Best-Willie v. Astrue

514 F. App'x 728
CourtCourt of Appeals for the Tenth Circuit
DecidedMarch 26, 2013
Docket12-4069
StatusPublished
Cited by62 cases

This text of 514 F. App'x 728 (Best-Willie v. Astrue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Best-Willie v. Astrue, 514 F. App'x 728 (10th Cir. 2013).

Opinion

ORDER AND JUDGMENT **

CARLOS F. LUCERO, Circuit Judge.

Michelle Best-Willie appeals from an order of the district court affirming the deni *730 al of her application for disability benefits under the Social Security Act. Exercising jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g), we affirm.

I

In January 2007, Best-Willie began experiencing right-sided abdominal pain. Over the next several months, she sought medical care from numerous providers and underwent medical work-ups including CT scans of her abdomen and pelvis, upper endoscopy, colonoscopy, capsule enterosco-py, urological testing, and multiple chemistry panels. Her medical testing did not reveal abnormal findings and the etiology of her abdominal pain could not be determined.

Best-Willie filed for disability benefits in June 2007. She claimed that due to her abdominal pain, she could not sit for more than an hour, walk without assistance, travel, or do any lifting. She was forty-three years old at the time of her application. She has a bachelor’s degree and has worked in customer service technical support as an end-user consultant, and previously as a photocopy machine operator.

In August 2007, the Commissioner denied Best-Willie’s application. Best-Willie continued seeking treatment for her abdominal pain, which was ultimately determined to have a psychological component. In February 2008, she began treatment with a psychiatrist who diagnosed her with depression, anxiety, and a somatoform pain disorder 1 and prescribed medication. Her application for benefits was denied on reconsideration in August 2008.

In August 2009, an administrative law judge (“ALJ”) found Best-Willie not disabled at step four of the controlling five-step sequential analysis. See Lax v. Astrue, 489 F.3d 1080, 1084 (10th Cir.2007) (explaining five-step process for evaluating claims for disability benefits). The ALJ confirmed that Best-Willie had not worked since her alleged onset of disability, January 25, 2007, through her date last insured, December 31, 2012. She found Best-Willie had the following severe impairments: mild degenerative disc disease of the spine, morbid obesity, sleep apnea, left carpal tunnel syndrome, asthma, major depression, generalized anxiety disorder, and so-matoform pain disorder. However, the ALJ concluded that these impairments did not meet or equal the listings for presumptive disability.

The ALJ also found Best-Willie not credible and determined that her impairments left her with a residual functional capacity (“RFC”) to perform light work, as defined in 20 C.F.R. § 404.1567(b), with some postural limitations and moderate mental limitations. Relying on the Dictionary of Occupational Titles and testimony of the vocational expert, the ALJ concluded at step four that Best-Willie was not disabled because she could still perform *731 her past relevant work as a photocopy machine operator. Continuing to step five, the ALJ determined in the alternative that Best-Willie possessed the RFC to perform other work in the national economy.

Best-Willie’s request for review was denied by the Appeals Council, making the ALJ’s decision the Commissioner’s final decision. Doyal v. Barnhart, 331 F.3d 758, 759 (10th Cir.2003). The district court affirmed the Commissioner’s denial of benefits, and Best-Willie appeals.

II

“In reviewing the [Commissioner’s] decision, we neither reweigh the evidence nor substitute our judgment for that of the agency.” Branum v. Barnhart, 385 F.3d 1268, 1270 (10th Cir.2004) (quotation omitted). Rather, “[w]e review the Commissioner’s decision to determine whether the factual findings are supported by substantial evidence in the record and whether the correct legal standards were applied.” Watkins v. Barnhart, 350 F.3d 1297, 1299 (10th Cir.2003). “Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. It requires more than a scintilla, but less than a preponderance.” Lax, 489 F.3d at 1084 (citation and quotations omitted).

Best-Willie raises the following challenges to the Commissioner’s decision: the ALJ erred (1) in rejecting the opinions of her treating physicians, Drs. Hall and Charlat; (2) in concluding that she did not meet Listing 12.06 (Anxiety Related Disorders); (3) in evaluating the credibility of her complaints of pain; (4) in failing to consider the lay witness statement of her husband; and (5) at steps four and five of the sequential analysis.

A

Best-Willie challenges the ALJ’s evaluation of medical source opinions offered by her treating physicians, Drs. Hall and Charlat. When analyzing the opinion of a treating physician, the ALJ first considers “whether the opinion is well-supported by medically acceptable clinical and laboratory diagnostic techniques” and is consistent with the other substantial evidence in the record. Watkins, 350 F.3d at 1300 (quotation omitted); see also 20 C.F.R. § 404.1527(c)(2). If so, the ALJ must give the opinion “controlling weight.” Watkins, 350 F.3d at 1300. If the opinion is not entitled to controlling weight, the ALJ should weigh the opinion considering the six factors listed in 20 C.F.R. § 404.1527(c)(2) 2 to determine “whether the opinion should be rejected altogether or assigned some lesser weight.” Pisciotta v. Astrue, 500 F.3d 1074, 1077 (10th Cir.2007). Finally, “[i]n all cases the regulations require that the ALJ give good reasons in the notice of determination or opinion for the weight that is given the treating physician’s opinion.” Doyal, 331 F.3d at 762 (quotation omitted).

Dr. Hall was Best-Willie’s primary care physician who treated her for asthma, diabetes, acid reflux, musculoskeletal pain, *732 and right-sided abdominal pain from January 2007 to December 2007. 3 Dr. Hall’s March 2009 “Doctor’s Opinion” form and RFC form noted that Best-Willie suffered from right lower quadrant pain, fatigue, depression, and anxiety.

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514 F. App'x 728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/best-willie-v-astrue-ca10-2013.