Woods v. Colvin

Filing 17

MEMORANDUM OPINION. Signed by Magistrate Judge Pamela Meade Sargent on 01/19/2016. (Bordwine, Robin) Modified on 1/19/2016 - corrected entry to reflect 1/19/2016 instead of 1/19/2015 (ejs).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ABINGDON DIVISION
CHRISTOHER ALLEN WOODS, )
Plaintiff
)
)
v.
)
)
CAROLYN W. COLVIN,
)
Acting Commissioner of
)
Social Security,
)
Defendant
)

Civil Action No. 1:14cv00067
MEMORANDUM OPINION
BY: PAMELA MEADE SARGENT
United States Magistrate Judge

I. Background and Standard of Review
Plaintiff, Christopher Allen Woods, (“Woods”), filed this action challenging
the final decision of the Commissioner of Social Security, (“Commissioner”),
determining that he was not eligible for disability insurance benefits, (“DIB”),
under the Social Security Act, as amended, (“Act”), 42 U.S.C.A. § 423 (West
2011). Jurisdiction of this court is pursuant to 42 U.S.C. § 405(g). This case is
before the undersigned magistrate judge by transfer based on consent of the parties
pursuant to 28 U.S.C. § 636(c)(1).
The court’s review in this case is limited to determining if the factual
findings of the Commissioner are supported by substantial evidence and were
reached through application of the correct legal standards. See Coffman v. Bowen,
829 F.2d 514, 517 (4th Cir. 1987). Substantial evidence has been defined as
“evidence which a reasoning mind would accept as sufficient to support a
-1-

particular conclusion. It consists of more than a mere scintilla of evidence but may
be somewhat less than a preponderance.” Laws v. Celebrezze, 368 F.2d 640, 642
(4th Cir. 1966). ‘“If there is evidence to justify a refusal to direct a verdict were the
case before a jury, then there is “substantial evidence.’”” Hays v. Sullivan, 907
F.2d 1453, 1456 (4th Cir. 1990) (quoting Laws, 368 F.2d at 642).
The record shows that Woods protectively filed an application for DIB on
July 15, 2011, alleging disability as of May 23, 2011, due to a stomach ulcer,
agoraphobia, anxiety, depression and chronic pain. (Record, (“R.”), at 173-75, 187,
193.) The claim was denied initially and on reconsideration. (R. at 80-82, 86-88,
91-94, 96-98.) Woods then requested a hearing before an administrative law judge,
(“ALJ”). (R. at 99.) A hearing was held by video conferencing on April 30, 2013,
at which Woods was represented by counsel. (R. at 30-54.)
By decision dated May 17, 2013, the ALJ denied Woods’s claim. (R. at 1424.) The ALJ found that Woods met the nondisability insured status requirements
of the Act for DIB purposes through December 31, 2015.1 (R. at 16.) The ALJ
also found that Woods had not engaged in substantial gainful activity since May
23, 2011, his alleged onset date. (R. at 16.) The ALJ found that the medical
evidence established that Woods suffered from severe impairments, namely
fibromyalgia; myalgias with chronic pain; gastroesophageal reflux disease,

1

Therefore, the relevant time period for determining disability is between May 23, 2011,
the alleged onset date, and December 31, 2015, the date last insured.

-2-

(“GERD”);

prostatitis;

benign

prostatic

hyperplasia,

(“BPH”); 2

neurotic

depression; and generalized anxiety disorder, but he found that Woods did not have
an impairment or combination of impairments listed at or medically equal to one
listed at 20 C.F.R. Part 404, Subpart P, Appendix 1. (R. at 16.) The ALJ found that
Woods had the residual functional capacity to perform low-stress light work,3
which did not require more than occasional decision-making, changes in the work
setting and interaction with the public or with co-workers. (R. at 18.) The ALJ
found that Woods was unable to perform any of his past relevant work. (R. at 23.)
Based on Woods’s age, education, work history and residual functional capacity
and the testimony of a vocational expert, the ALJ found that jobs existed in
significant numbers in the national economy that Woods could perform, including
jobs as a night cleaner, an assembler and a packaging line worker. (R. at 23-24.)
Thus, the ALJ found that Woods was not under a disability as defined by the Act
and was not eligible for DIB benefits through the date of the decision. (R. at 24.)
See 20 C.F.R. § 404.1520(g) (2015).
After the ALJ issued his decision, Woods pursued his administrative
appeals, (R. at 7-8, 10), but the Appeals Council denied his request for review. (R.
at 1-5.) Woods then filed this action seeking review of the ALJ’s unfavorable
2

