Willis v. Saul
Filing
18
MEMORANDUM OPINION (Cross-Motions for Summary Judgment). See Opinion for details. Signed by Senior United States District Judge Henry E. Hudson on 8/24/2020. (sbea,)
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
RICHARD W.,1
Plaintiff,
Civil No. 3:19-cv-296-HEH
ANDREW M.SAUL,
Commissioner of Social Security,
Defendant.
MEMORANDUM OPINION
(Cross-Motions for Summary Judgment)
Richard W.("Plaintiff) applied for Social Security Disability and Supplemental
Security Income under the Social Security Act("Act")on March 26,2015. Plaintiff
alleged disability stemming from numerous physical impairments with a purported onset
date of September 10, 2012. The Social Security Administration("SSA")initially denied
Plaintiffs claims on September 10, 2015, and affirmed the denial upon reconsideration
on November 17,2015. Plaintiff requested a hearing in writing on January 12,2016.
Thereafter, on August 18,2017, an Administrative Law Judge("ALJ")held a hearing and
denied Plaintiffs claims in a written decision on March 20, 2018. The ALJ concluded
that Plaintiff did not qualify as disabled under the Act because Plaintiff is able to perform
^ The Committee on Court Administration and Case Management ofthe Judicial Conference of
the United States has recommended that, due to the significant privacy concerns in social
security cases,federal courts should refer to claimants by only their first names and last initials.
Case 3:19-cv-00296-HEH Document 18 Filed 08/24/20 Page 2 of 19 PageID# 98
his past relevant work as a security guard. The Appeals Council denied Plaintiffs
request for review on February 25, 2019, rendering the ALJ's decision the final decision
ofthe Commissioner subject to review by this Court.^
Plaintiff now seeks judicial review ofthe ALJ's decision pursuant to 42 U.S.C.
§ 405(g), arguing that the ALJ erred by(1)finding that Plaintiffs prior work as a security
guard was past relevant work; and (2)rejecting the opinions of Dr. Powers, Dr. Monteiro,
and Toshal Thanawala, DPT,without providing legally sufficient reasons. (PL's Mem.
Supp. Mot. Summ.J. at 3-8,ECF No. 15.) This matter now comes before the Court on
the parties' cross-motions for summary judgment.^ The parties have submitted
memoranda supporting their respective positions, and the matter is now ripe for review.
For the reasons that follow, Plaintiffs Motion for Summary Judgment will be denied
(ECF No. 13), Defendant's Motion for Summary Judgment will be granted(ECF No. 16),
and the final decision ofthe Commissioner will be affirmed.
1.
STANDARD OF REVIEW
In reviewing the Commissioner's decision to deny benefits, the court "will affirm
the Social Security Administration's disability determination 'when an ALJ has applied
^ The administrative record in this case remains filed under seal, pursuant to E.D. Va. Loc. Civ.
R. 5 and 7(C). In accordance with these Rules, the Court will endeavor to exclude any personal
identifiers such as Plaintiffs social security number,the names of any minor children, dates of
birth (except for year of birth), and any financial account numbers from its consideration of
Plaintiffs arguments, and will hirther restrict its discussion of Plaintiffs medical information to
only the extent necessary to properly analyze the case.
^ Plaintiff also filed a Motion to Remand on September 3,2019(ECF No. 14). Because the
Motion to Remand is substantively duplicative of Plaintiffs Motion for Summary Judgment,the
Court will address only the merits ofthe cross-motions for Summary Judgment and will
accordingly deny as moot Plaintiffs Motion to Remand.
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correct legal standards and the ALJ's factual findings are supported by substantial
evidence.'" Mascio v. Colvin, 780 F.3d 632,634(4th Cir. 2015)(quoting Bird v.
