Opinion

GREGGS v. O'MALLEY

Court
District Court, M.D. North Carolina
Filed
Mar 15, 2024
Cited by
0 cases
Authority
More cited than 24.7%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

LATISHA G., )

)

Plaintiff, )

)

Vv. ) 1:22CV793

)

MARTIN J. O7PMALLEY;,! )

Commissioner of Social Security, )

)

Defendant. )

MEMORANDUM OPINION AND ORDER

OF UNITED STATES MAGISTRATE JUDGE

Plaintiff Latisha G. (“Plaintiff”) brought this action pursuant to Section 205(g) of the

Social Security Act (the “Act”), as amended (42 U.S.C. § 405(2)), to obtain judicial review of a

final decision of the Commissioner of Social Security denying her claim for Disability

Insurance Benefits (“DIB”) under Title II of the Act. The Parties have filed cross-motions

for judgment, and the administrative record has been certified to the Court for review.

I. PROCEDURAL HISTORY

Plaintiff protectively filed an application for DIB on November 20, 2019, alleging a

disability onset date of January 1, 2019. (Ir. at 30, 186-89.)? Plaintiff's application was denied

initially (Tr. at 79-92, 108-11) and upon reconsideration (Tr. at 93-107, 115-22). Thereafter,

1 On December 20, 2023, Martin J. O’Malley was sworn in as Commissioner of Social Secutity, replacing Acting

Commissioner Kilolo Kijakazi. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin J.

O’Malley should be substituted for Kilolo Kijakazi as Defendant in this suit. No further action need be taken

to continue this suit by reason of the last sentence of section 405(g) of the Social Security Act, 42 U.S.C. §

405(g).

? Transcript citations refer to the Sealed Administrative Record [Doc. #7].

Plaintiff requested an administrative hearing de novo before an Administrative Law Judge

(“ALJ”). (Tr. at 123-24.) On October 26, 2021, Plaintiff, along with her attorney, attended

the subsequent telephonic hearing, at which Plaintiff and an impartial vocational expert

testified. (Ir. at 30.) Following the hearing, the ALJ concluded that Plaintiff was not disabled

within the meaning of the Act (Tr. at 42), and on July 19, 2022, the Appeals Council denied

Plaintiff's request for review of that decision, thereby making the ALJ’s conclusion the

Commissionet’s final decision for purposes of judicial review (Tr. at 1-7).

Il. LEGAL STANDARD

Federal law “authorizes judicial review of the Social Security Commissionet’s denial of

social security benefits.” Hines v. Barnhart, 453 F.3d 559, 561 (4th Cir. 2006). However, the

scope of review of such a decision is “extremely limited.” Frady v. Harris, 646 F.2d 143, 144

(4th Cir. 1981). “The courts ate not to try the case de novo.” Oppenheim v. Finch, 495 F.2d

396, 397 (4th Cir. 1974). Instead, “a reviewing court must uphold the factual findings of the

AL) if they are supported by substantial evidence and were reached through application of the

cortect legal standard.” Hancock v. Asttue, 667 F.3d 470, 472 (4th Cir. 2012) (@nternal brackets

and quotation omitted).

“Substantial evidence means such relevant evidence as a reasonable mind might accept

as adequate to support a conclusion.” Hunter v. Sullivan, 993 F.2d 31, 34 (4th Cir. 1993)

(internal quotation omitted). “It consists of more than a mete scintilla of evidence but may

be somewhat less than a preponderance.” Mastro v. Apfel, 270 F.3d 171, 176 (4th Cir. 2001)

(internal brackets and quotation omitted). “If there is evidence to justify a refusal to direct a

2.

verdict were the case before a jury, then there is substantial evidence.” Hunter, 993 F.2d at 34

(internal quotation omitted).