BPH is a noncancerous enlarged prostate gland that can be a nuisance, but it is usually
not a serious problem. See WebMD, http://www.webmd.com/men/prostate-enlargementbph/benign-prostatic-hyperplasia-bph-topic-overview (last visited January 15, 2016).
3

Light work involves lifting items weighing up to 20 pounds at a time with frequent
lifting or carrying of items weighing up to 10 pounds. If someone can perform light work, he
also can perform sedentary work. See 20 C.F.R. § 404.1567(b) (2015).

-3-

decision, which now stands as the Commissioner’s final decision. See 20 C.F.R. §
404.981 (2015). The case is before this court on the Commissioner’s motion for
summary judgment 4 filed April 3, 2015.
II. Facts
Woods was born in 1963, (R. at 173), which, at the time of the ALJ’s
decision, classified him as a “younger person” under 20 C.F.R. § 404.1563(c). He
has a tenth-grade education and vocational training in welding. (R. at 34, 188.)
Woods has past relevant work experience as a welder/fabricator. (R. at 34-35,
188.)
Ashley Wells, a vocational expert, also was present and testified at Woods’s
hearing. (R. at 45-52.) Wells characterized Woods’s past work as a welder as
medium5 and skilled, but it would be considered light work according to Woods’s
description of his job performance. (R. at 46.) Wells was asked to consider a
hypothetical individual of Woods’s age, education and past work experience who
could perform light work. (R. at 47-48.) She testified that such an individual could
perform Woods’s past work as a welder, as he performed it. (R. at 48.) Wells was
next asked to consider a hypothetical individual who could perform light work that
4

Woods did not file a motion for summary judgment in this matter. Instead, he was
granted leave to file a reply brief, which he filed on April 27, 2015.
5

Medium work involves lifting items weighing up to 50 pounds at a time with frequent
lifting or carrying of items weighing up to 25 pounds. If an individual can do medium work, he
also can do sedentary and light work. See 20 C.F.R. § 404.1567(c) (2015).

-4-

required no more than occasional decision-making, changes in the work setting and
interaction with the public or co-workers. (R. at 48.) She testified that such an
individual could not perform Woods’s past work, but could perform the jobs of an
assembler, a night cleaner and a hand packager. (R. at 48-49.) Wells was asked to
consider the same hypothetical individual who could occasionally lift objects
weighing 20 pounds and frequently lift objects weighing 10 pounds; who could
stand and/or walk two hours and sit for up to six hours out of an eight-hour
workday; who could occasionally climb ladders, ropes and scaffolds; who could
frequently climb ramps and stairs, balance, stoop, kneel, crouch, crawl and reach
over his head with his right upper extremity; who was limited to occasional
decision-making, changes in the work setting and interaction with the public or coworkers; and who would be absent from the workplace not more than one day a
month. (R. at 50.) Wells testified that there was a significant number of sedentary6
jobs that such an individual could perform, including jobs as a tester, inspector,
sorter, a packaging operator, a production worker and a final assembler. (R. at 50.)
Lastly, Wells was asked to consider a hypothetical individual who could perform
simple, routine, repetitive sedentary work in an environment free of fast-paced
production requirements, that involved only simple work-related decisions and
few, if any, workplace changes, that required no more than occasional climbing of
6

Sedentary work involves lifting items weighing up to 10 pounds with occasional lifting
or carrying of articles like docket files, ledgers and small tools. Although a sedentary job is
defined as one which involves sitting, a certain amount of walking and standing is often
necessary in carrying out job duties. Jobs are sedentary if walking and standing are required
occasionally and other sedentary criteria are met. See 20 C.F.R. § 404.1567(a) (2015).

