Ealy v. Kijakazi (CONSENT)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

ALEX EALY, )

)

Plaintiff )

)

v. ) NO. 1:20-cv-00025-SRW

)

KILOLO KIJAKAZI,1 )

Acting Commissioner of )

Social Security, )

)

Defendant. )

MEMORANDUM OPINION AND ORDER

I. INTRODUCTION

Plaintiff Alex Ealy commenced this action on January 10, 2020, pursuant to 42 U.S.C. §

405(g), seeking judicial review of a final adverse decision of the Commissioner of Social Security

(“the Commissioner”) denying his application for Disability Insurance Benefits (“DIB”) under

Title II of the Social Security Act (“the Act”). See Doc. 1. Plaintiff filed his application on August

16, 2016, alleging that he became disabled on December 31, 2014. (Tr. 15, 46-47, 58).2 Plaintiff’s

application was denied at the initial administrative level. (Tr. 15, 46-58). Plaintiff then requested

and received a hearing before an Administrative Law Judge (“ALJ”), in which Plaintiff entered

into an agreement and appeared with a non-attorney representative. (Tr. 15, 28-45, 65-66, 68). On

December 5, 2018, the ALJ issued an unfavorable decision. (Tr. 15-24). Plaintiff appealed that

decision, and the Appeals Council denied Plaintiff’s request for review on November 15, 2019.

1Kilolo Kijakazi became acting Commissioner for the Social Security Administration on July 9,

2021, and is automatically substituted as a party pursuant to Fed. R. Civ. P. 25(d).

2 References to the transcript pages are denoted by the abbreviation “Tr.”

(Tr. 1-5). The ALJ’s decision therefore became the final decision of the Commissioner. Chester v.

Bowen, 792 F.2d 129, 131 (11th Cir. 1986).

In the instant appeal, Plaintiff asks the court to reverse the Commissioner’s decision and

remand this cause to the Commissioner for a new hearing and further consideration under sentence

four of 42 U.S.C. § 405(g). See Doc. 1; Doc. 11, at 15. The case is ripe for review pursuant to 42

U.S.C. § 405(g). Under 28 U.S.C. § 636(c) and Rule 73 of the Federal Rules of Civil Procedure,

the parties have consented to the conduct of all proceedings and entry of a final judgment by the

undersigned United States Magistrate Judge. See Docs. 9, 10. Based on its review of the parties’

submissions, the relevant law, and the record as a whole, the court concludes that the

Commissioner’s decision is due to be AFFIRMED.

II. STANDARD OF REVIEW AND REGULATORY FRAMEWORK3

The court’s review of the Commissioner’s decision is a limited one. This court must find

the Commissioner’s decision conclusive if it is supported by substantial evidence. 42 U.S.C. §

405(g); Graham v. Apfel, 129 F.3d 1420, 1422 (11th Cir. 1997). “Substantial evidence is more

than a scintilla,” but less than a preponderance, “and is such relevant evidence as a reasonable

person would accept as adequate to support a conclusion.” Crawford v. Comm’r of Soc. Sec., 363

F.3d 1155, 1158 (11th Cir. 2004) (“Even if the evidence preponderates against the Commissioner’s

findings, [a reviewing court] must affirm if the decision reached is supported by substantial

evidence”) (citations omitted). The court will reverse the Commissioner’s decision if it is

convinced that the decision was not supported by substantial evidence or that the proper legal

standards were not applied. Carnes v. Sullivan, 936 F.2d 1215, 1218 (11th Cir. 1991). However,

3 For purposes of this appeal, the court uses the Code of Federal Regulations (“C.F.R.”) that was

effective until March 27, 2017, because that was the version of the C.F.R. in effect at the time

Plaintiff filed a claim for benefits. See 20 C.F.R. Part 404 and 416, effective March 27, 2017; see

also https://www.ssa.gov/disability/professionals/bluebook/revisions-rules.html Q.3.

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reversal is not warranted even if the court itself would have reached a result contrary to that of the

factfinder. See Edwards v. Sullivan, 937 F.2d 580, 584 n.3 (11th Cir. 1991). A reviewing court

may not look only to those parts of the record which support the decision of the ALJ, but instead

must view the record in its entirety and take account of evidence which detracts from the evidence

relied on by the ALJ. Hillsman v. Bowen, 804 F.2d 1179, 1180 (11th Cir. 1986).

[The court must] . . . scrutinize the record in its entirety to determine the

reasonableness of the [Commissioner’s] . . . factual findings. . . . No similar

presumption of validity attaches to the [Commissioner’s] legal conclusions,

including determination of the proper standards to be applied in evaluating claims.

Walker v. Bowen, 826 F.2d 996, 999 (11th Cir. 1987) (citations omitted and bracketed material

added).

To qualify for disability benefits and establish his or her entitlement for a period of

disability, a person must be unable 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).4 To make this determination, the Commissioner employs a five-step,

sequential evaluation process. See 20 C.F.R. § 404.1520.

(1) Is the person presently unemployed?

(2) Is the person’s impairment severe?

(3) Does the person’s impairment meet or equal one of the specific impairments set

forth in 20 C.F.R. Pt. 404, Subpt. P, App. 1 [the Listing of Impairments]?

(4) Is the person unable to perform his or her former occupation?

(5) Is the person unable to perform any other work within the economy?

4 A “physical or mental impairment” is one resulting from anatomical, physiological, or

psychological abnormalities that are demonstrable by medically acceptable clinical and laboratory

diagnostic techniques. 42 U.S.C. § 423(d)(3).

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An affirmative answer to any of the above questions leads either to the next

question, or, on steps three and five, to a finding of disability. A negative answer

to any question, other than step three, leads to a determination of “not disabled.”

McDaniel v. Bowen, 800 F.2d 1026, 1030 (11th Cir. 1986).5

The burden of proof rests on the claimant through step four. See Phillips v. Barnhart, 357

F.3d 1232, 1237-39 (11th Cir. 2004); see also Ellison v. Barnhart, 355 F.3d 1272, 1276 (11th Cir.

2003). A claimant establishes a prima facie case of qualifying disability once he or she has carried

the burden of proof from step one through step four. At step five, the burden shifts to the

Commissioner, who must then show that there are a significant number of jobs in the national

economy that the claimant can perform. Id.

