Opinion

Olivares v. Commissioner of Social Security

Court
District Court, M.D. Florida
Filed
Jul 12, 2024
Cited by
0 cases
Authority
More cited than 31.3%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

RUEBEN OLIVARES,

Plaintiff,

v. Case No.: 8:23-cv-1027-DNF

COMMISSIONER OF SOCIAL

SECURITY,

Defendant.

OPINION AND ORDER

Plaintiff Rueben Olivares seeks judicial review of the final decision of the

Commissioner of the Social Security Administration (“SSA”) denying his claim for

a period of disability and disability insurance benefits. The Commissioner filed the

Transcript of the proceedings (“Tr.” followed by the appropriate page number), and

the parties filed legal memoranda setting forth their positions. As explained below,

the decision of the Commissioner is AFFIRMED under § 205(g) of the Social

Security Act, 42 U.S.C. § 405(g).

I. Social Security Act Eligibility, Standard of Review, Procedural

History, and the Commissioner’s Decision

A. Social Security Eligibility

The law defines disability as the inability to do 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 twelve months. 42 U.S.C. §§ 416(i), 423(d)(1)(A),

1382c(a)(3)(A); 20 C.F.R. §§ 404.1505(a), 416.905(a). The impairment must be

severe, making the claimant unable to do his previous work, or any other substantial

gainful activity which exists in the national economy. 42 U.S.C. §§ 423(d)(2)(A),

1382c(a)(3)(A); 20 C.F.R. §§ 404.1505–404.1511, 416.905–416.911.

B. Standard of Review

The Commissioner’s findings of fact are conclusive if supported by

substantial evidence. 42 U.S.C. § 405(g). “Substantial evidence is more than a

scintilla and is such relevant evidence as a reasonable person would accept as

adequate to support a conclusion. Even if the evidence preponderated against the

Commissioner’s findings, we must affirm if the decision reached is supported by

substantial evidence.” Crawford v. Comm’r of Soc. Sec., 363 F.3d 1155, 1158 (11th

Cir. 2004). In conducting this review, this Court may not reweigh the evidence or

substitute its judgment for that of the administrative law judge, but must consider

the evidence as a whole, taking into account evidence favorable as well as

unfavorable to the decision. Winschel v. Comm’r of Soc. Sec., 631 F.3d 1176, 1178

(11th Cir. 2011) (citation omitted); Foote v. Chater, 67 F.3d 1553, 1560 (11th Cir.

1995); Martin v. Sullivan, 894 F.2d 1520, 1529 (11th Cir. 1990). Unlike findings of

fact, the Commissioner’s conclusions of law are not presumed valid and are

reviewed under a de novo standard. Keeton v. Dep’t of Health & Hum. Servs., 21

F.3d 1064, 1066 (11th Cir. 1994); Maldonado v. Comm’r of Soc. Sec., No. 20-14331,

2021 WL 2838362, at *2 (11th Cir. July 8, 2021); Martin, 894 F.2d at 1529. “The

[Commissioner’s] failure to apply the correct law or to provide the reviewing court

with sufficient reasoning for determining that the proper legal analysis has been

conducted mandates reversal.” Keeton, 21 F.3d at 1066.

The Commissioner must follow five steps in evaluating a claim of disability.

20 C.F.R. §§ 404.1520, 416.920. At the first step, the Commissioner must determine

whether the claimant is currently engaged in substantial gainful employment. 20

C.F.R. § 404.1520(a)(4)(i), (b); 20 C.F.R. § 416.920(a)(4)(i), (b). At step two, the

Commissioner must determine whether the impairment or combination of

impairments from which the claimant allegedly suffers is “severe.” 20 C.F.R. §

404.1520(a)(4)(ii), (c); 20 C.F.R. § 416.920(a)(4)(ii), (c). At step three, the

Commissioner must decide whether the claimant’s severe impairments meet or

medically equal a listed impairment. 20 C.F.R. § 404.1520(a)(4)(iii), (d); 20 C.F.R.

