Opinion

David Watkins v. Commissioner, Social Security Administration

Court
Court of Appeals for the Eleventh Circuit
Filed
Jan 2, 2025
Status
Unpublished
Nature of suit
NEW
Cited by
0 cases
Authority
More cited than 33.5%

rejecting an accusation of “cherry picking” by the ALJ and explaining that “the same process can be described more neutrally as weighing the evidence”

How later courts described this case

  • rejecting an accusation of “cherry picking” by the ALJ and explaining that “the same process can be described more neutrally as weighing the evidence”
  • sustaining an ALJ’s finding concerning the conservative nature of the treatment for purposes of discrediting the claimant’s statements concerning the severity and limitations of his disability
  • affirming ALJ’s discounting of treating physician’s opinion where it was “based primarily on [the applicant’s] subjective complaints of pain”
  • “Substantial evidence is more than a scintilla and is such relevant evidence as a reasonable person would accept as adequate to support a conclusion.” (quotations omitted)

Written by the judges who cited it.

The opinion

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[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 23-12765

____________________

DAVID B. WATKINS,

Plaintiff-Appellant,

versus

COMMISSIONER, SOCIAL SECURITY ADMINISTRATION,

Defendant-Appellee.

____________________

Appeal from the United States District Court

for the Middle District of Florida

D.C. Docket No. 8:22-cv-00794-VMC-MRM

____________________

Before BRANCH, LUCK, and LAGOA, Circuit Judges.

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2 Opinion of the Court 23-12765

PER CURIAM:

David Watkins appeals the district court’s order affirming

the Social Security Administration (“SSA”) Commissioner’s

decision denying his application for disability insurance benefits

(“DIB”) under 42 U.S.C. § 405(g). He argues that (1) the ALJ erred

in weighing the medical opinion evidence; (2) the ALJ erred in

weighing his subjective complaints; and (3) the ALJ erred in

determining his residual functional capacity (“RFC”). After careful

review, we affirm.

I. Background

A. Procedural History Leading Up To The Decision On

Review

In October 2012, Watkins, then age 57, applied for DIB with

a disability onset date of March 24, 2012. 1 He alleged that (1) he

was ultimately terminated from his job as a chemical engineer

because of disabling anxiety and major depression, and (2) he was

no longer able to work because of those conditions. Watkins

indicated in his self-prepared function report that his depression

and anxiety affected “all facets” of his life and caused problems with

concentration, focus, memory, and understanding and following

instructions; caused frequent absences from work; caused crying,

worries, constant fears, problems sleeping, and social withdrawal;

impaired his ability to “communicate thoughts properly”; and at

1 Watkins was represented by counsel throughout all stages of the underlying

agency proceedings and in the proceedings that followed in the district court.

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23-12765 Opinion of the Court 3

times caused problems with personal care and grooming and the

need for reminders to take medications or do certain tasks. He

alleged that he was a “shut in” and did not have any interest in

going out. When he needed to, however, he could drive and go

out alone, and he regularly left the house for appointments and to

shop for necessities.

After an independent review of the application and

supporting materials by agency consultants, the Social Security

Administration denied Watkins’s application at the initial stage and

on reconsideration. Watkins then requested and received a

hearing before an administrative law judge (“ALJ”). The ALJ

denied Watkins’s application on August 28, 2014, finding Watkins

not disabled. Watkins requested review of the ALJ’s decision by

the Appeals Council, but the Appeals Council denied the request.

Thereafter, Watkins filed a complaint in the district court,

arguing, in relevant part, that the ALJ failed to properly weigh the

medical opinion evidence. A magistrate judge agreed, concluding

that the ALJ had failed to support with substantial evidence his

rejection of Watkins’s treating physician’s opinion. Accordingly,

the magistrate judge reversed the decision of the Commissioner

and remanded the claim for further proceedings on September 27,

2017. 2 The Appeals Council then remanded the claim to a new ALJ

2 Watkins consented to a magistrate judge presiding over the case instead of a

district court judge.

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4 Opinion of the Court 23-12765

for a new hearing and decision. The new hearing took place on

September 11, 2019.

B. Testimony from the Second Hearing

Watkins testified that he was 64 years’ old. Between 2012

and 2017 (the relevant time frame for his disability benefits), 3 he

experienced depression and anxiety, leading him to become

homeless and unable to work. He was admitted into a residential

rehabilitation program through the Department of Veterans

Affairs (“VA”), where he stayed for approximately seven months.

He admitted that he also had an alcohol abuse problem prior to

losing his job, and he voluntarily participated in a 90-day rehab

program. He stated that he was drinking heavily “up until [he] lost

[his] job.” Since rehab, however, he has “had a couple of beers here

and there in 2014 on the 4th of July.” Doctors considered him “an

alcoholic by their standards,” but he did not consider himself to be

one. He stated that he was not drinking anymore.

Watkins testified that he most recently worked in several

engineering roles for a chemical plant—he started as an electrical

engineer; then he transitioned to a scheduling engineer; he then

moved up to being the “master scheduler” in charge of

coordinating employee, contractor, equipment, and tool

3 Disability insurance benefits may not be paid unless the claimant was

disabled while he met the insured status requirements of 42 U.S.C. § 423(c).

See 42 U.S.C. § 423(a)(1)(A). Thus, the ALJ in this case examined whether

Watkins was disabled between his alleged onset date of March 2012 and his

date last insured of December 31, 2017.

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schedules; and finally he was a process safety engineer in charge of

ensuring “everything was up to code.”4 He called out “sick a lot

because of [his] anxiety and [his] depression,” and self-medicated

with alcohol. Although Watkins was no longer drinking presently,

his anxiety and depression were worse.

Watkins explained that he had always struggled with anxiety

and depression, but as he got older, he was unable to maintain the

“mask” needed to keep working and no longer had the energy to

fight off his fears and depression. He had been on benzodiazepines

for 20 years off and on. However, those types of medications

would work for only a short time and ultimately caused him more

depression and anxiety. He had also tried various anti-depressants,

but none of them worked. He explained that he was hospitalized

once for a panic attack, but he had since learned to recognize that

a panic attack is not a heart attack, and that if the symptoms

subside, he does not need to go to the hospital. He explained that

his anxiety and his medications made it difficult to focus because of

constant racing thoughts. He explained that his depression comes

in cycles approximately three times each year and lasts for a period

of several weeks to several months. Watkins confirmed that he

had never attempted suicide and had not had suicidal thoughts

since 2012.

A vocational expert (“VE”) then testified that Watkins’s

4 He testified that prior to his employment at the chemical plant, he had

previous quality control engineering jobs with other companies, but he lost

those jobs because of his anxiety and depression.

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6 Opinion of the Court 23-12765

prior vocations were classified as light, skilled work. The VE

opined that a hypothetical individual “limited to understanding and

carrying out no more than simple, routine, repetitive, unskilled

tasks” could not perform Watkins’s past relevant work. The ALJ

then asked whether there were any jobs in the national economy

that a hypothetical individual, approaching retirement age, with

Watkins’s level of education could perform, where such an

individual was “limited to medium level of exertion,” with various

limitations including no climbing; no heights; avoidance of

extreme temperatures; no operation of heavy machinery; and

“limited to understanding and carrying out simple, routine,

repetitive, unskilled tasks, with the ability to make only basic

decisions and adjust to simple changes in a work setting, with

interaction with others, including the general public, co-workers,

and supervisors limited to occasional.” The VE testified that such

a person would be able to work as a hand packager, a warehouse

worker, or a cook’s helper, and that all of these positions were

available in the national economy.

The VE then testified that the same hypothetical individual

would not be able to work any of those jobs if he would be off task

15 percent of the time and absent from work two to three times a

month. On further examination by Watkins’s counsel, the VE

explained that “the baseline tolerance for time off task” at a given

job is largely dependent on the employer, but ranges from 3 to 8

percent. He further opined that an individual who required

frequent supervision, “meaning up to two-thirds of the workday,”

would likely not be able to maintain gainful employment in the

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previous roles that the VE identified.

