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Taylor v. Astrue

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Jun 28, 2012
706 F.3d 600 (5th Cir. 2012)

Summary

holding that the ultimate RFC determination is reserved to the ALJ

Summary of this case from Horton v. Berryhill

Opinion

No. 11–11085 Summary Calendar.

2012-06-28

Uwe R. TAYLOR, Plaintiff–Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant–Appellee.

Corinna Pia Chandler, Attorney, Chandler Martinez, L.L.P., Dallas, TX, for Plaintiff–Appellant. Carolyn Ann Ebbers, Assistant Regional Counsel, Social Security Administration, Office of the General Counsel Region VI, Terry J. Johnson, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Defendant–Appellee.



Corinna Pia Chandler, Attorney, Chandler Martinez, L.L.P., Dallas, TX, for Plaintiff–Appellant. Carolyn Ann Ebbers, Assistant Regional Counsel, Social Security Administration, Office of the General Counsel Region VI, Terry J. Johnson, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Defendant–Appellee.
Appeal from the United States District Court for the Northern District of Texas.
Before DENNIS, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM:

Plaintiff Uwe Taylor appeals the determination of the Commissioner of Social Security, denying him disability benefits. We AFFIRM.

FACTS AND PROCEEDINGS

Taylor alleges that he has a variety of problems that qualify as a disability under 42 U.S.C. § 405(g). These include: chronic pain in his feet, legs, and back, tarsal tunnel syndrome, nerve entrapment, and plantar fasciitis. His application for disability benefits was initially denied and plaintiff requested a hearing before an ALJ, which was held in April, 2009 at which time the plaintiff was 49 years old. The ALJ determined that the plaintiff was not disabled and not entitled to benefits after the judge concluded that Taylor's impairments did not meet the severity requirements of the social security regulations. A vocational expert also testified before the ALJ that Taylor was capable of working at various sedentary jobs although he could not return to his prior line of work. Taylor appealed to the district court, which referred the matter to a magistrate judge, before ultimately adopting the opinion of the magistrate judge affirming the ruling of the ALJ. Taylor appeals.

STANDARD OF REVIEW

Our standard of review of social security disability claims is exceedingly deferential and limited to two inquiries: whether substantial evidence supports the ALJ's decision, and whether the ALJ applied the proper legal standards when evaluating the evidence. See Greenspan v. Shalala, 38 F.3d 232, 236 (5th Cir.1994). Substantial evidence is enough that a reasonable mind would support the conclusion. Id. The evidence “must be more than a scintilla, but it need not be a preponderance.” Leggett v. Chater, 67 F.3d 558, 564 (5th Cir.1995) (internal quotation marks omitted). Any findings of fact by the Commissioner which are supported by substantial evidence are conclusive. Richardson v. Perales, 402 U.S. 389, 390, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971).

DISCUSSION

The crux of the plaintiff's argument is that the ALJ substituted his opinion for that of the medical personnel who have treated Taylor since the onset of his pain. Taylor argues that the ALJ's conclusion runs contrary to those medical opinions and is not supported by substantial evidence. We disagree with this assertion. The record indicates that the ALJ used the medical information provided by Taylor to determine the plaintiff's residual functional capacity for work. Under the regulations and our case law, the determination of residual functional capacity is the sole responsibility of the ALJ. See Ripley v. Chater, 67 F.3d 552, 557 (5th Cir.1995). What Taylor characterizes as the ALJ substituting his opinion is actually the ALJ properly interpreting the medical evidence to determine his capacity for work.

We also disagree with Taylor's assertion that the ALJ's conclusion is not supported by substantial evidence. As the magistrate judge explained in extensive detail, Taylor's medical records fail to corroborate his complaints. The records include an MRI that was “normal,” an EEG test finding that was “normal,” neurophysiological studies that were “unremarkable,” and an MRI of the plaintiff's brain that was “essentially normal.” Even one of Taylor's own doctors remarked that “[i]t appears that the patient does not have any anatomical reason [for] his pain.” A different doctor testified similarly at the ALJ hearing. There was substantial evidence for the ALJ's determination.

Finally, plaintiff asserts that the ALJ did not use the proper legal standard for determining his disability eligibility. We disagree. Although the ALJ did not identify the specific applicable legal standard, we agree with the magistrate judge that the ALJ nevertheless applied the proper standard. While it is true that the ALJ never cited to Stone v. Heckler, 752 F.2d 1099, 1101 (5th Cir.1985), which provides the appropriate legal standard for determining the severity of the disability, procedural perfection is not required unless it affects the substantial rights of a party. See Mays v. Bowen, 837 F.2d 1362, 1364 (5th Cir.1988). Here, substantial evidence supports the finding of the non-severity of Taylor's mental problems. A comprehensive medical exam revealed no evidence of Taylor's alleged mental health issues or any reason why mental problems would prevent him from engaging in gainful activity. In addition, the medical records showed that Taylor did not take any medications for his mental health complaints. He also failed to seek mental health care even after he was twice referred for mental health treatment at his request. The claimant must show that he is so functionally impaired by his mental impairment that he is precluded from engaging in substantial gainful activity. See Hames v. Heckler, 707 F.2d 162, 165 (5th Cir.1983). He fails to do so, and any error by the ALJ in not following the procedures set out in Stone is harmless. As such, remand is not required since there is no evidence in the record that Taylor's mental health claims are severe enough to prevent him from holding substantial gainful employment.