§ 416.920(a)(4)(iii), (d). If the Commissioner finds the claimant’s severe

impairments do not meet or medically equal a listed impairment, then the

Commissioner must determine whether the claimant has the residual functional

capacity (“RFC”) to perform his past relevant work. 20 C.F.R. § 404.1520(a)(4)(iv),

(e)–(f); 20 C.F.R. § 416.920(a)(4)(iv), (e)–(f).

If the claimant cannot perform his past relevant work, the Commissioner must

determine at step five whether the claimant’s RFC permits him to perform other

work that exists in the national economy. 20 C.F.R. §§ 404.1520(a)(4)(v), (g),

416.920(a)(4)(v), (g). At the fifth step, there are two ways in which the ALJ may

establish whether the claimant is capable of performing other work available in the

national economy. The first is by applying the Medical Vocational Guidelines, and

the second is by the use of a vocational expert. Phillips v. Barnhart, 357 F.3d 1232,

1239-40 (11th Cir. 2004); Atha v. Comm’r, Soc. Sec. Admin., 616 F. App’x 931, 933

(11th Cir. 2015).

The claimant bears the burden of proof through step four. Atha, 616 F. App’x

at 933. If the claimant meets this burden, then the burden temporarily shifts to the

Commissioner to establish the fifth step. Id.; 20 C.F.R. § 404.1520(a)(4)(v), (g); 20

C.F.R. § 416.920(a)(4)(v), (g). If the Commissioner presents evidence of other work

that exists in significant numbers in the national economy that the claimant is able

to perform, only then does the burden shift back to the claimant to prove he is unable

to perform these jobs. Atha, 616 F. App’x at 993.

C. Procedural History

Plaintiff applied for a period of disability and disability insurance benefits on

February 2, 2021, alleging disability beginning January 18, 2021. (Tr. 71, 180-90).

The application was denied initially and on reconsideration. (Tr. 71, 72). Plaintiff

requested a hearing and on October 17, 2022, a hearing was held before

Administrative Law Judge Glen H. Watkins (“ALJ”). (Tr. 34-54). On December 23,

2022, the ALJ entered a decision finding Plaintiff had not been disabled from

January 18, 2021, through the date of the decision. (Tr. 17-28). On April 4, 2023,

the Appeals Council denied Plaintiff’s request for review. (Tr. 1-5).

Plaintiff began this action by Complaint (Doc. 1) filed on May 9, 2023, and

the case is ripe for review. The parties consented to proceed before a United States

Magistrate Judge for all proceedings. (Doc. 13).

D. Summary of ALJ’s Decision

In this matter, the ALJ found Plaintiff meets the insured status requirements

of the Social Security Act through December 31, 2025. (Tr. 19). At step one of the

sequential evaluation, the ALJ found that Plaintiff had not engaged in substantial

gainful activity since January 18, 2021, the alleged onset date. (Tr. 19). At step two,

the ALJ found that Plaintiff had the following severe impairments: “anxiety

disorder; major depressive disorder; post-traumatic stress disorder (PTSD); lumbar

disc disease; left foot calcaneal spur; osteoarthritis of the ankles, feet, knees, and

hands; and left thumb trigger finger.” (Tr. 19). At step three, the ALJ found that

Plaintiff did not have an impairment or combination of impairments that meets or

medically equals the severity of any of the listed impairments in 20 C.F.R. Part 404,

Subpart P, Appendix 1 (20 C.F.R. §§ 404.1520(d), 404.1525, 404.1526). (Tr. 19).

Before proceeding to step four, the ALJ found that Plaintiff had the following

RFC:

After careful consideration of the entire record, the

undersigned finds that the claimant has the residual functional

capacity to lift up to 20 pounds occasionally and lift and carry

up to 10 pounds frequently and light work as defined in 20

[C.F.R. §] 404.1567(b). The claimant can stand and/or walk for

approximately 6 hours per 8-hour workday and sit for

approximately 6 hours per 8-hour workday. All postural

positions are limited to occasional including climbing ladders,

ropes, or scaffolds, climbing ramps or stairs, balancing,

stooping, crouching, kneeling and crawling. Gross

manipulation bilaterally is limited to frequent. The claimant

can understand, remember, carry out and perform simple

routine tasks and instructions and with reasoning level 1 or 2.

