Opinions and documents
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
KELLY GIBBS,
Plaintiff,
v. CASE NO. 6:22-CV-719-MAP
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
______________________________________/
ORDER
This is an action for review of the administrative denial of disability insurance
benefits (DIB), period of disability benefits, and supplemental security income benefits
(SSI). See 42 U.S.C. § 405(g). Plaintiff argues that the agency’s decision is not
supported by substantial evidence because the Administrative Law Judge (ALJ) did
not properly weigh the medical source opinion from her treating psychiatrist. After
considering Plaintiff’s brief (doc. 21), the Commissioner’s brief (doc. 22), Plaintiff’s
reply (doc. 23), and the administrative record (doc. 15), I find the ALJ’s decision that
Plaintiff is not disabled is supported by substantial evidence.1
1 The parties have consented to my jurisdiction. See 28 U.S.C. § 636(c).
I. Background
Plaintiff Kelly Gibbs, born on November 13, 1967, was 48 years old on her
alleged amended disability onset date, March 31, 2016 (Tr. 114). She claims disability
due to rheumatoid arthritis in all major joints, supraventricular tachycardia, anxiety,
and depression (Tr. 180). Plaintiff attended two years of college and has past relevant
work as an administrative clerk (Tr. 52). She testified that in 2013 she was let go from
her last job because she was making a lot of mistakes (Tr. 53).
Given her alleged disability, Plaintiff filed applications for Disability Insurance
Benefits and Supplemental Security Income (SSI) (Tr. 485-493, 495-503). The Social
Security Administration (SSA) denied Plaintiff’s claims both initially and upon
reconsideration (Tr. 179-201, 205-226). Plaintiff then requested an administrative
hearing (Tr. 336). Per Plaintiff’s request, the ALJ held a telephonic hearing on April
17, 2020, due to the extraordinary circumstances presented by the Coronavirus
Disease 2019 (Covid-19) Pandemic (Tr. 99-152). Following the hearing, the ALJ
issued a decision on June 4, 2020 (Tr. 272-295). The ALJ opined that Plaintiff was
not disabled (Tr. 289). The Appeals Council granted Plaintiff’s request for review, and
remanded the matter to an ALJ for resolution of four particular issues. See AC Order,
Tr. 296-301.
A new ALJ held a telephonic hearing on June 16, 2021 (Tr. 42-75). Following
the hearing, that ALJ issued a decision on July 28, 2021 (Tr. 13-41). In rendering the
administrative decision, the ALJ concluded that Plaintiff met the insured status
requirements through December 31, 2019, and had not engaged in substantial gainful
activity since her alleged amended onset date, March 31, 2016 (Tr. 18-19). After
conducting a hearing and reviewing the evidence of record, the ALJ determined that
Plaintiff had the following severe impairments through the date last insured:
degenerative disc disease; migraines/headaches; obesity; depressive, bipolar, and
related disorders; and anxiety and obsessive-compulsive disorders (Tr. 19).
Notwithstanding the noted severe impairments, the ALJ determined that Plaintiff did
not have an impairment or combination of impairments that met or medically equaled
one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 (Tr. 20).
The ALJ then concluded that Plaintiff retained a residual functional capacity (RFC)
to perform light work as defined in 20 CFR 404.1567(b) and 416.967(b) with the
following limitations:
… the claimant can frequently stoop and kneel. The claimant can
occasionally balance, crouch, crawl, and climb ramps and stairs. The
claimant can never climb ladders, ropes, or scaffolds. The claimant is
limited to occupations allowing for a sit/stand option, defined as allowing
a person to sit or stand alternatively, at will, provided an individual is within
employer tolerances for off-task behavior. The claimant must avoid
concentrated exposure to hazards such as the use of moving machinery and
unprotected heights. The claimant is limited to occupations with no more
than a moderate noise intensity level as that term is defined by the
Dictionary of Occupational Titles. The claimant is limited to simple,
routine, and repetitive tasks performed in a work environment free of fast-
paced production requirements, and involving only simple work-related
decisions and routine workplace changes. The claimant is limited to no
interaction with the public and only occasional interaction with coworkers
and supervisors.
(Tr. 23). In formulating Plaintiff’s RFC, the ALJ considered 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 C.F.R.