“In reviewing for substantial evidence, the court should not undertake to re-weigh

conflicting evidence, make credibility determinations, or substitute its judgment for that of the

[ALJ].” Mastro, 270 F.3d at 176 (internal brackets and quotation omitted). “Where conflicting

evidence allows teasonable minds to differ as to whether a claimant is disabled, the

responsibility for that decision falls on the ALJ.” Hancock, 667 F.3d at 472 (internal brackets

and quotation omitted). “The issue before [the reviewing court], therefore, is not whether [the

claimant] is disabled, but whether the AL]’s finding that [the claimant] is not disabled is

suppotted by substantial evidence and was reached based upon a correct application of the

televant law.” Craig v. Chater, 76 F.3d 585, 589 (4th Cir. 1996).

In undertaking this limited review, the Court notes that “[a] claimant for disability

benefits bears the burden of proving a disability.” Hall v. Harris, 658 F.2d 260, 264 (4th Cir.

1981). In this context, “disability” means the “inability to engage in any substantial gainful

activity by reason of any medically determinable physical or mental impairment which can be

expected to result in death, or which has lasted or can be expected to last for a continuous

period of not less than 12 months.” Id. (quoting 42 U.S.C. § 423(d)(1)(A)).3

3 “The Social Security Act comprises two disability benefits programs. The Social Security Disability Insurance

Program (SSDI), established by Title II of the Act as amended, 42 U.S.C. § 401 ef seq., provides benefits to

disabled persons who have contributed to the program while employed. The Supplemental Security Income

Program (SSI), established by Title XVI of the Act as amended, 42 U.S.C. § 1381 ef seg., provides benefits to

indigent disabled persons. ‘The statutory definitions and the regulations promulgated by the Secretary for

determining disability, see 20 C.F.R. pt. 404 (SSDI); 20 C.F-R. pt. 416 (SSI), governing these two programs are,

in all aspects relevant here, substantively identical.” Craig, 76 F.3d at 589 n.1.

“The Commissionet uses a five-step process to evaluate disability claims.” Hancock,

667 F.3d at 472 (citing 20 C.F.R. §§ 404.1520(a) (4), 416.920(a)(4)). “Under this process, the

Commissioner asks, in sequence, whether the claimant: (1) worked during the alleged period

of disability; (2) had a severe impairment; (3) had an impairment that met or equaled the

requirements of a listed impairment; (4) could return to her past relevant work; and (5) if not,

could perform any other work in the national economy.” Id.

A finding adverse to the claimant at any of several points in this five-step sequence

forecloses a disability designation and ends the inquiry. For example, “[t]he first step

determines whether the claimant is engaged in ‘substantial gainful activity.’ If the claimant is

working, benefits are denied. The second step determines if the claimant is ‘severely’ disabled.

If not, benefits are denied.” Bennett v. Sullivan, 917 F.2d 157, 159 (4th Cir. 1990).

On the other hand, if a claimant carries his or her burden at the first two steps, and if

the claimant’s impairment meets or equals a “listed impairment” at step three, the claimant is

disabled. Mastro, 270 F.3d at 177. Alternatively, if a claimant clears steps one and two, but

falters at step three, i.e., “[i]f a claimant’s impairment is not sufficiently severe to equal or

exceed a listed impairment,” then “the ALJ must assess the claimant’s residual functional

capacity (RFC’).” Id. at 179.4 Step four then requires the AL] to assess whether, based on

+ “REC is a measurement of the most a claimant can do despite [the clatmant’s] limitations.” Hines, 453 F.3d

at 562 (noting that administrative regulations require RFC to reflect clatimant’s “ability to do sustained work-

related physical and mental activities in a work setting on a regular and continuing basis . . . [which] means 8

hours a day, for 5 days a week, or an equivalent work schedule” (internal emphasis and quotation omitted)).

