Alicia Pufahl v Frank BisignanoAlicia Pufahl v Frank Bisignano
Before RIPPLE, HAMILTON, and KIRSCH, Circuit Judges.
PER CURIAM. Alicia Rae Pufahl applied for disability insurance benefits from the Social Security Administration in August 2012, claiming that her ability to work was limited by Wegener‘s granulomatosis, depression, pulmonary disease, back injury, bipolar disorder, and excessive fatigue. She was required to establish disability between her alleged onset of disability on August 8, 2011, and her date last insured, December 31, 2016. Her application was denied initially in November 2012, and several unfavorable decisions from Administrative Law Judges (“ALJs“), appeals, and remands followed. For our purposes, we need focus only on the most recent ALJ decision concluding that Ms. Pufahl was not disabled during the relevant period, and the district court‘s opinion affirming the ALJ‘s decision.1 The Appeals Council denied further review.2 Because the district court correctly determined that substantial evidence supported the agency‘s decision, we affirm its judgment.
I
BACKGROUND
Because the ALJ and the district court provided comprеhensive factual accounts with which we take no issue, we reference here only those facts critical to our analysis. Under the Social Security Act, a person is considered disabled when she is unable “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment ... which has lasted or can be expected to last for a continuous period of not less than 12 months.”
(1) the claimant is presently employed; (2) the claimant has a severe impairment or combination of impairments; (3) the claimant‘s impairment meets or equals
any impairment listed in the regulations as being so severe as to preclude substantial gainful activity; (4) the claimant‘s residual functional capacity leaves him unable to perform his past relevant work; and (5) the claimant is unable to perform any other work existing in significant numbers in the national eсonomy.
Briscoe ex rel. Taylor v. Barnhart, 425 F.3d 345, 351–52 (7th Cir. 2005) (citing
Applying this sequential analysis, the ALJ determined that Ms. Pufahl was not disabled during the relevant time period. At the first step, the ALJ concluded that Ms. Pufahl did not engage in substantial gainful activity during the relevant period. The ALJ determined at step two that Ms. Pufahl had the severe impairments of “obesity, fibromyalgia, degenerative disc disease, migraines, Wegener‘s granulomatosis, asthma, bipolar disorder, and anxiety.”3 The ALJ concluded at step three thаt Ms. Pufahl‘s impairments did not meet nor medically equal the severity of one of the listed impairments in the regulations.
Before proceeding to the fourth step, the ALJ determined Ms. Pufahl‘s RFC:
[Ms. Pufahl] had the residual functional capacity to perform light work as defined in
20 CFR 404.1567(b) except she could occasionally climb ramps and stairs, balance, stoop, kneel, crouch, and crawl; could never climb ladders, ropes, or scaffolds; must avoid hazards such as unprotected heights, moving mechanical parts, and operating a motor vehicle; could tolerate moderate noise in the work environment and lighting no brighter than in a typical office environment; could tolerate occasional exposure to dust, odors, fumes and other pulmonary irritants; could perform simple and routine tasks; could maintain attention and concentration for two-hour segments; could make simple work-related decisions; could tolerate occasional changes in a routine work setting; and could frequently interact with supervisors and coworkers аnd occasionally interact with the public.4
Relying on the testimony of the vocational expert (“VE“) that Ms. Pufahl‘s past relevant work could not be performed with the described RFC, the ALJ concluded at step four that Ms. Pufahl was unable to perform any past relevant work through the end of the relevant time period. And lastly at step five, the ALJ determined that considering Ms. Pufahl‘s “age, education, work experience, and [RFC], there were jobs that existed in significant numbers in the national economy that [she] could have performed.”5 Thе ALJ therefore concluded that Ms. Pufahl was not disabled.
The district court affirmed this decision. Ms. Pufahl now appeals.
II
DISCUSSION
The guardrails governing our review of disability decisions are well-settled. We review de novo the district court‘s judgment affirming the Social Security Administration‘s
Ms. Pufahl submits three arguments for our consideration. First, she contends that the ALJ improperly weighed medical opinion evidence when calculating her RFC. Second, she maintains that the ALJ did not evaluate properly her subjective complaints. Third, she submits that the ALJ‘s hypothetical question posed to the VE insufficiently described her mental limitations. We will examine in turn each of these issues.