(Tr. 22).

At step four, the ALJ determined that Plaintiff was not capable of performing

his past relevant work as a bus driver, tractor trailer truck driver, and HVAC installer.

(Tr. 27). At step five, the ALJ found that considering Plaintiff’s age (51 years old on

the alleged disability onset date), education (at least high school), work experience,

and RFC, there were jobs that existed in significant numbers in the national economy

that Plaintiff could perform. (Tr. 27). Specifically, the vocational expert testified that

a person with Plaintiff’s limitations could perform such occupations as:

(1) Small products assembler, DOT1 706.684-022, light, SVP 2

(2) Scale operator, DOT 555.687-010, light, SVP 2

1 DOT refers to the Dictionary of Occupational Titles.

(3) Collator operator, DOT 208.685-010, light, SVP 2

(Tr. 28). The ALJ concluded that Plaintiff had not been under a disability from

January 18, 2021, through the date of the decision. (Tr. 28).

II. Analysis

On appeal, Plaintiff raises four issues:

(1) Whether the ALJ failed to develop the record;

(2) Whether the ALJ’s RFC assessment for light work is supported by

substantial evidence;

(3) Whether the ALJ failed to properly consider Plaintiff’s credibility and

subjective complaints; and

(4) Whether the ALJ failed to consider a combination of impairments.

(Doc. 26, p. 3).

A. Duty to Develop the Record

Plaintiff contends that even though the SSA sent Plaintiff to a physical

consultative examination and a mental consultative examination, neither provider

supplied a function-by-function assessment. (Doc. 26, p. 3-7). Plaintiff argues that

the ALJ failed to develop the record by not recontacting these providers to obtain

function-by-function assessments and argues the record does not contain the

necessary information for the ALJ to assess an RFC. (Doc. 26, p. 3-7). Without this

type of analysis, Plaintiff argues that the ALJ had no basis to find Plaintiff able to

perform light work with additional limitations. (Doc. 26, p. 3). The Court finds no

basis for remand on this issue.

A plaintiff bears the burden of proving he is disabled and is responsible “for

producing evidence in support of his claim.” Ellison v. Barnhart, 355 F.3d 1272,

1275 (11th Cir. 2003). Even so, “[i]t is well-established that the ALJ has a basic duty

to develop a full and fair record.” Id. See 20 C.F.R. § 416.945(a)(3) (“However,

before we make a determination that you are not disabled, we are responsible for

developing your complete medical history, including arranging for a consultative

examination(s) if necessary, and making every reasonable effort to help you get

medical reports from your own medical sources.”).2

Even though an ALJ has this duty, he “is not required to order a consultative

examination as long as the record contains sufficient evidence for the administrative

law judge to make an informed decision.” Ingram v. Comm’r of Soc. Sec. Admin.,

496 F.3d 1253, 1269 (11th Cir. 2007). Further, the ordering of a consultative

examination or recontacting a consultative examiner is a discretionary matter for the

ALJ and should be sought “‘to try to resolve an inconsistency in the evidence or

when the evidence as a whole is insufficient to support a determination or decision’

2 When a claimant is not represented at a hearing and has not waived her right to representation,

then the ALJ has a “special duty” to develop the record. See Brown v. Shalala, 44 F.3d 931, 934-

35 (11th Cir. 1995). In this case, Plaintiff was represented at the hearing and thus the ALJ only

had a basic duty to develop the record. (Tr. 34-54).

on the claim.” Banks for Hunter v. Comm’r, Soc. Sec. Admin., 686 F. App’x 706,

713 (11th Cir. 2017) (quoting 20 C.F.R. § 416.919a(b)).

