Opinion

SMITH v. O'MALLEY

Court
District Court, M.D. North Carolina
Filed
Sep 30, 2025
Cited by
0 cases
Authority
More cited than 39.6%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

SHANNON 6., )

)

Plaintiff, )

)

v. ) 1:24CV299

)

FRANK BISIGNANO, )

Commissioner of Social Security,! )

)

Defendant. )

MEMORANDUM OPINION AND ORDER

OF UNITED STATES MAGISTRATE JUDGE

Plaintiff Shannon S. (“Plaintiff”) brought this action pursuant to Sections 205(g) and

1631(c)(3) of the Social Security Act (the “Act”), as amended (42 U.S.C. §§ 405(g) and

1383(c)(3)), to obtain judicial review of a final decision of the Commissioner of Social Security

denying her claims for Disability Insurance Benefits (“DIB”) and Supplemental Security

Income (“SSI”) under, respectively, Titles I and XVI of the Act. The parties have filed cross-

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

I. PROCEDURAL HISTORY

Plaintiff protectively filed applications for DIB and SSI on September 13, 2021, alleging

a disability onset date of April 7, 2020 in both applications. (Tr. at 17, 239-49.)? Her

applications were denied initially (Tr. at 69-92, 121-30) and upon reconsideration (T'r. at 93-

' The United States Senate confirmed Frank Bisignano as the Commissioner of Social Security on May 6, 2025,

and he took the oath of office on May 7, 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure,

Frank Bisignano should be substituted as the Defendant in this suit. Neither the Court nor the parties need

take any further action to continue this suit by reason of the last sentence of section 205(¢) of the Social Security

Act, 42 US.C. § 405(g).

2 Transcript citations refer to the Sealed Administrative Record [Doc. #5].

120, 143-58). Thereafter, Plaintiff requested an administrative heating de novo before an

Administrative Law Judge (“ALJ”). (Tr. at 159-90.) On May 17, 2023, Plaintiff, along with

her attorney, attended the subsequent telephone hearing, at which both Plaintiff and an

impartial vocational expert testified. (Tr. at 17, 43-68.) Following this hearing, the ALJ

concluded that Plaintiff was not disabled within the meaning of the Act (Tr. at 35-36), and on

Februaty 7, 2024, the Appeals Council denied Plaintiffs request for review of the decision,

thereby making the ALJ’s conclusion the Commissionet’s final decision for purposes of

judicial review (Tr. at 1-6).

LEGAL STANDARD

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

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

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

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

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

ALJ 1f they are supported by substantial evidence and were reached through application of the

correct legal standard.” Hancock v. Astrue, 667 F.3d 470, 472 (4th Cir. 2012) (internal

quotation omitted).

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

as adequate to support a conclusion.” Hunter v. Sullivan, 993 F.2d 31, 34 (4th Cir. 1992)

(quoting Richardson v. Perales, 402 U.S. 389, 390 (1971)). “It consists of more than a mere

scintilla of evidence but may be somewhat less than a preponderance.” Mastro v. Apfel, 270

F.3d 171, 176 (4th Cir. 2001) G@nternal citations and quotation marks omitted). “If there is

evidence to justify a refusal to direct a verdict were the case before a jury, then there is

substantial evidence.” Hunter, 993 F.2d at 34 (internal quotation marks omitted).

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

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

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

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

responsibility for that decision falls on the ALJ.” Hancock, 667 F.3d at 472. “The issue before

[the reviewing court], therefore, is not whether [the claimant] is disabled, but whether the

AL)’s finding that [the claimant] is not disabled is supported by substantial evidence and was

reached based upon a cortect application of the relevant law.” Craig v. Chater, 76 F.3d 585,

589 (4th Cir. 1996).

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

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

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

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

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

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

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

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

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

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

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

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

in all aspects relevant here, substantively identical.” Craig, 76 F.3d at 589 1.1.

