United States District Court, N.D. Indiana, South Bend Division
OPINION AND ORDER
P. SIMON, JUDGE
Jeffrey Mosley appeals the Social Security
Administration's decision to deny his application for
Social Security disability benefits. An administrative law
judge found that Mosley was not disabled within the meaning
of the Social Security Act. Mosley raises a number of
challenges to this determination, but I conclude that the
ALJ's decision was supported by substantial evidence. I
will, therefore, affirm the decision of the ALJ.
S. Mosley applied for disability benefits alleging disability
as of February 1, 2012. [A.R. at 201.] Mosley previously
filed applications for disability alleging disability
beginning October 1, 2010. [A.R. at 110.] On March 1, 2012,
an ALJ found that Mosley was not disabled and Mosley did not
appeal that decision or request reopening. [Id. at
41-43, 111-116.] As such, the issue of Mosley's
disability prior to March 1, 2012 is barred by res judicata.
20 C.F.R. § 404.957(c)(1).
administrative hearing was held in January 2014 in front of
Administrative Law Judge Julia D. Gibbs. [Id. at
38.] The ALJ issued a decision on July 18, 2014 in which she
found that Mosley was not disabled at any time through the
date of her decision. [Id. at 18.] The Appeals
Council denied Mosley's request for review of the
ALJ's decision. [Id. at 1.]
was 41 years old at the time of his administrative hearing.
[A.R. at 41.] Mosley last worked in March of 2008 as an
assembly line inspector at a factory. [Id. at
43-44.] Before that, he worked as a maintenance worker for a
car company. [Id. at 75.] Mosley suffers from a
variety of physical and mental health issues, including
shoulder pain and anxiety. [Id. at 58, 64.]
recent years, Mosley received medical treatment from a
variety of sources. From 2011 to 2012, Mosley sought
treatment from Dr. Donald Roegner at the Family Psychiatric
Center, but Mosley only met sporadically with Dr. Roegner,
who stated that he could not make significant progress with a
“flagrant bipolar” if he saw him so infrequently.
[Id. at 311.] On February 14, 2012, Dr. William
Hedrick examined Mosley, diagnosing him with occipital
neuralgia and several problems with his shoulders and elbows.
[Id. at 339.] On January 21, 2013, Dr. Russell
Coulter-Kern conducted a consultative examination of Mosley
for the Social Security Administration; he diagnosed Mosley
with Bipolar 1 disorder and assigned him a GAF score of
40-45. [Id. at 399-400.] In February 2013, Dr.
William Terpstra examined Mosley, diagnosing him with
Polyarticular Arthralgias-a form of joint pain, Bipolar
Disorder, ADHD, and anxiety. [Id. at 402.] Dr.
Terpstra also opined that Mosley “would be able to
stand/walk for most if not all of an 8 hour day and could use
the upper extremities for lifting/carrying less than 10
[pounds] frequently and over 10 [pounds] occasionally and
maintain good balance while doing so during that time
frame.” [Id.] On May 5, 2013, Dr. William
Shipley examined Mosley and opined that Dr. Russel-Kern's
assigned GAF score of 40-45 is not supported. [Id.
at 144]. Dr. Shipley also opined that Mosley has
“mild” restriction of activities of daily living,
“moderate” difficulties in maintaining social
functioning, “moderate” difficulties in
maintaining concentration, and no repeated episodes of
decompensation, each of extended duration. [Id. at
143.] On May 8, 2013, Dr. A. Dobson opined that Mosley can
frequently lift twenty five pounds and can stand/walk for
about six hours in an eight-hour workday. [Id. at
2013, Mosley was treated by nurse practitioners Monica McMain
and Debra Graber, along with Dr. Rafik Farag. [Id.
at 480-512.] On October 30, 2013, Nurse Practitioner Graber
examined Mosley and opined that he suffers from bipolar
syndrome, filling out a form indicating as follows: that
Mosley suffers “moderate” restriction of
activities of daily living, “marked” difficulties
in maintaining social functioning,
“marked”deficiencies of concentration, and
“extreme” episodes of decompensation in work-like
settings. [Id. at 542.] In late 2013, Mosley began
receiving therapy from the Four County Counseling Center,
where he saw Mark Reef and Dr. Kathleen Miller. [Id.
at 565-587.] Mosley also has been seeing Dr. Brian Dierckman
for troubles with his shoulders and back, though Dr.
Dierckman noted “no acute fracture or
dislocation.” [Id. at 626-629.]
hearing, Mosley testified that his mental and physical health
issues keep getting worse. Mosley testified that he had
“more anxiety” than in previous years,
“more difficulty going out in public, ” that he
is “paranoid, ” and that he hesitates to go
anywhere without his wife. [Id. at 58-59.] Mosley
also testified that he consistently experiences physical
discomfort, and that he cannot sit in a single position
without shifting his body for more than twenty or thirty
minutes. [Id. at 61-62.] He also testified that he
struggles to lift even a gallon of milk with his right arm.
[Id. at 63-64]. While Mosley recounted that he
struggles to do household chores, he also said that he can
cook and mow the lawn, though it can take him a few days to
finish the work. [Id. at 65, 70.]
issued a decision denying benefits. At Step One, the ALJ
found that Mosley last met the insured status requirements of
the Social Security Act on December 31, 2013. [Id.
at 23.] Further, the ALJ found that Mosley did not engage in
substantial gainful activity during the period from his
alleged onset date through the date last insured of December
31, 2013. [Id.] At Step Two, the ALJ concluded that
Mosley has the following severe impairments: cervicalgia,
degenerative disc disease, arthropathy of the right shoulder,
obesity, bipolar disorder, depression, and personality
disorder. [Id.] At Step Three, the ALJ determined
that Mosley's impairments or combination of impairments
do not meet or medically equal the severity of one of the
listed impairments. [Id. at 24-26.]
Four, the ALJ found that Mosley has the residual functional
capacity to perform sedentary work as defined in 20 C.F.R.
404.1567(a). Here is Mosley's RFC as determined by the
[He can] perform unskilled work at a sedentary level of
exertion... that does not require overhead reaching with the
dominant right arm or more than superficial contact with
coworkers or supervisors.
[Id. at 26.] At Step Five, the ALJ concluded that
considering the Mosley's age, education, work experience,
and residual funcational capacity, there are jobs that exist
in significant numbers in the national economy that Mosley
can perform, and that a ...