On August 21, 2021, Ladapo Shyngle, M.D. from Newsome Medical

conducted a consultative examination of Plaintiff. (Tr. 473-80). On examination, he

found Plaintiff had a generally normal exam with “no pain discomfort,” except: mild

to moderate tenderness in the lift hip, right knee, right ankle; moderate cervical

tenderness; moderate difficulty with tandem walk, heel walk, toe walk, squatting;

and was unsteady to hop. (Tr. 475-76). His impression was, “[c]laimant has

moderate restriction for strenuous physical activities because of his musculoskeletal

pains.” (Tr. 477).

In the decision, the ALJ thoroughly summarized Dr. Shyngle’s report. (Tr.

25). The ALJ found his opinion, “that the claimant has moderate restrictions for

strenuous physical activities due to musculoskeletal pains is not persuasive. The

moderate restrictions and strenuous activities were not defined by Dr. Shyngle.

Therefore, supportability and consistency cannot be determined (6F).” (Tr. 26).

While Dr. Shyngle did not supply a function-by-function analysis, the State

agency medical consultant, Gordon Couch, M.D. did. (Tr. 59-61). Dr. Couch found

Plaintiff able to stand or walk about 6 hours in an 8 -hour workday, sit for 6 hours

in an 8-hour workday, was limited to frequently climbing ramps or stairs,

occasionally climbing ladders/ropes/scaffolds, and limited right handling. (Tr. 59-

60). To reach these limitations, Dr. Couch considered the medical evidence of

record, which included a detailed summary of Dr. Shyngle’s consultative

examination. (Tr. 61).

In the decision, the ALJ considered Dr. Couch’s findings and found them

partially persuasive. (Tr. 26). The ALJ noted that Dr. Couch assessed light exertion

with postural and manipulative limitations, but found Plaintiff more limited:

The prior administrative findings are supportable and

inconsistent [sic] in terms of the light exertion. However, the

undersigned finds that the evidence supports slightly more

restrictive postural limitations and also bilateral limitations for

gross manipulation rather than just the right upper extremity.

The prior administrative findings were made in September

2021, and there are a number of subsequent records including

from Gessler Clinic in 2021 and 2022, as well as a lumbar spine

MRI from December 2021 which support the more restrictive

limitations herein.

(Tr. 26). Thus, the ALJ considered Dr. Couch’s findings – which included a review

of Dr. Shyngle’s examination findings – and incorporated some of these findings,

but also considered more recent medical evidence to add additional limitations in the

RFC. Plaintiff failed to show that the evidence as a whole was insufficient to support

the ALJ’s RFC assessment for physical limitations.

Likewise, Plaintiff argues that the ALJ should have obtained a function-by-

function report on Plaintiff’s mental limitations because the consultative

psychological evaluator did not provide this analysis. (Doc. 26, p. 4-7). On August

23, 2021, Maria R. Otero-Suria, Psy.D. conducted a psychological evaluation. The

evaluation showed a generally normal mental evaluation, with some recent memory

and slow speech issues. (Tr. 506-509). Dr. Otero-Suria found that Plaintiff’s “mental

health symptoms based on report and clinical observations appear to be moderately

impacting activities of daily living, vocational performance, and interpersonal

interactions. Current prognosis for Mr. Olivares is fair.” (Tr. 509).

In the decision, the ALJ summarized in detail Dr. Otero-Suria’s psychological

evaluation. (Tr. 25, 26-27). The ALJ determined that “the opinion of Dr. Otero-Suria

who opined that mental health symptoms appeared to be moderately impacting

activities of daily living, vocational performance, and interpersonal interactions, is

not persuasive. The term moderate was not defined, and no specifics were provided

in regard to how they impact activities of daily living, vocational performance or

interpersonal interactions.” (Tr. 26-27).