404.1529, 419.929, and SSR 16-3p (Tr. 24).
The ALJ opined that Plaintiff is unable to perform her past relevant work as an
administrative clerk (Dictionary of Occupational Titles number (DOT) 219.362-010)
(Tr. 32). Given Plaintiff’s background, and the RFC, the vocational expert (VE)
testified that Plaintiff could perform other jobs existing in significant numbers in the
national economy, such as the jobs of routing clerk (DOT 222.687-022, SVP 2, Light),
with approximately 104, 820 jobs available nationally; checker (DOT 222.687-010,
SVP 2, Light), with approximately 8,796 jobs available nationally; and router (DOT
222.587038, SVP 2, Light), with approximately 34,924 jobs available nationally. (Tr.
33). Accordingly, based on Plaintiff’s age, education, work experience, RFC, and the
testimony of the VE, the ALJ found Plaintiff not disabled (Tr. 33). Plaintiff then timely
appealed, and the Appeals Council denied her request for review (Tr. 1-7). Thereafter,
Plaintiff filed a complaint with this Court (Doc. 1). The case is now ripe for review
under 42 U.S.C. §§ 405(g), 1383(c)(3).
II. Standard of Review
To be entitled to benefits, a claimant must be disabled, meaning he or she 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
twelve months. 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A). A “physical or mental
impairment” is an “impairment that results from anatomical, physiological, or
psychological abnormalities, which are demonstrable by medically acceptable clinical
and laboratory diagnostic techniques.” 42 U.S.C. §§ 423(d)(3), 1382c(a)(3)(D).
To regularize the adjudicative process, the SSA promulgated the detailed
regulations currently in effect. These regulations establish a “sequential evaluation
process” to determine whether a claimant is disabled. 20 C.F.R. §§ 404.1520, 416.920.
If an individual is found disabled at any point in the sequential review, further inquiry
is unnecessary. 20 C.F.R. §§ 404.1520(a), 416.920(a). Under this process, the ALJ
must determine, in sequence, the following: whether the claimant is currently engaged
in substantial gainful activity; whether the claimant has a severe impairment, i.e., one
that significantly limits the ability to perform work-related functions; whether the
severe impairment meets or equals the medical criteria of 20 C.F.R. Part 404 Subpart
P, Appendix 1; and whether the claimant can perform his or her past relevant work.
20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). If the claimant cannot perform the tasks
required of his or her prior work, step five of the evaluation requires the ALJ to decide
if the claimant can do other work in the national economy in view of his or her age,
education, and work experience. 20 C.F.R. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v). A
claimant is entitled to benefits only if unable to perform other work. Bowen v. Yuckert,
482 U.S. 137, 140-42 (1987); 20 C.F.R. §§ 404.1520(g)(1), 416.920(g)(1).
The ALJ, in part, decides Plaintiff’s claim pursuant to regulations designed to
incorporate vocational factors into the consideration of disability claims. See 20 C.F.R.
§§ 404.1501, et seq. These regulations apply in cases where an individual’s medical
condition is severe enough to prevent him from returning to his former employment
but may not be severe enough to prevent him from engaging in other substantial
gainful activity. In such cases, the regulations direct that an individual’s residual
functional capacity, age, education, and work experience be considered in determining
whether the claimant is disabled. These factors are codified in tables of rules that are
appended to the regulations and are commonly referred to as “the grids.” 20 C.F.R.
Part 404, Subpart P, App. 2. If an individual’s situation coincides with the criteria
listed in a rule, that rule directs a conclusion as to whether the individual is disabled.
20 C.F.R. §§ 404.1569, 416.969. If an individual’s situation varies from the criteria
listed in a rule, the rule is not conclusive as to an individual’s disability but is advisory
only. 20 C.F.R. §§ 404.1569a, 416.969a.
A determination by the Commissioner that a claimant is not disabled must be
upheld if it is supported by substantial evidence and comports with applicable legal
standards. See 42 U.S.C. §§ 405(g), 1383(c)(3). “Substantial evidence is more than a
scintilla and is such relevant evidence as a reasonable person would accept as adequate
to support a conclusion.” Winschel v. Comm’r of Soc. Sec., 631 F.3d 1176, 1178 (11th
Cir. 2011) (citation and internal quotation marks omitted). While the court reviews
the Commissioner’s decision with deference to the factual findings, no such deference
is given to the legal conclusions. Ingram v. Comm’r of Soc. Sec., 496 F.3d 1253, 1260
(11th Cir. 2007) (citations omitted).