To evaluate the fourth and fifth steps, the ALJ must determine the claimant’s Residual

Functional Capacity (“RFC”). Phillips, 357 F.3d at 1238-39. The RFC is what the claimant is still

able to do despite the claimant’s impairments and is based on all relevant medical and other

evidence. Id. It may contain both exertional and nonexertional limitations. Id. at 1242-43. At the

fifth step, the ALJ considers the claimant’s RFC, age, education, and work experience to determine

if there are jobs available in the national economy that the claimant can perform. Id. at 1239. To

do this, the ALJ can use either the Medical Vocational Guidelines (“grids”), see 20 C.F.R. pt. 404

subpt. P, app. 2, or call a vocational expert (“VE”). Id. at 1239-40.

The grids allow the ALJ to consider factors such as age, confinement to sedentary or light

work, inability to speak English, educational deficiencies, and lack of job experience. Each factor

can independently limit the number of jobs realistically available to an individual. Id. at 1240.

5 McDaniel is a supplemental security income (SSI) case. The same sequence applies to disability

insurance benefits brought under Title II of the Social Security Act. Supplemental security income

cases arising under Title XVI of the Social Security Act are appropriately cited as authority in Title

II cases, and vice versa. See, e.g., Ware v. Schweiker, 651 F.2d 408, 412 (5th Cir. 1981); Smith v.

Comm’r of Soc. Sec., 486 F. App’x 874, 876 n.* (11th Cir. 2012) (“The definition of disability and

the test used to determine whether a person has a disability is the same for claims seeking disability

insurance benefits or supplemental security income.”).

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Combinations of these factors yield a statutorily-required finding of “Disabled” or “Not Disabled.”

Id.

III. ADMINISTRATIVE PROCEEDINGS

Plaintiff was 33 years old at the time he filed his application for benefits and 35 years old

at the time of the ALJ’s decision. (Tr. 22, 24, 30). Plaintiff is a resident of Dothan, Alabama, and

lives with his mother in a house. (Tr. 30, 36, 194). Plaintiff has at least a high school education.

(Tr. 22, 167).

Plaintiff claims that his ability to work is limited by posttraumatic stress disorder

(“PTSD”), eczema, gastroesophageal reflux disease (“GERD”), and flat feet. (Tr. 46). Plaintiff

previously worked as an industrial truck mechanic. (Tr. 22, 33-34, 167).

Following the administrative hearing, at which Plaintiff and a vocational expert testified,

and employing the five-step process, the ALJ made the following enumerated findings:

1. The claimant meets the insured status requirements of the Social Security

Act through December 31, 2020.

2. The claimant has not engaged in substantial gainful activity since December

31, 2014, the alleged onset date (20 CFR 404.1571 et seq.).

3. The claimant has the following severe impairments: posttraumatic stress

disorder (“PTSD”) and history of substance abuse (20 CFR 404.1520(c)).

4. The claimant does not have an impairment or combination of impairments

that meets or medically equals the severity of one of the listed impairments

in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525

and 404.1526).

5. The claimant has the residual functional capacity to perform a full range of

work at all exertional levels but with the following nonexertional

limitations: the claimant is able to perform simple unskilled work with

occasional interaction with the public and changes in the work setting

introduced gradually.

6. The claimant is unable to perform any past relevant work (20 CFR

404.1565).

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7. The claimant was born on April 8, 1983 and was 31 years old, which is

defined as a younger individual age 18-49, on the alleged disability onset

date (20 CFR 404.1563).

8. The claimant has at least a high school education and is able to communicate

in English (20 CFR 404.1564).

9. Transferability of job skills is not material to the determination of disability

because using the Medical-Vocational Rules as a framework supports a

finding that the claimant is “not disabled,” whether or not the claimant has

transferable job skills (See SSR 82-41 and 20 CFR Part 404, Subpart P,

Appendix 2).

10. Considering the claimant’s age, education, work experience, and residual

functional capacity, there are jobs that exist in significant numbers in the

national economy that the claimant can perform (20 CFR 404.1569 and

404.1569a).

11. The claimant has not been under a disability, as defined in the Social

Security Act, from December 31, 2014, through the date of this decision (20

CFR 404.1520(g)).

(Tr. 17, 18, 19, 22, 23).

IV. ISSUES ON APPEAL

On appeal, Plaintiff raises the following issues: (1) that the ALJ’s RFC determination is

not based on substantial evidence as it fails to consider the side effects of medication, the

limitations from nonsevere impairments, and the medical opinion of Donald Hinton, Ph. D.; (2)

that the ALJ failed to consider the Veteran Affairs’ (“VA”) disability ratings regarding Plaintiff’s

eczema and migraines; and (3) that the ALJ held Plaintiff to a higher standard than the law requires

at step two. (Doc. 11, at 1). The Commissioner maintains (1) that substantial evidence supports

the ALJ’s finding that Plaintiff did not have a severe physical impairment; (2) that the ALJ

sufficiently evaluated and considered the VA’s disability rating; and (3) that in assessing Plaintiff’s

RFC, the ALJ properly evaluated his impairments, and fully accounted for the limitations

supported by the record. (Doc. 12, at 6, 7, 11).

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V. DISCUSSION

A. Side Effects from Medication

Plaintiff argues that the ALJ’s RFC makes no limitation or restriction based on any side

effects from Plaintiff’s medication and that “the RFC fails to take into account the impairment

caused by his medication and is therefore incomplete and improper.” (Doc. 11, at 9). In support of

his argument, Plaintiff maintains that he was prescribed Zoloft6 and was “warned not to drive or

work at high risk situations” if sedated from medication and that he was advised to “not drive a

car or operate machinery until you know how this medication affects you.” Id. (citing Tr. 392-93,

398).

“A factor relevant to a claimant’s subjective symptoms that the Commissioner ‘will

consider’ includes the ‘type, dosage, effectiveness, and side effects of any medication . . . taken to

alleviate . . . pain or other symptoms.’” Colon ex rel. Colon v. Comm’r of Soc. Sec., 411 F. App’x

236, 238 (11th Cir. 2011) (quoting 20 C.F.R. § 404.1529(c)(3)(iv)). “Where a represented claimant

raises a question as to the side effects of medications, but does not otherwise allege the side effects

contribute to the alleged disability, . . . the ALJ does not err in failing ‘to inquire further into

possible side effects.’” Burgin v. Comm’r of Soc. Sec., 420 F. App’x 901, 904 (11th Cir. 2011)

(citation omitted). Moreover, “if there is no evidence before the ALJ that a claimant is taking

medication that cause side effects, the ALJ is not required to elicit testimony or make findings

regarding the medications and their side effects.” Id. “[T]he ALJ’s obligation to develop the record

does not relieve the claimant of the burden of proving she is disabled. Thus, the claimant must

introduce evidence supporting her claim that her symptoms (including any medication side effects)

make her unable to work.” Walker v. Comm’r of Soc. Sec., 404 F. App’x 362, 366 (11th Cir. 2010)

6 Zoloft is an antidepressant used to treat major depressive disorder, (obsessive-compulsive

disorder (OCD), panic disorder, social anxiety disorder (SAD), and post-traumatic stress disorder

(PTSD). https://www.drugs.com/zoloft.html (last viewed September 24, 2021).

