Wiese v. AstrueWiese v. Astrue
Christina Wiese appeals from the district court’s 1 order affirming the Commissioner’s denial of supplemental security income. We affirm.
I. BACKGROUND
At the time of the 2006 hearing before the Administrative Law Judge (ALJ), Wiese was twenty-five years old and unemployed. The last time she worked was in 2003, and even then only for two months. Although she had originally filed for benefits under Title II and Title XVI, only her application for supplemental security income remained unresolved.
Wiese filed for disability in 2001 on the basis of her polycystic ovarian syndrome, morbid obesity, fatigue, severe pain, panic attacks and headaches. By her own estimation she did not, at any time during the relevant time period, weigh less than 350 pounds and states she is 5'5" tall. At the time of the most recent hearing, the ALJ considered the following severe combination of impairments: polycystic ovarian disorder, hypothyroidism, obesity, glucose intolerance, a history of asthma, allegations of medically determinable impairments resulting in complaints of pain in multiple joints, major depressive disorder, a history of panic attacks and anorexia, a history of possible bipolar affective disorder, obsessive compulsive disorder and general anxiety disorder. These impairments did not, however, in combination, meet or medically equal one of the listed impairments. Additionally, Wiese amended her onset date, through her attorney, to May 31, 2004, at this hearing.
Based on a review of the evidence, including Wiese’s own testimony at the August 2006 hearing, the ALJ determined Wiese was not disabled. In doing so, the ALJ held that Wiese had the residual functional capacity (RFC) to lift between
After the Appeals Council denied Wiese’s request for review, she filed a complaint in federal district court. The district court affirmed the Commissioner’s decision.
On appeal Wiese argues that the Commissioner’s decision should be reversed because the ALJ failed to adequately consider the medical opinions of Wiese’s treating physicians, primarily Dr. Doyle, her psychiatrist, and her therapist, Judy Proehas-ka, and gave too much weight to the testimony of the non-examining medical expert. She further argues that the ALJ failed to evaluate Wiese’s extreme obesity as it might affect her ability to sleep and perform work activities, and failed to include her diagnosed ailments of fibromyalgia and restless leg syndrome in his analysis. Finally, Wiese claims that the ALJ failed to adequately elaborate on the adverse credibility finding in this case.
II. DISCUSSION
“We will uphold the Commissioner’s decision if it is supported by substantial evidence on the record as a whole.”
Finch v. Astrue,
With these guidelines in mind, we turn to the record in this case.
A. Treating Physician Evidence
According to Wiese, substantial evidence does not support a finding that she can perform sedentary semi-skilled work. Wiese contends that the ALJ erroneously disregarded selected opinions of, primarily, her treating psychiatrist, Dr. Doyle, and her therapist, Judy Prochaska, without good cause and instead relied upon the opinion of Dr. Ascheman, a medical expert who did not personally examine Wiese. The Social Security Administration (SSA) regulations establish that an ALJ will evaluate every medical opinion, regardless of its source, and sets forth how the ALJ weighs medical opinions. According to 20 C.F.R. § 404.1527(d)(2), the ALJ will give controlling weight to a treating source’s
Wiese claims that the ALJ “gave no weight whatsoever” to the opinions of Judy Prochaska, a licensed social worker, and Dr. Doyle, a psychiatrist who treated Wiese “for several years.” However, the ALJ did not entirely disregard the opinions of these treating sources, but rather found that the medical evidence as a whole did not support a finding of disability. The ALJ gave greater weight to the testimony of the medical expert, the claimant’s self reports and the testimony of the claimant.
Wiese argues on appeal that there are no inconsistencies in this record regarding the effects of her obesity on her mental state nor on the effects of restless leg syndrome on her ability to sleep and overcome daytime sleepiness. Nor does this record, she claims, reflect any inconsistencies regarding her “severely restricted” social and daily living activities. Wiese points out that Dr. Rabinowitz noted that Wiese’s knees were swollen and limited in their range of motion, which Wiese claims contradicts the ALJ’s finding that she can stand for six hours in an eight-hour day. She also highlights that the record is replete with evidence that she is depressed and has low-self esteem, is limited in her daily activities that include no visitations, no social activities and only occasional house cleaning. Dr. Doyle noted in September 2006 that Wiese was isolated, homebound, and not realistically employable. Wiese herself testified that she has no friends and does not partake in any regular activities. She paints a picture of herself as homebound and immobilized by her excessive weight and low self-esteem. Specifically as to Dr. Doyle, who treated Wiese for two years from March 2004 to July 2006, Wiese indicated two months before her onset date of May 31, 2004, that she did feel better overall. She stresses, however, that her condition only worsened thereafter and in September, she self-reported that she was doing “really bad.”