C. The Relevant Medical Evidence

In addition to the testimony provided at the second hearing

before the ALJ, the relevant medical evidence included the

following. On March 25, 2012, Watkins admitted himself to Palm

Partners, LLC for treatment for alcohol dependency, noting that

he had relapsed. 5 At that time, he reported symptoms of insomnia,

sweating, tremors, and that he had been suffering depression for

the last 20 years. Watkins reported taking prescribed medications

for anxiety, depression, and ADHD. The notes from his admission

indicate that Watkins had a “neat/clean” appearance and was alert

and oriented with normal speech patterns and affect. His thought

process was logical and coherent, his short- and long-term memory

were normal, and he was cooperative and attentive, but his

judgment was impaired. The evaluation indicated that he had

“severe” stressors in his life, including “[p]roblems with [p]rimary

[s]upport,” “[p]roblems related to social environment,” and

“[e]conomic problems.” He completed a detox program at Palm

Partners.

Watkins saw a general practitioner several times between

June and July 2012 for depression and anxiety and adjustments of

medications. He reported a concern that he was having a bad

reaction to Seroquel, one of the depression medications that he had

5 Records revealed that Watkins had completed a prior treatment program at

Palm Partners for alcohol and benzodiazepine dependency in 2011.

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8 Opinion of the Court 23-12765

been prescribed while at Palm Partners; difficulties with memory,

sleep, and concentration; and feeling depressed with intermittent

severe episodes of anxiety. Nevertheless, activities of daily living

(“ADLs”) were normal as were his physical exams. He also denied

suicidal ideation or any history of attempts. His doctor

discontinued some medications and adjusted others. Watkins

noted minor improvement with the medication adjustments at his

visits in July 2012, and he noted that he had a pending appointment

with a psychiatrist, Dr. Carroll. His doctor recommended that

Watkins “stay off work at least until he [was] able to see

psychiatrist.”

Watkins first saw Dr. Carroll on August 14, 2012. At that

time, Watkins indicated that he was employed but currently on

short term disability through the end of September. He indicated

that he did not “feel ready to return to work” and was “working to

roll into [long term disability].” He reported no incidents of

suicidal or homicidal ideation or risk of self-harm. Dr. Carroll

noted that Watkins’s appearance was “disheveled”; his

psychomotor function “restless”; his affect “tearful/sad” and

anxious; and his mood depressed and anxious. But his judgment

was logical and his thought process organized and relevant, and he

was completely oriented with appropriate insight. She diagnosed

him with alcohol dependence, major depressive disorder (severe),

and generalized anxiety disorder. She discontinued some

medications and began others and requested to see him again in

three to four weeks.

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23-12765 Opinion of the Court 9

Dr. Carroll saw Watkins again for a follow-up on September

6, 2012. Watkins reported that he could not take one of the

prescribed depression medications due to side effects, and she again

adjusted his medication regime. At this visit, she documented that

he had a normal appearance and was fully alert and oriented and

cooperative, with clear and coherent speech, but his speech was

slow and he exhibited retardation of psychomotor function.

Additionally, his mood was “terrible,” and he exhibited an anxious

affect. His memory and concentration were impaired, and his

judgment was poor.

Following the September 6, 2012 visit, Dr. Carroll

completed a narrative report statement. In this statement, she

indicated that Watkins reported prior diagnoses of, and treatment

for, major depressive disorder, generalized anxiety disorder, and

alcohol dependence. He had been placed on short-term disability

“due to the severity of his symptoms.” He frequently self-

medicated with alcohol and had “experienced severe depressive

episodes, agitation, extreme isolation, suicidal thoughts[,] and

paralyzing anxiety attacks” over the previous two years. These

symptoms often interfered with his ability to perform ADLs. He

experienced the most severe symptoms during times “when he

[was] trying to maintain employment or [was] under an inordinate

amount of stress.” Watkins reported that his employment was “a

large source of stress” and he felt “incapable of returning to the

work place.”

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Watkins saw Dr. Carroll approximately a month later for

continuing symptoms of anxiety and depression. Watkins

indicated during this visit that his request for long term disability

had been denied and that he intended to apply for DIB. Dr. Carroll

documented his appearance as normal with good eye contact and

normal motor function. He was cooperative with logical and

organized thoughts, and alert and fully oriented with clear and

coherent speech. But he reported being anxious and depressed and

Dr. Carroll documented that he had a “constricted” affect, and his

memory and concentration were impaired. Watkins’s judgment

improved from “poor” to “fair.” Dr. Carroll again adjusted his

medications.

In November 2012, Dr. Carroll completed a

“psychiatric/psychological impairment questionnaire” in relation

to Watkins’s application for DIB benefits. She indicated that

Watkins suffered from alcohol dependency, major depression, and

generalized anxiety disorder. She asserted that these diagnoses

were supported by the following clinical findings: “poor memory”;

“appetite disturbance with weight change”; “sleep disturbance”;

“mood disturbance”; “social withdrawal or isolation”; “substance

dependence”; “anhedonia or pervasive loss of interests”;

“generalized persistent anxiety”; and “feelings of

guilt/worthlessness.” She listed Watkins’s primary symptoms as:

“(1) continued alcohol use”; “(2) depressed mood, fatigue, poor

cognitive function”; and “(3) persistent generalized anxiety.”

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Based on Watkins’s diagnoses and symptoms, Dr. Carroll

opined that Watkins’s ability to understand and remember “work-

like procedures” and “one or two step instructions” would be

“moderately limited” as would be his ability to carry out such

instructions. Relatedly, Watkins’s ability to understand,

remember, and carry out detailed instructions as well as his ability

to maintain concentration for extended periods of time and

maintain regular attendance and punctuality were “markedly

limited.” Similarly, she opined that Watkins’s “ability to make

simple work related decisions” and to complete a normal

workweek without experiencing disruptions due to his

psychological symptoms was “markedly limited.”

Dr. Carroll also found that Watkins’s symptoms

“moderately limited” his ability to interact with the general public

and his coworkers and to adapt to changes in the workplace.

Additionally, Dr. Carroll indicated that his ability to be aware of

hazards in the workplace and respond appropriately, his ability to

travel, and his ability to set realistic goals and plan independently

were only “mildly limited.” Dr. Carroll noted that she was unable

to comment on Watkins’s ability to “tolerate work stress” because

Watkins had not worked since she began treating him. She

acknowledged that Watkins had good days and bad days, but she

estimated that he would likely be absent from work “more than

three times a month” due to his conditions. Finally, Dr. Carroll

noted that Watkins “need[ed] to work to attain [and] maintain

sobriety in order to see improvement in his mood and anxiety

symptoms. Planning to start behavioral therapy[.]”

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Watkins saw Dr. Carroll again on December 5, 2012,

throughout 2013, 6 and multiple times between January and May

2014. 7 At times Watkins indicated his was doing better and at other

times worse, and he frequently requested changes to his

medications during these visits or expressed concerns with side

effects of current medications, and Dr. Carroll frequently adjusted

his medications. Dr. Carroll’s observations of Watkins during

these periods indicated appropriate grooming; fair to good eye

contact; a cooperative attitude; logical and organized thought

processes; alertness and proper orientation; occasional retardation

of psychomotor function, but unremarkable (i.e., normal function)

the majority of the visits; an abnormal mood and affect; clear and

coherent but occasionally slow and soft speech; fair judgment; fair

insight; low risk of self-harm or violence against others; no suicidal

ideation; and impaired or poor memory and concentration. Her

notes continuously indicated that Watkins needed to focus on

maintaining sobriety.

In June 2014, Dr. Carroll completed a narrative statement

summarizing Watkins’s diagnoses, symptoms, and functional

capacity. Her summary was virtually identical to the answers she

provided in the November 2012 medical source statement.

6 In 2013, Watkins saw Dr. Carroll on March 13, May 7, June 13, July 8, August

12, September 30, October 27, November 25, and December 30.

7 In 2014, Watkins saw Dr. Carroll on January 9, January 28, February 28, April

7, April 30, and May 28.

