Melissa C. Pirtle applied for disability insurance benefits (“DIB”) and supplemental security income benefits (“SSI”) pursuant to Titles II and XVI of the Social Security Act, 42 U.S.C. § 405. Pirtle’s applications for benefits were denied by the Commissioner of the Social Security Administration (“Commissioner”). The district court 2 affirmed the decision of the Commissioner. From that decision, Pirtle appeals. We affirm.
I.
Pirtle applied for benefits on June 15, 2001. At the time of the administrative law judge’s (“ALJ”) decision, Pirtle was thirty-two years old and had a high school education. She had past relevant work experience as a sewing machine operator, dairy laborer, and dairy milking machine operator. Pirtle alleged an onset date of April 1, 2000, in her applications for benefits. However, the onset date was later amended to reflect the alleged onset date of June 7, 2001. The amendment was necessary to properly reflect the relevant periods of her prior unsuccessful applications for benefits, from which she sought no judicial review.
Pirtle alleged she was entitled to disability benefits due to degenerative joint disease of the knee, fibromyalgia, joint pain, headaches, stomach pain, heart palpitations, fatigue, neck strain, gastritis, lumbar pain and strain, scoliosis, and thoracic strain. Following the sequential analysis, the ALJ first found that Pirtle had not engaged in substantial gainful activity during the relevant period. At steps two and three of the sequential analysis, the ALJ found that Pirtle’s impairments were “severe” within the meaning of the Social Security Act, but that the impairments did not meet or equal any listed impairment. At the fourth step, the ALJ determined that Pirtle had the residual functional capacity (“RFC”) to perform a significant range of light work, including the ability to “occasionally lift 20 pounds and frequently
On December 10, 2008, the administrative law judge (“ALJ”) issued the final decision of the Commissioner denying Pir-tle’s claims. Following the denial of review by the Appeals Council, Pirtle appealed the denial of benefits to the district court. The district court affirmed the findings of the Commissioner. From that decision, Pirtle appeals.
On appeal, Pirtle argues that the ALJ erred by: 1) declining to give controlling weight to the opinion of her primary treating physician; 2) failing to consider the severity and disabling nature of fibromyal-gia; and 3) finding her testimony less than fully credible.
II.
This court reviews a district court’s decision upholding the denial of social security benefits
de novo. Pelkey v. Barnhart,
III.
Pirtle argues that the ALJ erred in failing to give appropriate and controlling weight to the opinion of Michael D. Ball, D.O., her primary treating physician. We are not persuaded by Pirtle’s argument.
A treating physician’s opinion is due “controlling weight” if that opinion is “ ‘well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in [the] record.’”
Prosch v. Apfel,
Dr. Ball completed two RFC assessments for Pirtle. The first was completed on March 16, 2001, and the second was
In the July 18, 2003, RFC assessment, Dr. Ball stated that Pirtle had the following abilities and restrictions: frequently lift/carry ten pounds; occasionally lifl/car-ry twenty-five pounds; stand/walk for four hours; sit for four hours; unlimited push/ pull; frequently balance; occasionally climb, stoop, kneel, crouch and bend; frequently reach, handle, finger and feel; environmental restrictions include heights and climbing; and, estimated that it would be helpful in coping with symptoms to rest thirty minutes every three hours during an eight hour workday.
Following a review of the medical evidence and the administrative hearing, the ALJ determined that Pirtle has the following RFC:
occasionally lift 20 pounds and frequently carry 10 pounds, stand and walk a total of 4 hours daily, 2 hours at a time ... sit 4 hours daily, for 1 hour at a time ... occasionally climb, stoop, kneel, crouch, and bend ... should avoid heights and hazardous unprotected moving equipment ... would benefit from 15 minute rest periods every 3 hours.
As the ALJ noted, the RFC finding “is consistent with Dr. Ball’s [July 18, 2003] assessment, with the exception of his estimate of 30 minute rest periods, which is inconsistent with the assessment of claimant’s treating rheumatologist, and with the other evidence of record.”
Pirtle argues that the ALJ improperly disregarded the opinion of her treating physician because the ALJ relied on the RFC analysis of her treating rheumatologist. Pirtle correctly notes that the RFC analysis of the treating rheumatologist was conducted on March 26, 2001, while her previous applications for benefits were pending and prior to the relevant time period for the applications for benefits now before the court. We have previously found that the ALJ may consider all evidence of record, including medical records and opinions dated prior to the alleged onset date, when there is no evidence of deterioration or progression of symptoms.
Vandenboom v. Barnhart,
The ALJ properly relied on the portion of Dr. Ball’s opinion which was supported by substantial record evidence and properly disregarded the unsupported advisory portion of the treating physician’s RFC opinion. The record establishes that Dr. Ball saw Pirtle numerous times during the relevant time period for a wide variety of complaints, including sinusitis, cough, congestion, GERD, palpitations, fibromyalgia, joint pain and frequent requests for medication refills. The ALJ determined that
Next, Pirtle contends that the ALJ erred in his consideration and analysis of the severity of her fibromyalgia. We reject Pirtle’s challenge. We have previously recognized that fibromyalgia is a chronic condition which is difficult to diagnose and may be disabling,
Garza v. Barnhart,
Finally, Pirtle asserts that the ALJ erred in finding Pirtle’s testimony less than credible. We cannot agree with Pir-tle’s assertion, because the ALJ’s credibility determination was based on valid reasons.
See Gregg v. Barnhart,
Accordingly, we affirm the judgment of the district court.
Notes
. Honorable Richard E. Dorr, United States District Judge for the Western District of Missouri.