The RFC includes both a “physical exertional or strength limitation” that assesses the clatmant’s “ability to do

sedentary, light, medium, heavy, or very heavy work,” as well as “nonexertional limitations (mental, sensory, or

skin impairments).” Hall, 658 F.2d at 265. “RFC is to be determined by the ALJ only after [the ALJ] considers

all relevant evidence of a claimant’s impairments and any related symptoms (¢.g., pain).” Hines, 453 F.3d at

562-63.

that RFC, the claimant can “perform past relevant work”; if so, the claimant does not qualify

as disabled. Id. at 179-80. However, if the claimant establishes an inability to return to prior

work, the analysis proceeds to the fifth step, which “requires the [Government] to prove that

a significant number of jobs exist which the clatmant could perform, despite [the clatmant’s]

impairments.” Hines, 453 F.3d at 563. In making this determination, the AL] must decide

“whether the clatmant is able to perform other work considering both [the clatmant’s RFC]

and [the claimant’s] vocational capabilities (age, education, and past work experience) to adjust

to a new job.” Hall, 658 F.2d at 264-65. If, at this step, the Government cannot carry its

“evidentiary burden of proving that [the claimant] remains able to work other jobs available

in the community,” the claimant qualifies as disabled. Hines, 453 F.3d at 567.

Il. DISCUSSION

In the present case, the ALJ found that Plaintiff had not engaged in “substantial gainful

activity” since her alleged onset date. The ALJ therefore concluded that Plaintiff met her

burden at step one of the sequential evaluation process. (Ir. at 32.) At step two, the ALJ

further determined that Plaintiff suffered from the following severe impairments:

scoliosis, sciatica, obesity, and cervical dysplasia, migraines|.]

(Tr. at 32.) The ALJ found at step three that none of these impairments, individually or in

combination, met or equaled a disability listing. (Tr. at 33-34.) Therefore, the ALJ assessed

PlaintifPs RFC and determined that she could perform light work with the following,

additional limitations:

[Plaintiff] can lift 20 pounds occasionally and 10 pounds frequently, carry 20

pounds occasionally and 10 pounds frequently, sit for stx hours in an eight-hour

workday, stand for six hours in an eight-hour workday, walk for six hours in an

eight-hour workday, and push and/or pull as much as she can lift and/or catty.

[Plaintiff] can frequently reach overhead to the left and frequently reach

overhead to the right. [She] can climb ladders, ropes, or scaffolds occasionally,

stoop frequently, kneel frequently, crouch frequently, and crawl frequently.

[She] can work at unprotected heights frequently, in vibration frequently, and

in moderate noise.

(Tr. at 34.) At step four of the analysis, the AL] determined, based on the above RFC and the

vocational expert’s testimony, that Plaintiff remained capable of performing past relevant work

as a sales clerk and price marker. (Tr. at 40.) The AL] also made an alternative finding at step

five that, given Plaintiffs age, education, work experience, and RFC, along with the testimony

of the vocational expert regarding those factors, Plaintiff could perform other jobs available

in the national economy. (Tr. at 41-42.) Based on his determinations at steps four and five,

the ALJ concluded that Plaintiff was not disabled under the Act. (Tr. at 42.)

Plaintiff now contends that the ALJ failed to “adequately account for the vocationally

limiting effects of Plaintiff's migraine headaches” when assessing her RFC, despite having

included migraines among Plaintiffs severe impairments at step two of the sequential analysis.

(Pl.’s Br. [Doc. #11] at 4.) She notes that, although the ALJ “apparently accept[ed] [Plaintiffs]

statements regarding noise to be true and limit[ed] her to work in an environment with no

mote than moderate noise,” the ALJ omitted other limitations in the RFC which relate to her

migraines, such as light avoidance, time off task, or absences. (PI.’s Br. at 5.) As recounted in

the administrative decision,

[Plaintiff] testified that she experiences daily headaches as well as migraines that

occut twice a week. She noted that her migraines are accompanied by sensitivity

to both light and sound. She explained that when she experiences a migraine,

she takes her medication and then lies down in a dark room to rest and sleep

fot approximately three to four houts.

(Tr. at 35) (internal citation to record omitted) (citing Tr. at 68-69). However, the AL]

concluded that Plaintiffs “statements concerning the intensity, persistence, and limiting

effects of these symptoms are not entitely consistent with the medical evidence and other

evidence in the record for the reasons explained 1n [the] decision.” (Tr. at 35.)