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Around this same time, Watkins’s counsel referred him for

a psychological evaluation by Dr. Benjamin Cohen in support of

his DIB application. Dr. Cohen evaluated Watkins by conducting

a clinical interview and a mental status examination, reviewing

Watkins’s treatment records from Dr. Carroll, and administering

certain tests. Dr. Cohen’s mental status observations of Watkins

during the evaluation included that Watkins appeared well

groomed; was punctual; made good eye contact; had a depressed

mood with congruent, tearful affect; had normal speech; had goal-

oriented thought processes; was alert and oriented to time, place,

and situation; had average concentration and attention span; and

had fair insight and judgment. Watkins denied suicide attempts

and ideation, but reported nervousness, memory problems, poor

appetite, loneliness, insomnia, feelings of guilt and worthlessness,

and chronic worry since childhood. Watkins was able to complete

simple arithmetic in his head, spell a given word backwards and

forwards, and “was able to complete serial 3’s from 20 with one

mistake.” Dr. Cohen indicated that Watkins’s fund of knowledge

was fair, he was of average intelligence, and his memory was below

average, but not impaired. Based on his review, Dr. Cohen opined

in his evaluation summary and recommendations that Watkins’s

“psychological symptoms would cause mild impairment in his

ability to perform work-related mental activities (i.e.,

concentration and memory) and moderate to severe impairment

in his ability to socialize and adapt at work.” Further, “he would

be at moderate risk for psychological decompensation in the future

if subjected to job-related stressors.”

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14 Opinion of the Court 23-12765

Dr. Cohen then completed a medical source statement,

identifying the following symptoms as supporting Watkins’s

diagnoses: (1) blunt affect; (2) emotional lability; (3) feelings of guilt

or worthlessness; (4) suicidal ideation; (5) difficulty thinking or

concentrating; (6) generalized anxiety; (7) pervasive loss of

interests; (8) appetite disturbances/weight change; (9) fatigue;

(10) pathological dependence; (11) psychomotor retardation;

(12) social isolation/withdrawal; and (13) insomnia. He also noted

that Watkins reported “bouts of depression that last[ed] for several

weeks.” And Dr. Cohen opined that Watkins had

“moderate‑to‑marked” limitations in his ability to: (1) perform at a

consistent pace; (2) accept instructions and respond appropriately

to criticism from supervisors; (3) get along with coworkers or peers

without distracting them; (4) set realistic goals; and (5) make plans

independently. Dr. Cohen also opined that Watkins had

“moderate” limitations in his ability to: (1) remember locations and

work‑like procedures; (2) understand and remember detailed

instructions; (3) carry out detailed instructions; (4) maintain

attention and concentration for extended periods; (5) perform

activities within a schedule and consistently be punctual; (6) sustain

an ordinary routine without supervision; (7) work with or near

others without being distracted; (8) ask simple questions or request

assistance; and (9) respond appropriately to workplace changes.

Dr. Cohen estimated that Watkins would be absent from work

more than three times per month as a result of his symptoms.

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Dr. Carroll continued to treat Watkins throughout 2014 and

2015. 8 On February 9, 2015, Dr. Carroll prepared a narrative report

in support of Watkins’s request for reconsideration of the initial

denial of his application for DIB benefits. Dr. Carroll stated that,

over the previous five years, Watkins “experienced severe

depressive episodes, agitation, extreme isolation, suicidal thoughts

and paralyzing anxiety attacks at varying intervals.” She indicated

that “[h]is most severe episodes” were triggered when he faced

“interpersonal stressors,” such as when his brother almost died due

to a medical emergency. She maintained that Watkins struggled

to perform ADLs due to his symptoms, and he felt “incapable of

returning to the work place.” Dr. Carroll agreed that Watkins

“[was] not capable of maintaining a 40 hour work week” due to his

poor coping skills. She noted that “[a]lthough he [had] been able

to function well at most visits with [her], he [had] spiraled and

struggled significantly over the past year. . . . finding it harder and

8 Although the record contains no notes from office visits between May 2014

and July 2015, Dr. Carroll’s lengthy medication record for Watkins contains

entries during that time period. Therefore, it is clear that she treated Watkins

during that time frame. Office visit notes are available for July through

October 2015. As with prior visits, Watkins frequently expressed concerns

with his medications during these visits, and Dr. Carroll adjusted his

medications in response. Additionally, as with prior visits, Dr. Carroll’s

observations of Watkins during these periods indicated appropriate grooming;

fair to good eye contact; a cooperative attitude; logical and organized thought

processes; alert and fully oriented; retardation of motor function; an abnormal

mood and affect; clear and coherent but occasionally slow and soft speech; fair

or poor judgment; no suicidal ideation; low risk of self-harm or violence

against others; and impaired memory and concentration.

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16 Opinion of the Court 23-12765

harder to cope with life.” She maintained that his “prognosis for

recovery [was] poor to guarded.”

In May 2015, Dr. Carroll completed another medical source

(“mental impairment questionnaire”) statement. She checked

many of the same signs and symptoms that supported Watkins’s

diagnoses as she did in the November 2012 medical source

statement. However, this time, she also indicated that Watkins

had “suicidal ideation,” “past suicide attempt(s),” “impulsive or

damaging behavior,” “intense and unstable interpersonal

relationships,” and agitated psychomotor function (but not

retardation of psychomotor function). She further indicated that

Watkins was markedly limited in many areas of function.

Watkins also received treatment from the VA intermittently

between 2012 and 2017. In notes from the VA regarding a visit on

December 21, 2012, Watkins reported that his anxiety and

depression were “getting better but [he] tend[ed] to have issues

making new friends.” He stated he recently visited his brother and

“felt as good as he[’]s ever felt.” He also “felt improvement with

his Xanax and he [was] now able to engage in conversations with

people and [had] [a] []positive point of view on life.” Progress notes

from a June 2013 visit indicated that Watkins stated “he [had] been

doing well” and that he was following an exercise regimen to help

work out his anxiety.

On June 6, 2014, Watkins saw a doctor at the VA for another

matter and reported increased depression since the death of his

father. He reported experiencing depressed mood, loss of interest,

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23-12765 Opinion of the Court 17

and decreased appetite. He also stated that he was not currently

taking any anti-depressants and did not want to take any because

of the side effects; instead, he took only Xanax. Five days later,

Watkins went to the VA hospital emergency room due to heart

palpitations following two panic attacks and his consumption of

two “airline bottles” of alcohol. He also reported experiencing

severe depression. At a follow-up the next day, Watkins reported

struggling with recent bouts of depression and daily panic attacks

due to the passing of his father and his brother’s health issues. He

also reported feeling overwhelmed with paperwork related to his

DIB application and experiencing sleep issues. He denied any

suicidal ideation or history of suicide attempts. He also denied

experiencing “decreased concentration, interest, energy, appetite,

feelings of guilt, helplessness, or hopelessness.” According to the

notes, Watkins appeared “well groomed” with good eye contact;

“no psychomotor retardation/agitation”; alert and fully oriented;

normal speech pattern; logical and organized thought process;

“grossly intact” recent and long-term memory; and adequate

attention and concentration.

On April 13, 2015, Watkins requested admission to a

treatment program at the VA, reporting that he was not doing well,

was “dangerously close to drinking again,” and that he was

experiencing worsening anxiety and depression symptoms due to

ineffective medications and his brother’s recent hospitalization.

He denied any suicidal ideation or attempts. As with prior visits,

Watkins’s mental status exam indicated that he appeared well-

groomed, made good eye contact, was cooperative, and had

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18 Opinion of the Court 23-12765

organized thoughts. His mood was congruent, and he was

properly oriented to time and place. “All memory functions

appear[ed] to be grossly intact.” It was recommended that he

participate in an outpatient substance abuse recovery program.9

In a September 2015 psychiatric evaluation by the VA,

Watkins reported experiencing depressed mood, loss of interest,

sleep issues, feelings of worthlessness and guilt, and problems with

concentration. He also reported some suicidal ideation stating that

in June 2015 he had thoughts of “driving [his] motorcycle out to

the desert and letting [himself] starve to death,” but he denied any

current ideation and denied any history of attempts. His mental

status exam indicated a depressed, anxious mood with congruent

affect; clear, normal speech; good grooming; good eye contact;

alertness; and no psychomotor retardation or agitation.