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(citations omitted).

In this case, the record shows that the ALJ considered the effects of Plaintiff’s medication.

The ALJ noted that Plaintiff saw a psychiatrist for medication management who occasionally

adjusted Plaintiff’s medication “due to reports of side effects, lack of efficacy and/or

noncompliance.” (Tr. 19, 20). In determining Plaintiff’s RFC, the ALJ specifically considered the

side effects of the medications that Plaintiff was taking and any limitations as a result, stating that

the “limitation to unskilled work would . . . account for some occasional complaints of dizziness

and other possible medication side effects.” (Tr. 21). Plaintiff does not allege that he is disabled

by side effects from his medication. At the ALJ’s hearing, Plaintiff testified that one of his

medications was recently changed because it was not helping with his PTSD, but he did not

mention experiencing any limitations or side effects from any of his medications. (Tr. 37-38). In

his brief, Plaintiff mentions only possible side effects from taking Zoloft. Plaintiff has not provided

any evidence that any side effects from his medications preclude him from working, and has not

shown that side effects from his medications caused limitations that the ALJ did not consider in

fashioning Plaintiff’s RFC. Therefore, the court concludes that the ALJ’s RFC assessment and

assessment regarding the side effects of Plaintiff’s medication under 20 C.F.R. §

404.1529(c)(3)(iv) is supported by substantial evidence. See Swindle v. Sullivan, 914 F.2d 222,

226 (11th Cir. 1990) (holding that where the claimant did not complain about the side effects from

her prescription medications, other than an isolated mention that they might be responsible for

causing her headaches, and where the record did not disclose any concerns from her doctors about

side effects, substantial evidence supported the determination that the side effects did not present

a significant problem); Passopulos v. Sullivan, 976 F.2d 642, 648 (11th Cir.1992) (concluding that

ALJ did not fail to develop record where claimant did not present evidence he was taking

medication that caused side effects); Cherry v. Heckler, 760 F.2d 1186, 1191 n. 7 (11th Cir. 1985)

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(concluding Secretary did not have duty to further investigate side effects of counseled claimant’s

medications where claimant did not allege side effects contributed to her disability and stated only

that her medication made her drowsy); Burgin v. Comm’r of Soc. Sec., 420 F. App’x 901, 904

(11th Cir. 2011) (“Because Burgin was represented by counsel at his hearing, the ALJ was not

required to inquire in detail about his alleged side effects. Moreover, because there was no

evidence Burgin was experiencing side effects from his medication, the ALJ was not required to

make findings regarding his side effects when assessing his subjective complaints.”) (citation

omitted); Vega v. Comm’r of Soc. Sec., No. 2:15-CV-280-FTM-MRM, 2016 WL 4927577, at *7

(M.D. Fla. Sept. 16, 2016) (“[N]othing in Plaintiff’s testimony here suggests that the side effects

from her medication – dizziness and/or drowsiness – were severe enough to be disabling either

alone or in combination with her other impairments. Thus, the ALJ was not under a duty to elicit

further information about Plaintiff’s medication side effects.”) (citations omitted).

B. Failing to Find Certain Impairments Severe and to Account for Them in RFC

Plaintiff argues that the ALJ improperly held him to a higher standard by finding that his

eczema, migraines, and flat feet were not severe physical impairments. (Doc. 11, at 13). Plaintiff

also argues that the ALJ’s RFC failed to account for Plaintiff’s non-severe impairments of eczema,

flat feet, and headaches. Id. at 10. The Commissioner contends that substantial evidence supports

the ALJ’s finding that Plaintiff did not have a severe physical impairment and that in assessing

Plaintiff’s RFC, the ALJ properly evaluated his impairments and accounted for the limitations

supported by the record. (Doc. 12, at 4, 11).

An impairment or combination of impairments is “severe” if it “significantly limits [the

plaintiff’s] physical or mental ability to do basic work activities”7 and persists for at least twelve

7 Basic work activities are “the abilities and aptitudes necessary to do most jobs,” such as “walking,

standing, sitting, lifting, pushing, pulling, reaching, carrying, or handling; [c]apacities for seeing,

hearing, and speaking; [u]nderstanding, carrying out, and remembering simple instructions; [u]se

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consecutive months. 20 C.F.R. §§ 404.1520(c); 404.1505(a). Plaintiff bears the burden to prove

that an impairment is severe. See Doughty v. Apfel, 245 F.3d 1274, 1278 (11th Cir. 2001). “Step

two is a threshold inquiry,” McDaniel, 800 F.2d at 1031, which acts as a “filter” to eliminate claims

involving no substantial impairment, Jamison v. Bowen, 814 F.2d 585, 588 (11th Cir. 1987). “If

the ALJ finds a claimant does not have a ‘severe’ impairment or combination of impairments, she

should conclude the claimant does not have a disability.” Vangile v. Comm’r, Soc. Sec. Admin.,

695 F. App’x 510, 513 (11th Cir. 2017). In the Eleventh Circuit, “the finding of any severe

impairment, whether or not it qualifies as a disability and whether or not it results from a single

severe impairment or a combination of impairments that together qualify as severe, is enough to

satisfy the requirement of step two.” Id. When an ALJ recognizes at least one severe impairment,

the ALJ is not required to identify additional impairments at step two if the decision demonstrates

that the ALJ properly considered all impairments at subsequent steps. Tuggerson-Brown v.

Comm’r of Soc. Sec., 572 F. App’x 949, 951 (11th Cir. 2014). At the fourth step of the sequential

evaluation process, an ALJ must consider all medically determinable impairments, not just the

“severe” impairments identified at step two. Id.; 20 C.F.R. § 404.1545(a)(2). The ALJ’s

responsibility is met when she considers all medical evidence in the record by referencing the

claimant’s “combination of impairments” at step three and stating that she considered “all

symptoms” in assessing the RFC. Tuggerson-Brown, 572 F. App’x at 951-52. Importantly, the

“mere existence” of an impairment does not reveal its effect on a claimant’s ability to work or

undermine RFC findings. Moore v. Barnhart, 405 F.3d 1208, 1213 n.6 (11th Cir. 2005).