Plaintiff chiefly argues that the AL] erred in finding Plaintiff's statements regarding the

limiting effects of her headaches less than fully consistent with the medical evidence and other

evidence of record. Under the applicable regulations, the AL]’s decision must “contain

specific reasons for the weight given to the individual’s symptoms, be consistent with and

supported by the evidence, and be clearly articulated so the individual and any subsequent

reviewer can assess how the adjudicator evaluated the individual’s symptoms.” Social Security

Ruling 16-3p, Titles II and XVI: Evaluation of Symptoms in Disability Claims, SSR 16-3p,

2017 WL 5180304, at *10 (Oct. 25, 2017) (“SSR 16-3p”); see also 20 C.F.R. § 404.1529.

Moreover, in Arakas v. Commissioner, Social Security, 983 F.3d 83 (4th Cir. 2020), the Fourth

Citcuit clarified the procedure an ALJ must follow when assessing a claimant’s statements:

When evaluating a claimant’s symptoms, ALJs must use the two-step

framework set forth in 20 C.F.R. § 404.1529 and SSR 16-3p, 2016 WL 1119029

(Mat. 16, 2016). First, the ALJ must determine whether objective medical

evidence presents a “medically determinable impairment” that could reasonably

be expected to produce the claimant’s alleged symptoms. 20 C.F.R.

§ 404.1529(b); SSR 16-3p, 2016 WL 1119029, at *3.

Second, after finding a medically determinable impairment, the ALJ must assess

the intensity and persistence of the alleged symptoms to determine how they

affect the claimant’s ability to work and whether the claimant is disabled. See 20

C.F.R. § 404.1529(c); SSR 16-3p, 2016 WL 1119029, at *4. At this step,

objective evidence is xot required to find the claimant disabled. SSR 16-3p, 2016

WL 1119029, at *4-5. SSR 16-3p recognizes that “symptoms cannot always be

measuted objectively through clinical or laboratory diagnostic

techniques.” Id. at *4. Thus, the ALJ must consider the entire case record and

may “not disregard an individual’s statements about the intensity, persistence,

and limiting effects of symptoms solely because the objective medical evidence

does not substantiate” them. Id. at *5.

983 F.3d at 95 (internal brackets omitted). Thus, the second part of the test requires the AL]

to consider all available evidence, including Plaintiffs statements about her pain, in order to

evaluate “the intensity and persistence of the claimant’s pain, and the extent to which it affects

her ability to work.” Craig, 76 F.3d at 595. This approach facilitates the AL]’s ultimate goal,

which is to accurately determine the extent to which Plaintiffs pain or other symptoms limit

her ability to perform basic work activities. Relevant evidence for this inquity includes

Plaintiff's “medical history, medical signs, and laboratory findings,” Craig, 76 F.3d at 595, as

well as the following factors set out in 20 C.F.R. § 416.929(c)(3) and 20 C.F.R. § 404.1529:

(1) [Plaintiff's] daily activities;

Gi) The location, duration, frequency, and intensity of [Plaintiffs] pain or

other symptoms;

(ii) Precipitating and aggravating factors;

(iv) The type, dosage, effectiveness, and side effects of any medication

[Plaintiff] take[s] or [has] taken to alleviate [her] pain or other symptoms,

(v) Treatment, other than medication, [Plaintiff] receive[s] or [has] received

for relief of [her] pain or other symptoms;

(vi) | Any measures [Plaintiff] use[s] or [has] used to relieve [her] pain or other

symptoms (e.g., lying flat on [her] back, standing for 15 to 20 minutes

evety hour, sleeping on a boatd, etc.); and

(vii) Other factors concerning [Plaintiffs] functional limitations and

restrictions due to pain or other symptoms.