In November 2015, Watkins reported feeling hopeless and

depressed, but denied any suicidal ideation. He indicated he was

“ok,” but that he needed more therapy, assistance with substance

abuse, and housing. He reported a life-long history of depression

problems that “last days and weeks on end,” during which he

experienced “sadness, anhedonia, weight gain, sleep

disturbance . . . , low energy, feelings of worthlessness and guilt,

and concentration problems.” However, his recent symptoms had

not been “as intense” as in the past. He “adamantly denie[d] any

suicidal . . . ideation[].” His mental status exam indicated “no acute

9 It does not appear that Watkins participated in the program.

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distress”; good eye contact; a pleasant, well-groomed appearance;

normal psychomotor function; normal speech; “grossly intact”

memory and concentration; no suicidal ideation; and constricted

affect and depressed mood.10

At a follow-up on January 22, 2016, Watkins reported a

stable mood and mild improvement in his depression and anxiety

symptoms due to new medications, but he expressed concerns

about stressors surrounding the sale of his trailer and his future

housing options given his lack of financial resources. And at a visit

on February 8, 2016, Watkins reported that he was adjusting his

medications as part of his treatment program, and he stated he had

a stable mood and “denie[d] any significant depressive symptoms

at [that] time.” His mental status exam indicated “no acute

distress”; good eye contact; a pleasant, well-groomed appearance;

normal psychomotor function; normal speech; “grossly intact”

memory and concentration; no suicidal ideation; and constricted

affect and self-reported “okay” mood.

In the spring of 2017, Watkins entered a residential

rehabilitation program through the VA. He was diagnosed with

benzodiazepine dependence and provided with many forms of

treatment and counseling. He was discharged to a transitional

housing program in October 2017, at which time he indicated the

10 In December 2015, Watkins reached out to the VA seeking help with

obtaining employment.

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20 Opinion of the Court 23-12765

program had helped him develop and implement coping skills,

“work on managing anxiety,” and maintain sobriety.

VA records from multiple encounters in August, September,

October, November, and December 2017 indicate that Watkins

was stable, participating in the VA’s therapy programs, seeking

advice on obtaining employment, and applying for jobs. He denied

any current struggles with alcohol or suicidal ideation. He

reported overall improvement in his moods but continued anxiety

and panic attacks, and at times still reported depression, loss of

interest, racing thoughts, and insomnia.

Lastly, Watkins presented evidence that in October 2017 he

complained of neck pain, which had been worsening over the prior

four months. An MRI study revealed “mild lower cervical

levocurvature,” disc degeneration at certain vertebrae in the

cervical spine, “moderate/severe bilateral foraminal stenosis,” and

“[m]oderate canal narrowing.” Despite these results, a physical

exam revealed full active and passive range of motion of the

cervical spine and shoulders without pain with full motor and grip

strength. As a result, conservative treatment was recommended

including applying a hot/cold wrap to the neck, a chiropractic

consultation, physical therapy, and use of a muscle relaxer.

D. The ALJ’s Decision

Employing the SSA’s five-step sequential evaluation process

for determining whether a claimant is disabled, the ALJ denied

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23-12765 Opinion of the Court 21

Watkins’s application.11 At steps one and two, the ALJ found that

Watkins had not engaged in substantial gainful activity since March

24, 2012, and was severely impaired by his “moderate generalized

anxiety disorder, major depression, and long history of alcohol

dependence.” The ALJ also found that, beginning in August 2017,

Watkins was severely impaired by “cervical spine degenerative

changes,” which the ALJ determined resulted in certain exertional

and physical limitations. At step three, the ALJ determined that

Watkins’s impairments alone or in combination did not meet or

medically equal any listed impairment under the relevant Social

Security regulations. At step four, the ALJ determined that:

from [Watkins’s] alleged onset date of March 24, 2012

through July 31, 2017, the claimant had the residual

functional capacity to perform a full range of work at

all exertional levels, but with the following non-

exertional limitations: was limited to work that is

simple as defined in the Dictionary of Occupational

Titles (DOT) as specific vocational preparation (SVP)

levels 1 and 2, routine and repetitive tasks in a work

environment free of fast-paced production

11

The determination process involves the following five steps: (1) whether the

claimant is engaged in substantial gainful activity; (2) if not, whether he “has a

severe impairment or combination of impairments”; (3) if so, whether that

impairment, or combination of impairments, meets or equals the medical

listings in the regulations; (4) if not, whether the claimant can perform his past

relevant work in light of his residual functional capacity (“RFC”); and (5) if

not, whether, based on the claimant’s age, education, and work experience,

he can perform other work found in the national economy. Winschel

v. Comm’r of Soc. Sec., 631 F.3d 1176, 1178 (11th Cir. 2011).

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22 Opinion of the Court 23-12765

requirements which is defined as constant activity

with work tasks performed sequentially in rapid

succession; involving only simple work-related

decisions; with few, if any, workplace changes; and no

more than occasional interaction with the general

public, co-workers and supervisors. In addition,

beginning on August 1, 2017 through the date last

insured of December 31, 2017, the claimant had the

residual functional capacity to perform medium work

as defined in 20 CFR 404.1567(c), except he was

unable to climb long vertical ladders, scaffolds or

ropes, or at open unprotected heights; he had to avoid

extreme heat temperatures and operation of

dangerous machinery; and was unable to work where

alcoholic beverages were available. He was further

limited to understanding and carrying out simple,

routine, repetitive unskilled tasks, with the ability to

make basic decisions and adjust to simple changes in

the work setting, and limited to only occasional

interaction with others, including the general public,

coworkers, and supervisors.12

In reaching the determination that Watkins had the RFC to

perform medium-level work that is defined as simple, the ALJ

12 The physical limitations noted by the ALJ beginning August 1, 2017 through

December 31, 2017, appear to relate to Watkins’s neck injury. Watkins does

not challenge the physical limitations found as part of the RFC determination.

Instead, he focuses solely on the mental health aspects of his claim and how

those health issues render him totally disabled. Accordingly, this opinion

focuses on the mental health aspects as well.

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23-12765 Opinion of the Court 23

found that Watkins’s medically determinable impairments could

reasonably be expected to cause his alleged symptoms (problems

with sleeping, concentration, focus, memory, excessive worry,

fear, depression, and impairments in his ability to care for himself,

among others), but that his “statements concerning the intensity,

persistence and limiting effects of [his] symptoms [were] not

entirely consistent with the medical evidence and other evidence

in the record.” In support of this conclusion, the ALJ summarized

the medical records from the various providers at length, noting

that, despite Watkins’s long history of anxiety, depression, and

alcohol dependence, his mental status exams during these visits

indicated that he was alert and lucid with good eye contact;

cooperative; had a well-groomed appearance; had normal speech

activity and was coherent with logical, goal-directed thought

processes; he did not have suicidal ideations; he was able to interact

appropriately with doctors and staff; and had at most a mild

impairment in concentration and memory with fair judgment and

insight. The ALJ explained that these findings were consistent with

his observations of Watkins’s demeanor and appearance at the

hearing as well.

The ALJ further noted that the records “failed to reveal any

formal thought or psychotic disorder, and [Watkins’s] treatment

consisted primarily of medication management along with

counseling, with reports of improvement in his symptomatology.”

Thus, the ALJ concluded that Watkins’s “alleged symptoms and

restrictions are exaggerated, as they are not supported by the

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24 Opinion of the Court 23-12765

medical signs and/or diagnostic study findings to account for the

total level of disability alleged.”

The ALJ gave “little weight” to Dr. Carroll’s opinions

because, in addition to her progress notes being “mostly illegible,”

her opinions were “unsupported and inconsistent with the overall

medical evidence of record.” For instance, the ALJ pointed out that

Dr. Carroll documented in treatment notes that Watkins had no

suicidal ideations, had an appropriate appearance, was cooperative,

had logical thought processes, and clear and coherent speech, but

then she stated the opposite in the formal questionnaires and

evaluations. Furthermore, her opinions were contrary to

evaluations by persons at the VA and Dr. Cohen—all of which

indicated that Watkins was functioning at a much higher level than

opined by Dr. Carroll.

As for Dr. Cohen, the ALJ gave his opinion “only partial

weight” because Dr. Cohen evaluated Watkins on only one

occasion and the evaluation did not “reveal objective findings

supporting [the noted] signs of suicidal ideations, difficulty thinking

or concentrating, generalized or persistent anxiety, anhedonia,

appetite disturbances, decreased energy, psychomotor retardation,

social withdrawal, or insomnia.” Similarly, Dr. Cohen’s statement

that Watkins had “bouts of depression that last[ed] for several

weeks” was unsupported by objective medical findings because he

evaluated Watkins only once, which necessarily meant that this

statement was based on Watkins’s subjective statements. Finally,

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23-12765 Opinion of the Court 25

the ALJ noted that Dr. Cohen’s opinion was also inconsistent with

the records from the VA.