At step two in this case, the ALJ satisfied the requirements of the threshold inquiry by

finding that Plaintiff has severe impairments, namely PTSD and history of substance abuse. (Tr.

of judgment; [r]esponding appropriately to supervision, co-workers and usual work situations; and

[d]ealing with changes in a routine work setting.” 20 CFR § 404.1521(b) (2016).

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17); see Jamison, 814 F.2d at 588. Because the ALJ found that Plaintiff has at least one severe

impairment, the ALJ was not required to identify all of Plaintiff’s severe impairments before

moving to step three of the sequential evaluation process. See Tuggerson-Brown, 572 F. App’x at

951-52; see Packer v. Comm’r, Soc. Sec. Admin., 542 F. A’ppx 890, 892 (11th Cir. 2013) (“[S]ince

the ALJ proceeded beyond step two, any error in failing to find that [the claimant] suffers from the

additional severe impairments of degenerative joint disease of the right knee or varicose veins

would be rendered harmless.”).

Although the ALJ did not err at step two, the court must still review whether or not the

ALJ considered all of Plaintiff’s impairments, regardless of severity, in performing the next steps

of the sequential evaluation process. Plaintiff argues that the RFC does not include any exertional

limitations or restrictions for his eczema, which flares during periods of exposure to high

temperatures, or for his headaches or flat feet. (Doc. 11, at 10).

An RFC determination is an assessment of what a claimant is still able to do despite the

claimant’s impairments and is based on all relevant medical and other evidence. Phillips, 357 F.3d

at 1238-39; Lewis v. Callahan, 125 F.3d 1436, 1440 (11th Cir.1997); 20 C.F.R. § 404.1545(a).

“There is no rigid requirement that the ALJ specifically refer to every piece of evidence, so long

as the ALJ’s decision is not a broad rejection, i.e., where the ALJ does not provide enough

reasoning for a reviewing court to conclude that the ALJ considered the claimant’s medical

condition as a whole.” Packer, 542 F. App’x at 891-92. “[I]t is the duty of the administrative law

judge to make specific and well-articulated findings as to the effect of the combination of

impairments and to decide whether the combined impairments cause the claimant to be disabled.”

Bowen v. Heckler, 748 F.2d 629, 635 (11th Cir. 1984). “A statement by the ALJ that [the ALJ]

considered the combination of impairments constitutes an adequate expression of such findings.”

Kelly v. Berryhill, No. 1:17-CV-35, 2018 WL 3430679, at *4 (M.D. Ala. July 16, 2018). See Heatly

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v. Comm’r of Soc. Sec., 382 F. App’x 823, 825 (11th Cir. 2010) (citing Jones v. HHS, 941 F.2d

1529, 1533 (11th Cir. 1991) for the proposition that “a simple expression of the ALJ’s

consideration of the combination of impairments constitutes a sufficient statement of such

findings”); see id. at 825 n.3 (“The record also does not support Heatly’s argument that the ALJ’s

alleged error at step two prevented the ALJ from considering all of his impairments in combination

in the rest of the sequential evaluation. At step four, the ALJ explicitly stated that it considered

‘the entire record’ and ‘all symptoms.’”). Under Eleventh Circuit precedent, where “the ALJ stated

that he evaluated whether [the claimant] had an ‘impairment or combination of impairments’ that

met a listing and that he considered ‘all symptoms’ in determining [the claimant’s] RFC,” “those

statements are enough to demonstrate that the ALJ considered all necessary evidence.” Tuggerson-

Brown, 572 F. App’x at 951-52 (citing Wilson v. Barnhart, 284 F.3d 1219, 1224-25 (11th Cir.

2002)); Hamby v. Soc. Sec. Admin., Com’r, 480 F. App’x 548, 550 (11th Cir. 2012).

“[T]he mere diagnosis of [a condition] says nothing about the severity of the condition.”

Crans v. Berryhill, No. 3:16-CV-914-GMB, 2017 WL 4683933, at *5 (M.D. Ala. Oct. 18, 2017)

(quoting Higgs v. Bowen, 880 F.2d 860, 863 (6th Cir. 1988)). “[A] diagnosis or a mere showing

of ‘a deviation from purely medical standards of bodily perfection or normality’ is insufficient;

instead, the claimant must show the effect of the impairment on her ability to work.” Wind v.

Barnhart, 133 F. App’x 684, 690 (11th Cir. 2005) (quoting McCruter v. Bowen, 791 F.2d 1544,

1547 (11th Cir. 1986)); Moore v. Barnhart, 405 F.3d 1208, 1213 n.6 (11th Cir. 2005) (“[T]he mere

existence of these impairments does not reveal the extent to which they limit her ability to work

or undermine the ALJ’s determination in that regard.”); accord Hutchinson v. Astrue, 408 F. App’x

324, 325 (11th Cir. 2011) (stating “proof of the mere existence of impairments does not prove the

extent to which they limit a claimant’s ability to work.”).

Here, the ALJ found that while Plaintiff testified that he had headaches, which he believed

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were “related to his (mild) sleep apnea,” “the record documents only a few complaints of, and

treatment for, headaches.” (Tr. 18, 40, 50, 51, 294). The ALJ also found that Plaintiff had “not

been under the regular care of a neurologist, he ha[d] not required imaging of his brain, and his

neurological exams, as documented in his treatment records with his primary care provider, [were]

generally normal.” (Tr. 18). As for his flat feet, the ALJ noted that Plaintiff “did not testify to any

ongoing problems related to his flat feet” and that his “flat feet ha[d] been treated conservatively

with custom orthotics and nonsteroidal anti-inflammatory medication,” “[h]e walks with a normal

gait and he does not require a cane or other assistive device.” (Tr. 18, 50, 391, 413-14, 420, 448).

The ALJ further found that Plaintiff’s eczema was “stable and generally well controlled with

medication.” (Tr. 18, 294). In considering these opinions, the ALJ gave great weight to state

agency consultant Dr. Gregory K. Parker as his opinion was supported by the record. (Tr. 18, 50-

51). State agency medical or psychological consultants are considered experts in Social Security

disability evaluation. Hanisee v. Comm’r of Soc. Sec., 797 F. App’x 449, 450 (11th Cir. 2019); 20

C.F.R. § 404.1527(e)(2).

The ALJ concluded that “[t]he claimant does not have an impairment or combination of

impairments that meets or medically equals the severity of one of the listed impairments in 20 CFR

Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525 and 404.1526).” (Tr. 18).