“The Commissioner uses a ftve-step process to evaluate disability claims.” Hancock,

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

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

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

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

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

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

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

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

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

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

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

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

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

but falters at step three, 1.e., “[1]f a clatmant’s tmpairment is not sufficiently severe to equal or

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

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

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

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

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

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

omitted)). The RFC includes both a “physical exertional or strength limitation” that assesses the claimant’s

“ability to do sedentary, light, medium, heavy, or very heavy work,” as well as “nonexertional limitations

(mental, sensory, or skin impairments).” Hall, 658 F.2d at 265. “RFC is to be determined by the ALJ only after

[the ALJ] considers all relevant evidence of a clatmant’s impairments and any related symptoms (¢.g., pain).”

Hines, 453 F.3d at 562-63.

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

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

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

a significant number of jobs exist which the claimant could perform, despite the claimant’s

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

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

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

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

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

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

III. DISCUSSION

In the present case, the AL] found that Plaintiff had not engaged in substantial gainful

activity since her alleged onset date of April 7, 2020. The ALJ therefore concluded that

Plaintiff met her burden at step one of the sequential evaluation process. (Tr. at 19.) At step

two, the ALJ further determined that Plaintiff suffered from the following severe impairments:

diabetes mellitus with neuropathy; obesity; hypertension; restless leg syndrome;

lumbar facet arthropathy; post-traumatic stress disorder (PTSD); anxiety;

depression; and attention deficit hyperactivity disorder (ADHD)[.]

(Tr. at 20.) The AL] found at step three that none of the impairments identified at step two,

individually or in combination, met or equaled a disability listing. (Tr. at 20-25.) The AL]

therefore assessed Plaintiff's RFC and determined that she could perform light work with the

following, additional limitations:

[Plaintiff is limited to] occasional climbing of ramps and stairs; occasionally

kneeling, crawling, crouching, and stooping; occasional balancing with standing

and walking on even terrain; [and] no climbing of ropes, ladders, and scaffolds[.]

[She] should avoid concentrated exposure to hazards such as unprotected

heights and moving machinery; [can] occasional|ly] use . .. foot pedals; and [can]

frequent[ly handle and finger]. [Plaintiff] can understand, remember, and carty

out simple instructions[. T]hey can be detailed but not complex; the work

should be simple, routine, and repetitive in nature; she can focus on tasks for

two houts at a time; she can learn by demonstration in 30 days or less; [Plaintiff

can have] no contact with the public [and] occasional contact with coworkers

and supervisors; [she is further limited to] routine changes in the work

environment.

(Tr. at 25.) Based on this determination and the testimony of a vocational expert, the ALJ

determined at step four of the analysis that Plaintiffs past relevant work as an accounting clerk

exceeded her RFC. (Tr. at 34.) However, the ALJ found at step five that, given Plaintiffs age,

education, work experience, RFC, and the testimony of the vocational expert as to these

factors, she could perform other jobs available in significant numbers in the national economy.

(Tr. at 34-35.) Therefore, the ALJ concluded that Plaintiff was not disabled under the Act.

(Tr. at 35-36.)

Plaintiff now contends that, in formulating the RFC, the ALJ erred “in assessing the

supportability and consistency of consultative examiner (CE) Philip Hattfield’s opinions,

preventing substantial evidence from supporting the ALJ’s decision.” (PL’s Br. [Doc. #9] at

2.) Dr. Hatfield is a Licensed Clinical Psychologist and addressed Plaintiffs mental

impaitments in two separate evaluations: the first in December 2021, and the second tn July

2022. (Tr. at 652-57, 857-62.) Notably, Plaintiff does not challenge any of the AL]’s

determinations or analysis as to Plaintiffs physical impairments, including her diabetes,

neuropathy, or back pain. Therefore, the Court considers here only the challenge raised by

Plaintiff, specifically regarding the AL]’s treatment of Dr. Hatfield’s opinion regarding

Plaintiffs mental impairments.

Under the applicable regulations for claims filed on or after March 27, 2017,

[The ALJ] will not defer or give any specific evidentiary weight, including

controlling weight, to any medical opinion(s) or prior administrative medical

finding(s), including those from your medical sources. When a medical source

ptovides one or more medical opinions or prior administrative medical findings,

we will consider those medical opinions or prior administrative medical findings

from that medical source together using the factors listed in paragraphs (c)(1)

through (c)(5) of this section, as appropriate. .. .