Next, the ALJ determined that Watkins could not perform

past relevant work. But, at step five, the ALJ determined that

Watkins could perform other jobs in the national economy such as

a hand packager, a warehouse worker, or a cook’s helper.

Consequently, the ALJ found that Watkins was not disabled.

Watkins requested discretionary review of the ALJ’s

decision by the SSA’s Appeals Council, which was denied.

E. District Court Proceedings

In April 2022, Watkins filed a complaint in the district court,

arguing, in relevant part, that (1) the ALJ failed to properly weigh

the medical opinion evidence of Dr. Carroll and Dr. Cohen; (2) the

ALJ erred in determining Watkins’s RFC; and (3) the ALJ failed to

properly evaluate Watkins’s subjective testimony. A magistrate

judge issued a report and recommendation (“R&R”)

recommending that the Commissioner’s decision be affirmed. The

district court adopted the R&R over Watkins’s objections and

affirmed the denial of benefits. Watkins timely appealed.

II. Standard of Review

“When, as in this case, the ALJ denies benefits and the

[Appeals Council] denies review, we review the ALJ’s decision as

the Commissioner’s final decision.” Doughty v. Apfel, 245 F.3d 1274,

1278 (11th Cir. 2001). “Our review of the Commissioner’s decision

is limited to whether substantial evidence supports the decision

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26 Opinion of the Court 23-12765

and whether the correct legal standards were applied.” Walker v.

Soc. Sec. Admin., Comm’r, 987 F.3d 1333, 1338 (11th Cir. 2021).

“[W]e review de novo the legal principles upon which the

Commissioner’s decision is based,” and “we review the resulting

decision only to determine whether it is supported by substantial

evidence.” Moore v. Barnhart, 405 F.3d 1208, 1211 (11th Cir. 2005).

“Substantial evidence is less than a preponderance, and thus we

must affirm an ALJ’s decision even in cases where a greater portion

of the record seems to weigh against it.” Simon v. Comm’r, Soc. Sec.

Admin., 7 F.4th 1094, 1103 (11th Cir. 2021) (quotation omitted); see

also Crawford v. Comm’r of Soc. Sec., 363 F.3d 1155, 1158 (11th Cir.

2004) (“Substantial evidence is more than a scintilla and is such

relevant evidence as a reasonable person would accept as adequate

to support a conclusion.” (quotations omitted)).

“We may not decide the facts anew, reweigh the evidence,

or substitute our judgment for that of the [Commissioner].”

Winschel, 631 F.3d at 1178 (alteration in original) (quotation

omitted). “Even if the evidence preponderates against the

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

supported by substantial evidence.” Crawford, 363 F.3d at 1158–59

(quotation omitted).

III. Discussion

Watkins argues that (A) the ALJ failed to properly weigh the

medical opinion evidence; (B) the ALJ failed to properly evaluate

his subjective statements; and (C) the ALJ failed to properly

determine his mental RFC. We address each argument in turn.

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23-12765 Opinion of the Court 27

A. Weighing of the medical opinion evidence

Watkins argues that the ALJ failed to properly weigh the

medical opinion evidence of Dr. Carroll and Dr. Cohen.

Specifically, he asserts that the ALJ erred in failing to give Dr.

Carroll’s opinions controlling weight as his treating physician and

in only giving partial weight to Dr. Cohen’s opinion. We disagree.

To obtain social security disability benefits, the applicant

must prove he is disabled. See Barnhart v. Thomas, 540 U.S. 20, 21

(2003). “Disability” is defined as 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.” 42 U.S.C.

§ 423(d)(1)(A). The impairment must be “of such severity that [the

person] is not only unable to do his previous work but cannot,

considering his age, education, and work experience, engage in any

other kind of substantial gainful work which exists in the national

economy . . . .” Id. § 423(d)(2)(A).

When making the disability assessment, the ALJ must give

special attention to the medical opinions, particularly those of the

treating physician. SSA regulations in force at the time Watkins

filed his application required an ALJ to give “controlling weight” to

a treating physician’s opinion if it was “well-supported by medically

acceptable clinical and laboratory diagnostic techniques” and “not

inconsistent with the other substantial evidence in [the] case

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28 Opinion of the Court 23-12765

record.” 20 C.F.R. § 404.1527(c)(2). 13 Good cause to discount a

treating physician’s opinion exists “when the: (1) treating

physician’s opinion was not bolstered by the evidence; (2) evidence

supported a contrary finding; or (3) treating physician’s opinion

was conclusory or inconsistent with the doctor’s own medical

records.” Winschel, 631 F.3d at 1179 (quotation omitted).

The Social Security regulations provide that an ALJ should

consider many factors when weighing a medical opinion, including

(1) the examining relationship between the physician and the

applicant; (2) the treatment relationship, including the length and

nature of the treatment; (3) whether the medical opinion is

supported by the relevant evidence; (4) whether the opinion is

consistent with the record as a whole; and (5) the specialization of

the physician rendering the opinion. See 20 C.F.R. § 404.1527(c).

“[T]he ALJ must state with particularity the weight given to

different medical opinions and the reasons therefor.” Winschel, 631

F.3d at 1179. There are no magic words to state with particularity

the weight given to the medical opinions. Rather, the ALJ must

“state with at least some measure of clarity the grounds for his

decision.” Id. (quotation omitted).

Importantly, “[a]n administrative law judge is not required

to agree with the statement of a medical source that a claimant is

13 In 2017, the SSA amended its regulations and removed the “controlling

weight” requirement for all applications filed after March 27, 2017. See 20

C.F.R. §§ 404.1527, 404.1520c. Because Watkins filed his DIB application in

2012, the former regulations apply.

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23-12765 Opinion of the Court 29

‘disabled’ or ‘unable to work.’” Walker, 987 F.3d at 1338 (quoting

20 C.F.R. § 404.1527(d)(1)). Rather, whether a claimant is disabled

within the meaning of the statute is a question reserved for the ALJ

acting on behalf of the Commissioner of Social Security. Id. at

1338–39.

i. Dr. Carroll’s Opinions

Here, the ALJ articulated a specific justification for giving

Dr. Carroll’s opinions less than controlling weight—her opinions

were not consistent with her own treatment notes or the other

medical evidence in the record. For instance, Dr. Carroll noted in

her narrative statements 14 and the medical questionnaires that

Watkins suffered from suicidal thoughts—and, on at least one

evaluation, Dr. Carroll also documented a history of suicide

attempts—and agitated psychomotor function, but her treatment

notes did not support these assessments. Rather, on each of

Watkins’s visits, Dr. Carroll marked that Watkins did not suffer

from suicidal ideation and he had no history of suicide attempts,

and she also documented that he had either unremarkable

psychomotor function or retardation of psychomotor function (not

14 The Commissioner argues that Dr. Carroll’s narrative statements in 2012

and 2014 that summarize Watkins’s treatment history and his subjective

reports of symptoms and limitations are not “medical opinions” within the

meaning of the Social Security regulations and therefore are not entitled to

any special weight. Because the ALJ treated Dr. Carroll’s narrative statements

as medical opinions, however, we do so as well. In considering these

statements, we express no opinion on whether or not such narrative

statements qualify as medical opinions for purposes of the regulations.

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30 Opinion of the Court 23-12765

agitated). The other medical evidence in the record from other

treating physicians also reflect findings of no suicidal ideation 15 or

attempts and unremarkable psychomotor function or retardation

of psychomotor function.16 Thus, her assessments to the contrary

in her medical opinions and source statements were not supported

by the record.

Furthermore, while Dr. Carroll opined that Watkins’s

symptoms moderately to markedly limited his ability to maintain

socially appropriate behavior and adhere to basic standards of

neatness, her treatment notes (as well as the notes from other

providers) routinely reflected that Watkins had an appropriate

appearance, maintained good eye contact, and was cooperative

15 In his brief on appeal, Watkins points to one instance of suicidal ideation in

the VA records from September 2015, which he contends supports Dr.