In reviewing the Commissioner’s decision, the court may not reweigh the
evidence or substitute its own judgment for that of the ALJ, even if it finds that the
evidence preponderates against the ALJ’s decision. Mitchell v. Comm’r of Soc. Sec., 771
F.3d 780, 782 (11th Cir. 2014); Winschel, 631 F.3d at 1178 (citations omitted);
Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir. 1983). The Commissioner’s
failure to apply the correct law, or to give the reviewing court sufficient reasoning for
determining that he or she has conducted the proper legal analysis, mandates reversal.
Ingram, 496 F.3d at 1260 (citation omitted). The scope of review is thus limited to
determining whether the findings of the Commissioner are supported by substantial
evidence and whether the correct legal standards were applied. 42 U.S.C. § 405(g);
Wilson v. Barnhart, 284 F.3d 1219, 1221 (11th Cir. 2002) (per curiam) (citations omitted).
III. Discussion
Plaintiff raises only one issue: that the ALJ’s decision is not supported by
substantial evidence because the ALJ did not properly weigh the opinions of her
treating psychiatrist, Vinutha Reddy, M.D. In particular, Plaintiff asserts that the ALJ
erred by finding “unpersuasive” Dr. Reddy’s opinions that she is extremely limited in
her ability to interact with others; and that she is markedly limited in her ability to
understand, remember, or apply information; concentrate, persist, or maintain pace;
and adapt or manage oneself. Plaintiff also asserts the ALJ erred in evaluating Dr.
Reddy’s opinions that she has extreme limitations in understanding and carrying out
detailed but uninvolved written or oral instructions; could only maintain concentration
and attention for less than thirty minutes at a time; that she is unable to maintain
regular attendance and punctuality within customary tolerances; that she requires
enhanced supervision; that she cannot not work appropriately with the public or
coworkers; and can only sometimes do so with supervisors; that she does not have the
ability to maintain socially appropriate behavior; that she cannot respond
appropriately to changes in the work setting; and that her impairments would cause
her to be off task for twenty-five percent of the workday and absent more than four
days per month (Tr. 2567-2568). Plaintiff questions the ALJ’s finding that Dr. Reddy’s
opinion was unsupported as it appeared to be largely based on her own allegations and
her finding that Dr. Reddy’s opinion was inconsistent with objective medical evidence
and her reported daily activities and functioning. She states that the ALJ failed to
recognize that mental health providers rely at least in part on their patients’ subjective
allegations. She also asserts that the ALJ must “build an accurate and logical bridge”
between the evidence and her findings by explaining how she considered the
supportability and consistency factors. Accordingly, Plaintiff maintains that remand
is warranted.
In response, the Commissioner states that after thoroughly discussing the 2,500-
page record and considering various other opinions (that Plaintiff does not contend
the ALJ incorrectly considered), the ALJ properly considered Dr. Reddy’s opinion.
The Commissioner maintains that the ALJ complied with the new regulations and
that substantial evidence supports her decision.
The Social Security Administration revised its regulations regarding
consideration of medical evidence and those revisions are applicable to all claims filed
after March 27, 2017. See 82 Fed. Reg. 5844-01, 2017 WL 168819 (Jan. 18, 2017).
Because Plaintiff filed her claim March 21, 2018, the revised regulations apply. 20
C.F.R. §§ 404.1520c, 416.920c. Under the new regulations, the ALJ is not required to
give specific weight to a treating source opinion. The ALJ must, however, evaluate
and articulate the persuasiveness of a medical opinion by considering several factors,
including whether the opinion is supported by the evidence, the length of treatment
relationship and relationship with the claimant, and the specialization of the provider.
20 C.F.R. §§ 404.1520c(c), 416.920c(c). The primary factors an ALJ will consider
when evaluating the persuasiveness of a medical opinion are supportability and
consistency. 20 C.F.R. §§ 404.1520c(a) & (b)(2); 416.920c(a) & (b)(2). Specifically,
the more a medical source presents objective medical evidence and supporting
explanations to support the opinion, the more persuasive the medical opinion will be.