Comm 'r ofSoc. Sec. Admin.,699 F.3d 337, 340(4th Cir. 2012)). Substantial evidence
requires more than a scintilla but less than a preponderance, and includes the kind of
relevant evidence that a reasonable mind could accept as adequate to support a
conclusion. Hancock v. Astrue, 667 F.3d 470,472(4th Cir. 2012); Craig v. Chafer, 76
F.3d 585, 589(4th Cir. 1996). Indeed,"the substantial evidence standard 'presupposes
... a zone of choice within which the decisionmakers can go either way, without
interference by the courts. An administrative decision is not subject to reversal merely
because substantial evidence would have supported an opposite decision.'" Dunn v.
Colvin,607 F. App'x 264, 274(4th Cir. 2015)(quoting Clarke v. Bowen,843 F.2d 271,
272-73 (8th Cir. 1988)).
To determine whether substantial evidence exists, the court must examine the
record as a whole, but may not "undertake to re-weigh conflicting evidence, make
credibility determinations, or substitute [its]judgment for that ofthe [ALJ]." Hancock,
661 F.3d at 472(second alteration in original)(quoting Johnson v. Barnhart,434 F.3d
650,653(4th Cir. 2005)). In considering the decision ofthe Commissioner based on the
record as a whole, the court must take into account "whatever in the record fairly detracts
from its weight." Breeden v. Weinberger, 493 F.2d 1002, 1007(4th Cir. 1974)(quoting
Universal Camera Corp. v. NLRB,340 U.S. 474,488(1951)). The Commissioner's
findings as to any fact, if substantial evidence in the record supports the findings, bind the
reviewing court to affirm regardless of whether the court disagrees with such findings.
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Hancock,667 F.3d at 472. If substantial evidence in the record does not support the
ALJ's determination, or ifthe ALJ has made an error oflaw, the court must reverse the
decision. Coffman v. Bowen,829 E.2d 514,517(4th Cir. 1987).
The SSA regulations set forth a five-step process that the agency employs to
determine whether disability exists. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4); see
Mascio, 780 F.3d at 634-35 (describing the ALJ's five-step sequential evaluation). To
summarize, at step one, the ALJ looks at the claimant's current work activity.
§§ 404.1520(a)(4)(i), 416.920(a)(4)(i). At step two, the ALJ asks whether the claimant's
medical impairments meet the regulations' severity and duration requirements.
§§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii). Step three requires the ALJ to determine
whether the medical impairments meet or equal an impairment listed in the regulations.
§§ 404.1520(a)(4)(iii), 416.920(a)(4)(iii). Between steps three and four, the ALJ must
assess the claimant's residual functional capacity("RFC"), accounting for the most that
the claimant can do despite her physical and mental limitations. §§ 404.1545(a),
416.945(a). At step four, the ALJ assesses whether the claimant can perform her past
work given her RFC. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). Finally, at step five, the
ALJ determines whether the claimant can perform any work existing in the national
economy. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v). "If an applicant's claim fails at any
step ofthe process, the ALJ need not advance to the subsequent steps." Pass v. Chater,
65 F.3d 1200, 1203(4th Cir. 1995)(citation omitted). The claimant bears the burden of
production and proof at steps one through four. Hancock,667 F.3d at 472. However, at
step five, the burden then shifts to the Commissioner. Id. at 472-73.
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11.
THE ALJ'S DECISION
On August 18, 2017,the ALJ held a hearing during which Plaintiff, represented by
counsel, and a vocational expert("VE")testified. (R. at 45-78.) On March 20, 2018,the
ALJ issued a written opinion, finding that Plaintiff did not qualify as disabled under the
Act. (R. at 16-26.) The ALJ followed the five-step evaluation process established by the
Act in analyzing Plaintiffs disability claim. (R. at 16-26.) At step one,the ALJ found
that Plaintiff had not engaged in substantial gainful activity("SGA")between his alleged
onset date of September 10, 2012, and his date last insured ofDecember 31, 2017. (R.
at 18.) At step two, the ALJ found that Plaintiff suffered from degenerative disc disease,
stenosis, bulging discs status post laminectomy, right shoulder sternal clavicle (or joint
dislocation status post distal clavicle resection), acromioplasty, and biceps tendonesis.