Carroll’s statements regarding suicidal ideation. Specifically, in September

2015, the VA noted that Watkins reported that in June 2015, he thought about

“driving [his] motorcycle out to the desert and letting [himself] starve to death.

Denies any current intentions or plans.” The problem for Watkins is that Dr.

Carroll completed the respective narrative statements and questionnaires

noting suicidal ideation prior to June 2015. And Watkins does not allege any

other instances of suicidal ideation nor point to any instances in the record

prior to June 2015 in which he reported such thoughts to Dr. Carroll or anyone

else. Thus, the record does not support Dr. Carroll’s statements.

16 Watkins asserts that the record supports findings of psychomotor

abnormalities, which supports Dr. Carroll’s statements. The problem for

Watkins is that the records Watkins cites document retardation of

psychomotor function (and in one instance “restless” psychomotor function),

not agitation. Moreover, Dr. Carroll also documented unremarkable

psychomotor function a majority of the time. Thus, Dr. Carroll’s statements

otherwise are not supported by the record.

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23-12765 Opinion of the Court 31

and able to communicate and interact appropriately with doctors

and staff. Similarly, while Dr. Carroll opined that Watkins had

impaired memory function, her treatment notes routinely

indicated that Watkins had organized and logical thought

processes. Additionally, other providers documented no issues

with Watkins’s short- or long-term memory.

The ALJ also explained that Dr. Carroll’s narrative

statements were due less weight because they “appeared to be

based on the claimant’s subjective self-reports and not based on her

own observations” or objective medical evidence. The ALJ’s

assessment is supported by the record and constitutes good cause

for giving Dr. Carroll’s opinions less weight. 17 See Crawford, 363

F.3d at 1159 (affirming ALJ’s discounting of treating physician’s

opinion where it was “based primarily on [the applicant’s]

subjective complaints of pain”).

Accordingly, the ALJ’s stated reason for giving Dr. Carroll’s

medical opinions less than controlling weight—because her

opinions were inconsistent with her treatment notes and the

17 For instance, in the September 2012 statement—after having treated

Watkins only twice—Dr. Carroll stated that “[Watkins] sees his employment

as a large source of his stress”; “[h]e continues to have times where it is difficult

to get out of bed, bathe, perform ADLs and function outside of his home”;

“[h]e has encountered considerable social and family strain due to his

symptoms”; and “[h]e feels incapable of returning to the work place.” These

statements were clearly based on Watkins’s subjective self-reporting and were

not supported by Dr. Carroll’s treatment notes from her two visits with

Watkins.

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32 Opinion of the Court 23-12765

record as a whole—was adequate, is supported by the record, and

amounts to good cause. Raper v. Comm’r of Soc. Sec., 89 F.4th 1261,

1275 (11th Cir. 2024); Winschel, 631 F.3d at 1179.

Watkins resists this conclusion by arguing that the ALJ

fundamentally misunderstood mental disorders, which are known

to cause fluctuating symptoms, and “cherry-pick[ed]” normal

findings from the record to support his determination that Watkins

was not disabled. We disagree. Although the ALJ may not have

referred to every piece of evidence in his decision, it is clear that

the ALJ did much more than “cherry-pick[]” favorable evidence in

the record to support his decision. Rather, the ALJ’s opinion

contained a detailed, lengthy discussion of the evidentiary record

and demonstrated that he clearly considered all of the evidence

submitted and Watkins’s condition as a whole, which is all that is

required. See Dyer v. Barnhart, 395 F.3d 1206, 1211 (11th Cir. 2005)

(explaining that “there is no rigid requirement that the ALJ

specifically refer to every piece of evidence in his decision” but

must include enough “to enable [the district court or this Court] to

conclude that [the ALJ] considered [the claimant’s] medical

condition as a whole” (first and second alteration in original));

White v. Comm’r of Soc. Sec., 572 F.3d 272, 284 (6th Cir. 2009)

(rejecting an accusation of “cherry picking” by the ALJ and

explaining that “the same process can be described more neutrally

as weighing the evidence”).

Watkins also points out that Dr. Carroll’s treatment notes

supported many of her other findings—that Watkins had decreased

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23-12765 Opinion of the Court 33

memory; weight change; sleep issues; depressed or anxious mood;

loss of interest; feelings of guilt/worthlessness; social

withdrawal/isolation; constricted affect; difficulty concentrating;

decreased energy; and abnormalities of psychomotor function—

which he argues demonstrates that her opinions were consistent

with the overall record and should have been given controlling

weight. 18 However, the ALJ was entitled to find that the

inconsistencies discussed previously rendered Dr. Carroll’s

opinions deserving of less weight, despite the consistency of some

of her other findings in the record. Furthermore, even if the

evidence Watkins cites could support his position, we cannot

reweigh or reevaluate the evidence or otherwise substitute our

judgment for that of the agency. Winschel, 631 F.3d at 1178; see also

Buckwalter v. Acting Comm’r of Soc. Sec., 5 F.4th 1315, 1320 (11th Cir.

18 Watkins argues that all of the relevant factors in 20 C.F.R. § 404.1527(c) that

an ALJ is supposed to consider in weighing medical opinion evidence—

namely, (1) the examining relationship between the physician and the

applicant; (2) the treatment relationship, including the length and nature of

the treatment; (3) whether the medical opinion is supported by the relevant

evidence; (4) whether the opinion is consistent with the record as a whole; and

(5) the specialization of the physician rendering the opinion—weigh in favor

of crediting Dr. Carroll’s opinions. We disagree. Although the nature and

length of their treatment relationship and Dr. Carroll’s specialization may

have weighed in favor of crediting her opinions, the ALJ explained that Dr.

Carroll’s opinions were inconsistent with her own findings from mental status

exams during Watkins’s visits as well as the records from the VA providers

who were treating Watkins during the same time period. These

inconsistencies weighed against crediting Dr. Carroll’s opinions. Regardless,

nothing in the regulations requires the ALJ to explicitly discuss each of the

factors in his decision. See generally 20 C.F.R. § 416.927.

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34 Opinion of the Court 23-12765

2021) (“We will affirm the Commissioner’s decision if it is

supported by substantial evidence, even if the preponderance of

the evidence weighs against it.”). Rather, as we explained

previously, “[o]ur review of the Commissioner’s decision is limited

to whether substantial evidence supports the decision and whether

the correct legal standards were applied.” Walker, 987 F.3d at 1338.

In other words, for purposes of this claim, we are limited to

reviewing whether the ALJ articulated a specific justification for

giving Dr. Carroll’s opinions less than controlling weight and

determining whether that justification constituted good cause.

When, as here, those requirements are met, “[w]e will not second

guess the ALJ about the weight the treating physician’s opinion

deserves.” Hunter v. Soc. Sec. Admin., Comm’r, 808 F.3d 818, 823

(11th Cir. 2015).

ii. Dr. Cohen’s Opinion

The ALJ articulated a specific justification for giving Dr.

Cohen’s opinion only “partial weight”—Dr. Cohen evaluated

Watkins on only one occasion and his opinion concerning the

severity of Watkins’s symptoms and the resulting limitations from

said symptoms was not consistent with the treatment notes from

the evaluation. 19 For instance, as the ALJ pointed out, other than

finding that Watkins had a depressed mood with a congruent

affect, marked by tearfulness, Dr. Cohen otherwise found that

19 Unlike treating physicians, the opinions of non-treating physicians, such as

doctors who examine a claimant only once, are “not entitled to great weight.”

Crawford, 363 F.3d at 1160.

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Watkins’s mental status was essentially normal during the

evaluation. Watkins was punctual to his appointment, he drove

himself, he was well-groomed, he made good eye contact, and he

behaved appropriately. Watkins’s speech was also normal and his

thought process was goal-directed. He also exhibited an average

attention span and concentration with the tests administered. Dr.

Cohen observed that Watkins’s memory was below average, but

not impaired. He also noted that Watkins denied suicidal ideation.