20 C.F.R. §§ 404.1520c(c)(1); 416.920c(c)(1). Further, the more consistent the medical
opinion is with the evidence from other medical sources and nonmedical sources, the
more persuasive the medical opinion will be. 20 C.F.R. §§ 404.1520c(c)(2),
416.920c(c)(2). Beyond supportability and consistency, an ALJ may also consider the
medical source’s specialization and the relationship the medical source maintains with
the claimant, including the length of the treatment relationship, the frequency of
examinations, the purpose of the treatment relationship, the extent of the treatment
relationship, and whether the medical source examined the claimant, in addition to
other factors. 20 C.F.R. §§ 404.1520c(c)(3)(i)-(v), (4), & (5); 416.920c(c)(3)(i)-(v), (4),
& (5).
In evaluating the persuasiveness of Dr. Reddy’s opinion, the ALJ stated:
In May 2021, Dr. Reddy stated that the claimant experienced marked and
extreme mental impairment limitations (Exhibit B37F). The undersigned finds
this opinion evidence unpersuasive. The assessment is unsupported by clinical
records and appears to be largely based upon the claimant’s allegations (Id. at
6-9). Dr. Reddy’s assessment is also inconsistent with the objective medical
evidence, as well as the claimant’s activities of daily living and reported
functioning, which has included travel to Florida. The objective, medical and
overall evidence is consistent with no more than moderate limitations as
discussed at Finding 4 above and herein (Exhibits B1F/23; B2F/5-6;
B4F/315,331,334,339-340, 344, 351, 360, 362, 365, 371- 372,378,386-387,392-
393,404,413,423,435-436,444,451,456,463,472,485,506,516-517, 537, 542-
543; B5F/51; B8F/8,11,14,24,27,31,43,58,105,110; B9F/5,8,22;
B12F/7,11,16; B13F/4,7; B15F/2,9; B16F/8,30; B18F/8; B21F/17-18,32-
33,35,39,42-43; B22F/6,43,55; B23F/5; B25F/8- 10,14; B26F/4; B29F/8,19;
B34F/5; B35F/4,7-8,53; B36F/5,22).
(Tr. 31). While the ALJ’s discussion of Dr. Reddy’s opinions is brief, her earlier
discussion of the medical evidence provides additional support. In particular, the ALJ
explained that the medical evidence does not support Plaintiff’s assertions of disabling
mental impairments and symptoms (Tr. 29). The ALJ discussed specific evidence of
Plaintiff’s mental status examinations; her ability to cooperate pleasantly with
examiners; and her normal mood, affect, thought process, thought content, attention,
concentration, memory, judgment, and insight (Tr. 29). The ALJ also noted Plaintiff’s
denial of anxiety and depression, nervousness, mood swings, and memory deficits (Tr.
29). The ALJ accurately summarized consultative examiner Dubey’s report, noting
Plaintiff’s logical thought process and poor concentration with a need for redirection
(but no need for repetition of simple questions or directions) (Tr. 29). The ALJ noted
Plaintiff’s calm but depressed and tearful demeanor, and her average intellect and
knowledge. The ALJ discussed her daily functioning, including her ability to maintain
relationships with her adult children and to date her ex-husband (Tr. 29). The ALJ
discussed Plaintiff’s emergency room visit under the Baker Act, noting that Plaintiff
reported to a law enforcement officer that “all of this was coming from a bipolar
schizophrenic friend of the family and that the claimant was concerned that he wanted
to steal $6,000 in cash that was in her house” (Tr. 28).2 The ALJ also noted that
Plaintiff used marijuana; reported she was unemployed due to disability from Ramsey
Hunt’s Disease; and reported anxiety due to her health complaints and her “living
situation” (she had no place of her own; she lived with her ex-husband one week, then
her daughter the next week) (Tr. 29).