A.
We begin with Ms. Pufahl‘s contention that the ALJ failed to weigh properly the medical opinion evidence. Relevant here, the ALJ gave little weight to the opinions of Ms. Pufahl‘s neurologist, Dr. Edward Reshel, and to those of Ms. Pufahl‘s primary care provider, Dr. Andrew Knoernschild. The ALJ assigned some weight to the September 2013 opinion of Ms. Pufahl‘s psychiatrist, Dr. Todd Boffeli, because the ALJ found that some of the assessments in that opinion were supported by the recоrd evidence. The ALJ gave little weight to Dr. Boffeli‘s other opinions. Turning to the work of Ms. Pufahl‘s therapist, Ms. Lonna Kannenberg, LCSW, the ALJ gave some weight to the opinions that he concluded were supported by the evidence, but allotted little weight to the rest of Ms. Kannenberg‘s assessments.
Ms. Pufahl submits that the opinions of Dr. Reshel, Dr. Knoernschild, and Dr. Boffeli are entitled to controlling weight. As licensed physicians who have treated Ms. Pufahl, Dr. Reshel, Dr. Knoernschild, and Dr. Boffeli qualify as treating sources under the applicable regulations.6 For claims filed before 2017, like Ms. Pufahl‘s, a treating source‘s medical opinion is entitled to controlling weight if it is “supported by medical evidence and consistent with the record.” Baptist v. Kijakazi, 74 F.4th 437, 444 (7th Cir. 2023) (citing
Substantial evidence supports the ALJ‘s decision to not allot controlling weight to the three physicians’ opinions.
The ALJ further considered speculative the three physicians’ opinions about work breaks and absences. This finding is similar to that in Reynolds v. Kijakazi, 25 F.4th 470 (7th Cir. 2022), where an ALJ found a state agency consultant‘s opinion that the claimant would “likely struggle to get along with her supervisors and coworkers due to her mental health issues” to be “speculative and therefore unpersuasive.” Id. at 474. We declined to conclude that this consultant‘s opinion provided a basis for the qualitative interaction limitation requested by the claimant. Id. at 471, 473–74. We would have had to reweigh the evidence to do so. Id. at 474. Accordingly, the ALJ‘s conclusion that the three physicians’ speculative opinions are not worthy of controlling weight must stand.
The ALJ also deemed conclusory “Dr. Reshel‘s statement that [Ms. Pufahl‘s] migraines interfered with her ability to engage in competitive employment.”9 He reached the same conclusion with respect to Dr. Knoernschild‘s statement in his progress notes that Ms. Pufahl “may certainly qualify for disability.”10 The ALJ was on solid ground in discounting these opinions. An ALJ is not required to “give any special significance to the source of an opinion on issues reserved to the Commissioner,” which includes opinions about a claimant‘s ability to work.
In sum, the ALJ‘s decision to discount the opinions of Dr. Reshel, Dr. Knoernschild, and Dr. Boffeli is supported by substantial evidence.13
Ms. Pufahl also contends that the ALJ erred in discounting some of the opinions of her therapist, Ms. Kannenberg. A therapist does not qualify as a treating source14 and thus the ALJ need only explain the weight given to a therapist‘s opinion “or otherwise ensure that the discussion of the evidence in the determination or decision allоws a claimant or subsequent reviewer to follow the adjudicator‘s reasoning.” Grotts, 27 F.4th at 1277 (quoting
The ALJ satisfied this standard. The ALJ summarized Ms. Kannenberg‘s opinions, described which opinions were allotted some weight given the supporting evidence, and explained that he gave little weight to the rest of Ms. Kannenberg‘s opinions.15 He found some of her
B.
Turning to Ms. Pufahl‘s submission thаt the ALJ failed to evaluate properly her subjective complaints, “[w]e will overturn the ALJ‘s evaluation of a claimant‘s subjective symptoms only if it is ‘patently wrong, which means that the decision lacks any explanation or support.‘” Hess v. O‘Malley, 92 F.4th 671, 679 (7th Cir. 2024) (quoting Murphy v. Colvin, 759 F.3d 811, 816 (7th Cir. 2014)). As we have written:
Subjective statements by claimants as to pain or other symptoms are not alone conclusive evidence of disability and must be supported by other objective evidence. The regulations instruct ALJs to consider a number of factors, including: (1) relevant medical evidence, including intensity аnd limiting effects of symptoms; (2) treatment and efficacy; (3) return to gainful activity; (4) work during disability period; (5) daily activities; and (6) statements inconsistent with the record.
