Rosa v. Astrue

Kimberly J. Rosa (plaintiff) applied for Social Security disability benefits and supplemental security income, claiming that she had been continuously disabled since October 1, 2006, due to a combination of physical and mental impairments. Following a hearing, an ALJ found that Rosa had severe degenerative disc disease, which was an unlisted impairment, that left Rosa with a residual functional capacity (RFC) to perform a full range of sedentary work, including her past work as an office assistant in a real estate office, thus was not disabled. The ALJ based his RFC determination on the majority of Rosa’s medical evidence, which included reports from six examining doctors’ visits during the year leading up to Rosa’s disability onset date, including two with Rosa’s treating physician in which no evidence of severe impairment was presented or diagnosed. The evidence included results of laboratory findings and medical imaging and noted the impact of treatments that generally presented that Rosa was in good physical condition. The ALJ discounted the 2008 opinion, which was provided for the disability determination on an administrative disability-claim form where the physician indicated that Rosa had a litany of musculoskeletal impairments that prevented her from performing sedentary work because she needed to change positions every 10 to 15 minutes and could not lift more than 10 pounds; push, pull, stoop, squat, or bend repeatedly; or do any of those activities for more than two hours repeatedly. The ALJ noted in his opinion that he found that the report was not supported by the other substantial medical evidence. Instead, the ALJ found that the report was inconsistent with the other evidence. The ALJ’s decision became the final decision of the Commissioner of the Social Security Administration, Michael Astrue (defendant). Rosa sought judicial review of the ALJ’s RFC determination, arguing the ALJ failed to give proper weight to the 2008 opinion.