Boner-Clark v. Commissioner of Social Security

Filing 15

ORDER adopting Report and Recommendation 12 ; overruling objections to the Report and Recommedation; affirming the decision of the Commissioner. Signed by Judge Sandra S Beckwith on 3/8/16. (mb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Annette Boner-Clark,
Plaintiff,
vs.
Carolyn W. Colvin,
Acting Commissioner of
Social Security,
Defendant.

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ORDER

This matter is before the Court on Magistrate Judge Bowman’s Report and
Recommendation of February 8, 2016 (Doc. No. 12) and Plaintiff Annette Boner-Clark’s
objections to the Report and Recommendation. Doc. No. 13. In her report, Judge Bowman
concluded that the Administrative Law Judge’s (“ALJ”) decision finding that Plaintiff is not
disabled under the Social Security regulations because she has the residual functional
capacity to perform several jobs that exist in significant numbers in the national economy
was supported by substantial evidence. Judge Bowman recommended that the ALJ’s
decision be affirmed and the case be closed on the docket of the Court. Upon de novo
review of Magistrate Judge Bowman’s Report and Recommendation, the Court agrees that
the ALJ’s decision finding that Plaintiff is not disabled under the Social Security regulations
was supported by substantial evidence. Fed. R. Civ. P. 72(b).
The ALJ’s decision not to give controlling weight, or even significant weight, to the
disability opinions of Plaintiff’s treating psychologist and Plaintiff’s treating physician was
supported by substantial evidence. As both the ALJ and Magistrate Judge Bowman

concluded, Dr. Spadafora’s opinion that Plaintiff would miss at least four days of work each
month due to disabling anxiety attacks is not supported by her office treatment notes, which
are largely illegible and, according to the Social Security Administration’s medical expert,
not in conformity with current standards of practice. Moreover, Dr. Spadafora’s disability
opinion is inconsistent with the Global Assessment of Functioning (“GAF”) scores she
assigned to Plaintiff indicating that she has only moderate limitations in mental functioning.
See Tr. 857, 870, 1114, 1025; Payne v. Commissioner of Social Sec., 402 Fed. Appx. 109,
113-14 (6th Cir. 2010)(ALJ may reject treating physician’s opinion that is not supported by
and/or is inconsistent with his own office treatment notes).
Similarly, the opinion of Dr. Walker, Plaintiff’s treating physician, indicating that
Plaintiff has significant restrictions in sitting, standing, and walking is not supported by her
office treatment notes and appears to be based largely, if not wholly, on Plaintiff’s
subjective complaints about her functional limitations. Tr. 1125-1129; Poe v. Commissioner
of Soc. Sec., 342 Fed. Appx. 149, 156 (6th Cir. 2009) (ALJ may reject treating physician’s
opinion when it is based on the claimant’s subjective complaints). Moreover, Dr. Walker
failed to identify the clinical findings that supported her opinion. Tr.1125; Bogle v. Sullivan,
998 F.2d 342, 347-48 (6th Cir. 1993) (treating physicians’ opinions are entitled to “great
weight only if they are supported by sufficient clinical findings and are consistent with the
evidence”).
The ALJ’s adverse credibility determination was supported by substantial evidence
for all of the reasons explained by Judge Bowman in her report. Doc. No. 12. at 17-20.
Finally, the ALJ did not make a vocational error in her hypothetical to the vocational
expert because she was only required to include those limitations she found credible and
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supported by the evidence. Casey v. Secretary of Health & Human Serv., 987 F.2d 1230,
1235 (6th Cir. 1993).
Accordingly, Plaintiff’s objections to the Report and Recommendation are not welltaken and are OVERRULED. The Court ADOPTS the Report and Recommendation. The
decision of the ALJ finding that Plaintiff is not disabled under the Social Security regulations
is AFFIRMED. THIS CASE IS CLOSED.

IT IS SO ORDERED

Date March 8, 2016

s/Sandra S. Beckwith
Sandra S. Beckwith
Senior United States District Judge

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