Grotts, 27 F.4th at 1278 (citations omitted). “An ALJ need not discuss every detail in the record as it relates to every factor.” Id. “As long as an ALJ gives specific reasons supported by the record, we will not overturn a credibility determination unless it is patently wrong.” Id. at 1279.
The ALJ concluded that Ms. Pufahl‘s “statements about the intensity, persistence, and limiting effects of her symptoms” were “not entirely consistent with the evidence.”19 Thе ALJ thoroughly explained how Ms. Pufahl‘s statements often conflicted with medical evidence documenting her physical and mental abilities. He also noted effective treatments for many of her impairments and her ability to partake
Ms. Pufahl nonetheless submits that the ALJ‘s evaluation of her subjective statеments was patently wrong. She maintains that “the ALJ‘s suggestion that [her] course of treatment along with modest improvement and stabilization is inconsistent with a finding of disability is erroneous.”20 But the ALJ was permitted to consider the treatment of Ms. Pufahl‘s conditions and the effectiveness of that treatment in support of his credibility analysis. See Grotts, 27 F.4th at 1278; Deborah M. v. Saul, 994 F.3d 785, 790 (7th Cir. 2021) (citing
Ms. Pufahl also contends that “[t]he ALJ ... erred by discounting [her] allegations because she engages in activities of daily living.”21 She states that “the ALJ conceded they do not show the ability to perform full-time work.”22 But Ms. Pufahl extracts this statement from its context. The ALJ stated, “While this evidence [of Ms. Pufahl‘s daily activities] does not establish that she could engage in fulltime employment, it is one factor to consider when evaluating the overall level of functioning.”23 Thus, as he was permitted to do, the ALJ considered Ms. Pufahl‘s daily activities as a factor alongside numerous other considerations in evaluating her subjective statements and ultimately finding her statements to be not entirely consistent with the evidence. See Jeske v. Saul, 955 F.3d 583, 593 (7th Cir. 2020); Deborah M., 994 F.3d at 791; Grotts, 27 F.4th at 1278. The ALJ did not err in his cоnsideration of Ms. Pufahl‘s daily activities.
The ALJ provided specific, well-supported reasons for discounting Ms. Pufahl‘s subjective complaints. That determination is not patently wrong and therefore provides no basis for overturning the ALJ‘s credibility determination.
C.
Lastly, we address Ms. Pufahl‘s argument that the ALJ‘s hypothetical question posed to the VE did not accurately describe all her mental limitations. The question was:
Assume a hypothetical individual of the claimant‘s age and education and with the past jobs that you just described. Further assume that this hypothetical individual is limited to light work, as defined in the regulations and then is further limited as follows. Can occasionally climb ramps and stairs, balance, stoop, kneel, crouch and crawl. Can never climb ladders, ropes or scaffolds. Must avoid hazards, such as unprotected heights, moving mechanical parts and operating a motor vehicle. Can tolerate moderate noise in the work environment and lighting no brighter than in a typical office environment. Can tolerate occasional exposure to dust, odors, fumes аnd other pulmonary irritants. Can perform simple and routine tasks. Can maintain attention and concentration for two-hour segments. Can make simple work-related decisions. Can tolerate occasional changes in a routine work setting. Can frequently interact with supervisors
and coworkers and occasionally interact with the public. Given that hypothetical individual, could the hypothetical individual perform any of claimant‘s past work?24
Ms. Pufahl submits that the question “failed to describe sufficient limitations in [her] ability to concentrate over a period of time and persist at tasks.”25 Her argument relies primarily on our cases that have held that terms such as “simple, routine, and repetitive tasks” do not account adequately for issues of concentration, persistence, or pace. See, e.g., Varga v. Colvin, 794 F.3d 809, 814–15 (7th Cir. 2015); Crump v. Saul, 932 F.3d 567, 570 (7th Cir. 2019).