In the present case, contrary to Plaintiff's assertions, the AL] provided more than

conclusory statements discounting Plaintiffs testimony. As instructed by the regulations, the

ALJ considered the entire case record and explained his reasons for deviating from Plaintiffs

statements regarding the impact of her symptoms on her ability to work. This explanation

was ptovided throughout the AL]’s RFC discussion. For example, the ALJ considered at

length Plaintiffs treatment records regarding her headaches. The ALJ first noted that the

treatment records reflect “new onset headaches” on May 29, 2020, related to Plaintiffs

radiation treatments and high blood pressure. (Tr. at 37, 412.) The ALJ noted that the

examination on May 29, 2020, showed “no focal neurological deficits, full orientation and

alertness, equal sensation in all extremities, no strength deficit, normal gait, and normal

coordination.” (Tr. at 37, 412-13.) At that visit, Plaintiffs primary care provider, Richard

Godine, PA, noted that Plaintiff was reporting headaches over the past two weeks, and he

“treated [her] headaches routinely and conservatively with over-the-counter (OTC) Tylenol or

Ibuprofen, [and] started [her] on propranolol for her high blood pressure and headaches.”

(Tr. at 37, 412-13.) PA Godine’s note reflects that the headaches ate “not intractable” and

that “propranolol would be helpful.” (Tr. at 413.) Notably, at a follow-up less than a week

later, on June 3, 2020, Plaintiff reported that she was “feeling much better.” (I't. at 412.) The

record reflects no mention of headaches until nearly a year later, on March 8, 2021, when

Plaintiff similarly reported that her migraines had resolved so she was no longer taking the

ptopranolol. (Tr. at 618.) As noted by the ALJ, at that visit, she was switched from

Gabapentin to Lyrica for her back pain. (Tr. at 37, 618.) However, shortly thereafter, Plaintiff

repotted “some headaches” after switching from Gabapentin to Lyrica for back pain. (Tr. at

37, 613.) At her next visit a month later on April 15, 2021, Plaintiff reported a headache for

the past 3 days, which the treatment note reflects as follows:

She presents for evaluation of migraine-like headaches over the past 3-4 days.

She desctibes the headaches as dull, throbbing pain behind the eyes and

alternating temples. There is associated fatigue, photophobia, phonophobia

and blurred vision. No nausea, vomiting, scotomas. She has been on

propranolol in the past for prophylaxis and this was helpful. She [was] actually

able to come off of it because her migraines abated. She has taken extra strength

Tylenol, Advil 800 mg with temporary relief of [this] headache but nothing has

been able to completely “knock in out.”

(Ir. at 604.) In response, as noted by the ALJ, PA Godine switched Plaintiff back to

Gabapentin rather than Lyrica, and prescribed Maxalt and Ibuprofen. (Tr. at 37, 605.) At the

next visit a month later, on May 19, 2021, Plaintiff reported a migraine headache over the past

4 days, and reported that the Maxalt provided “temporary relief.” (Tr. at 586.) Given the

“persistent and worsening migraines” reflected in the treatment notes over the past 60 days,

PA Godine concluded that she “[c]ould consider propranolol” for “migraine prophylaxis,”

and she was sent for evaluation by a neurologist. (Ir. at 587.) The neurologist, Dr. Leroy

Seaux, noted a normal sleep study and prescribed Fiorinal for her headaches. (Ir. at 858,

885.)> As described by the ALJ:

[Plaintiff] complained of migraine-type headaches, described as dull and

throbbing pain behind the eyes and alternating temples and associated with

fatigue, photophobia, phonophobia, blurred vision, nausea, vomiting, and

scotomas.... [H]er neurological exam was within normal limits. Mr. Godine

started [Plaintiff] on Maxalt (Rizatriptan). [Plaintiff] reported some temporary

telief from the Maxalt, and her neurologic exam remained within normal limits.

[Plaintiff] was referred to neurologist Leroy D. Seaux, M.D. for her headaches

and difficulty sleeping. ... A sleep study was negative for sleep apnea and she

slept well throughout.

(Ir. at 38) (internal citations to record omitted). Based on this treatment record, the ALJ

found that the record regarding her headache reflects routine and conservative treatment and

improvement on medication. (Tr. at 37, 40.) This conclusion is supported by the record

outlined above, showing treatment in May 2020, immediately improved with propranolol, with

abatement of her migraines to the point that she discontinued propranolol, and with and no

complaints in the record again until March 2021, following a change in medication, with notes

5 At the hearing, Plaintiff repeatedly testified that she takes “Albuterol” to treat her migraines. (Tr. at 68.)

However, a review of Plaintiffs medication list reveals that she likely confused albuterol with butalbital, a

barbiturate prescribed to her for treatment of headaches, or Fiornal, the brand name for the same medication.