In the decision, the ALJ noted that Dr. Otero-Suria found Plaintiff had

impaired recent memory and slow speech, as well as findings of anxious mood and

restless behavior/motor reported in other medical records from 2022. (Tr 26). As a

result, the ALJ decided that these medical records support limitations to simple

routine tasks and instructions and with reasoning level 1or 2. (Tr. 26). Thus, even

though the ALJ did not find all of Dr. Otero-Suria’s opinion persuasive, the ALJ still

adopted some of the evaluation findings, which lead to including additional

limitations in the RFC based on Dr. Otero-Suria’s evaluation and other medical

evidence of record. Plaintiff failed to show that the evidence as a whole was

insufficient to support the ALJ’s RFC assessment as to mental limitations.

B. Light Work

Plaintiff argues that substantial evidence does not support the ALJ’s RFC

assessment that Plaintiff could perform the standing and walking requirements of

light work, based on his complaints of low back pain radiating down his right leg,

bilateral knee pain, and bilateral hand pain. (Doc. 26, p. 8). Plaintiff also contends

that he cannot meet the light level work requirements of lifting or carrying 20 pounds

occasionally, and 10 pounds frequently, and standing or walking for 6 hours in an 8-

hour day. (Doc. 26, p.8). The Court finds the ALJ properly considered the RFC

assessment.

An individual’s RFC is his ability to do physical and mental work activities

on a sustained basis despite limitations secondary to his established impairments.

Delker v. Comm’r of Soc. Sec., 658 F. Supp. 2d 1340, 1364 (M.D. Fla. 2009). In

determining a claimant’s RFC, the ALJ must consider all relevant evidence

including non-severe impairments. Barrio v. Comm’r of Soc. Sec., 394 F. App’x 635,

637 (11th Cir. 2010). Furthermore, the ALJ must “‘scrupulously and conscientiously

probe into, inquire of, and explore for all relevant facts.’” Henry v. Comm’r of Soc.

Sec., 802 F.3d 1264, 1267 (11th Cir. 2015) (quoting Cowart v. Schweiker, 662 F.2d

731, 735 (11th Cir.1981)). In other words, ALJs “are by law investigators of the facts

and are tasked not only with the obligation to consider the reasons offered by both

sides, but also with actively developing the record in the case.” Id.

In support of his argument, Plaintiff cites treatment records and the physical

consultative examination which showed that he complained of low back pain,

bilateral leg pain, knee pain, and hand pain. (Doc. 26, p. 8-11). Plaintiff also cites an

abnormal February 2022 MRI that showed, among other things, mild or moderate

disk bulging, a radial tear, bilateral facet hypotrophy with severe impingement, disk

desiccation, a herniated portion of a disk, and severe impingement on the bilateral

lateral recesses. (Doc. 26, p. 10 (citing 541-42)). After the MRI, Plaintiff was

referred to a neurosurgeon, Jonathan S. Hall, M.D. (Doc. 26, p. 11). At this visit, Dr.

Hall found tenderness to palpation over the cervical and lumbar spine, with some

limited range of motion. (Doc. 26, p. 11; Tr. 640).

At the same time – as the ALJ noted and Plaintiff concedes – Dr. Hall found

Plaintiff could ambulate in and out of the office without difficulty and without an

assistive device. (Tr. 640; Doc. 26, p. 11). Dr. Hall also found focal motor testing,

including an assessment of hand, wrist, biceps, triceps, and deltoids, as well as

dorsiflexion, plantar flexion, knee flexion, knee extension, and iliopsoas were all

5/5. (Tr. 640). Dr. Hall recommended limited lumbar epidural injections to provide

relief, but noted Plaintiff may eventually need surgery for definitive care. (Tr. 641).

The ALJ considered all the relevant evidence of record, both the evidence in

support of Plaintiff’s complaints as well as other evidence in reaching an RFC

assessment. And as discussed above, the ALJ relied in part on the State agency

medical consultant’s opinion on Plaintiff’s physical functional limitations. (Tr. 26).