Additionally, the ALJ’s opinion stated that the ALJ considered “the entire record” as well as “all

symptoms and the extent to which these symptoms can reasonably be accepted as consistent with

the objective medical evidence and other evidence, based on the requirements of 20 CFR 404.1529

and SSR 16-3p.” (Tr. 19). In assessing Plaintiff’s RFC, the ALJ noted Plaintiff’s alleged

impairments, including eczema and flat feet. (Tr. 20). The ALJ concluded:

After careful consideration of the evidence, the undersigned finds that the

claimant’s medically determinable impairments could reasonably be expected to

cause some of the alleged symptoms. However, the claimant’s statements

concerning the intensity, persistence and limiting effects of these symptoms are not

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entirely consistent with the medical evidence and other evidence in the record for

the reasons explained in this decision.

(Tr. 20).

Based upon Eleventh Circuit precedent, the court concludes that the ALJ’s statements

demonstrate that the ALJ sufficiently considered all of Plaintiff’s impairments in combination in

the rest of the sequential evaluation. See Tuggerson-Brown, 572 F. App’x at 951-52; Heatly, 382

F. App’x at 825 n.3; Vangile, 695 F. App’x at 514 n.2 (“[A]lthough the ALJ did not explicitly

mention Vangile’s chronic mastoiditis at step three, she did note Vangile ‘had alleged disability

because of chronic mastoiditis’ at step four of her analysis.”); Chavis v. Colvin, No. 1:14-CV-

01147, 2016 WL 2764713, at *6 (M.D. Ala. Apr. 21, 2016), report and recommendation adopted,

No. 1:14-CV-1147, 2016 WL 2637799 (M.D. Ala. May 9, 2016) (“While the ALJ could have

discussed the medical evidence regarding Chavis’ headaches in more detail, the ALJ’s analysis

was sufficient to discharge his duty that he consider all the impairments, severe and nonsevere, in

combination.”). Further, with respect to the alleged headaches, the ALJ discussed this impairment

in fashioning the RFC, stating that “[t]he limitation to unskilled work would additionally account

for some occasional complaints of dizziness and other possible medication side effects and some

loss of concentration due to pain (headaches, foot pain).” (Tr. 21).

The record reflects that the ALJ properly considered Plaintiff’s headaches, flat feet, and

eczema. The ALJ’s decision adequately explains why these impairments were not considered to

be severe. Accordingly, based upon the entire record, the court concludes that the ALJ did not err

in considering Plaintiff’s alleged impairments at step two and that the ALJ adequately considered

Plaintiff’s headaches, flat feet, and eczema in formulating his RFC.

C. RFC is Inconsistent with Dr. Hinton’s Opinion

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Plaintiff argues that the ALJ’s RFC determination that Plaintiff “is able to perform simple,

unskilled work” is inconsistent with the opinion of Dr. Donald E. Hinton, Ph. D.—to whose

opinion the ALJ gave great weight—that Plaintiff was limited to short and simple instructions.

(Doc. 11, at 10). Plaintiff maintains that a limitation of simple unskilled work is not the same as a

limitation of short and simple instructions. (Doc. 16, at 2).

“[T]he task of determining a claimant’s [RFC] and ability to work rests with the [ALJ], not

a doctor.” Moore v. Soc. Sec. Admin., Comm’r, 649 F. App’x 941, 945 (11th Cir. 2016); Rodriguez

v. Comm’r of Soc. Sec., No. 618CV503ORL18TBS, 2018 WL 7113871, at *2 (M.D. Fla. Dec. 27,

2018), report and recommendation adopted, No. 618CV503ORL18TBS, 2019 WL 316051 (M.D.

Fla. Jan. 24, 2019) (“[T]here is no requirement that an ALJ base an RFC finding on a medical

source’s opinion.”). “To find that an ALJ’s RFC determination is supported by substantial

evidence, it must be shown that the ALJ has ‘provide[d] a sufficient rationale to link’ substantial

record evidence ‘to the legal conclusions reached.’” Eaton v. Colvin, 180 F. Supp. 3d 1037, 1055

(S.D. Ala. 2016) (citations omitted). “[T]o find that the ALJ’s RFC assessment is supported by

substantial evidence, it is not necessary for the ALJ’s assessment to be supported by the assessment

of an examining or treating physician.” Id. at 1055-56. An ALJ “is not required to specifically

address every aspect of an opinion or every piece of evidence in the record.” Coley v. Comm’r of

Soc. Sec., 771 F. App’x 913, 917 (11th Cir. 2019).

In this case, the ALJ concluded that Plaintiff had “the residual functional capacity to

perform a full range of work at all exertional levels but with the following nonexertional

limitations: the claimant is able to perform simple unskilled work with occasional interaction with

the public and changes in the work setting introduced gradually.” (Tr. 19). In determining

Plaintiff’s RFC, the ALJ did not rely solely on the opinion of Dr. Hinton. The ALJ cited Dr. Dinesh

Karumanchi’s records, which showed that Plaintiff’s mental status examinations were generally

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normal; that Plaintiff was “routinely alert and fully oriented with normal speech, goal directed and

coherent thought processes, intact memory, fair attention and concentration, and fair insight and

judgment; and that Plaintiff generally had “no abnormal psychomotor agitation or retardation.”

(Tr. 20). Examining the medical records from the VA, the ALJ found the following;

Dr. Wood found that the claimant most likely has PTSD caused by or a result of his

military service. The claimant was considered to have an occupational and social

impairment with reduced reliability and productivity. The claimant’s level of

occupational and social impairment has remained the same after each subsequent

evaluation, i.e., reduced reliability and productivity. While the claimant’s PTSD

affects his ability to function, Dr. Wood could not find that the claimant’s

symptoms as likely as not prevented him from functioning adequately in a standard

workplace. Rather, the “conclusion [of the VA] has been that he is still capable of

working” notwithstanding his PTSD (Exhibit 5F). Indeed, the claimant

acknowledged that he could work in a solitary environment such as in landscaping.

. . .