(See Tr. at 885.)

10

reflecting additional medication adjustments in April and May 2021 and the option to re-start

propranolol as well as prescriptions for Maxalt and Fiorinal.

In addition, the ALJ considered Plaintiffs own reports regarding her activities and

limitations, and found that:

[Plaintiffs] own subjective reports of symptom intensity, persistence, and

limiting effects do not support her allegations of disabling limitations. The

claimant is independent in her personal hygiene and dressing. The claimant

ptepartes simple meals for herself. The claimant lives with her boyfriend. She

does chores around her apartment including sweeping, loading the dishwasher,

packing her boyfriend’s lunch, and assisting with loading the clothes washer.

She initially testified that she does not shop for groceries by herself, but later

clarified that she can perform small shopping trips to purchase one or two items

by herself, with her most recent shopping trip of this nature occurring

approximately two weeks prior to her hearing. She independently manages her

personal finances. The claimant drives. For enjoyment, she watches television,

plays games on her smartphone, colors, and reads.

(Tr. at 38-39) (internal citations to record omitted). The ALJ also noted Plaintiffs initial

allegation of “disability due to ‘scoliosis, sciatica nerve, and slow learning.” (Tt. at 35.) This

is consistent with Plaintiffs function reports, as outlined by the ALJ above, which do not

mention any disability or limitations based on headaches. (Tr. at 223-30, 239-46, 253-60.)

Overall, the AL] summarized the evidence relating to Plaintiff's headache impairment

as follows:

[Plaintiff] experiences headaches including migraine headaches. Her primary

cate provider has prescribed a number of medications for these headaches, with

some imptovement. She also consulted with a neurologist, who referred her

for a sleep study that was negative. Despite her impairments, [Plaintiff] is

independent in her personal cate, does some household chores, packs her

boyfriend’s lunch, goes on short grocery shopping trips, independently manages

het personal finances, periodically drives, watches television, plays games on her

smattphone, colors, and reads. ‘Taking the entirety of the evidence into

consideration, [Plaintiff] is limited to no greater degree than that assessed in the

above residual functional capacity.

Ld

(Tr. at 40.)

Plaintiff, who beats the burden of proving disability, presents no evidence, other than

her own testimony, that her headaches would cause any specific work limitations. The AL]

appears to have given Plaintiff the benefit of the doubt by including a noise restriction in the

REC. Having done so, the ALJ was not requited to include further restrictions regarding light

and time off task given the lack of support for such limitations, as well as contrary evidence,

including Plaintiffs treatment history and activities. Similarly, Plaintiffs argument that

migtaines would cause her to miss two or more days of work pet month, and therefore would

be disabling, amounts to nothing more than conjecture. In fact, Plaintiff herself never testified

that she would require such a restriction. Moreover, none of Plaintiffs providers or other

medical sources opined that Plaintiffs headaches caused any limitations at all during the time

period in question.

In her Reply Brief, Plaintiff relies on the Fourth Circuit’s recent decision in Shelley C.

v. Commissioner of Social Security Administration, 61 F.4th 341, 361-62 (4th Cir. 2023), in

which the Court affirmed and clarified its previous holding Arakas. Specifically, in Shelley C.,

the Fourth Circuit held that the

6 With regard to the noise limitation, the Court notes that from the ALJ’s questioning of the Vocational Expert

(Tr. at 74-75), it is apparent that the AL] was addressing each of the categories of potential environmental

conditions set out in the Selected Characteristics of Occupations Defined in the Revised Dictionary of

Occupational Titles, Appendx D, and in reviewing those categories included the limitation to only “moderate”

noise. See Selected Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles

Appendix D (“Environmental Condition components within the USES Occupational Analysis Program

ptovide a systematic means to describe fourteen possible surroundings or settings in which the occupation is

found or the job may be performed” specifically: 1. Exposure To Weather, 2. Extreme Cold, 3. Extreme Heat,

4. Wet And/Or Humid, 5. Noise Intensity Level, 6. Vibration, 7. Atmospheric Conditions, 8. Proximity To

Moving Mechanical Parts, 9. Exposure To Electrical Shock, 10. Working In High, Exposed Places, 11.