Indeed, “[i]n most cases, ... employing terms like ‘simple, repetitive tasks’ on their own will not necessarily exclude from the VE‘s consideration those positions that present significant problems of concentration, persistence and pace.” O‘Connor-Spinner v. Astrue, 627 F.3d 614, 620 (7th Cir. 2010). However, the ALJ here included a further limitation beyond simple and routine tasks by limiting the hypothetical claimant to only being able to “maintain attention and concentration for two-hour segments.”26 The ALJ thus expressly included Ms. Pufahl‘s moderate limitations in concentration, persistence, or pace in the hypothetical question posed to the VE.27
Substantial evidence supports the ALJ‘s conclusion that the restrictions in the hypothetical question sufficiently addressed Ms. Pufahl‘s issues of concentration, persistence, and pace.
Conclusion
The judgment of the district court is affirmed.
AFFIRMED
Notes
She further submits that the ALJ erred by considering Dr. Reshel‘s treatment of her migraines with prophylactic medication to be “conservative.” Appellant‘s Br. 40. She also contends that the ALJ erred by “rejecting” Dr. Knoernschild‘s opinions because she states that fibromyalgia cannot be treated through aggressive means like surgery. Id. We find no error with the ALJ‘s characterization of the treatments аt issue as conservative. As the district court noted, the ALJ appeared to consider Dr. Reshel‘s treatment conservative because Dr. Reshel increased the dosage of the prophylactic medication that Ms. Pufahl was taking for her migraines, rather than trying a new medication or prescribing an abortive medication. Dr. Reshel later noted in March 2021 that Ms. Pufahl‘s use of other medications was successful. He also then increased the dosage of her prophylactic medication and noted that if that adjustment was not beneficial, they would consider a trial of an injectable inhibitor. Under these circumstances, we see no error in the ALJ‘s characterization of this particular treatment as conservative. See Baptist v. Kijakazi, 74 F.4th 437, 445 (7th Cir. 2023).
Ms. Pufahl‘s argument as to Dr. Knoernschild‘s assessment proceeds on an incorrect assumption. The ALJ stated that Dr. Knoernschild‘s progress notes documented Ms. Pufahl‘s reports of a back injury, “largely unremarkable x-rays of [her] lumbar spine[,] and Dr. Knoernschild‘s recommendation for fairly conservative treatment such as medication and physical therapy.” A.R. 1344. The ALJ therefore was commenting on the treatment of Ms. Pufahl‘s bаck injury, not her fibromyalgia. In characterizing the treatment of Ms. Pufahl‘s migraine symptoms and back injury as conservative, the ALJ considered Ms. Pufahl‘s conditions and treatment, as he was required to, and further supported his credibility analysis. See Deborah M. v. Saul, 994 F.3d 785, 790 (7th Cir. 2021) (holding that when an ALJ mentioned the lack of impingement on the claimant‘s spine and the lack of treatment for her spinal issues, the ALJ was properly considering the claimant‘s condition and treatment and providing facts supportive of her credibility analysis); see also Prill, 23 F.4th at 749 (holding that the ALJ did not err in considering the claimant‘s conservative treatment of injections, orthotics, and physical therapy). The ALJ did not err in doing so.
Like the district court, we also conclude Ms. Pufahl‘s claim that “the only medical findings relevant to fibromyalgia are the presence of tender points and associated symptoms” is not legally supported. Appellant‘s Br. 39. The ALJ is permitted to consider evidence beyond tender points and associated symptoms to determine the severity and functional effects of a claimant‘s fibromyalgia. SSR 12-2p, 2012 WL 3104869 (July 25, 2012). As the district court also stated, the ALJ reasonably considered evidence documenting Ms. Pufahl‘s full range of motion in the spine and extremities, normal gait, and intact strength and sensation. These findings were relevant to Ms. Pufahl‘s back pain.
In addition, Ms. Pufahl relatedly argues that “[t]he ALJ failed to cite to any specific medical facts or to even persuasive non-medical evidence that supports the physical RFC finding ... after dismissing all the available medical opinions on the issue.” Appellant‘s Br. 43. This criticism is also unpersuasive. The ALJ had to “consider the entire record,” but did not need “to rely entirely on a particular physician‘s opinion or choose between the opinions [of] any of the claimant‘s physicians.” Schmidt v. Astrue, 496 F.3d 833, 845 (7th Cir. 2007). The ALJ here considered the entire record and many physicians’ opinions in coming to the ultimate RFC finding.