(1) Supportability. The more relevant the objective medical evidence and

supporting explanations presented by a medical source ate to support his

ot her medical opinion(s) or prior administrative medical finding(s), the

more persuasive the medical opinions or prior administrative medical

finding(s) will be.

(2) Consistency. The more consistent a medical opinion(s) orf prior

administrative medical finding(s) is with the evidence from other medical

soutces and nonmedical sources in the claim, the more persuasive the

medical opinion(s) or prior administrative medical finding(s) will be.

(3) Relationship with the claimant .. . [which includes]: @) Length of the

treatment relationship. . . (1) Frequency of examinations. ... (it) Purpose

of the treatment relationship. . . . (tv) Extent of the treatment relationship.

. . [and] (v) Examining relationship. ...

(4) Specialization. The medical opinion or prior administrative medical finding

of a medical source who has received advanced education and training to

become a specialist may be more persuasive about medical issues related to

his or her atea of specialty than the medical opinion or prior administrative

medical finding of a medical source who is not a specialist in the relevant

atea of specialty.

(5) Other factors. ... This includes, but is not limited to, evidence showing a

medical soutce has familiarity with the other evidence in the claim or an

understanding of our disability program’s policies and evidentiary

requirements. ...

20 C.F.R. § 404.1520c(a) and (c). The regulations also require decision-makers to “articulate

in... [their] decision[s] how persuasive [they] find all of the medical opinions .. . in [a

claimant’s] case record.” Id. § 404.1520c(b). Although all of the factors listed in paragraphs

(c)(1) through (c)(5) of § 404.1520c should be considered in making this determination, the

regulations specifically provide that the most important factors when evaluating the

petsuasiveness of an opinion are the first two: supportability and consistency. Id.

§ 404.1520c(a), 404.1520c(c)(1)-(c)(2).. Therefore, paragraph (b) further provides that ALJs

“will explain how [they] considered the supportability and consistency factors for a medical

soutce’s medical opinions .. . in [the] determination or decision.” Id. § 404.1520c(b)(2).

Express discussion of the remaining factors is not required. See id. § 404.1520c(b)(3); see also

Revisions to Rules Regarding the Evaluation of Medical Evidence, 82 Fed. Reg. 5844-01 (Jan.

18, 2017) (explaining that the final rules in § 404.1520c “requite our [AL]s] to consider all of

the factors” in § 404.1520c(c) “for all medical opinions and, at a minimum, to articulate how

they considered the supportability and consistency factors” in determining persuasiveness). In

other words, § 404.1520c(b)—(c) defines the “minimum level of articulation” an AL} must

include in her written decision “to provide sufficient rationale for a reviewing .. .

coutt.” Revisions to Rules Regarding the Evaluation of Medical Evidence, 82 Fed. Reg. 5844-

01; see also Drumgold v. Comm’r of Soc. Sec., 144 F.4th 596, 605 (4th Cir. 2025) (“The AL]

only needs to say, for each “medical source” in the record, how each of the fitst two factors

applies—that is, whether that source’s conclusions ate supportable by medical evidence and

consistent with the rest of the record.”).

Here, the ALJ described and discussed CE Hatfield’s examination findings and

opinions at great length. In particular, the AL] explained as follows:

[Plaintiff] was seen for psychiatric consultative examinations in December of

2021 and July of 2022, both performed by Philip Hatfield, PhD. While within

these evaluations [Plaintiff] reported that she did very little by way of personal

cate ot household maintenance due to depression-induced fatigue and lack of

motivation, these reports are rather inconsistent with her own previous

statements made within her September 2021 function report. This report shows

[Plaintiff] to have made no significant complaints regarding memoty,

concentration, understanding, following instructions, or getting along with

others|,] and shows generally intact mental functional abilities and activities.