The undersigned finds that the claimant is able to perform simple unskilled work

with occasional interaction with the public and changes in the work setting

introduced gradually notwithstanding his PTSD and mild alcohol and cannabis use

disorders. The limitation to unskilled work would additionally account for some

occasional complaints of dizziness and other possible medication side effects and

some loss of concentration due to pain (headaches, foot pain). The ability to

perform this work is supported by the claimant’s mental health treatment records,

which document some ongoing anxiety and depression but otherwise generally

normal mental status exams. The claimant is able to interact appropriately with

others, he is pleasant, and he engages well. He acknowledged that he could work in

a job with limited social contacts. The claimant’s PTSD is related to his military

service but he worked for several years after he was discharged from the Army,

honorably, in 2006. He stopped working in December 2014 after he was laid off

due to a reduction in force. According to the VA, the claimant is capable of working

and he is not considered to be totally and permanently disabled due solely to his

service-connected disabilities (Exhibits 2D, 5F).

(Tr. 21).

The ALJ went on to find that the “ability to perform unskilled work that involves only

occasional interaction with the public and changes in the work setting is further supported by the

opinion of Dr. Hinton.” (Tr. 21) (emphasis added). As to Plaintiff’s mental residual functional

capacity (“MRFC”) assessment, Dr. Hinton rated Plaintiff’s understanding and memory

limitations as follows:

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The ability to remember locations and work-like procedures.

Not significantly limited

The ability to understand and remember very short and simple instructions.

Not significantly limited

The ability to understand and remember detailed instructions.

Moderately limited

Explain in narrative form the presence and degree of specific understanding and

memory capacities and/ or limitations:

ABLE TO UNDERSTAND, REMEMBER AND TO CARRY OUT SHORT AND

SIMPLE INSTRUCTIONS BUT NOT COMPLEX ONES.

(Tr. 54). As to rating Plaintiff’s sustained concentration and persistence limitations, Dr. Hinton

found:

The ability to carry out very short and simple instructions.

Not significantly limited

The ability to carry out detailed instructions.

Moderately limited

The ability to maintain attention and concentration for extended periods.

Moderately limited

The ability to perform activities within a schedule, maintain regular attendance, and

be punctual within customary tolerances.

Not significantly limited

The ability to sustain an ordinary routine without special supervision.

Not significantly limited

The ability to work in coordination with or in proximity to others without being

distracted by them.

Not significantly limited

The ability to make simple work-related decisions.

Not significantly limited

The ability to complete a normal workday and workweek without interruptions

from psychologically based symptoms and to perform at a consistent pace without

an unreasonable number and 1ength of rest periods.

Not significantly limited

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Explain in narrative form the sustained concentration and persistence capacities

and/ or limitations:

ABLE TO UNDERSTAND, REMEMBER AND TO CARRY OUT SHORT AND

SIMPLE INSTRUCTIONS. IS ABLE TO CONCENTRATE AND ATTEND FOR

REASONABLE PERIODS OF TIME OF UP TO 2HRS.

(Tr. 54).

The ALJ summarized Dr. Hinton’s report, stating that

Dr. Hinton completed a Mental Residual Functional Capacity Assessment in which

he opined that the claimant is able to understand, remember and carry out short and

simple instructions and tolerate work changes that are gradually introduced (Exhibit

1A). Contact with the public should not be a usual job duty. The undersigned gives

great weight to the opinion of Dr. Hinton, as it well supported by the record as a

whole, including evidence received at the hearing level.

(Tr. 21-22).

Plaintiff argues that when the ALJ generalized the wording of the RFC’S limitation

(changing the language from “instructions” to “work”) the ALJ materially changed the limitation

itself, and that, had the ALJ limited Plaintiff’s RFC to “understand, remember, and carry out short

and simple instructions,” all jobs cited by the vocational expert—which all had a reasoning level

of two—would have been eliminated, thereby changing the outcome of this case. (Doc. 16, at 3-

4). That is, Plaintiff essentially maintains that Dr. Hinton’s opinion limited Plaintiff to jobs with a

reasoning level of one—i.e., that limiting an individual to “simple” instructions is inconsistent

with a reasoning level of two. Id. at 3.

“Unskilled work is work which needs little or no judgment to do simple duties that can be

learned on the job in a short period of time.” 20 C.F.R. § 404.1568(a). Thus, “[b]y definition,

unskilled jobs require no more than simple tasks.” James C. v. Comm’r, Soc. Sec. Admin., No.

1:17-CV-00884-LTW, 2018 WL 6137611, at *5 (N.D. Ga. Sept. 29, 2018); Vuxta v. Comm’r of

Soc. Sec., 194 F. App’x 874, 878 (11th Cir. 2006) (A limitation to simple tasks is contained within

the unskilled limitation.). Unskilled work generally requires the following: (1) “[u]nderstanding,

remembering, and carrying out simple instructions”; (2) “[m]aking judgments that are

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commensurate with the functions of unskilled work--i.e., simple work-related decisions”; (3)

“[r]esponding appropriately to supervision, co-workers and usual work situations”; and (4)

“[d]ealing with changes in a routine work setting.” SSR 96-9p, 1996 WL 374185, at *9 (S.S.A.

July 2, 1996); see also SSR 85-15, 1985 WL 56857, at *4 (S.S.A. 1985) (“The basic mental

demands of competitive, remunerative, unskilled work include the abilities (on a sustained basis)

to understand, carry out, and remember simple instructions; to respond appropriately to

supervision, coworkers, and usual work situations; and to deal with changes in a routine work

setting.”). “Using the skill level definitions in 20 CFR 404.1568 . . . unskilled work corresponds

to a[] [specific vocational preparation] SVP of 1-2.” SSR 00-4P, 2000 WL 1898704, at *3 (S.S.A.

Dec. 4, 2000). “Thus, [an] ALJ’s reference to unskilled work may be considered as incorporating

[a] plaintiff’s abilities to understand, carry out, and remember short and simple instructions on a

sustained basis.” Shawbaker v. Colvin, 189 F. Supp. 3d 1168, 1174 (D. Kan. 2016); Washington

v. Berryhill, No. CV 17-0395, 2018 WL 3078763, at *7 (S.D. Ala. June 20, 2018) (citing Anderson

v. Astrue, Civ. A. No. 2:11-00046, 2011 WL 3843683, at * 3 (S.D. Ala. Aug. 30, 2011) (where the

court held that security regulations, “read together, establish that unskilled work requires the ability

to understand, carry out, and remember simple instructions and duties ...”); Deidre T. v. Comm’r,

Soc. Sec. Admin., No. 1:17-CV-00650, 2018 WL 7823090, at *17 n.29 (N.D. Ga. Sept. 28, 2018)

(“[B]y limiting claimant to unskilled work, [the ALJ] implicitly found that she retained the mental

capacity to understand, carry out, and remember simple instructions; respond appropriately to

supervision, coworkers, and usual work situations; and deal with changes in a routine work setting

. . . .”).