(R. at 18-19.) At step three, the ALJ found that Plaintiff did not have an impairment or
combination of impairments that met or medically equaled the severity of one ofthe
listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. (R. at 19.)
In assessing Plaintiffs reduced functional capacity, the ALJ found that Plaintiff
could perform light work through the last date insured. (R. at 20.) The ALJ further
determined that Plaintiff could "occasionally] climb ramps, stairs, ladders, ropes, and
scaffolds, occasionally stoop, kneel, crouch, and crawl, and frequent[ly reach over his
head Jwith the bilateral upper extremities." (R. at 20.) At step four, the ALJ found that
Plaintiff was capable of performing his past relevant work as a security guard. (R. at 24.)
Accordingly, the ALJ was not required to consider step five, ultimately determining that
Plaintiff did not qualify as disabled under the Act. (R. at 26.)
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III.
ANALYSIS
A. The ALJ's finding that Plaintiff could perform his past relevant work is
supported by substantial evidence.
Plaintiffs first assignment of error on appeal challenged the ALJ's finding that his
prior work as a security guard qualified as past relevant work. (PL's Mem. at 3-5.)
Specifically, Plaintiff claims that that he held this job as an acconunodation firom his
charitable brother-in-law, who made special accommodations to allow him to remain in
the job, including that Plaintiff:
[RJecieved assistance fi-om other employees in performing his work;...
was allowed to work irregular hours or take fi*equent rest periods;... was
permitted to work at a lower standard ofproductivity or efficiency than
other employees;...[and] was given the opportunity to work despite his
impairments due to his familial relationship.
(Id. (citing 20 C.F.R. § 404.1573(c)).) Accordingly, Plaintiff maintains that the
presumption has been rebutted, even if his earnings firom this employment created a
presumption of SGA. (Id.) Defendant asserts that, after thoroughly considering the
relevant factors and evidence presented, the ALJ properly concluded that Plaintiffs work
as a security guard was past relevant work that Plaintiff could perform. (Def.'s Mot.
Summ.Judgment and Br. Supp. at 1-2,15-19,ECF No. 16.)
"Past relevant work" is defined as work that the claimant has performed '^vithin
the past 15 years, that was substantial gainful activity, and that lasted long enough for
[the claimant] to learn to do it." §§ 416.960(b)(1), 404.1565(a), 486.965(a); 5ee SSR 82-
62. The United States Court of Appeals for the Fourth Circuit has held that "in order to
be classified as past relevant work, for the purpose of determining disability, the work
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must have been substantial gainful activity." Connolly v. Bowen,879 F.2d 862
(4th Cir. 1989)(unpublished table decision). "Substantial gainful activity is work activity
that is both substantial and gainful." § 404.1572. Work activity is substantial when it
involves significant physical or mental activities, meaning the activities are "useful in the
accomplishment of ajob and have economic value." § 404.1572(a); SSR 83-33. Gainful
work activity is "usually done for pay or profit." § 404.1572(b); SSR 83-33.
Generally, earnings derived from the work activity are the primary consideration
in evaluating SGA. § 404.1574(a)(1). Ifsubstantial earnings are made from the work
activity, it will ordinarily constitute SGA. Id. For the calendar years of2010 and 2011—
the years in which Plaintiff worked as a security guard—^the Substantial Gainful Activity
Earnings Guidelines specify that earnings of an employee are substantial ifthe amount
averages more than $1,000.00 per month. See Program Operations Manual System
("POMS")§ DI 10501.015(B), https://secure.ssa.gOv/appsl0/poms.nsfrlnx/0410501015
(last visited August 21, 2020); R. at 195, 245. A presumption ofSGA arises if a
claimant's monthly earnings exceed the Guidelines. See § 404.1574(a)(1); Payne v.
Sullivan, 946 F.2d 1081, 1083(4th Cir. 1991); Martin S. v. Berryhill, No.6:18-CV-62,
2019 WL 3851140, at *2(W.D. Va. July 29, 2019);Sprouse v. Astrue, No. 5:10-CV00113,2011 WL 2441263, at *2(W.D. Va. June 13,2011).