We reject Taylor's various other claims for essentially the same reasons as the court below.

CONCLUSION

We AFFIRM the district court's decision upholding the ruling of the ALJ and reject Taylor's claims.


Summaries of

Taylor v. Astrue

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Jun 28, 2012
706 F.3d 600 (5th Cir. 2012)

holding that the ultimate RFC determination is reserved to the ALJ

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holding that Stone error was harmless where it did not affect claimant's substantial rights

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holding that substantial evidence supported a finding of non-severity in the plaintiff's mental impairment in part because the medical records showed that the plaintiff had not sought treatment or taken medication for his mental health complaints.

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holding that reversal and remand is required when the error affects the substantial rights of the claimant

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holding that claimant must show that she is so functionally impaired by her impairment that she is precluded from engaging in substantial gainful activity

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holding that claimant must show that she is so functionally impaired that she is precluded from engaging in substantial gainful activity

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holding that it is harmless error if an ALJ does not cite to Stone in the severity analysis where "substantial evidence supports the finding of . . . non-severity."

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finding substantial evidence in MRI and EEG results, neurophysiological students, and treating physician remarks

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finding that the ALJ's failure to cite to Stone at step two was harmless, and "remand [was] not required since there [was] no evidence in the record that [the claimant's] mental health claims [were] severe enough to prevent him from holding substantial gainful employment" at step five

Summary of this case from McFarland v. Saul

finding that the ALJ's failure to cite to Stone at step two was harmless, and "remand [was] not required since there [was] no evidence in the record that [the claimant's] mental health claims [were] severe enough to prevent him from holding substantial gainful employment" at step five

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finding harmless error where claimant failed to seek mental health care

Summary of this case from Guidry v. Comm'r of Soc. Sec.

finding that the ALJ's failure to cite to Stone at step two was harmless, and "remand [was] not required since there [was] no evidence in the record that [the claimant's] mental health claims [were] severe enough to prevent him from holding substantial gainful employment" at step five

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concluding that any Stone error was harmless because the claimant failed to show he was "so functionally impaired by his mental impairment" he was precluded from engaging in any substantial gainful employment"

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affirming finding that the plaintiff did not have a severe mental impairment and noting that the medical records showed that the plaintiff did not take any medications for his mental health complaints and failed to seek mental health care even after he was twice referred for mental health treatment at his request, and could not show that he was so functionally impaired by his mental impairment that he was precluded from engaging in substantial gainful activity

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rejecting argument that ALJ substituted his opinion for medical providers in contravention of Ripley where ALJ properly interpreted medical evidence in discharging his responsibility to determine the claimant's RFC

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rejecting plaintiff's argument that the ALJ substituted his opinion for that of the medical personnel who treated claimant when "[t]he record indicates that the ALJ used the medical information provided by [plaintiff] to determine the plaintiff's residual functional capacity for work . . . . What [plaintiff] characterizes as the ALJ substituting his opinion is actually the ALJ properly interpreting the medical evidence to determine his capacity for work."

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applying harmless error analysis where the ALJ failed to cite Stone at step two but proceeded to later steps in the sequential evaluation process

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applying harmless error analysis to an ALJ's failure to invoke Stone

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applying harmless error analysis to Stone error and noting that cases should not be remanded unless the plaintiff's substantial rights have been affected

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applying harmless error analysis where ALJ proceeded to evaluate claimant's RFC and ability to perform existing jobs at steps four and five

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In Taylor, however, the ALJ relied on evidence from a treating physician and a medical consultant who testified at the hearing.

Summary of this case from Hall v. Kijakazi

In Taylor v. Astrue, the Fifth Circuit addressed the plaintiff's argument that the ALJ's RFC determination ran contrary to the medical opinions, noted that the RFC determination is the sole responsibility of the ALJ, and concluded that the ALJ properly used the medical information provided by the plaintiff to determine the plaintiff's RFC for work.

Summary of this case from Myers v. Saul

applying harmless error analysis where the ALJ failed to cite Stone at step two, but proceeded to steps four and five of the sequential evaluation process

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applying harmless error analysis to Stone error and noting that cases should not be remanded unless the plaintiff's substantial rights have been affected

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applying harmless error analysis in Stone error cases

Summary of this case from Peggy J. v. Saul
Case details for

Taylor v. Astrue

Case Details

Full title:UWE R. TAYLOR, Plaintiff - Appellant v. MICHAEL J. ASTRUE, COMMISSIONER OF…

Court:UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Date published: Jun 28, 2012

Citations

706 F.3d 600 (5th Cir. 2012)

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