United States District Court, E.D. Missouri, Eastern Division
CRITES-LEONI UNITED STATES MAGISTRATE JUDGE.
Dzeneta Karic brings this action pursuant to 42 U.S.C. §
405(g), seeking judicial review of the Social Security
Administration Commissioner's denial of her application
for Disability Insurance Benefits under Title II of the
Social Security Act.
Administrative Law Judge (“ALJ”) found that,
despite Karic's severe impairments, she was not disabled
as she had the residual functional capacity
(“RFC”) to perform past relevant work.
matter is pending before the undersigned United States
Magistrate Judge, with consent of the parties, pursuant to 28
U.S.C. § 636(c). A summary of the entire record is
presented in the parties' briefs and is repeated here
only to the extent necessary.
following reasons, the decision of the Commissioner will be
filed her application for benefits on May 4, 2015, claiming
that she became unable to work on April 24, 2015. (Tr.
160-61.) In her Disability Report, Karic alleged disability
due to post-traumatic stress disorder (“PTSD”).
(Tr. 181.) Karic was 35 years of age on her alleged onset of
disability date. (Tr. 50.) Her application was denied
initially. (Tr. 92-97.) Karic's claim was denied by an
ALJ on September 28, 2017. (Tr. 41-52.) On June 13, 2018, the
Appeals Council denied Karic's claim for review. (Tr.
1-7.) Thus, the decision of the ALJ stands as the final
decision of the Commissioner. See 20 C.F.R.
§§ 404.981, 416.1481.
action, Karic argues that “the ALJ improperly weighed
the opinion of Plaintiff's treating psychiatrist, Dr.
Ardekani.” (Doc. 17 at p. 5.) Karic also contends that
the ALJ “improperly weighed the opinion of the state
agency psychological consultant.” Id. at p. 8.
The ALJ's Determination
first found that Karic meets the insured status requirements
of the Act through September 30, 2020. (Tr. 43.) She next
found that Karic did not engage in substantial gainful
activity since April 24, 2015, her alleged onset date.
Id. In addition, the ALJ concluded that Karic had
the following severe impairments: depressive disorder,
anxiety disorder with panic attacks, attention deficit
hyperactivity disorder (“ADHD”), and PTSD.
Id. The ALJ found that Karic did not have an
impairment or combination of impairments that met or
medically equaled the severity of one of the listed
impairments. (Tr. 44.)
Karic's RFC, the ALJ stated:
After careful consideration of the entire record, the
undersigned finds the claimant has the residual functional
capacity to perform a full range of work at all exertional
levels but with the following nonexertional limitations: the
claimant is limited to noncomplex tasks consistent with a
specific vocational preparation (SVP) of 1 or 2 (i.e.,
found that Karic was able to perform her past relevant work
as a custodian/janitor. (Tr. 50.) In the alternative, the ALJ
found that Karic could perform other jobs existing in
significant numbers in the national economy. (Tr. 51.) The
ALJ therefore concluded that Karic was not under a
disability, as defined in the Social Security Act, from April
24, 2015, through the date of the decision. Id.
ALJ's final decision reads as follows:
Based on the application for a period of disability and
disability insurance benefits protectively filed on May 4,
2015, the claimant is not disabled under sections 216(i) ...