If work is done under special conditions, the ALJ "may find that it does not show
that you have the ability to do substantial gainful activity." § 404.1573(c). Special
conditions include, but are not limited to: requiring and receiving special assistance from
other employees in order for the claimant to perform his work; working irregular hours or
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taking frequent rest periods; being provided with special equipment or assigned work
especially suited for the claimant's impairment; being able to work only because of
specially arranged circumstances; being permitted to work at a lower standard of
productivity or efficiency; and/or being given the work due to a familial relationship, or
association with the employer. § 404.1573(c)(l-6). "However, work done under special
conditions may show that [the claimant has] the necessary skills and ability to work at the
substantial gainful activity level." Id. To rebut the presumption ofSGA,affirmative
evidence must be provided to the ALJ to prove the existence ofspecial conditions. See
Payne,946 F.2d at 1084; SSR 16Adi.
To qualify as past relevant work,the work experience must last long enough for
the employee to learn the job. § 416.965(a). According to the Dictionary of
Occupational Titles, a security guard has a vocational preparation level ofthree, calling
for one to three months to learn the job. Dictionary ofOccupational Titles 372.667-034
(Rev. 2003);POMS § DI 25001.001(A)(77), https://secure.ssa.gov/appslO/poms.nsf/lnx/0425001001 (last visited August 21, 2020);see Coleman v. Astrue, No.4:12-cv00008,2012 WL 5398005, at *3(W.D. Va. Nov. 2, 2012).
Plaintiff worked as a security guard from August 1, 2010 to July 15, 2012. (R. at
195, 245.) This time period was well within fifteen years ofthe expiration ofthe date last
insured, December 31, 2017. (R. at 24-26, 195, 245.) The ALJ correctly concluded that
because Plaintiff worked for approximately two years in this position with a specific
vocational preparation of three, he worked long enough to learn the job. (R. at 24 (citing
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POMS § DI25001.001(A)(77)).) Further, Plaintiff did not contest this issue upon his
appeal. (See PL's Mem. at 3-5.)
Plaintiffs biweekly salary ranged from $1,400.00 to $2,000.00, which equates to
$2,800.00 to $4,000.00 per month. (R. at 243.) As the SGA monthly amount was only
$1,000.00 for 2010 and 2011,the ALJ concluded that Plaintiff earned over the guideline
amount as a security guard, thus creating the presumption of SGA. (R. at 25.) However,
Plaintiffs employer indicated that Plaintiff was paid a higher than average wage as an
accommodation, as the typical security guard earns $14.00 per hour. (R. at 245; see PL's
Mem. at 3.) Assuming that Plaintiffs salary was an accommodation,the ALJ found that
Plaintiff would make between $1,344.00 to $1,680.00 monthly at the reduced rate of$14.
(R. at 25, 245.) This unaccommodated pay was still greater than the $1,000.00 monthly
SGA. (R. at 25, 245.) Thus, the ALJ concluded that even if Plaintiff was accommodated,
the typical salary of$14 would surpass the SGA threshold. (R. at 25, 245.)
Plaintiff argues that the presumption ofSGA is rebutted as he worked under
"special conditions," delineated above. (PL's Mem. at 3-4(citing 20 C.F.R.
§ 404.1573(c)).) To support his allegation. Plaintiffs former employer submitted a
statement to the ALJ, and Plaintiff provided a payroll transaction list detailing his
earnings while working. (R. at 243,245.) The documentation showed that Plaintiff
earned between $1,400.00 and $2,000.00 biweekly. (R. at 242-43.) Plaintiffs employer
indicated that Plaintiff was paid more than another employee in a similar position, writing
in her statement that Plaintiff"received extra help/lower productivity allowed due to
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changes in physical ability. Continued to work and help with the security advisory until
not able to be productive and reliable due to frequent absences." (R. at 244-45.)