As demonstrated by the above quote from the ALJ’s decision, the ALJ
addressed both the supportability and the consistency of Dr. Reddy’s opinion. The
ALJ found Dr. Reddy’s opinion unsupported by her own clinical records and
inconsistent with other record evidence (Tr. 31). Although the evidence shows
Plaintiff complained of depression, anxiety, and memory problems on some dates
during the relevant time frame, she generally displayed no distress and her mental
status examinations were largely normal. Dr. Reddy treated Plaintiff only from April
2020 through May 2021 (Tr. 2118, 2445-2469) and completed a Treating Source
Statement on May 19, 2021 (Ex. 37F). Notably, Dr. Reddy did not begin treating
Plaintiff until more than four years after her alleged amended onset date (March 31,
2016) (Ex. 37F). According to the initial evaluation, dated April 23, 2020, Plaintiff
was referred to Dr. Reddy by her neurologist, Dr. Huang. Plaintiff relayed to Dr.
2 As the ALJ noted, the ER records show that the wounds on her forearm and fingers
were consistent with an accidental injury and that she was sent home for not meeting
Baker Act criteria (rather than being admitted to the hospital) (Tr. 29).
Reddy that Dr. Huang “check[ed] her for dementia” and told her she did not have
dementia as her brain MRI and EEG were normal. Plaintiff reported to Dr. Reddy
that she is prescribed Cymbalta for pain and Trileptal for seizures (Tr. 2444). Dr.
Reddy explained that the Cymbalta could also be used to treat depression and anxiety
and suggested increasing her dosage. Plaintiff agreed. Progress notes from phone
appointments (due to Covid 19) from 2020 and 2021 with Dr. Reddy reveal that
Plaintiff spent time living with relatives in Florida and in Ohio. She reported that she
does not leave the house but tries to help with dinners and cleaning up in whatever
house she stays (Tr. 2515). The progress notes show telephonic appointments at
regularly scheduled intervals and indicate her treatment plan consistently included
medication management and supportive therapy (Tr. 2445-2471).
In discussing the persuasiveness of Dr. Reddy’s opinions, the ALJ cited to Dr.
Reddy’s initial evaluation (Tr. 31 citing to 35F/4, 7-8). This initial evaluation
indicates “phone evaluation. Pt in Florida” … “51 yr old single female, mother has no
place of her own, lives … between her son, daughter, and ex-husband who lives in
Florida now. Pt has a long [history] of depression, anxiety [increased] since 2012 when
she was diagnosed with multiple medical problems, affected her balance [ ] lethargy.
Treated [with] Cymbalta [and] Buspar- not taking as prescribed … chronic SI” (Tr.
2441). Another portion of Dr. Reddy’s initial psychiatric evaluation that the ALJ cited
states, “smokes marijuana ½ [ ] daily- onset 1 yr ago. Helps [with] nausea and
headache. Denies use of alcohol/ illicit drugs. [History] of abusive relationships.
They cheated on her. Trust has been a problem” (Tr. 2442). Dr. Reddy elaborated
on Plaintiff’s mental status findings, stating “Symptoms of depression chronic
[increased] recently … [with increased] anxiety, fear of getting sick.” (Tr. 2442).
In evaluating Dr. Reddy’s opinion, the ALJ also cited to Dr. Reddy’s treatment
notes, stating:
claimant received a treatment regimen that included medication and
counseling through 2021 (Exhibit B21F/31; B35F). The claimant denied SI
and HI. The objective, medical and overall evidence, including the course of
treatment, do not support disabling impairments and limitations for 12
continuous months or more.