[Plaintiff's] own treatment notes also fail to show evidence as to any significantly

worsening mental health symptomology. At any rate, the psychiatric

consultative examinations were grossly consistent with each other, indicative of

generally stable mental functioning. [Plaintiff] presented with a depressed and

tearful affect and exhibited somewhat impaired immediate recall, attention, and

concentration. She exhibited some slow processing speed on calculations and

was further noted to have been functioning in the overall low range of

intellectual ability. However, [Plaintiff] further presented as fully orientated

with normal speech and exhibited normal thought processes and logical,

coherent, and goal directed thought content. Recent and remote memory were

generally intact, and she further exhibited adequate judgment and insight. In

both evaluations, the examiner diagnosed major depressive disorder, recurrent,

severe, without psychotic features.

(Tr. at 31) G@nternal citations omitted).

Later in her decision, when discussing the medical opinion evidence, the AL]

considered Dr. Hatfield’s two medical statements in even greater detail:

In connection with his December 2021 psychological consultative examination,

Dr. Hatfield opined [that Plaintiff] appeared to be generally capable of

understanding, retaining, and following simple, concrete instructions without

difficulty; likely to have mild difficulties utilizing sustained attention to perform

routine, repetitive tasks; likely to have significant difficulties forming effective

working relationships with co-workers, supervisors, and the general public; and

likely to have significant difficulties tolerating the usual stress and pressures of

a competitive workplace, including managing changes in the routine[,] but

capable of asking for assistance when needed.

In connection with his later July 2022 examination, Dr. Hatfield opined the

same with the exception as to his indicating [that Plaintiff was] likely to have

moderate difficulties utilizing sustained attention to perform routine, repetitive

tasks and likely to have moderate to episodically significant difficulties forming

effective working relationships with co-workers, supervisors, and the general

public. He further opined that [Plaintiff's] ability to complete a normal workday

without disruption ftom psychologically based symptoms and to perform at a

consistent pace without an unteasonable number of and length of rest periods

significantly impaired. [Plaintiffs] ability to be aware of normal hazards and

take appropriate precautions including asking for assistance when needed [was]

unimpaited[,] and [her] ability to travel to unfamiliar places and/or use public

transportation [was also] unimpaired. These opinions are found somewhat

persuasive to the extent that they are also suggestive of no more than moderate

mental functional limitations with the exception as to Dr. Hatfield’s opining

significant impairment in [Plaintiffs] ability to perform at a consistent pace

without an unreasonable number of and length of rest periods. As above, Dr.

Hatfield’s own clinical exam findings were not all that unchanged from each

other and fail to support this need for such greater restriction[. ‘The increased

restrictions] appeat|] to have been based more on [Plaintiffs] subjective reports

rather than clinical findings. Moreover, as detailed above, [Plaintiff] has

recetved nothing more than conservative medication management with no

evidence as to significant psychological complaints[. Her treatment notes]

instead note grossly normal mental status exam findings that are consistent with

the [RFC] findings herein. Additionally, [Plaintiffs] own reported activities of

daily living are consistent with the same.

(T'r. at 32-33) (internal citations omitted).

Plaintiff now contends that “substantial evidence does not support the AL]’s decision

because in considering the supportability and consistency of Dr. Hatfield’s opinions, the AL]

failed to explain [her] reasoning and failed to resolve inconsistencies in the record due to the

inaccurate summary of the evidence.” (PI.’s Br. at 15.) In terms of supportability,

Plaintiff argues that the ALJ failed to sufficiently explain “why ‘stable’ findings seven months

apart indicate[| less severe mental health limitations than Dr. Hatfield opined.” (PI.’s Br. at

16.) As for the consistency factor, Plaintiff contends that, in finding Plaintiffs description of

her symptoms and activities at her consultative examinations inconsistent with those described

in her September 2021 Function Report, the ALJ’s description “does not accurately reflect the

contents of the report.” (PI.’s Br. at 18.) These contentions fail to provide a basis for remand.

