Anthony James Carter v. Commissioner of Social Security

411 F. App'x 295
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 1, 2011
Docket10-11192
StatusUnpublished
Cited by11 cases

This text of 411 F. App'x 295 (Anthony James Carter v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anthony James Carter v. Commissioner of Social Security, 411 F. App'x 295 (11th Cir. 2011).

Opinion

PER CURIAM:

Anthony Carter appeals the district court’s order affirming the administrative law judge’s (“ALJ”) denial of his application for Social Security Disability Insurance Benefits (“DIB”), 42 U.S.C. § 405(g), and Supplemental Security Income (“SSI”) benefits, 42 U.S.C. 1383(c)(3). In his application, Carter stated that he was HIV positive, was experiencing problems with his left hip, suffered from genital herpes, and suffered from adjustment order. On appeal, Carter first argues that the ALJ erred by fading to make required findings regarding the effect that the medications he took had on his ability to work. Second, Carter asserts that the ALJ’s hypothetical question to a vocational expert did not include all of his impairments. Specifically, Carter argues that the ALJ failed to include his vision problems, dizziness, headaches, concentration problems, or adjustment disorder in his hypothetical question. Finally, Carter contends that the ALJ erred by not giving controlling weight to a note written by his treating physician, Dr. Daniel Warner, in which Dr. Warner allegedly stated that Carter was unable to work.

In Social Security appeals, we review the decision of an ALJ as the Commissioner of Social Security’s final decision when the ALJ denies benefits and the Appeals Council denies review of the ALJ’s decision, as was the case in this appeal. Doughty v. Apfel, 245 F.3d 1274, 1278 (11th Cir.2001). We review the Commissioner’s legal conclusions de novo and consider whether the Commissioner’s factual findings are supported by substantial evidence. Lewis v. Barnhart, 285 F.3d 1329, 1330 (11th Cir.2002). “Substantial evidence is less than a preponderance, but rather such relevant evidence as a reasonable person would accept as adequate to support a conclusion.” Moore v. Barnhart, 405 F.3d 1208, 1211 (11th Cir.2005). We are precluded from “deciding the facts anew, making credibility determinations, or re-weighing the evidence.” Id.

“The social security regulations establish a five-step evaluation process, which is used to determine disability for both SSI and DIB claims.” Id.

*297 In order to receive disability benefits, the claimant must prove at step one that he is not undertaking substantial gainful activity. At step two, the claimant must prove that he is suffering from a severe impairment or combination of impairments. At step three, if the claimant proves that his impairment meets one of the listed impairments found in Appendix 1, he will be considered disabled without consideration of age, education, and work experience. If the claimant cannot prove the existence of a listed impairment, he must prove at step four that his impairment prevents him from performing his past relevant work. At the fifth step, the regulations direct the Commissioner to consider the claimant’s residual functional capacity, age, education, and past work experience to determine whether the claimant can perform other work besides his past relevant work.

Doughty, 245 F.3d at 1278 (citations omitted).

I. Medication Side Effects

Carter’s first argument on appeal is that the ALJ improperly disregarded his testimony as to the detrimental side effects that were being caused by the many medications that he was taking for his ailments. There was substantial evidence in the record for the ALJ’s findings that Carter’s testimony as to the side effects was not credible.

The “ALJ must state specifically the weight accorded each item of evidence and the reasons for his decision.” Gibson v. Heckler, 779 F.2d 619, 623 (11th Cir.1986). Specifically, the ALJ has a duty to make a finding regarding whether the side effects of medications taken by a Social Security claimant render that claimant disabled. Cowart v. Schweiker, 662 F.2d 731, 737 (11th Cir.1981).

When a claimant attempts to establish disability through his own testimony of subjective symptoms, we have established a three-part test that requires: “(1) evidence of an underlying medical condition and either (2) objective medical evidence that confirms the severity of the alleged [symptom] arising from that condition or (3) that the objectively determined medical condition is of such a severity that it can be reasonably expected to give rise to the alleged [symptom].” Holt v. Sullivan, 921 F.2d 1221, 1223 (11th Cir.1991). “If proof of a disability is based upon subjective evidence and a credibility determination is, therefore, critical to the decision, the ALJ must either explicitly discredit such testimony or the implication must be so clear as to amount to a specific credibility finding.” Foote v. Chater, 67 F.3d 1553, 1562 (11th Cir.1995) (quotation omitted). We have affirmed an ALJ’s decision that a claimant’s testimony as to the alleged levels of pain and symptoms he experienced was not credible where the allegations were inconsistent with activities of daily living, limited use of pain medication, and effectiveness of treatment. See Wilson v. Barnhart, 284 F.3d 1219, 1226 (11th Cir. 2002).

The ALJ did not err in considering and rejecting Carter’s claim regarding alleged side effects from his medications. The judge found the claims not to be credible based on medical evidence in the record and Carter’s daily activities. The judge elicited testimony from Carter on the nature of the side effects of the medication and made findings on this line of evidence. Specifically, the ALJ noted that there was no notation in Dr. Warner’s records indicating either that Carter complained that his medications were causing side effects or that Warner believed that the medications were causing the symptoms complained of by Carter in his hearing. The *298 ALJ further found that Carter’s medical conditions, rather than his medications, could be causing the alleged symptoms. However, he determined that the medical records showed that these conditions were being effectively treated, as noted by Dr. Warner’s assessment that the HIV had been stabilized. The findings of the ALJ were supported by substantial evidence in the record. His determination to disregard Carter’s complaints of the side effects of the medication was proper.

II. Hypothetical Question to the Vocational Expert

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411 F. App'x 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-james-carter-v-commissioner-of-social-security-ca11-2011.