-5-

ramps or stairs, balancing, kneeling, crouching, reaching overhead with his right
upper extremity, interaction with others, the public or co-workers; who could never
crawl or climb ladders, ropes or scaffolds and stoop; who must avoid concentrated
exposure to cold and heat, wetness and humidity, vibration, irritants, chemicals,
moving machinery and heights; and who would be absent from work at least two
days per month. (R. at 51.) She testified that there would be no jobs available that
such an individual could perform. (R. at 51.)
In rendering his decision, the ALJ reviewed medical records from Dr.
Andrew Bockner, M.D., a state agency physician; Dr. Brian Strain, M.D., a state
agency physician; Julie Jennings, Ph.D., a state agency psychologist; Dr. Bert
Spetzler, M.D., a state agency physician; Dr. W. Eric Shrader, M.D.; Dr. Gary
Craft, M.D.; and Dr. Nasreen R. Dar, M.D., a psychiatrist.
On September 13, 2010, Woods saw Dr. W. Eric Shrader, M.D., for
complaints of prostatitis. (R. at 252.) He reported that medication improved his
depression. (R. at 252.) Woods also reported that his malaise and fatigue had
improved and that his GERD was controlled. (R. at 252.) Dr. Shrader noted that
Woods was sitting comfortably and looked well. (R. at 252.) On October 4, 2010,
Woods complained of low back pain, primarily on the left with some muscle
spasm. (R. at 252.) He noted that the pain did not radiate into Woods’s legs. (R. at
252.) He noted some slight tenderness around the paraspinal muscles. (R. at 252.)
Straight leg raise testing was normal. (R. at 252.) Again, Dr. Shrader noted that
Woods was sitting comfortably and looked well. (R. at 252.) Dr. Shrader reported
-6-

that Woods’s depression was stable. (R. at 252.) Woods was diagnosed with back
strain; prostatitis, resolved; and depression. (R. at 252.) On February 15, 2011,
Woods complained of frequency, urgency, dysuria and mild back pain. (R. at 251.)
He reported that his symptoms of GERD were controlled and that his depression
was better. (R. at 251.) He was diagnosed with prostatitis, urinary tract infection,
back pain and depression, which was improved. (R. at 251.) Dr. Shrader
recommended that Woods use ibuprofen for his back pain. (R. at 251.) On May 2,
2011, Woods complained of left flank pain. (R. at 251.) He believed that he was
passing a kidney stone. (R. at 251.) Woods reported that he was still using
ibuprofen for his back pain. (R. at 251.) Dr. Shrader noted that Woods was sitting
comfortably. (R. at 251.) On May 18, 2011, Woods reported that his prostatitis had
improved. (R. at 250.) Dr. Shrader noted that Woods “still has some back pain”
and was requesting a refill of Ultracet. (R. at 250.) He also noted that Woods was
“sitting comfortably.” (R. at 250.)
On June 17, 2011, Woods came in to get Dr. Shrader to fill out paperwork
related to his disability claim. (R. at 250.) Woods reported that he could no longer
work because of back pain, joint pains, myalgias, anxiety and depression. (R. at
250.) Woods stated that he avoided people as a result of his anxiety. (R. at 250.)
Dr. Shrader reported that Woods was sitting comfortably, but he was very anxious
and tremulous. (R. at 250.) He diagnosed anxiety, depression, fibromyalgia, GERD
and BPH. (R. at 250.) Dr. Shrader notes no objective findings to support any of
Woods’s diagnoses or symptoms, other than a noticeable tremor. It is important to
note that Dr. Shrader stated, “I completed all his paperwork….We went over each
-7-

question and tried to answer it as truthfully as possible by asking him his
symptoms.” (R. at 250.)
On January 11, 2012, Woods complained of severe problems with fear of
people, anxiety and depression. (R. at 275.) He reported that his GERD was
controlled and that his back pain was stable. (R. at 275.) Dr. Shrader reported that
Woods was sitting comfortably, but was very anxious and tremulous. (R. at 275.)
Woods had a resting tremor. (R. at 275.) Dr. Shrader diagnosed severe anxiety with
agoraphobia and depression, fibromyalgia, GERD and BPH, stable. (R. at 275.) On
February 16, 2012, Woods complained of severe anxiety with agoraphobia and
depression. (R. at 275.) On May 16, 2012, Woods reported that his symptoms of
anxiety and depression were stable. (R. at 276.) On July 6, 2012, Woods reported
that his symptoms of depression, anxiety and fibromyalgia were doing fairly well
with medication. (R. at 276.) He also reported that his back pain had improved. (R.
at 276.)
On August 23, 2012, Dr. Shrader completed a physical assessment,
indicating that Woods could occasionally lift and carry items weighing up to 20
pounds and frequently lift and carry items weighing less than 10 pounds. (R. at
269-70.) He opined that Woods could stand and/or walk, with normal breaks, less
than two hours in an eight-hour workday and that he could stand up to 15 minutes
without interruption. (R. at 269.) Dr. Shrader opined that Woods could sit a total of
two hours in an eight-hour workday and that he could do so for up to 15 minutes
without interruption. (R. at 269.) He also found that Woods would need to walk
-8-