Plaintiff argued that the ALJ did not discuss the regulatory factors that
accommodated Plaintiffs work. (Pl.'s Mem. at 4.) However,the only document
providing support for Plaintiffs "special conditions" was the employer's statement. (R.
at 25, 244-48.) The ALJ informed Plaintiffthat he may: submit additional
documentation, request a supplemental hearing, submit additional evidence such as
written or oral statements about the facts or the law; and request an opportunity to
question witnesses. (R. at 246.) The ALJ even stated that the Plaintiff may request the
ALJ to subpoena witnesses or records for the full presentation ofthe case. (R. at 247.)
Plaintiff was given ten days to submit or request further documentation, but he did not
submit any additional evidence to support or corroborate his claims. (R. at 25,246-47.)
As a result. Plaintifffailed to provide sufficient evidence or proofthat his work was
accommodated or subsidized as the provided documentation merely stated that Plaintiff
received accommodations without explaination or description. (R. at 25.) Therefore,
the Court finds that the ALJ did not err in finding that Plaintiffs prior work as a security
guard was past relevant work as the finding is supported by substantial evidence.
B. The ALJ provided sufficient reasons for rejecting the opinions of Dr. Powers,Dr.
Monteiro, and Toshal Thanawala,DPT.
Plaintiffs second assignment of error is that the ALJ erred in discounting the
opinions of Dr. Graham Powers, Dr. Glen Monteiro, and Toshal Thanawala, DPT. (Pl.'s
Mem. at 8-14.) Specifically, Plaintiff contends that the ALJ would have found greater
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limitations that precluded the performance of SGA had the ALJ conducted a proper
evaluation ofthe treating and examining source opinions. {Id. at 14.) Defendant asserts
that the ALJ reasonably assigned the opinions little or partial weight, and thus,
substantial evidence supports the ALJ's determination. (Def.'s Mem. at 21-22.)
As part ofthe sequential analysis, the ALJ analyzes the claimant's medical records
and medical evidence from any consultative examinations or medical expert evaluations
that the ALJ ordered to determine whether the claimant has a medically-determinable
severe impairment that would significantly limit the claimant's physical or mental ability
to do basic work activities. §§ 404.1512, 404.1527,416.912,416.927. When the record
contains multiple consistent medical opinions—including those from Plaintiffs treating
sources, consultative examiners, or other sources—^the ALJ makes findings based on that
evidence. §§ 404.1527(c), 416.927(c). If, however, a medical opinion or other evidence
is inconsistent, the ALJ must evaluate the opinions and assign them respective weight to
properly analyze the evidence involved. §§ 404.1527(c)(2)-(6),(d), 416.927(c)(2)-(6),
(d).
Courts generally should not disturb an ALJ's decision as to the weight afforded a
medical opinion absent some indication that the ALJ "dredged up 'specious
inconsistences.'" Dunn,607 F. App'x at 267(citing Scivally v. Sullivan,966 F.2d 1070,
1077(7th Cir. 1992)). Indeed, an ALJ's decision regarding weight afforded a medical
opinion should be left untouched unless the ALJ failed to give a sufficient reason for the
weight afforded. Id. In making explaining the decision,"the ALJ must build an accurate
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and logical bridge from the evidence to [the] conclusion." Monroe v. Colvin, 826 F.3d
176, 189(4th Cir. 2016)(quoting Clifford v. Apfef 227 F.3d 863, 872(7th Cir. 2000)).
Under the regulations, only an "acceptable medical source" may be considered a
treating source that offers an opinion entitled to controlling weight. SSR 06-3p.'*
Acceptable medical sources include licensed physicians, licensed or certified
psychologists, and certain specialists depending on the claimed disability.