(Tr. 29). Looking at Dr. Reddy’s treatment notes, I find substantial evidence to
support the ALJ’s statement. In particular, Dr. Reddy’s note from a May 7, 2020,
follow up phone appointment indicates Plaintiff reported that:
with [increased] dose of Cymbalta 60 mg bid mellow, calm, anxious feeling in
the tummy has improved. The suicidal thoughts are less frequent, no
intent/plan … her best friend from Columbus is visiting her in Florida she has
been out to beach [and] other places spending quality of time [with] friend. Pt
has talked about co-dependency [and] wanting to be independent. 3 wks ago,
had hearing SSDI
(Tr. 2443). Dr. Reddy commented on Plaintiff’s mental status:
“Appearance/Demeanor/ Activity/ Speech: [Social Security benefits] denied twice
before. If it gets approved she will have income of her own;” “Thought content –
symptoms of depression [and] anxiety are improving;” “Perception: [history of] …
hallucinations; “Mood/affect: better, even keeled;” “Suicidal ideations: not at
immediate risk” (Tr. 2445). In a subsequent note, dated June 4, 2020, Dr. Reddy
indicated “Pt [said current medications] helping to cope well with symptoms of
depression and anxiety. Help to clear distressing thoughts from past, started practicing
meditation, it is helping to be more aware of her internal thoughts and to be in the
present moment. She is still in Florida” (Tr. 2448). Dr. Reddy commented on
Plaintiff’s mental status: “Appearance/Demeanor/Activity/Speech: Sounded good
cooperative, coherent;” “Thought Process: logical, organized;” “Thought Content:
stable;” “Perception: no hallucinations;” “Suicidal/Homicidal Ideations: Not at
immediate risk;” “Cognition: intact;” “Insight/Judgment: good;” “Other: cut down
on smoking marijuana” (Tr. 2448). Dr. Reddy’s treatment notes from 2021 also
provide substantial evidence to support the ALJ’s conclusion that Dr. Reddy’s
treatment does not support disabling impairments and limitations for 12 continuous
months or more. In particular, Dr. Reddy’s February 18, 2021, treatment note states,
“… she is still in Florida, working temporarily as cook at MH group home” (Tr. 2468).
Dr. Reddy noted that “working as a cook keeping her occupied, making some money
… not depressed, coping well [with] anxiety” (Tr. 2468). Dr. Reddy’s March 18, 2021,
note states, “returning to Columbus to help son with newborn” (Tr. 2471).
Plaintiff complains about the ALJ’s comment that Dr. Reddy “largely based
[his opinions] upon the claimant’s allegations” (Doc. 21 at 13). Plaintiff is correct in
noting that the subjective nature of mental impairments necessitates at least some
reliance on a patient’s subjective reports (Doc. 21 at 13). See generally McVey v. Saul,
case no. 8:18-cv-2304-T-SPF, 2020 WL 2570073 (M.D. Fla. May 21, 2020) (citing
Roundtree v. Saul, case no. 8:18-cv-1524-T-SPF, 2019 WL 4668174, *4 (M.D. Fla. Sept.
25, 2019) (quoting Aurand v. Colvin, 654 F. App’x 831, 837 (7th Cir. 2016))) (a
“psychological assessment is by necessity based on the patient’s report of symptoms
and responses to questioning” and “it’s illogical to dismiss the professional opinion of
an examining psychiatrist or psychologist simply because the opinion draws from the
claimant’s reported symptoms”). This case, however, is not one where the ALJ
illogically dismissed a professional opinion simply because it draws from a claimant’s
reported symptoms. Rather, in this case, the ALJ noted that Dr. Reddy’s opinion was
“unsupported by clinical records and appears to be largely based upon the claimant’s
allegations.” See R. 31. My review of the record reveals substantial evidence that
supports the ALJ’s evaluation of the supportability of Dr. Reddy’s opinion.
Similarly, I find that there is substantial evidence to support the ALJ’s
evaluation of the consistency of Dr. Reddy’s opinion. As quoted above, the ALJ found
that Dr. Reddy’s opinion was inconsistent with the other evidence of record. In
particular, the ALJ opined that the medical evidence as a whole and Plaintiff’s ability
to care for herself and to maintain relationships with her adult children and ex-husband
(and to travel back and forth to stay with them) were consistent with the no more than
moderate limitations. Looking at the records the ALJ cited, I find support for this
conclusion. For instance, the ALJ cited to a note from Plaintiff’s treating neurologist,
Dr. Huang, dated April 18, 2019 (Tr. 2244-2245). At this office visit, Dr. Huang
reviewed Plaintiff’s brain MRI that showed no evidence of multiple sclerosis, her EEG
that was normal, and her bloodwork that was unremarkable. Dr. Huang opined that
Plaintiff “is very concerned about her memory and claimed that she cannot remember
anything however there seem[ ] to be [ ] psychogenic components” (Tr. 2244-2245).
The ALJ also cited to Plaintiff’s July 1, 2020, ER visit for complaints of chest pain.