around every 20 minutes to relieve discomfort and that he would need to do so for
up to 10 minutes at a time. (R. at 269.) Dr. Shrader opined that Woods would
require the opportunity to shift positions at will and that he would need to lie down
at unpredictable intervals, up to two times during a workday. (R. at 269.) He
opined that Woods could occasionally crouch and climb stairs and never twist,
stoop or climb ladders. (R. at 270.) He opined that Woods’s abilities to reach,
including overhead, and to push and pull were limited. (R. at 270.) He found that
Woods should avoid concentrated exposure to extreme cold and heat, high
humidity, fumes, odors, dusts, gases, perfumes, soldering fluxes, solvents/cleaners
and chemicals. (R. at 270.) He also opined that Woods would miss more than four
days of work per month. (R. at 270.) Dr. Shrader listed no diagnoses or objective
findings to support any of these limitations. Instead, the only medical findings
listed were back pain, shoulder pain and knee pain. (R. at 269.) Dr. Shrader’s
office notes, however, make no mention of Woods ever complaining of shoulder or
knee pain.
That same day, Dr. Shrader completed a Depression & Anxiety
Questionnaire, indicating that Woods experienced depressive syndrome with
anhedonia or pervasive loss of interest in almost all activities, sleep disturbance,
psychomotor agitation or retardation, decreased energy, feelings of guilt or
worthlessness, difficulty concentrating or thinking and thoughts of suicide. (R. at
271-74.) Dr. Shrader also noted that Woods suffered recurrent severe panic attacks
manifested by a sudden unpredictable onset of intense apprehension, fear, terror
and sense of impending doom, occurring, on the average of, at least once a week.
-9-

(R. at 272.) He also found that Woods experienced recurrent obsessions or
compulsions which were a source of marked distress. (R. at 272.) Dr. Shrader
opined that Woods had extreme limitations in his ability to perform activities of
daily living and marked limitations in maintaining social functioning and in
maintaining concentration, persistence or pace. (R. at 273.) He found that Woods
experienced episodes of deterioration or decompensation in work or work-like
settings at the marked level. (R. at 273.) Dr. Shrader’s reports of his treatment of
Woods, however, mention none of these symptoms other than depression and
anxiety with a tremor.
On March 1, 2013, Dr. Shrader completed a Lumbar Spine Medical Source
Statement indicating that Woods was diagnosed with severe lumbosacral back
pain, fibromyalgia, anxiety and depression. (R. at 286-90.) He indicated that
Woods’s impairments lasted, or was expected to last, at least 12 months. (R. at
286.) According to Dr. Shrader, the only clinical findings, laboratory or test results
that showed Woods’s medical impairments were “tenderness” in his back, neck
and shoulders. (R. at 286.) Dr. Shrader noted that Woods suffered from low back
pain that radiated into his buttocks and neck pain of a seven to eight on a 10-point
scale. (R. at 286.) Nonetheless, Dr. Shrader noted that Woods had no positive
objective signs and no reduced range of motion. (R. at 286.) Examination showed
sensory loss, tenderness in the low back and muscle spasm. (R. at 287.) Dr.
Shrader noted that Woods’s symptoms of anxiety and depression contributed to the
severity of his functional limitations. (R. at 287.) He opined that Woods could
walk two city blocks without interruption. (R. at 287.) Dr. Shrader opined that
-10-