“Job descriptions in the [Dictionary of Occupational Titles] [DOT] include specific

vocational preparation time (“SVP”) numbers and reasoning levels, which supply supplemental

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information about the listed jobs.” Chambers v. Comm’r of Soc. Sec., 662 F. App’x 869, 872 (11th

Cir. 2016). The DOT describes the reasoning levels of one, two and three, as follows:

03 LEVEL REASONING DEVELOPMENT

Apply commonsense understanding to carry out instructions furnished in written,

oral, or diagrammatic form. Deal with problems involving several concrete

variables in or from standardized situations.

02 LEVEL REASONING DEVELOPMENT

Apply commonsense understanding to carry out detailed but uninvolved written or

oral instructions. Deal with problems involving a few concrete variables in or from

standardized situations.

01 LEVEL REASONING DEVELOPMENT

Apply commonsense understanding to carry out simple one- or two-step

instructions. Deal with standardized situations with occasional or no variables in or

from these situations encountered on the job.

https://occupationalinfo.org/appendxc_1.html#II (last viewed September 23, 2020); see also DOT

Appendix C – Components of the Definition Trailer, 1991 WL 688702 (Jan.1, 2016). “‘A

limitation to short and simple instructions appears more consistent with Reasoning Development

Level 1 or Level 2 than with Level 3. Indeed, it seems that such a limitation falls somewhere

between Levels 1 and 2.’”) Viverette v. Comm’r of Soc. Sec., No. 20-11862, 2021 WL 4272355,

at *5 (11th Cir. Sept. 21, 2021) (quoting Keller v. Berryhill, 754 F. App’x 193, 197-98 (4th Cir.

2018) (citations and footnote omitted)).

The ALJ asked the VE whether jobs existed in the national economy for an individual with

Plaintiff’s age, education, work experience, and RFC. (Tr. 23, 42-43). The VE testified that, given

all of these factors, Plaintiff would be able to work as a hand packager, DICOT 920.587-018, 1991

WL 687916; a poultry farm laborer, DICOT 411.687-018, 1991 WL 673428; and a kitchen helper,

DICOT 318.687-010, 1991 WL 672755. (Tr. 23, 43). Each job has a reasoning level of 2, which

correlates to unskilled work as listed in Plaintiff’s RFC. See Anderson, 2011 WL 3843683, at *4

(S.D. Ala. Aug. 30, 2011) (“Thus, there was no actual conflict between the vocational expert’s

testimony that Plaintiff could perform the cited unskilled jobs and the applicable DOT information

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because all of the jobs have an SVP of 2, which correlates to unskilled work.”); Eplee v. Saul, No.

1:19CV113-MOC, 2019 WL 5550079, at *4 (W.D.N.C. Oct. 25, 2019) (“Furthermore, a limitation

to ‘unskilled work’ indicates that any instructions would be uninvolved to satisfy reasoning level

two concerns, which require employees to carry out ‘detailed but uninvolved’ instructions.”).

In Buckwalter v. Acting Comm’r of Soc. Sec., 5 F.4th 1315 (11th Cir. 2021), the Eleventh

Circuit determined that “‘simple’ does not plainly contradict ‘detailed.’” Id. at 1323. The Court

explained:

The primary difference between levels one and two is the length of the instructions-

-not the complexity. While level one specifies that the instructions must be

“simple,” level two similarly specifies that they must be “uninvolved.” Merriam-

Webster defines “simple” as “readily understood or performed;” it defines

“uninvolved” as “not involved,” meaning not “marked by extreme and often

needless or excessive complexity.” Simple, Uninvolved, Involved, Merriam-

Webster's Online Dictionary, https://www.merriam-webster.com. “Simple” is

listed as an antonym for “involved.” Id. Accordingly, the difference between levels

one and two lies in the length of the instructions, with level one being limited to

one- or two-step instructions, and level two not being limited in length. This

interpretation is confirmed by the description of level three, which lifts the

restriction on how complex the instructions can be--allowing for any “instructions.”

Id.

In this case, Dr. Hinton limited Plaintiff to short and simple instructions, but not complex

ones; however, Dr. Hinton did not specifically limit Plaintiff to “simple one- or two-step

instructions” or otherwise indicate that Plaintiff could only perform at reasoning level one. In any

event, “a short and simple instructions restriction shares the word “simple” with the Level 1

definition but could permit instructions of more than two steps.” Keller, 754 F. App’x at 198.

Further, the record reflects that the ALJ considered other evidence along with Dr. Hinton’s entire

opinion in fashioning the RFC, although Plaintiff focuses on only one part of Dr. Hinton’s opinion.

An ALJ “is under no obligation to obtain or adopt a medical source statement’s findings as [the

ALJ’s] RFC finding.” Smith v. Comm’r, Soc. Sec. Admin., No. 2:15-CV-00964-HGD, 2017 WL

167322, at *6 (N.D. Ala. Jan. 17, 2017). The jobs of hand packager, poultry farm laborer, and

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kitchen helper all have a reasoning level of 2, which are consistent with Plaintiff’s RFC’s limitation

of simple unskilled work. Based upon a review of the whole record, the court concludes that the

ALJ considered the entire record in determining Plaintiff’s RFC and that the ALJ’s RFC is

supported by substantial evidence. See Est. of White v. Saul, No. 19-CV-61745, 2020 WL 5351064,

at *7 (S.D. Fla. Aug. 26, 2020), report and recommendation adopted, No. 19-61745-CIV, 2020

WL 5291966 (S.D. Fla. Sept. 4, 2020) (“[T]he ALJ found Dr. Nazario’s opinion that Plaintiff could

‘experience difficulty interacting with others appropriately given his reported symptoms and that

[Plaintiff] appears able to understand and retain simple instructions’ was consistent with the

medical evidence, which the ALJ incorporated into Plaintiff's RFC requiring ‘unskilled work and

occasional interaction’ with others at work.”).

D. VA Disability Rating

Plaintiff argues that the ALJ failed to consider the VA disability Ratings regarding

Plaintiff’s eczema and migraines. (Doc. 11, at 11 ). The Commissioner contends that the ALJ

properly considered the VA rating as a whole and that any error in the ALJ’s failure to consider

specifically the VA ratings for eczema and migraines is harmless. (Doc. 12, at 10, 11).