There are inconsistencies in this record, however. First, the discussion by Dr. Ra-binowitz about Wiese’s knees and range of motion took place in 2001 during a disability examination well before the relevant onset date. Further, there is no diagnosis or suggested treatment plan in Dr. Rabi-nowitz’s notes. Likewise, in 2005, Dr. Doyle continued to monitor Wiese’s self-esteem, anxiety, mood, and concentration and ranked various areas of observation on his own scale of zero to ten, with zero being “the worst in my life.” Between June 2005 and August 2005 these rankings revealed that in the areas of self-esteem, anxiety, mood and concentration, Dr. Doyle ranked Wiese between 1.5 and 6, with only one instance of a 1.5 ranking, one ranking at a 2.5, and nine instances of rankings at or above 4.5 on his scale. On the whole, these assessments do not indicate the severity of symptoms and restrictions Wiese highlights. Dr. Doyle did, however, establish Wiese’s diagnoses for “major depression, attention-deficit, hyperactivity disorder and morbid obesity.” Dr. Doyle diagnosed Wiese with ADD or ADHD from at least March 2004 through July 2006.
Further, in the summer of 2005, Dr. Doyle saw Wiese and detailed her subjective self-reports. When Wiese complained of anger management issues and personal
Judy Prochaska, a treating therapist Wiese highlights as being forgotten in the ALJ’s opinion, performed an initial assessment on Wiese in December 2003, before the relevant onset date at issue here. This assessment also indicated Wiese’s affect was “congruent,” her intellectual functioning average and her thought content logical and relevant. As a result of this assessment, Prochaska recommended individual therapy. It appears from the record that Wiese continued treatment with Prochaska for approximately eight sessions with the same assessment. Wiese requested that Prochaska close her case in January 2004. On appeal, Wiese fails to articulate what, exactly, the ALJ failed to consider regarding Prochaska’s treatment notes. The ALJ addressed Prochaska’s treatment notes, even though this treatment pre-dated the relevant onset date, and acknowledged that these treatment notes tend to show merely continued care and complaints. Prochaska’s checklist form regarding Wiese’s work-related activities and ability completed in January 2004 adds very little to the discussion as Prochaska rates Wiese “good” and “fair” in all areas, only indicating that Wiese might average four absences per month at work. This evidence in no way detracts from the ALJ’s assessment.
The ALJ was entitled to consider all of the evidence in the record.
Vandenboom v. Barnhart,
We emphasize that it is not for this panel to reweigh the evidence. That we might be inclined to come out differently on this issue is of no accord. Quite simply, reasonable minds could come to the same conclusion as the ALJ on this record.
B. Evidence of Other Diagnoses
Wiese also contends that the ALJ did not properly consider her obesity and how her excessive weight contributed to or exacerbated her other physical or mental ailments — namely a sleep disorder and de
Additionally, Wiese claims the ALJ failed to mention particular diagnoses entirely in the severity finding, namely restless leg syndrome and fibromyalgia, and how they affect her ability to sleep and the effects of that lack of sleep on her ability to perform tasks. Her basis for establishing a fibromyalgia diagnosis is based upon notes written by Dr. Rabinowitz in November 2001 indicating that Wiese presented with “probable chronic fibromyalgia.” As to the restless leg syndrome, Wiese cites a letter written by Dr. Thakkar in August 2002 after an examination of Wiese, wherein he notes that Wiese complains of restless leg syndrome. He does not diagnose her with such, however. And, later 2003 notes from the Davenport Clinic indicate treatment for restless leg syndrome. Notwithstanding the fact that the medical evidence regarding these two ailments predates the relevant onset date here, and there is little medical evidence supporting these allegations after the onset date, the ALJ did consider Wiese’s self-claimed, persistent fatigue as well as her treatment for such, in his findings, which is the effect Wiese now argues was not analyzed. Substantial evidence supports the ultimate analysis.
C. Wiese’s Credibility
Reviewing the Polaski
2
factors, Wiese claims that the ALJ failed to make a “formal finding on credibility.” She correctly states that an ALJ may not discount a claimant’s subjective complaints solely because the objective medical evidence does not fully support them. SSR 96 — Tp;
Polaski v. Heckler,
The ALJ specifically held that Wiese’s “medically determinable impairments could reasonably be expected to produce the alleged symptoms,” but clearly stated that in his opinion her “statements concerning the intensity, persistence and limiting effects of these symptoms are not entirely credible.” The ALJ then went on to apply the correct legal standard for evaluating a claimant’s subjective allegations, including complaints of pain.
See Polaski,
Even though the ALJ did not, as Wiese points out, discuss specifically which of Wiese’s allegations he found incredible, it is apparent from the opinion’s entirety that the inconsistencies between the medical evidence, Wiese’s own claims, and Wiese’s daily activities form the basis of the ALJ’s
III. CONCLUSION
We agree with the ALJ’s conclusion in this case that, while severe, Wiese’s impairments are not so limiting that she is unable to work. For the reasons stated herein, we affirm.