Woods could sit and/or stand for less than two hours in an eight-hour workday and
that he could do so for up to 15 minutes without interruption. (R. at 287-88.) He
found that Woods would require a job that would allow him to shift positions at
will. (R. at 288.) He found that Woods would need to walk every 15 minutes for up
to five minutes at a time and that he would need to take unscheduled breaks during
the workday. (R. at 288.) Dr. Shrader opined that Woods could occasionally lift
and carry items weighing up to 10 pounds and never twist, stoop, crouch or climb
ladders or stairs. (R. at 289.) He found that Woods would be off task 10 percent of
the workday due to his impairments. (R. at 289.) He noted that Woods was
incapable of even “low stress” work and that he would be absent from work more
than four days a month. (R. at 289-90.)
On September 1, 2011, Dr. Gary Craft, M.D., examined Woods at the
request of Disability Determination Services. (R. at 261-65.) Dr. Craft reported that
Woods was fully ambulatory, free of any acute distress and was not using an
assistive device. (R. at 262.) Examination of Woods’s neck showed a 10-degree
loss of range of motion in all directions. (R. at 262.) His upper extremities revealed
a full range of motion of all joints without deformity, heat, redness or swelling. (R.
at 262.) Fine and gross manipulation were intact. (R. at 262.) Woods had excellent
motor power and grip strength in each arm and was free of any joint abnormalities.
(R. at 262-63.) Examination of Woods’s back did not reveal any deformities,
muscle spasms or abnormal curvature. (R. at 263.) All joints of each lower
extremity had a full range of motion and were free of any deformity, heat, redness
and swelling. (R. at 263.) Straight leg raising test was negative at 90 degrees
-11-

bilaterally. (R. at 263.) Woods was well-oriented, related well to other people, and
his gross mental status was intact. (R. at 264.) He had a normal affect, memory,
thought content and general fund of knowledge. (R. at 264.) Dr. Craft opined that
Woods could occasionally lift and carry items weighing 20 pounds and frequently
lift and carry items weighing 10 pounds. (R. at 264.) He found that Woods’s
abilities to sit, stand and walk were unaffected. (R. at 264.) Dr. Craft opined that
Woods would have minimal manipulative and postural limitations, and he had no
environmental or workplace limitations. (R. at 264.)
On September 15, 2011, Dr. Brian Strain, M.D., a state agency physician,
opined that Woods had the residual functional capacity to perform medium work.
(R. at 60-61.) He found that Woods had no postural, manipulative, visual,
communicative or environmental limitations. (R. at 60-61.)
On September 19, 2011, Dr. Andrew Bockner, M.D., a state agency
physician, competed a Psychiatric Review Technique form, (“PRTF”), indicating
that Woods suffered from an affective disorder and an anxiety-related disorder. (R.
at 58-59.) He found that Woods had no limitations on his ability to perform his
activities of daily living. (R. at 58.) Dr. Bockner reported that Woods had mild
difficulties in his ability to maintain social functioning and to maintain
concentration, persistence or pace. (R. at 58.) He opined that Woods had not
experienced any repeated episodes of decompensation of extended duration. (R. at
58.)

-12-

On February 10, 2012, Julie Jennings, Ph.D., a state agency psychologist,
completed a PRTF, indicating that Woods suffered from an affective disorder and
an anxiety-related disorder. (R. at 68-69.) She found that Woods had no limitations
on his ability to perform his activities of daily living. (R. at 68.) Jennings reported
that Woods had mild difficulties in his ability to maintain social functioning and to
maintain concentration, persistence or pace. (R. at 68.) She opined that Woods had
not experienced any repeated episodes of decompensation of extended duration.
(R. at 69.)
On February 14, 2012, Dr. Bert Spetzler, M.D., a state agency physician,
opined that Woods had the residual functional capacity to perform medium work.
(R. at 70-71.) He found that Woods had no postural, manipulative, visual,
communicative or environmental limitations. (R. at 71.)
On February 17, 2012, Dr. Nasreen R. Dar, M.D., a psychiatrist, saw Woods
for his complaints of nervousness, difficulty concentrating and difficulty dealing
with stress. (R. at 282-84.) He had depressed and anxious mood with an anxious
affect. (R. at 283.) Woods’s thought content was goal-directed, and he denied
suicidal or homicidal ideation. (R. at 283.) Dr. Dar diagnosed generalized anxiety
disorder and dysthymic disorder. (R. at 284.) Woods’s then-current Global
Assessment of Functioning, (“GAF”), 7 score was assessed at 50. 8 (R. at 284.) On
7

The GAF scale ranges from zero to 100 and “[c]onsider[s] psychological, social, and
occupational functioning on a hypothetical continuum of mental health-illness.” DIAGNOSTIC
AND STATISTICAL MANUAL OF MENTAL DISORDERS FOURTH EDITION, ("DSM-IV"), 32
(American Psychiatric Association 1994).