§§ 404.1513(a), 404.1527(a),416.913(a), 416.927(a). Opinions from "other sources,"
such as nurse-practitioners, physician's assistants, or therapists, may also be considered
under the regulations. SSR 06-03p; §§ 404.1527(f), 416.927(f).^
A treating source's opinion must be given controlling weight if it is well-supported
by medically acceptable clinical and laboratory diagnostic techniques and is not
inconsistent with other substantial evidence in the record. §§ 404.1527(c)(2),
416.927(c)(2); see Lewis v. Berryhill, 858 F.3d 858, 867(4th Cir. 2017); Craig, 76 F.3d
at 590; SSR 96-2p. Further, the ALJ is not required to accept opinions from a treating
Effective March 27,2017, the SSA rescinded SSR 96-2p and 06-3p and incorporated some of
the Rulings into 20 C.F.R. §§ 404.1527(f), 416.927(f). 82 Fed. Reg. 5844-01, at 5844-45, 5854-
55 (Jan. 18, 2017). Plaintifffiled his claims on March 26, 2015, prior to this regulation taking
effect. (R. at 225.) The Supreme Court requires that Congress expressly convey an agency the
power to promulgate retroactive rules. Bowen v. Georgetown Univ. Hosp.,488 U.S. 204, 208
(1988). Congress has not explicitly granted retroactive rulemaking power to the Agency. 42
U.S.C. § 405(a)(granting the Agency the general power to make rules, but not granting
retroactive rulemaking power). Thus, the Agency does not have the power to engage in
retroactive rulemaking. See id. Because the regulation does not have retroactive effect, SSR
06-03p applies to Plaintiffs claim.
^ The regulations detail that "other sources" include medical sources that are not considered
"acceptable medical sources" under 20 C.F.R. §§ 404.1527(f) and 416.927(f). The given
examples are a non-exhaustive list. SSR 06-03p.
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source in every situation, such as when: the source opines on the issue of whether the
claimant is disabled for purposes of employment, an issue reserved for the
Commissioner; the treating source's opinion is inconsistent with other evidence; or the
opinion is not otherwise well-supported. §§ 404.1527(c)(3)-(4),(d), 416.927(c)(3)-(4),
(d);
Mastro v. Apfel, 270 F.3d 171, 178(4th Cir. 2001)("[T]he ALJ holds the
discretion to give less weight to the testimony of a treating physician in the face of
persuasive contrary evidence."); see also Craig, 76 F.3d at 590("[I]f a physician's
opinion is not supported by clinical evidence or if it is inconsistent with other substantial
evidence, it should be accorded significantly less weight.").
The ALJ's assignment of weight must be sufficiently specific "to make clear to
any subsequent reviewers the weight the adjudicator gave to the ... source's medical
opinion and the reasons for that weight." SSR 96-2p (discussing affording weight to the
treating physician); see Gordon v. Schweiker, 725 F.2d 231, 235 (4th Cir. 1984). The
ALJ must consider the following factors when evaluating a treating source's opinion: (1)
the length ofthe treating source relationship and fi*equency of examination;(2)the nature
and extent ofthe treatment relationship;(3)supportability based upon the medical record;
(4)consistency between the opinion and the medical record;(5)any specialization on the
part ofthe treating source; and(6)any other relevant factors. §§ 404.1527(c),
416.927(c). However,those same regulations specifically vest the ALJ—not the treating
source—^with the authority to determine whether a claimant is disabled as that term is
defined under the Act. §§ 404.1527(d)(1), 416.927(d)(1). Although the regulations
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explicitly apply these enumerated factors only to treating sources, those same factors may
be applied in evaluating opinion evidence from "other sources." SSR 06-03p.
On July 25, 2017, Plaintiff visited Dr. Powers, his primary care physician, for a
musculoskeletal evaluation. (R. at 451-53.) Dr. Powers noted Plaintiff had back pain,
leg weakness, and significantly reduced range of motion. (R. at 451.) Even so. Dr.
Powers found Plaintiff could stand, walk, and sit for two hours of an eight-hour workday,
but that Plaintiff needed to walk periodically throughout the day and use a cane or
assistive device. (R. at 451-53.) He further opined that Plaintiff occasionally had the
ability to bend and twist at the waist. (R. at 451-53.) Lastly, Dr. Powers found that
Plaintiff would be absent from work more than three times a month due to Plaintiffs
impairments or treatment. (R. at 451-53.) While Dr. Powers had treated Plaintifffor
over ten years. Plaintiff had not visited Dr.Powers for over two years prior to this
appointment. (R. at 451-53.)