Yet, Dr. Cohen indicated more severe symptoms in his medical

opinion, indicating that Watkins exhibited symptoms of suicidal

ideation, retardation of psychomotor function, and difficulty

thinking or concentrating. As the ALJ explained, these findings

were not supported by Dr. Cohen’s treatment notes from the one-

time evaluation or the treatment notes from the numerous

providers at the VA. 20 Therefore, the ALJ provided good cause for

20 The ALJ also noted that Dr. Cohen’s statement that Watkins had “bouts of

depression that last[ed] for several weeks” was unsupported because he was a

non-treating physician who only met with Watkins one time (and therefore

this statement was clearly based on Watkins’s subjective complaints and not

Dr. Cohen’s objective medical observations). Watkins points to this finding

and argues that the ALJ committed reversible error because, according to

Watkins, case law establishes that a medical opinion cannot be rejected simply

because it is retrospective in nature as long as it is otherwise supported by

objective medical evidence in the record. See Boyd v. Heckler, 704 F.2d 1207,

1212 (11th Cir. 1983) (holding that the fact that a physician did not examine

the claimant until after the expiration of the claimant’s insured status did “not

render [the] medical opinion incompetent or irrelevant to the decision in this

case”), superseded by statute on other grounds, 98 Stat. 1794 (1984). However, the

ALJ did not partially reject Dr. Cohen’s opinion because it was retrospective

in nature—indeed, Dr. Cohen examined Watkins well before his insured

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36 Opinion of the Court 23-12765

giving Dr. Cohen’s opinion only partial weight, and we will not

second guess that judgment.21 Winschel, 631 F.3d at 1179; Hunter,

808 F.3d at 823.

B. Weighing of Watkins’s Subjective Statements

Watkins argues that the ALJ failed to apply the correct legal

standards in evaluating Watkins’s subjective statements

concerning his symptoms, and that the ALJ’s evaluation of his

symptoms was not supported by substantial evidence. We

disagree.

A claimant’s subjective complaints standing alone are

insufficient to establish a disability, but such statements are

considered as part of the overall disability determination. 20 C.F.R.

§ 404.1529(a) (explaining that the agency considers the claimant’s

status expired and offered an opinion about Watkins’s current disabled state.

Rather, the ALJ partially rejected Dr. Cohen’s opinion because it was not

supported by the objective medical evidence in Dr. Cohen’s treatment notes

and the record as a whole.

21 Watkins asserts that meaningful review of his claim is precluded because it

is impossible to tell from the record which portions of Dr. Cohen’s report the

ALJ rejected, and which portions he credited. His argument is unpersuasive.

To enable us to conduct a meaningful review, an ALJ must “state with

sufficient clarity the legal rules being applied and the weight accorded the

evidence considered.” Ryan v. Heckler, 762 F.2d 939, 941 (11th Cir. 1985). The

ALJ did exactly that here. He explained the legal rules he applied and the

weight he gave Dr. Cohen’s opinion. He also explained in detail the portions

of the opinion that he found not supported by, or otherwise inconsistent with,

the objective medical evidence. Accordingly, the ALJ’s explanation was

sufficient to enable meaningful review.

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23-12765 Opinion of the Court 37

subjective statements about symptoms in making the disability

determination, but “statements about [the claimant’s] pain or other

symptoms will not alone establish that [he is] disabled”).

Specifically, in determining the extent to which the claimant’s

symptoms affect his capacity to work, the ALJ will consider the

claimant’s subjective statements “about the intensity, persistence,

and limiting effects of [his] symptoms” and evaluate the

“statements in relation to the objective medical evidence and other

evidence.” Id. § 404.1529(c)(4). In doing so, the ALJ

will consider whether there are any inconsistencies in

the evidence and the extent to which there are any

conflicts between [the claimant’s] statements and the

rest of the evidence, including [the claimant’s]

history, the signs and laboratory findings, and

statements by . . . medical sources or other persons

about how [the claimant’s] symptoms affect [the

claimant].

Id. When evaluating the extent to which a claimant’s symptoms

affect his capacity to perform basic work activities, the ALJ

considers the claimant’s daily activities; the location, duration,

frequency, and intensity of the symptoms; precipitating and

aggravating factors; the type, dosage, effectiveness, and side effects

of medication taken to alleviate symptoms; treatment other than

medication; any measures used to relieve symptoms; other factors

concerning functional limitations and restrictions due to

symptoms; and inconsistencies between the evidence and

subjective statements. Id. § 404.1529(c)(3), (4).

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38 Opinion of the Court 23-12765

After considering a claimant’s subjective complaints, the ALJ

may reject them as not credible, which will be reviewed for

substantial evidence. Marbury v. Sullivan, 957 F.2d 837, 839 (11th

Cir. 1992). The ALJ must explicitly and adequately articulate his

reasons if he discredits subjective testimony. Id. “Failure to

articulate the reasons for discrediting subjective testimony

requires, as a matter of law, that the testimony be accepted as true.”

Wilson v. Barnhart, 284 F.3d 1219, 1225 (11th Cir. 2002). On the

other hand, “[a] clearly articulated credibility finding with

substantial supporting evidence in the record will not be disturbed

by a reviewing court.” Foote v. Chater, 67 F.3d 1553, 1562 (11th Cir.

1995).

Here, the ALJ set forth the applicable legal standards for

evaluating subjective testimony and then applied those standards

to Watkins’s subjective complaints. The ALJ explained that

Watkins alleged that his symptoms caused him “problems with

concentration, focus, and memory, sleeping problems, isolation,

crying spells, and worries. He also reported having fear,

depression, problems with personal care, and needing reminders.”

The ALJ found that Watkins’s mental impairments could be

reasonably expected to cause the alleged symptoms, but that

Watkins’s “statements concerning the intensity, persistence and

limiting effects of these symptoms [were] not entirely consistent

with the medical evidence and other evidence in the record . . . .”

Accordingly, the ALJ concluded that Watkins’s “allegations of a

total inability to work are overstated and unsupported by the

medical evidence of record as a whole.”

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23-12765 Opinion of the Court 39

Substantial evidence supports the ALJ’s decision. Watkins

subjectively reported a total inability to work due to his symptoms

and significant limitations in multiple areas of functioning. As the

ALJ noted, however, while Dr. Carroll, Dr. Cohen, and the VA

practitioners noted a depressed mood and constricted affect,

Watkins was otherwise generally alert, well-groomed, exhibited

fair eye contact, spoke clearly and coherently, and exhibited logical

and organized thought processes with only occasionally impaired

memory. Watkins routinely attended doctor’s appointments

alone, was punctual and cooperative, was able to communicate

effectively, and was compliant with doctor’s instructions.

Furthermore, Watkins did not require hospitalization for

psychiatric treatment and his treatment mainly consisted of

medication management and counseling. Moreover, the ALJ

noted that Watkins exhibited a cooperative and responsive

demeanor at the second hearing. Specifically, the ALJ noted that,

during the hearing,

[Watkins] was alert and aware of what went on at the

hearing, and he paid good attention, was well

focused, understood the questions and gave relevant

and very detailed answers. His manner of relating,

social skills and overall presentation seemed

adequate; his speech was clear, intelligible, goal

directed, logical, coherent, and he kept his trend of

thought.

Thus, based on the objective medical evidence and other evidence

in the record, the ALJ concluded that Watkins’s “alleged symptoms

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40 Opinion of the Court 23-12765

and restrictions [were] exaggerated.” 22 Accordingly, the ALJ

articulated sufficient, adequate reasons for discounting Watkins’s

subjective complaints, and these reasons were supported by

substantial evidence.

Watkins argues that the ALJ improperly rejected his

subjective complaints in violation of the social security regulations

solely because the objective medical evidence did not substantiate

his statements. See 20 C.F.R. § 404.1529(c)(2) (“[W]e will not reject

your statements about the intensity and persistence of your pain or

other symptoms or about the effect your symptoms have on your

ability to work solely because the available objective medical

evidence does not substantiate your statements.”). This

contention is belied by the record. The ALJ’s decision reflects that

he considered, in addition to the objective medical evidence, the

specifics of Watkins’s testimony at the hearing, Watkins’s

statements concerning his daily activities and abilities, and the

opinions of Watkins’s doctors. The ALJ then properly evaluated

Watkins’s subjective statements in relation to the evidence in the

record and found that Watkins’s subjective complaints were

exaggerated and inconsistent with the evidence of record. Id.

§ 404.1529(c)(4).