-13-

March 16, 2012, Woods told Dr. Dar that he felt hopeless, helpless and worthless,
but he did not have any suicidal thoughts. (R. at 279.) He said he had been nervous
and depressed for “quite some time.” (R. at 279.) She stated that Woods appeared
to intellectually function in the low borderline range and that his concentration was
impaired. (R. at 280.) Dr. Dar reported that Woods’s affect and mood were
anxious. (R. at 280.) Woods’s recent and remote memory was fair, and his
impersonal judgment was intact. (R. at 280.) Dr. Dar diagnosed generalized
anxiety disorder, chronic and severe, and moderately severe neurotic depression.
(R. at 280.) Dr. Dar opined that Woods was not able to tolerate much stress or
handle any gainful employment. (R. at 281.) On April 13, 2012, Woods stated that
he was still nervous and had difficulty dealing with stress. (R. at 285.) On May 11,
2012, Woods reported that he was “[d]oing fair emotionally.” (R. at 285.) It
appears that Woods did not keep his June 22, 2012, appointment with Dr. Dar and
did not return to see her. (R. at 285.)
III. Analysis
The Commissioner uses a five-step process in evaluating DIB claims. See 20
C.F.R. § 404.1520 (2014); see also Heckler v. Campbell, 461 U.S. 458, 460-62
(1983); Hall v. Harris, 658 F.2d 260, 264-65 (4th Cir. 1981). This process requires
the Commissioner to consider, in order, whether a claimant 1) is working; 2) has a

8

A GAF score of 41-50 indicates that the individual has “[s]erious symptoms ... OR any
serious impairment in social, occupational, or school functioning....” DSM-IV at 32.

-14-

severe impairment; 3) has an impairment that meets or equals the requirements of a
listed impairment; 4) can return to his past relevant work; and 5) if not, whether he
can perform other work. See 20 C.F.R. § 404.1520. If the Commissioner finds
conclusively that a claimant is or is not disabled at any point in this process, review
does not proceed to the next step. See 20 C.F.R. § 404.1520(a) (2015).
As stated above, the court’s function in this case is limited to determining
whether substantial evidence exists in the record to support the ALJ’s findings.
The court must not weigh the evidence, as this court lacks authority to substitute its
judgment for that of the Commissioner, provided her decision is supported by
substantial evidence. See Hays, 907 F.2d at 1456. In determining whether
substantial evidence supports the Commissioner’s decision, the court also must
consider whether the ALJ analyzed all of the relevant evidence and whether the
ALJ sufficiently explained his findings and his rationale in crediting evidence. See
Sterling Smokeless Coal Co. v. Akers, 131 F.3d 438, 439-40 (4th Cir. 1997).
Thus, it is the ALJ’s responsibility to weigh the evidence, including the
medical evidence, in order to resolve any conflicts which might appear therein.
See Hays, 907 F.2d at 1456; Taylor v. Weinberger, 528 F.2d 1153, 1156 (4th Cir.
1975). Furthermore, while an ALJ may not reject medical evidence for no reason
or for the wrong reason, see King v. Califano, 615 F.2d 1018, 1020 (4th Cir. 1980),
an ALJ may, under the regulations, assign no or little weight to a medical opinion,
even one from a treating source, based on the factors set forth at 20 C.F.R. §
404.1527(c), if he sufficiently explains his rationale and if the record supports his
-15-

findings.
Woods argues that the ALJ failed to give greater weight to the opinions of
his treating physician, Dr. Shrader, and his treating psychiatrist, Dr. Dar.
(Plaintiff’s Social Security Reply Brief, (“Plaintiff’s Brief”), at 4-7.) I find that the
ALJ did not err by failing to give full consideration to Dr. Shrader and Dr. Dar’s
opinions. The ALJ must consider objective medical facts and the opinions and
diagnoses of both treating and examining medical professionals, which constitute a
major part of the proof in disability cases. See McLain, 715 F.2d at 869. The ALJ
must generally give more weight to the opinion of a treating physician because that
physician is often most able to provide “a detailed, longitudinal picture” of a
claimant’s alleged disability. 20 C.F.R. § 416.927(c)(2) (2015).
The ALJ noted that he was not giving Dr. Shraders’s opinions significant
weight because they were not supported by his treatment notes, Woods’s reported
activities of daily living and the substantial evidence of record. (R. at 21.) The
ALJ also noted that Woods’s treatment history with Dr. Dar was “quite brief” as
Woods saw Dr. Dar twice following his initial evaluation. (R. at 22.) The ALJ also
noted that Dr. Dar’s opinion was not supported by the substantial evidence of
record. (R. at 22.)
The ALJ noted that Dr. Shrader’s opinions deserved little weight because
they conflicted with the other evidence of record, including his own office notes.
(R. at 21.) I agree. A review of Dr. Shrader’s records indicate that Woods’s
-16-