Plaintiff met with Dr. Monteiro on August 29,2015,to complete a Medical
Consultant Report. (R. at 307-11.) Dr. Monteiro found Plaintiff could stand, walk, and
sit for six hours of an eight-hour workday and did not need an assistive device to
ambulate. (R. at 309-10.) Dr. Monteiro also found Plaintiff could handle, grasp, and
touch frequently, cany ten pounds occasionally, and carry less than or equal to ten
pounds frequently. (R. at 310.) Although Plaintiff could also frequently stoop, crouch,
and bend. Dr. Monteiro opined that Plaintiff may face limitations during flare ups of his
back issues despite having no red flags of acute back pain. (R. at 309-10.)
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On May 8, 2017, Plaintiff met with Thanawala, DPT,to complete an outpatient
physical therapy evaluation and plan oftreatment. (R. at 429-38.) Thanawala found that
Plaintiff had a 46% disability. (R. at 433.) Plaintiffs mobility assessment showed he
was completely independent in all basic and additional mobility categories, scoring an 84
out of84. (R. at 434.) Plaintiff reported his current living environment as: "lives with
wife ... performs yard work, has to lift logs, and likes riding motorbikes." (R. at 432.)
Thanawala set short and long-term goals for Plaintiff, and Plaintiffs own goals included
decreasing pain and being able to ride his motorbike for long distances. (R. at 431.)
The ALJ assigned Dr. Powers's and Thanawala's, DPT, opinions little weight and
Dr. Monteiro's opinion partial weight, reasoning that each opinion is inconsistent with
the objective medical records. (R. at 20,22-23.) The ALJ noted the specific
inconsistencies of each opinion with Plaintiffs minimal and conservative treatment. (R.
at 23.) The ALJ's thorough explanations are legally sufficient and "build ...the logical
bridge" necessary for this Court to perform a meaningful review. See Monroe,826 F.3d
at 189. Therefore, the ALJ did not err in finding Dr. Powers's, Dr. Monteiro's, and
Thanawala's treating opinions deserved partial and little weight due to their inconsistency
with the objective medical records.
Substantial evidence supports the ALJ's assignment of limited weight to Dr.
Powers's, Dr. Monteiro's, and Thanawala's, DPT,opinions. The weight ofthe objective
evidence reflects that Plaintiff is capable of performing light work. (R. at 20.) As the
ALJ found. Plaintiff is able to stand to take a shower, prepare simple meals, use a
microwave, perform yard work, and lift logs; he is able to live independently and enjoys
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to ride motorbikes. (R. at 22,23, 308,432.) Further, during the hearing on August 18,
2017,Plaintifftestified that: "I used to be an avid motorcycle rider. I haven't touched it in
two years. 50 miles in two years. I was an avid golf player. Not played in five years." (R.
at 45,66-67.) The ALJ found that Plaintiffs ability to maintain such a lifestyle belies
opinions of his disability. (R. at 22-23.)
Moreover, Plaintiffs entire treatment plan consisted of conservative treatments:
home exercise, prescription medication, brief physical therapy, minimal doctors' visits,
and one injection. (R. at 20-24.) The ALJ's finding is buttressed by the fact that
Plaintiffs providers consistently recommended these treatments and did not advise
Plaintiffto seek aggressive treatment. (R. at 80-81,254, 256,277, 305, 316, 318,427,
431,435-38,442.) Plaintiffs evaluations mostly described "normal range of motion,
strength tone, motor and sensory function, reflexes, gait, and coordination." (R. at 256,
262, 270,280,282,288, 293, 301, 309,426.) With the conservative treatment, the ALJ
could reasonably infer that Plaintiffs impairments were not as severe as he. Dr. Powers,
Dr. Monteiro, or Thanawala, DPT, assessed. See Dunn,607 F. App'x at 274-75.