Exposure To Radiation, 12. Working With Explosives, 13. Exposure To Toxic, Caustic Chemicals, 14. Other

Environmental Conditions).

12

symptoms of [major depression], like those of fibromyalgia, are “entirely

subjective,’ determined on a case-by-case basis. Arakas, 983 F.3d at 96 (emphasis

added). Ultimately, because of the unique and subjective nature of [major

depression], subjective statements from claimants “should be treated as

evidence substantiating the claimant’s impairment.” Id. at 97-98.

Shelley C., 61 F.4th at 361-62. Plaintiff now argues that migraine headaches, like fibromyalgia

and depression, consists of “entirely subjective” symptoms, and as such, the AL] “should not

tely upon the absence of objective medical evidence to discredit [Plaintiffs] symptom|]”

testimony. (Pl.’s Reply [Doc. #15] at 1.) However, in the present case, the ALJ did not rely

upon the absence of objective evidence alone to discount Plaintiffs symptoms. Rather, the

ALJ cited Plaintiffs conservative treatment, her symptomatic improvement as documented in

the treatment records, and her continuing ability to perform a variety of daily activities. (T'r.

at 38-40.) As set out above, the ALJ also noted Plaintiffs ability to work prior to her alleged

onset date, despite a long history of migraines and other headaches, and Plaintiffs failure to

fully comply with medical treatment recommendations, including medication usage, follow-up

appointments, and maintaining a sleep schedule. (See Tr. at 36-39.) Accordingly, this is not a

scenatio in which the AL] failed “to assess [the] claimant’s capacity to perform relevant

functions, despite contradictory evidence in the record, or where other inadequacies in the

analysis frustrate meaningful review.” Mascio v. Colvin, 780 F.3d 632, 636 (4th Cir.

2015) (quoting Cichocki v. Astrue, 729 F.3d 172, 177 (2d Cir. 2013) (per curiam)). Here, the

AL} included Plaintiffs migraines among her severe impaitments, crafted the RFC to account

for her credibly established limitations, and explained the omission of additional limitations in

accotdance with the regulations and relevant case law, including Arakas. Substantial evidence

therefore supports this AL]’s determination.

13

Plaintiff essentially asks the Court to reconsider and te-weigh the evidence presented.

However, it is not the function of this Court to re-weigh the evidence or reconsider the AL]’s

determinations if they are supported by substantial evidence. As noted above, “[w]here

conflicting evidence allows reasonable minds to differ as to whether a claimant is disabled, the

responsibility for that decision falls on the ALJ.” Hancock, 667 F.3d at 472 (internal brackets

and quotation omitted). Thus, the issue before the Court is not whether a different fact-finder

could have drawn a different conclusion, ot even “whether [Plaintiff] is disabled,” but rather,

“whether the AL]’s finding that [Plaintiff] is not disabled is supported by substantial evidence

and was teached based upon a correct application of the relevant law.” Craig, 76 F.3d at 589.

Here, the ALJ reviewed the evidence, explained his decision, and clearly explained the reasons

for his determination. That determination is supported by substantial evidence in the record.

Plaintiff has not identified any errors that require remand, and Plaintiff's Motion to Reverse

the Decision of the Commissioner should therefore be denied.

IT IS THEREFORE ORDERED that the Commissioner’s decision finding no

disability is AFFIRMED, that Plaintiffs Dipositive Brief [Doc. #11] is DENIED, that

Defendant’s Dispositive Brief [Doc. #13] is GRANTED, and that this action is DISMISSED

with prejudice.

This, the 15t* day of Match, 2024.

__/s/ Joi Blizabeth Peake _

United States Magistrate Judge

14

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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