Report & Recommendation on Plaintiff's Motion for Summary Judgement Federal Magistrate Judge: Frank J. Lynch, Jr. United States District Court: Eleventh Circut, Southern District of Florida
18. The ALJ found the Plaintiff to have the severe impairments of arthritis, diabetes, and hypertension. The ALJ next considered the Plaintiff's allegations of disabling impairment, allegations which he found to be overstated and disproportionate to the medical record. The ALJ stated several reasons to discount the Plaintiff's subjective claims. The ALJ noted the milder objective examination findings. He noted how the Plaintiff did not pursue treatment for his joints; indeed the focus of treatment switched to his diabetes with few subsequent pain complaints being raised. The Plaintiff told Dr. Rabinowitz that he performed routine activities of daily life, which exceeded what he had reported at the hearing. He has medication for his diabetes and hypertension, implying that those conditions are controllable. He takes no pain medication which suggests the absence of significant pain complaints. Lastly the ALJ observed that the Plaintiff displayed no manifestations of pain or discomfort during the hearing.
19. The ALJ accorded great weight to Dr. Rabinowitz' RFC opinion. The ALJ noted how Dr. Rabinowitz observed normal musculoskeletal and neurological functioning except for some decreased range of ankle motion. (The ALJ did not mention that the doctor also observed right knee and squatting difficulties.) The ALJ found his assessment to be consistent generally with the greater medical record.
20. Tracking Dr. Rabinowitz' opinion, the ALJ assessed an RFC for a full range of medium exertional work. The ALJ found this RFC compatible with the Plaintiff's past relevant work as an auto parts store assistant manager, and therefore the ALJ concluded that the Plaintiff is not disabled.
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