Opinion

RIDGWAY v. KIJAKAZI

Court
District Court, W.D. Pennsylvania
Filed
Sep 19, 2024
Cited by
0 cases
Authority
More cited than 31.8%

holding that each fact incorporated into the RFC need not have been found by a medical expert

How later courts described this case

  • holding that each fact incorporated into the RFC need not have been found by a medical expert

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

DANA E. RIDGWAY, )

)

Plaintiff, )

)

v. ) Civil Action No. 23-1303

)

MARTIN O’MALLEY,1 )

Commissioner of Social Security, )

)

Defendant. )

O R D E R

AND NOW, this 19th day of September, 2024, upon consideration of the parties’

cross-motions for summary judgment, the Court, after reviewing of the Commissioner of Social

Security’s final decision denying Plaintiff’s claim for disability insurance benefits under

Subchapter II of the Social Security Act, 42 U.S.C. § 401 et seq., finds that the Commissioner’s

findings are supported by substantial evidence and, accordingly, affirms. See 42 U.S.C. §

405(g); Biestek v. Berryhill, 139 S. Ct. 1148, 1153-54 (2019); Jesurum v. Secretary of U.S. Dep’t

of Health & Human Servs, 48 F.3d 114, 117 (3d Cir. 1995) (citing Brown v. Bowen, 845 F.2d

1211, 1213 (3d Cir. 1988)). See also Berry v. Sullivan, 738 F. Supp. 942, 944 (W.D. Pa. 1990)

(if supported by substantial evidence, the Commissioner’s decision must be affirmed, as a federal

1 Martin O’Malley is substituted as the defendant in this matter, replacing former Acting

Commissioner Kilolo Kijakazi pursuant to Federal Rule of Civil Procedure 25(d) and 42 U.S.C.

§ 405(g).

court may neither reweigh the evidence, nor reverse, merely because it would have decided the

claim differently) (citing Cotter v. Harris, 642 F.2d 700, 705 (3d Cir. 1981)).2

2 Plaintiff identifies two ways in which she claims that the Administrative Law Judge

(“ALJ”) erred in this case. First, she argues that the ALJ made and relied on a materially

incorrect finding of fact in regard to her migraine medication. Second, she contends that the ALJ

failed to provide a sufficient explanation for his residual functional capacity (“RFC”)

determination, specifically in regard to work absences. The Court finds no merit in Plaintiff’s

positions and finds that substantial evidence supports the ALJ’s RFC findings and his

determination that Plaintiff is not disabled.

Plaintiff’s first argument is not supported by the record. She asserts that the ALJ

incorrectly found that the only medication she took for her migraine headaches was Excedrin

Migraine every three weeks (Doc. No. 10, p. 8), citing his statement in connection with Listing

11.02 that “the neurology records indicate that she only needs to take Excedrin Migraine every

three weeks.” (R. 21). Plaintiff suggests that this statement implied the ALJ found that this was

the only medication she was taking for her headaches. An examination, though, of the record as

a whole, see Jones v. Barnhart, 364 F.3d 501, 505 (3d Cir. 2004), demonstrates clearly that this

was not what the ALJ meant. Indeed, he discussed Plaintiff’s ongoing medication management

at some length in the decision, including her use of Fioricet, a different medication. (R. 22). It is

very clear that the ALJ understood Excedrin to be just one of a number of medications Plaintiff

has taken for her condition. In this context, the use of the word “only” emphasized the

infrequency with which Plaintiff used Excedrin, not that it was the only medication she took.

Plaintiff’s second argument fares no better. She argues that although the ALJ included in

the RFC a provision that she would be absent from work once a month, he did not explain how

the evidence supported this seemingly arbitrary limitation. She asserts that this is similar to the

case in Caville v. Berryhill, Civ. No. 18-1657, 2019 WL 4278832 (W.D. Pa. Sept. 10, 2019),

where this Court found that the ALJ failed to explain the evidentiary basis for the rather

extensive and specific RFC findings. The Court first notes that to the extent that Plaintiff is

claiming that an RFC finding must be tied to a specific doctor’s findings, the Third Circuit Court

of Appeals has made clear that “[t]he ALJ – not treating or examining physicians or State agency

consultants – must make the ultimate disability and RFC determinations.” Chandler v. Comm’r

of Soc. Sec., 667 F.3d 356, 361 (3d Cir. 2011). See also 20 C.F.R. §§ 404.1520b(c)(3),

404.1546(c); SSR 96-5p, 1996 WL 374183 (S.S.A.) (July 2, 1996). “There is no legal

requirement that a physician have made the particular findings that an ALJ adopts in the course

of determining an RFC.” Titterington v. Barnhart, 174 Fed. Appx. 6, 11 (3d Cir. 2006). See

also Chandler, 667 F.3d at 362 (holding that each fact incorporated into the RFC need not have

been found by a medical expert). It is not problematic, therefore, that the ALJ’s finding that

Plaintiff would be absent a day per month did not come directly from any specific health care

provider’s findings or opinion.

Plaintiff is correct, nonetheless, that an ALJ must explain the basis for his or her RFC

findings and set forth the reasons for crediting or discrediting relevant or pertinent medical

Therefore, IT IS HEREBY ORDERED that Plaintiff’s Motion for Summary

Judgment (Doc. No. 9) is DENIED and that Defendant’s Motion for Summary Judgment (Doc.

No. 12) is GRANTED as set forth herein.

s/Alan N. Bloch

United States District Judge

ecf: Counsel of record

evidence in any event. See Burnett v. Comm’r of Soc. Sec., 220 F.3d 112, 121-22 (3d Cir. 2000);

Fargnoli v. Massanari, 247 F.3d 34, 41 (3d Cir. 2001). Plaintiff’s argument notwithstanding, the

ALJ did just that here. Plaintiff suggests that the ALJ’s determination that she would be off

work one day a month was arbitrary, particularly in light of the statement of her treating

provider, Tami Judy, CRNP, that the frequency of her headaches was several times a week. (R.

624). However, the ALJ considered Ms. Judy’s statement, finding it to overstate the severity of

Plaintiff’s limitations. (R. 23). He also considered the opinions of the state agency medical

consultants and found that their opinions were under-inclusive since they did not account for

Plaintiff’s need for additional breaks and unexpected absences to deal with her migraines. (Id.).

Between this overstatement and understatement, he arrived at the need for one absence per

month, which he expressly tied to her migraines. (Id.). Unlike the situation in Caville, this

explanation provided a logical explanation for how the varying medical evidence led to that

result. This analysis was sufficient to allow for meaningful review and for the Court to find that

his decision is supported by substantial evidence.

Accordingly, for the reasons set forth herein, the Court finds that the ALJ applied the

proper legal standards and that substantial evidence supports his findings. The Court will

therefore affirm.

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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