In essence, Plaintiff invites the Court to reweigh the evidence, which it cannot do. A

court may not decide the facts anew, reweigh the evidence, or substitute its judgment

for that of the Commissioner. Mitchell v. Comm’r, Soc. Sec. Admin., 771 F.3d 780,

782 (11th Cir. 2014). Even if the evidence preponderates against the

Commissioner’s decision, the Court must affirm if substantial evidence supports the

Commissioner’s decision. Buckwalter v. Acting Comm’r of Soc. Sec., 5 F.4th 1315,

1320 (11th Cir. 2021). Substantial evidence supports the ALJ’s RFC assessment for

light work.

C. Subjective Complaints

Plaintiff argues that the ALJ inaccurately considered Plaintiff’s subjective

complaints. (Doc. 26, p. 17). Plaintiff complained of pain in his hands, low back,

knees, hips, and feet at almost every office visit, which he argues conflicts with the

ALJ’s finding that treatment records did not show consistent complaints of the

symptoms Plaintiff alleged were disabling. (Doc. 26, p. 17). Plaintiff further argues

that the ALJ cited treatment records that showed the absence of abnormal findings

for imbalance, moving about the exam rooms, difficulty getting up from chairs, or

up and down from exam tables, but no record supports a finding that he could stand

or walk for 6 hours in an 8-hour workday. (Doc. 26, p. 17). Plaintiff also argues that

the ALJ failed to properly consider the severity of the objective medical evidence,

including the results of a February 2022 MRI. (Doc. 26, p. 18). Finally, Plaintiff

contends that the ALJ failed to properly consider Plaintiff’s subjective complaints

of his mental health conditions, such as anxiety, depression, post-traumatic stress

syndrome, and sleep disorders. (Doc. 26, p. 20-21).

Generally, a claimant may establish that he is disabled through his own

testimony of pain or other subjective symptoms. Ross v. Comm’r of Soc. Sec., 794

F. App’x 858, 867 (11th Cir. 2019) (citing Dyer v. Barnhart, 395 F.3d 1206, 1210

(11th Cir. 2005)). In such a case, a claimant must establish:

“(1) evidence of an underlying medical condition and either (2)

objective medical evidence that confirms the severity of the

alleged pain arising from that condition or (3) that the

objectively determined medical condition is of such a severity

that it can be reasonably expected to give rise to the alleged

pain.”

Id. (quoting Dyer, 395 F.3d at 1210).

When evaluating a claimant’s testimony, the ALJ should consider: (1) the

claimant’s daily activities; (2) the location, duration, frequency, and intensity of the

claimant’s pain or other symptoms; (3) precipitating and aggravating factors; (4) the

type, dosage, effectiveness, and side effects of any medication to alleviate pain or

other symptoms; (5) treatment other than medication for relief of pain or other

symptoms; (6) any measures a claimant uses to relieve pain or other symptoms; and

(7) other factors concerning a claimant’s functional limitations and restrictions due

to pain or other symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); Ross v.

Comm’r of Soc. Sec., 794 F. App’x 858, 867 (11th Cir. 2019).

The ALJ should consider these factors along with all the evidence of record.

Ross, 794 F. App’x 867. If the ALJ discredits this testimony, then the ALJ “‘must

clearly articulate explicit and adequate reasons for’ doing so.” Id. (quoting Dyer, 395

F.3d at 1210). The ALJ may consider the consistency of the claimant’s statements

along with the rest of the record to reach this determination. Id. Such findings “‘are

the province of the ALJ,’ and we will ‘not disturb a clearly articulated credibility

finding supported by substantial evidence.’” Id. (quoting Mitchell v. Comm’r of Soc.

Sec., 771 F.3d 780, 782 (11th Cir. 2014)). A decision will be affirmed as long as the

decision is not a “broad rejection which is not enough to enable [a reviewing court]

to conclude that the ALJ considered [the claimant’s] medical condition as a whole.”

Dyer, 395 F.3d at 1211 (quotation and brackets omitted).