The ER records show that Plaintiff presented with appropriate mood and affect and
normal judgment and insight. The ER doctor noted she had “multiple medical
problems that she reports, and my impression is she is a little bit somatically
preoccupied” (Tr. 2529). Lastly, the ALJ cited to a psychiatric diagnostic assessment
dated July 24, 2019, that shows Plaintiff reported her medications helped her, she
experienced no side effects from them, her mental health concerns had not ever
impacted her in the work setting, and she was currently unemployed due to disability
from Ramsey Hunts disease (Tr. 2501, 2502, 2511). As the ALJ noted, the voluminous
medical records in the main pertain to Plaintiff’s physical, not mental, health. And,
as the ALJ noted, these mental health records reveal that Plaintiff’s generalized anxiety
disorder required only medication management and supportive therapy (Tr. 2115-
2179, 2436-2524).
I find unavailing Plaintiff's argument that the ALJ did not build a logical bridge
between her finding and the evidence. (See Doc. 21 at 13; Doc. 23 at 3). The ALJ is
under no obligation to “bridge” every piece of evidence she finds inconsistent with a
specific opinion. In fact, the regulations suggest the opposite. See C.F.R. §§
404.1520c(b)(1), 416.920c(b)(1). The regulations do not require the ALJ to explain
her consideration of the consistency and supportability of each opinion from the same
source individually. 20 C.F.R. §§ 404.1520c(b)(1), 416.920c(b)(1). Nothing requires
the ALJ to discuss every piece of evidence so long as the decision does not broadly
reject evidence in a way that prevents meaningful judicial review. See Dyer v. Barnhart,
395 F.3d 1206, 1211 (11th Cir. 2005); see also 20 C.F.R. §§ 404.1520c(b)(1),
416.920c(b)(1). Ultimately, I find that the ALJ fully and explicitly addressed the basis
for her finding that Dr. Reddy’s opinion was unpersuasive. (Tr. 31; see also Tr. 23-29).
It is noteworthy that Plaintiff does not point to any of Dr. Reddy’s treatment
notes as support for Dr. Reddy’s opinions set forth in her Treating Source Statement.
Rather, she points only to the Treating Source Statement itself. However, even
assuming Plaintiff provided ample evidentiary support for her allegations that her
conditions and resulting limitations are disabling, which is debatable, the Court cannot
re-weigh evidence and its scope of review is limited. See Moore v. Barnhart, 405 F.3d
1208, 1213 (11th Cir. 2005) (“To the extent that Moore points to other evidence which
would undermine the ALJ’s RFC determination, her contentions misinterpret the
narrowly circumscribed nature of our appellate review, which precludes us from ‘re-
weigh[ing] the evidence or substitut[ing] our own judgment for that [of the
Commissioner]’ ….”) (alteration in original). When reviewing an ALJ’s decision, the
Court’s job is to determine whether the administrative record contains enough
evidence to support the ALJ’s factual findings. See 42 U.S.C. § 405(g); Biestek v.
Berryhill, ___ U.S. ___; 139 S.Ct. 1148, 1154 (2019). “And whatever the meaning of
‘substantial’ in other contexts, the threshold for such evidentiary sufficiency is not
high.” Id. In other words, the Court is not permitted to reweigh the evidence or
substitute its own judgment for that of the ALJ even if it finds the evidence
preponderates against the ALJ’s decision. See Bloodsworth, 703 F.2d at 1239. Here the
ALJ’s analysis complies with the new regulations and the administrative record
contains enough evidence to support the ALJ’s factual findings. See 20 C.F.R. □□□
404.1520c(b)(1), 416.920c(b)(1). Thus, I find that the ALJ did not err in evaluating
the persuasiveness of Dr. Reddy’s opinion.
IV. — Conclusion
Accordingly, after consideration, it is hereby
ORDERED:
1. The decision of the Commissioner is affirmed.
2. The Clerk is directed to enter final judgment in favor of the
Commissioner and close the case.
DONE AND ORDERED in Tampa, Florida, on this 22nd day of June, 2023.
MARK A. PIZZO
UNITED STATES MAGISTRATE JUDGE
cc: Counsel of Record
i fe Lara
UNITED STATES MAGISTRATE JUDGE
18
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