“[A] decision by any other government agency, such as the VA, regarding a claimant’s

disabled status ‘is based on [that agency's] rules and is not [the commissioner’s] decision’ as to

disability. Instead, the Commissioner must ‘make a disability ... determination based on social

security law.’” Boyette v. Comm’r of Soc. Sec., 605 F. App’x 777, 779 (11th Cir. 2015) (citing 20

C.F.R. § 404.1504). “‘Although the V.A.’s disability rating is not binding on the [SSA], it is

evidence that should be given great weight.’” Brown-Gaudet-Evans v. Comm’r of Soc. Sec., 673

F. App’x 902, 904 (11th Cir. 2016) (citation omitted). “Even when an agency’s definition of

disability differs from that of social security law, if the agency’s disability definition is construed

in a similar manner as the definition of disability under social security law, it is error for the ALJ

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to not give that agency’s finding of disability great weight.” Hughes v. Comm’r of Soc. Sec. Admin.,

486 F. App’x 11, 16 (11th Cir. 2012). “Great weight” does not mean controlling weight, but “the

ALJ must seriously consider and closely scrutinize the VA’s disability determination and must

give specific reasons if the ALJ discounts that determination.” Id. However, an ALJ is not required

to “state the precise amount of weight he gives the VA’s disability determination.” Adams v.

Comm’r of Soc. Sec., 542 F. App’x 854, 857 (11th Cir. 2013). Moreover, “if the other agency’s

standard for determining disability deviates substantially from the Commissioner’s standard, [it is

not] error for the ALJ to give the agency’s finding less than substantial weight.” Hacia v. Comm’r

of Soc. Sec., 601 F. App’x 783, 786 (11th Cir. 2015). “[B]ecause other agencies may apply

different rules and standards than we do for determining whether an individual is disabled, this

may limit the relevance of a determination of disability made by another agency.” SSR 06-03p,

2006 WL 2329939, at *7 (S.S.A. Aug. 9, 2006). In sum, the court must first ask “whether the

ALJ’s decision shows that she considered the other agency’s decision. If the ALJ’s decision does

not discuss the other agency’s decision, the case must be remanded to the Commissioner for

consideration of the other agency’s decision.” Noble v. Comm’r of Soc. Sec., 963 F.3d 1317, 1330

(11th Cir. 2020) (citation omitted). However, if the ALJ did discuss the other agency’s decision,

“the court moves on to the second step of the analysis: whether substantial evidence in the record

supports the ALJ’s decision to depart from the other agency’s decision. If there is substantial

evidence in the record, then the ALJ's decision should be affirmed.” Id. (citation omitted).

Unlike Social Security’s requirements for determining disability, the VA regulations

provide that “[t]otal disability will be considered to exist when there is present any impairment of

mind or body which is sufficient to render it impossible for the average person to follow a

substantially gainful occupation.” 38 C.F.R. § 3.340(a)(1). “[A] claimant has the responsibility to

present and support a claim for benefits under laws administered by the Secretary,” and “[t]he

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Secretary shall consider all information and lay and medical evidence of record in a case before

the Secretary with respect to benefits . . . .” 38 U.S.C. § 5107(a), (b). “When there is an approximate

balance of positive and negative evidence regarding any issue material to the determination of a

matter, the Secretary shall give the benefit of the doubt to the claimant.” Id. § 5107(b). “For a

veteran with multiple service-connected disabilities, the regulations instruct the VA to combine

the individual ratings using a ‘combined ratings table’ instead of adding up the percentage of each

disability.” Pirtle v. Saul, No. CV 119-112, 2020 WL 3971512, at *4 n.3 (S.D. Ga. July 14, 2020),

report and recommendation adopted, No. CV 119-112, 2020 WL 4587518 (S.D. Ga. Aug. 10,

2020); see 38 C.F.R. § 4.25.

Plaintiff argues that he was diagnosed with a VA disability rating of 60% for his eczema

and 50% for his migraines (Tr. 445), but that the ALJ completely ignored these specific disability

ratings. (Doc. 11, at 12). Although the ALJ did not cite these disability ratings, the record reflects

that the ALJ considered Plaintiff’s VA disability rating as a whole and considered the medical

evidence regarding Plaintiff’s eczema and migraine impairments. As to Plaintiff’s combined

service-connected disabilities, the VA rated Plaintiff 70% disabled. (Tr. 141). The VA did not

consider Plaintiff to be totally and permanently disabled due solely to his service-connected

disabilities. (Tr. 141). The ALJ referenced the VA’s findings, stating that “[a]ccording to the VA,

the claimant is capable of working and he is not considered to be totally and permanently disabled

due solely to his service-connected disabilities.” (Tr. 21, 141, 437-532) (emphasis added). The

ALJ also said that “[t]he undersigned has considered the claimant’s VA disability rating, including

a 50% rating for PTSD, in formulating the residual functional capacity.” (Tr. 21, 445) (emphasis

added). Thus, while the ALJ did not parse out Plaintiff’s individual disability ratings for eczema

and migraine headaches, the ALJ considered Plaintiff’s service-connected disabilities rating as a

whole and simply highlighted Plaintiff’s specific rating for PTSD, which had been found to be a

24

severe impairment. See LaRiccia v. Comm’r of Soc. Sec., 549 F. App’x 377, 388 (6th Cir. 2013)

(“The VA rating reflects the cumulative effect of all of LaRiccia's impairments, just as the ALJ’s

assessment of residual functional capacity reflects a claimant's functional capacity in light of all

of his limitations, not just those that are ‘severe.’”). The ALJ gave “great weight to the finding

from the VA that the claimant has some functional limitations secondary to his PTSD,” but

concluded that “based on Social Security rules and regulations and the record as a whole,” that

Plaintiff retained “the ability to perform a range of unskilled work as set forth in the residual

functional capacity.” (Tr. 21). As stated previously, the ALJ considered the medical record in

addressing Plaintiff’s allegations of headaches and eczema and found that there were “only a few

complaints of, and treatment for, headaches”; that Plaintiff had not been “under the regular care of

a neurologist”; that he had “not required imaging of his brain” and his neurological examinations

were generally normal; and that his eczema was “stable and generally well controlled with

medication.” (Tr. 18).

Accordingly, the ALJ considered the VA’s disability rating as a whole and determined that

Plaintiff’s allegations of eczema and migraine headaches as disabling impairments were

inconsistent with the objective medical evidence.

VI. CONCLUSION

The court has carefully and independently reviewed the record and concludes that, for the

reasons given above, the Commissioner’s decision is due to be AFFIRMED. A separate judgment

will issue.

DONE, on this the 28th day of September, 2021.

/s/ Susan Russ Walker

Susan Russ Walker

United States Magistrate Judge

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