malaise and fatigue, GERD and depression had improved with medication and that
his back pain was stable. (R. at 251-52, 275-76.) On July 6, 2012, Woods reported
that his symptoms of depression, anxiety and fibromyalgia were “doing fairly
well” with medication. (R. at 276.) “If a symptom can be reasonably controlled by
medication or treatment, it is not disabling.” Gross v. Heckler, 785 F.2d 1163,
1166 (4th Cir. 1986). Dr. Shrader routinely observed that Woods sat comfortably
and/or looked well. (R. at 250-52, 275-77.) Furthermore, on August 23, 2012, Dr.
Shrader noted that he completed disability papers and went over each question
carefully with Woods. (R. at 277.) As the Fourth Circuit noted in Craig v. Chater,
76 F.3d 585, 590 n.2 (4th Cir. 1996), a doctor’s notation of a claimant’s subjective
complaints does not transform them into clinical evidence. Thus, by Dr. Shrader’s
own admission, his August 23, 2012, opinion was based on Woods’s subjective
complaints, not the objective medical evidence. Therefore, the ALJ appropriately
assigned it little weight. See Craig, 76 F.3d at 589-90 (upholding the rejection of a
treating physician’s opinion where the ALJ determined that the physician’s opinion
was based on the claimant’s subjective complaints, was not supported by the
objective medical evidence, and was contradicted by the physician’s office notes).
The ALJ also found that Dr. Dar’s opinion was not consistent with the
evidence of record. (R. at 22.) As noted by the ALJ, Woods saw Dr. Dar on only
two occasions after her March 16, 2012, opinion that he was not able to handle
gainful employment. (R. at 285.) The ALJ noted that Woods failed to keep or
cancel his June 2012 appointment, which suggested that his “symptoms may not
have been as serious as ha[d] been alleged.” (R. at 20, 285.) As noted by the ALJ,
-17-

although Woods testified that he stopped seeing Dr. Dar because of lack of
finances, he continued to “afford the cost of cigarettes.” (R. at 20, 43-45.)
Furthermore, at Dr. Dar’s last examination of Woods on May 11, 2012, she found
him to be neatly and casually dressed, able to relate and “[d]oing fair emotionally.”
(R. at 22, 285.)
The ALJ gave significant weight to the opinion of Dr. Craft because it was
consistent with the substantial evidence of record. (R. at 22.) Dr. Craft found that
Woods’s upper extremities revealed a full range of motion of all joints without
deformity, heat, redness or swelling. (R. at 262.) Fine and gross manipulation were
intact. (R. at 262.) Woods had excellent motor power and grip strength in each arm
and was free of any joint abnormalities. (R. at 262-63.) Examination of Woods’s
back did not reveal any deformities, muscle spasms or abnormal curvature. (R. at
263.) All joints of each lower extremity had a full range of motion and were free of
any deformity, heat, redness and swelling. (R. at 263.) Woods was well-oriented,
related well to other people, and his gross mental status was intact. (R. at 264.) He
had a normal affect, memory, thought content and general fund of knowledge. (R.
at 264.) Dr. Craft opined that Woods could occasionally lift and carry items
weighing 20 pounds and frequently lift and carry items weighing 10 pounds. (R. at
264.) He found that Woods’s abilities to sit, stand and walk were unaffected. (R. at
264.) Dr. Craft opined that Woods would have minimal manipulative and postural
limitations, and he had no environmental or workplace limitations. (R. at 264.)
For all of the reasons stated herein, I find that substantial evidence supports
-18-

the ALJ’s weighing of the medical evidence. I also find that substantial evidence
exists to support the ALJ’s finding as to Woods’s residual functional capacity and
his finding that Woods was not disabled. Woods’s request for oral argument is
denied based on my finding that the briefs having adequately addressed the issues.
An appropriate order and judgment will be entered.
ENTERED: January 19, 2016.
s/

Pamela Meade Sargent

UNITED STATES MAGISTRATE JUDGE

-19-