As set out above, the AL] provided myriad reasons for her assessment of Dr. Hatfield’s

opinions. Notably, the AL] did not, as Plaintiff contends, determine that “stable” findings

undermined Dr. Hatfield’s opinions regarding the overall severity of Plaintiffs mental

10

condition. Rather, the AL] found that the increased restrictions posited in Dr. Hatfield’s 2022

opinion were unsupported by his “own clinical exam findings,” which “were not all that

unchanged from each other and fail[ed] to support [a] need for such greater restriction” a mere

seven months after his initial, less restrictive opinion. (Ir. at 33 (emphasis added).) The ALJ

also emphasized, both here and elsewhere in her decision, that, throughout the time period at

issue, Plaintiff “has received nothing more than conservative medication management”

through her primary cate provider “with no evidence as to significant psychological

complaints.” (T'r. at 33; see also Tr. at 30, 31.) Plaintiffs treatment notes “instead note grossly

normal mental status exam findings” (Ir. at 33) with no “objective evidence as to any

slenificant worsening in [her] overall condition” over time (Tr. at 30, 31).

Nevertheless, the ALJ acknowledged that, in the course of her examinations by Dt.

Hatfield, Plaintiff exhibited “a depressed and tearful affect,” “somewhat impaired immediate

recall, attention, and concentration,’ “slow processing speed on calculations,’ and

“functioning in the overall low range of intellectual ability.” (Tr. at 31.) As set out above, Dr.

Hatfield concluded that Plaintiff was:

(1) capable of understanding, retaining, and following simple, concrete

instructions without difficulty;

(2) likely to have mild difficulties utilizing sustained attention to perform

routine, repetitive tasks;

(3) likely to have significant difficulties forming effective working relationships

with co-workers, supervisors, and the general public; and

(4) likely to have significant difficulties tolerating the usual stress and pressures

of a competitive workplace, including managing changes in the routine[.]

11

(See Tr. at 32.) The AL] likewise found, with specific reference to the consultative examination

as well as other evidence in the record, that Plaintiff had

(1) “moderate limitation” in “understanding, remembering, or applying information”

(Tr. at 23) but “can understand, remember, and catty out simple instructions”

(Tr. at 25, 31);

(2) “moderate limitation” in “concentrating, persisting, or maintain pace” (Tr. at 24)

so limited to work that is “simple, routine, and repetitive in nature” and can only

“focus on tasks for two hours at a time” (Tr. at 25, 31);

(3) “moderate limitations” in interacting with others with “some difficulty relating

and working with supervisors, co-workers, and the public” (Tr. at 23), such that

she should have “no contact with the public” and only “occasional contact with

coworkers and supervisors” (Tr. at 25, 31); and

(4) “moderate limitation” in managing herself and managing stress, but “reported

handling changes in routine “okay” and was limited to only “routine change in

the work environment” (Tr. at 24-25, 31).

These same limitations are likewise reflected in the opinion of the state agency psychologist,

Dr. Brooks, who considered Dr. Hatfield’s December 2021 evaluation and concluded that

Plaintiff could “sustain attention and concentration for short periods of time but would have

difficulty maintaining for extended periods of time,” and was “able to interact with others in

a setting that doesn’t require intensive interpersonal demands,” and ultimately was “capable

of performing [simple, routine, repetitive tasks] in a low stress setting with limited social

interaction.” (Tr. at 77-78.) Thus, the AL]’s RFC determination addressed all of Dr. Hatfield’s

2021 findings and largely adopted the findings of the State agency psychological consultants,

which, due to Plaintiffs lack of other psychiatric treatment, were based in large part on Dr.

Hatfield’s opinions.

12

Notably, the ALJ found Dr. Hatfield’s opinions persuasive “to the extent that they are

also suggestive of no more than moderate mental functional limitations” (Tr. at 33), but the

ALJ did not find persuasive the increased limitations in Dr. Hatfield’s July 2022 evaluation,

which opined that Plaintiffs ability to complete a normal workday without disruption from

psychologically based symptoms and to perform at a consistent pace without an unreasonable

number of and length of rest periods was significantly impaired. (Tr. at 33, 656.) The AL]

found that this aspect of the July 2022 evaluation was not consistent with Dr. Hatfield’s prior

evaluation, even though Plaintiffs condition was stable and the examinations were largely

unchanged. (Tr. at 33, 31.) The AL) further found that this aspect of the July 2022 evaluation

was not supported by the medical evidence, which reflected only conservative medical

management, no evidence of significant psychological complaints, and grossly normal mental

status exam findings. (Tr. at 33.) Thus, the AL]’s decision clearly explains the assessment and

weighing of Dr. Hatfield’s opinions, including specifically as to consistency and supportability,

and there is substantial evidence in the record to support those conclusions.