The ALJ assigned Dr. Monteiro's opinion partial weight. (R. at 22.) The portion
of his opinion relating to Plaintiffs ability to stand, walk, and sit for six hours is
consistent with the objective medical records. (R. at 22, 304-06.) This opinion is
consistent with the radiological evidence ofPlaintiffs conditions and his minimal
treatment. (R. at 20-24, 80-81, 254,256,277,305,316, 318,427,431,435-38,442.)
Further, this opinion is consistent with Plaintiffs description of his current living
situation to the physical therapist. (R. at 23,432.) However, Dr. Monteiro's opinions of
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Plaintiffs ability to lift and cany only ten pounds—along with the limitations for
handling, grasping, and touching—are inconsistent with the objective medical records
showing "normal range of motion, strength tone, motor and sensory function, reflexes,
gait, and coordination." (R. at 20-24,253, 256,262, 270, 280, 282,288,293, 301,309,
426.) The ALJ properly assigned Dr. Monteiro's opinions partial weight as only portions
were consistent with the objective medical records. See §§ 404.1527(c), 416.927(c); e.g.,
Johnson,434 F.3d at 654-57; Chandler v. Colvin, No. 1:15-CV-214, 2017 WL 6539983,
at *10-13(N.D. W. Va. Jan. 31,2017).
The ALJ assigned Dr. Powers's opinion little weight. (R. at 23.) Dr. Powers's
opinions received little weight because he had no treating records ofPlaintiff since March
2015; his opinions were also inconsistent with Plaintiffs conservative treatment and
Plaintiffs description of his current living situation. (R. at 20-24,451-53, 80-81, 254,
256,277,305, 316,318,427,431-32 435-38,442.) Dr. Powers also opined that Plaintiff
needed a cane, which was inconsistent with the medical records that indicated no use or
need for a cane. (R. at 23,260-303,307-11,421-53.) The ALJ properly assigned Dr.
Powers's opinion little weight given its inconsistency with the objective medical records.
See §§ 404.1527(c), 416.927(c); e.g., Johnson,434 F.3d at 654-57; Chandler, 2017 WL
6539983, at*10-13.
The ALJ assigned Thanawala's, DPT,opinion minimal weight. (R. at 23.)
Thanawala opined Plaintiff had a 46% disability. (R. at 23,433.) However,the ultimate
conclusion of disability is reserved to the Commissioner of Social Security. (R. at 23
(citing 20 C.F.R. § 404.1527(d)(1),(d)(3)).) Further, Thanawala's, DPT,opinion is
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inconsistent with Plaintiffs minimal treatment, and minimal radiological and clinical
findings. (R. at 20-24.) The ALJ properly assigned Thanawala's, DPT,opinion little
weight as it was entirely inconsistent with the objective medical records. See
§§ 404.1527(c), 416.927(c); e.g., Johnson, 434 F.3d at 654-57; Chandler, 2017 WL
6539983, at *10-13.
This Court reminds Plaintiff that "[a]n administrative decision is not subject to
reversal merely because substantial evidence would have supported an opposite
decision." Id. at 274. When taken as a whole. Plaintiffs treatment record is consistent
with the less restrictive findings that the ALJ described in her written findings, permitting
Plaintiff to perform light work. Substantial evidence in Plaintiffs treatment record
therefore supports the ALJ's assignment of limited weight to Dr. Powers's, Dr.
Monteiro's, and Thanawala's, DPT,opinions.
Accordingly,the Court finds that the ALJ did not err in giving reduced weight to
the opinions ofDr. Powers, Dr. Monteiro, and Toshal Thanawala, DPT. The Court holds
that the ALJ's conclusion that Plaintiff was not disabled is supported by substantial
evidence.
IV.
CONCLUSION
For the reasons set forth above. Plaintiffs Motion for Summary Judgment will be
denied(ECF No. 13), Plaintiffs Motion for Remand will be denied as moot(ECF
No. 14), Defendant's Motion for Summary Judgment will be granted(ECF No. 16), and
the final decision ofthe Commissioner will be affirmed.
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An appropriate Order will accompany this Memorandum Opinion.
/s/
Henry E. Hudson
Senior United States District Judge
Date:
Richmond, Virginia
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