In the decision, the ALJ summarized Plaintiff’s allegations of pain and his

limitations. (Tr. 23). The ALJ recounted that Plaintiff alleged disability largely based

on pain, such as pain in his back, knees, feet, and hands, which limited him in sitting,

standing, walking, lifting, carrying, fine and gross manipulations, reaching, postural

activities, and most activities of daily living. (Tr. 23). The ALJ summarized

Plaintiff’s hearing testimony when he described radicular back pain down the lower

extremities, loss of feeling in his toes, tingling and burning of the feet, the use of a

cane, difficulty holding and grasping objects, and difficulty with self-care and simple

daily activities. (Tr. 23). The ALJ also summarized Plaintiff’s mental complaints,

such as difficulty concentrating and focusing, getting along with others, and

difficulty sleeping, causing sleeping during the day. (Tr. 23). Finally, the ALJ

discussed side effects of Plaintiff’s medications, but found Plaintiff no longer took

the medication causing side effects. (Tr. 23).

The ALJ then determined that Plaintiff’s medically determinable impairments

could reasonably be expected to cause the alleged symptoms, but his statements

concerning the intensity, persistence, and limiting effects of these symptoms were

not entirely consistent with the medical and other evidence of record for the reasons

explained in the decision. (Tr. 23). The ALJ then explained his subjective complaint

findings in more detail:

As for the claimant’s statements about the intensity,

persistence, and limiting effects of his symptoms, they are

inconsistent because treatment records do not show that the

claimant has consistently complained of the symptoms he

alleges are disabling. The records do not show that a cane is

prescribed or regularly used, and do not report findings of

obvious discomfort on office visits. The undersigned further

notes the absence of numerous abnormal findings such as

imbalance, difficulty moving about the examination rooms,

and difficulty getting up from chairs or up and down from

examination tables, among others. Additionally, a number of

objective examination findings are largely normal and in

marked contrast to the very severe limitations alleged.

Specifically, the records discussed below repeatedly report

findings of no acute distress, normal gait and station, normal

range of motion, normal sensory, and normal mental findings

which are inconsistent with the physical and mental limitations

alleged. With regard to alleged difficulty sleeping and sleeping

during the day the treatment records are generally devoid of

abnormal findings such as the appearance of sleepiness or

drowsiness, impaired focus or otherwise.

(Tr. 23).

Following the subjective complaint findings, the ALJ discussed the objective

medical evidence from Plaintiff’s various office visits as well as the objective

testing, such as MRI results. (Tr. 24-26). He considered in detail the consultative

exam conducted by Dr. Shyngle as well as the mental health records from Peace

River Center and Dr. Otero-Suria’s consultative evaluation. (Tr. 25). The ALJ also

considered Plaintiff’s alleged sleep issues from PTSD caused by Plaintiff witnessing

traumatic events while a tow-truck driver. (Tr. 23). The ALJ found that the treatment

records generally lack abnormal findings, including any appearance of sleepiness,

drowsiness, or impaired focus. (Tr. 23). The ALJ considered Plaintiff’s daily

activities, the location and intensity of his pain, the side effects of any medication,

the treatment he received, as well as the objective medical and other evidence of

record. In short, the ALJ considered all the relevant evidence of record, clearly

articulated explicit and adequate reasons for finding Plaintiff’s subjective statements

not entirely consistent with the medical and other evidence of record, and considered

Plaintiff’s medical condition as a whole. As stated above, the Court cannot reweigh

the evidence, or substitute its judgment for that of the Commissioner. Mitchell v.

Comm’r, Soc. Sec. Admin., 771 F.3d 780, 782 (11th Cir. 2014). Substantial evidence

supports the ALJ’s subjective complaint analysis.

D. Mental Limitations in RFC

Plaintiff claims that even though the ALJ found Plaintiff’s anxiety disorder,

major depressive disorder, and PTSD severe impairments, the ALJ did not account

for these impairments in the RFC. (Doc. 26, p. 22). Plaintiff claims that the ALJ

barely mentioned Plaintiff’s mental impairments in his RFC assessment. (Doc. 26,

p. 22).