As a final matter, Plaintiff challenges the ALJ’s characterization of Plaintiffs Adult

Function Report, but these contentions fail to alter the above conclusions and provide no

basis for remand. Specifically, the ALJ noted that, in the September 2021 Adult Function

Report, Plaintiff “made no significant complaints regarding memory, concentration,

understanding, following instructions, or getting along with others[,] and shows generally

intact mental functional abilities and activities.” (Tr. at 31.) A review of the Function Report

itself reveals that, when asked to indicate “any of the following items that your illnesses,

injuties, or conditions affect,’ Plaintiff did not place a check mark next to memory,

13

concentration, understanding, following instructions, or getting along with others. (Tr. at 296.)

In the short answer questions that followed, she noted that she could only pay attention “30-

45 minutes” and that she was good at following written and spoken instructions. (Tt. at 296.)

Thus, the AL]’s statement was not a mistepresentation of the information in the Function

Report. Moreover, as set out above, the AL] adopted mental RFC findings consistent with

Dr. Hatfield’s clinical findings and related conclusions in the December 2021 evaluation, and

consistent with the opinions of the state agency psychologist, which included limitations

relating to concentration, following instructions, and social limitations. ‘Thus, the AL]’s

finding that Plaintiffs statements to Dr. Hatfield were “rather inconsistent” with her Function

Report appears to play little, if any, role in the AL]’s weighing of Dr. Hatfield’s opinions. ‘The

inconsistency noted in Plaintiff's statements instead appears to relate primarily to the AL]’s

determination that Plaintiffs “statements concerning the intensity, persistence[,] and limiting

effects of [her] symptoms [were] not entirely consistent with the medical evidence and other

evidence in the record,” a finding which, notably, Plaintiff does not contest. (See Tr. at 26.)5

In sum, the AL] sufficiently explained her analysis of Dr. Hatfield’s opinions, and in

doing so, the ALJ not only resolved inconsistencies between the two opinions themselves, but

adequately explained the role of the supportability and inconsistency factors in her decision,

> The Court also notes that, while not material to the analysis of Dr. Hatfield’s opinions, the AL] reasonably

observed that Plaintiffs reports of her daily activities in her Function Report in September 2021 differed from

her report to Dr. Hatfield in December 2021. For example, in her September 2021 Function Report, Plaintiff

reported that she would get up and prepare breakfast, attempt chores, lay down for 2 hours, attempt to work

on chores, test again for 2 hours, and have dinner with her family. (Tr. at 292.) She also reported preparing

her own meals daily, cleaning, ironing, doing laundry, watering flowers indoors and outdoors, going outside at

least once a day, and shopping for groceries and household items. (Tr. at 293-94.) In contrast, three months

later tn December 2021, she reported to Dr. Hatfield that “[n]ine times out of ten” she just goes back to bed

and sleeps six or seven hours all day, does not clean or do anything else, does not put clothes on or shower,

and relies on her daughter to cook for her and shop for her. (Tr. at 858-59.) It was not a misrepresentation of

the evidence for the ALJ to conclude that those reports were “rather inconsistent.” (Tr. at 31.)

14

as tequited by 20 C.F.R. § 404.1520c(b)(2). Moreover, with respect to the specific contentions

raised by Plaintiff, the Court does not find any material misstatement or mistepresentation of

the evidence that would warrant remand.

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

disability is AFFIRMED, that Plaintiffs Dispositive Brief [Doc. #9] is DENIED, that

Defendant’s Dispositive Brief [Doc. #12] is GRANTED, and that this action is DISMISSED

with prejudice.

This, the 30% day of September, 2025.

nited States Magistrate Judge

15

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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