in failing to give controlling
weight to that opinion.
Plaintiff points to a great deal of evidence that supports her claim that she suffers
from a disability due to her mental illnesses. She does not analyze specifically how the
evidence to which she points supports a finding that Plaintiff met the listing requirements
for mental illness. The Court concludes that the ALJ had substantial ev idence to support
his findings regarding Plaintiff’s mental limitations. The ALJ found, and evidence in the
record supports, that Plaintiff engaged in a full range of daily activities, despite her illness.
She cooked, cleaned, did laundry, and cared for her teenaged daughter. Any limits to
taking care of her personal hygiene resulted from her physical limitations. Similarly, the
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finding that Plaintiff had mild difficulty with social functioning is supported by substantial
evidence that, despite failing to engage in social activities and being frightened to go out
alone, examiners still found that Plaintiff could interact and get along with others at least
moderately well. No episodes of decompensation are contained in the record. Because
even a marked limitation with reference to concentration, persistence or pace would not
yield a finding of disability under Paragraph B without repeated episodes of
decompensation, the Court must find that the ALJ had substantial evidence for his findings
in this respect.
Moreover, Plaintiff’s treatment records indicate that she has demonstrated the
ability while using medicaiton to “process information and answer question[s]
appropriately.” (R. at 358). Similarly, the record demonstrates that Plaintiff had no
episodes of decompensation. No doctor has predicted that a m inimal increase in mental
demands or a change in environment would lead to decompensation. Plaintiff has no
history of supportive living arrangements, and her PTSD does not prevent her from
functioning independently outside the home. The records of Plaintiff’s treatment providers
show that she is capable of caring for her daughter, in part by picking her up from her
school. (R. at 368). The ALJ therefore had substantial evidence to find that Plaintiff failed
to satisfy the paragraph C criteria.
In any case, Plaintiff does not directly argue that the ALJ lacked substantial
evidence to support his findings with reference to the paragraph B and C listings. Instead,
Plaintiff’s argument focuses on whether the ALJ assigned improper weight to the opinion
of her treating psychiatrist. The legal standard recited in section B above applies here as
well. With reference to Dr. Meridell Lopez, who the ALJ identified as “a psychological
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treatment provider,” the ALJ stated that Dr. Lopez:
opined that the claimant has extreme limitations to her ability to relate to family
and acquaintances, deal with the public, use judgment, relate to authority figures,
deal with stress, and maintain attention and concentration. Dr. Lopez opined that
the claimant has moderate limitations following the rules and functioning
independently. Dr. Lopez opined that the claimant has marked limitations in
understanding, remembering and carrying out simple, detailed, and complex
instructions. Dr. Lopez further opined that the claimant has extreme limitations in
her ability to behave in an emotionally stable manner and demonstrate reliability,
marked limitations relating predictably in social situations, and none or mild
limitations maintaining personal appearance. The undersigned has given Dr.
Lopez’s opinion little weight, as it is a form report, as it is inconsistent with treatment
notes that detail a progressive improvement in the claimant’s condition, and is
inconsistent with the claimant’s own testimonial and documentary admission that
she gets along well with others and with the claimant’s range of daily activities. The
undersigned further notes that Dr. Lopez’s conclusory assertions are set forth on a
check-off form report, entitled to little weight in the adjudicative process (as noted
above), a report that includes almost no objective findings supportive of such
assertions.
(R. at 34).
The Court finds that the ALJ provided good reasons for the weight assigned to Dr.
Lopez’s opinion. The ALJ described Dr. Lopez’s speciality and treatment of the Plaintiff,
compared Dr. Lopez’s opinion with the record of his treatment of Plaintiff and other
records concerning her mental state, and explained how Plaintiff’s own testimony was
inconsistent with the restrictions assigned by Dr. Lopez. The ALJ also noted that the
report Dr. Lopez signed was a form report offering no substantive explanation for his
findings. The Court must therefore find that the ALJ had good reasons for assigning
limited weight to Dr. Lopez’s opinion. The Court will deny the Plaintiff’s motion on these
grounds as well.
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VI.
CONCLUSION
For the foregoing reasons, Plaintiff’s motion for judgment on the pleadings is
DENIED. The Commissioner’s motion for judgment on the pleadings is GRANTED. The
decision of the Commissioner is affirmed.
IT IS SO ORDERED.
Dated:March 9, 2016
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