In the decision at step two, the ALJ found Plaintiff had severe impairments,

including anxiety disorder, major depressive disorder, and PTSD. (Tr. 19). By

definition and as the ALJ noted, severe impairments “significantly limit the ability

to perform basic work activities as required by SSR 85-28.” (Tr. 16); see 20 C.F.R.

§ 404.1520(c). “[B]eyond the second step, the ALJ must consider the entirety of the

claimant’s limitations, regardless of whether they are individually disabling.” Griffin

v. Comm’r of Soc. Sec., 560 F. App’x 837, 841-842 (11th Cir. 2014) (internal

citations omitted). As explained above, an RFC assessment reflects an individual’s

ability to do physical and mental work activities on a sustained basis despite his

established impairments. Delker v. Comm’r of Soc. Sec., 658 F. Supp. 2d 1340, 1364

(M.D. Fla. 2009). To assess an RFC, the ALJ must consider all relevant evidence.

Barrio v. Comm’r of Soc. Sec., 394 F. App’x 635, 637 (11th Cir. 2010).

In the decision, the ALJ discussed Plaintiff’s mental impairments. He noted

that Plaintiff was treated at Peace River Center3 briefly from February 2022 to July

2022, a clear indication that the ALJ considered these records. (Tr. 25). He

summarized one such mental status examination, which had largely normal findings:

“demeanor, cognition, memory, insight, judgment, thought content and thought

process were all within normal limits. The undersigned does note findings of anxious

mood, and restless behavior/motor.” (Tr. 25). The ALJ also thoroughly summarized

Dr. Otero-Suria’s psychological evaluation noting largely normal findings, except

for impaired recent memory and slow speech. (Tr. 25). He considered Plaintiff’s

alleged sleep difficulties because of PTSD, but found that the treatment records do

not reflect an appearance of sleepiness, drowsiness, or impaired focus. (Tr. 23). In

addition, the ALJ discussed Plaintiff’s activities of daily living as reported to Dr.

Otero-Suria. (Tr. 25). Plaintiff reported he could drive independently for short

distances, prepare basic food without assistance, complete basic household chores

that do not require bending, and manage money if needed. (Tr. 25).

3 Plaintiff previously noted that he was treated at Peace River Center by a Licensed Mental Health

Counselor. (Doc. 26, p. 19). Plaintiff acknowledged that a Licensed Mental Health Counselor is

not an acceptable medical source under the regulations. (Doc. 26, p. 19); see 20 C.F.R.

§ 404.1502(a).

Lastly, the ALJ discussed the State agency psychological consultant’s

opinion. He found it unpersuasive based partially on Dr. Otero-Suria’s opinion who

found Plaintiff had impaired recent memory and slow speech. (Tr. 26). The ALJ then

determined, “[t]he mental residual functional capacity and limitation for simple

routine tasks and instructions and with reasoning level 1 or 2 is supported by the

consultative examination and the treatment records from Peace River Center.” (Tr.

27).

Here, the ALJ considered the entirety of Plaintiff’s limitations, including his

alleged mental impairments. The ALJ thoroughly considered the medical and other

evidence of record that related to his alleged mental impairments. After

consideration of the evidence of record, the ALJ assessed Plaintiff’s RFC and limited

him to light work with additional limitations and to jobs that have simple routine

tasks and instruction and a reasoning level 1 or 2. (Tr. 22, 27). Substantial evidence

supports the ALJ’s RFC assessment.

III. Conclusion

For the reasons discussed above, the Court finds that the decision of the

Commissioner is supported by substantial evidence and the Commissioner applied

the correct legal standard. The decision of the Commissioner is AFFIRMED. The

Clerk of Court is directed to enter judgment consistent with this opinion, terminate

all deadlines, and close the case.

DONE and ORDERED in Fort Myers, Florida on July 12, 2024.

nou ILAS N. ERATIER

UNITED STATES MAGISTRATE JUDGE

Copies furnished to:

Counsel of Record

Unrepresented Parties

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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