22 Watkins asserts that “the ALJ erred in suggesting that mental status findings

cannot support a finding of disability for Plaintiff.” But the ALJ made no such

suggestion. Rather, as discussed above, the ALJ merely concluded that

Watkins’s subjective complaints concerning his symptoms and the resulting

limitations of said symptoms on his ability to work were exaggerated and not

supported by the record as a whole.

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23-12765 Opinion of the Court 41

Next, Watkins argues that the ALJ erred in considering his

treatment records and his purported improvement with said

treatments because psychiatric symptoms are known to “wax and

wane,” and there was no evidence that Watkins had improved

enough that he would be able to sustain work. Watkins’s

argument is unpersuasive. We have held that “[t]he ALJ may

consider the level or frequency of treatment when evaluating the

severity of a claimant’s condition,” which is what the ALJ did here.

Henry v. Comm’r of Soc. Sec., 802 F.3d 1264, 1267 (11th Cir. 2015); see

also Wolfe v. Chater, 86 F.3d 1072, 1078 (11th Cir. 1996) (sustaining

an ALJ’s finding concerning the conservative nature of the

treatment for purposes of discrediting the claimant’s statements

concerning the severity and limitations of his disability).

Accordingly, there was no error.

Finally, Watkins argues that the ALJ engaged in improper

“sit and squirm” jurisprudence by relying on his observations of

Watkins’s appearance and demeanor at the hearing as part of the

disability determination. We disagree. In Freeman v. Schweiker, we

condemned “sit and squirm” jurisprudence where “an ALJ who is

not a medical expert . . . subjectively arrive[s] at an index of traits

which he expects the claimant to manifest at the hearing,” and “[i]f

the claimant falls short of the index, the claim is denied.” 681 F.2d

727, 731 (11th Cir. 1982). However, post-Freeman, we clarified that

Freeman stands only for the proposition that “an ALJ must not

impose his observations in lieu of a consideration of the medical

evidence presented.” Norris v. Heckler, 760 F.2d 1154, 1158 (11th

Cir. 1985). We further explained that the ALJ is permitted to

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42 Opinion of the Court 23-12765

observe and consider the claimant’s demeanor and appearance as

part of the credibility determination. Id. Unlike “sit and squirm”

jurisprudence, the ALJ here did not ignore medical evidence and

impose his own subjective standards; rather, he appropriately

considered Watkins’s demeanor and appearance at the hearing as

one of many factors in assessing Watkins’s credibility. Thus, there

was no error.

In sum, the evaluation of Watkins’s subjective symptoms

and credibility belonged to the ALJ, and the ALJ supported that

finding with substantial evidence. Accordingly, we will not disturb

that finding. Foote, 67 F.3d at 1562.

C. The RFC Determination

Watkins argues that the ALJ failed to properly determine his

mental RFC under Social Security Rule (“SSR”) 96-8p. The

gravamen of his argument is that the RFC assessment is not

supported by substantial evidence because there was no medical

opinion evidence supporting the RFC determination or

demonstrating that Watkins could perform full-time work on a

sustained basis. We disagree.

A claimant’s RFC represents the most that an individual can

do despite his limitations or restrictions. See 20 C.F.R.

§ 404.1545(a)(1). Under SSR 96-8p, the “RFC assessment must first

identify the [claimant’s] functional limitations or restrictions and

assess his . . . work-related abilities on a function-by-function basis

. . . . Only after that may RFC be expressed in terms of the

exertional levels of work, sedentary, light, medium, heavy, and

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23-12765 Opinion of the Court 43

very heavy.” SSR 96-8p, 61 Fed. Reg. 34,474, 34,475 (July 2, 1996).

The rule further provides that “[t]he RFC assessment must include

a narrative discussion describing how the evidence supports each

conclusion, citing specific medical facts . . . and nonmedical

evidence.” Id. at 34478.

There is no requirement in SSR 96-8p that there be medical

opinion evidence from a physician that matches the RFC

determination. Rather, the regulations make clear that the task of

determining a claimant’s RFC and ability to work is solely within

the province of the ALJ, not the claimant’s doctors. See 20 C.F.R.

§ 404.1546(c) (“If your case is at the administrative law judge

hearing level or at the Appeals Council review level, the

administrative law judge or the administrative appeals judge at the

Appeals Council (when the Appeals Council makes a decision) is

responsible for assessing your residual functional capacity.”); see

also id. § 404.1527(d)(2) (“Although we consider opinions from

medical sources on issues such as . . . your residual functional

capacity (see §§ 404.1545 and 404.1546), . . . the final responsibility

for deciding these issues is reserved to the Commissioner.”). And

the ALJ is directed to assess the claimant’s RFC “based on all the

relevant evidence in [the] record.” Id. § 404.1545(a)(1); see also SSR

96-8p, 61 Fed. Reg. at 34,477 (providing that the RFC

determination “must be based on all of the relevant evidence in the

case record,” including, as relevant here, the claimant’s medical

history; medical source statements; “[t]he effects of treatment”;

“[r]eports of daily activities”; “[l]ay evidence”; “[r]ecorded

observations”; and “[e]ffects of symptoms”).

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44 Opinion of the Court 23-12765

Watkins nevertheless argues that “the absence of any

[medical] opinion support for the RFC determination is concerning

[when, as here,] there is no other specific medical or non-medical

basis for the ALJ’s decision.” In support, he argues that his case is

similar to that in Pupo v. Commissioner, Social Security Administration,

17 F.4th 1054 (11th Cir. 2021). In Pupo, we held that the RFC

determination that the claimant could perform medium level

work—which required frequent lifting and carrying of objections

weighing up to 25 pounds—was not supported by substantial

evidence because the ALJ failed to consider the claimant’s

significant urinary incontinence and the effect of that impairment

on her physical abilities when making the RFC determination. Id.

at 1064–65. We also noted that because the ALJ only assigned

“minimal weight” to the treating physician’s opinion about Pupo’s

physical abilities and limitations, and the record did not contain any

opinion about the effect of Pupo’s incontinence on her physical

abilities and limitations, the ALJ was left “without any medical

opinion on that issue at all.” Id. at 1064–65. We noted that while

medical opinion is not always necessary, in Pupo’s case, the

absence of such evidence was

particularly concerning . . . because the ALJ also failed

to conduct a function-by-function assessment of

Pupo’s physical abilities and to explain how the non-

opinion evidence in the record—both medical and

nonmedical—supported his finding that Pupo could

perform all the physical requirements for medium

work, including lifting as much as fifty pounds at a

time and frequently lifting up to twenty-five pounds.

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23-12765 Opinion of the Court 45

Id. at 1065.

Watkins’s case is distinguishable from Pupo. Here, unlike in

Pupo, the ALJ’s decision makes clear that he considered all of

Watkins’s impairments, as well as Watkins’s medical records from

Palm Partners, LLC, Dr. Carroll, Dr. Cohen, and the VA, Watkins’s

subjective statements, and the ALJ’s own observation of Watkins

at the hearing. The ALJ also explained how he resolved

discrepancies in Dr. Carroll’s and Dr. Cohen’s medical opinions, as

well as between Watkins’s subjective complaints and the record as

a whole. The ALJ then found that the evidence did not support the

level of disability that Watkins claimed as a result of his stated

impairments, and that Watkins had the RFC to perform simple

work of a medium exertional level. Thus, the ALJ complied with

SSR 96-8p by first considering Watkins’s functional limitations and

restrictions and then expressing Watkins’s residual functional

limitations in terms of exertional and non-exertional levels.

Moreover, the ALJ’s conclusion that Watkins retained the mental

RFC to perform “simple, routine, repetitive unskilled tasks”

involving only simple decisions with limited workplace changes

and only occasional interaction with coworkers, supervisors, and

the public, is supported by substantial evidence. For instance, the

record demonstrated that Watkins was able to follow his various

doctors’ instructions, perform routine tasks, and was able to

adequately communicate with a variety of healthcare professionals

while interacting appropriately. He was also able to complete the

cognitive tests administered by Dr. Cohen. This evidence is just

some of the evidence in the voluminous records that supports the

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46 Opinion of the Court 23-12765

ALJ’s mental RFC finding. In sum, we conclude that the ALJ

adequately analyzed and described Watkins’s RFC, and Watkins is

not entitled to relief on this claim.

IV. Conclusion

For the above reasons, we affirm.

AFFIRMED.

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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