Carole Vuxta v. Comr. of Social Security

194 F. App'x 874
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 8, 2006
Docket06-11768
StatusUnpublished
Cited by8 cases

This text of 194 F. App'x 874 (Carole Vuxta v. Comr. 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
Carole Vuxta v. Comr. of Social Security, 194 F. App'x 874 (11th Cir. 2006).

Opinion

PER CURIAM:

Carole Vuxta appeals the district court’s order affirming the Social Security Commissioner’s denial of her application for supplemental security income benefits, 42 U.S.C. § 1383(c)(3). For the reasons that follow, we vacate and remand.

The scope of our review in a social security appeal is to determine whether the Administrative Law Judge (ALJ) applied the correct law and whether the findings of fact are supported by substantial evidence. Martin v. Sullivan, 894 F.2d 1520, 1529-30 (11th Cir.1990). “Substantial evidence ... is more than a scintilla, but less than a preponderance: it is such relevant evidence as a reasonable person would accept as adequate to support a conclusion.” Id. (quotation omitted).

Vuxta first argues the ALJ improperly discredited the opinions of treating psychologist Dr. Miller and state agency psychologists Dr. Ginn and Dr. VanderPlate in determining she had only mild social functioning limitations. The opinion of a treating physician “must be given substantial or considerable weight unless ‘good cause’ is shown to the contrary.” Phillips v. Barnhart, 357 F.3d 1232, 1240-41 (11th Cir.2004) (quotation omitted). “ ‘[G]ood cause’ exists when the: (1) treating physician’s opinion was not bolstered by the evidence; (2) evidence supported a contrary finding; or (3) treating physician’s opinion was conclusory or inconsistent with the doctor’s own medical records. When electing to disregard the opinion of a treating physician, the ALJ must clearly articulate its reasons.” Id. Under 20 C.F.R. § 404.1527(f)(2), the ALJ must consider non-examining state psychologists’ opinions and, when the ALJ does not give controlling weight to a treating physician, must explain the weight given to their opinions. Failure to explain the weight given to different medical opinions is reversible error. See Sharfarz v. Bowen, 825 F.2d 278, 279 (11th Cir.1987).

The ALJ had good cause to discredit the opinion of Vuxta’s treating psychologist, Dr. Miles, and articulated its reasons for doing so. As the ALJ found, Dr. Miles’ assessment of Vuxta was inconsistent with his own medical records. His initial assessment that Vuxta was extremely limited in her ability to maintain social functioning was made after he had only *877 seen her twice, at a time when he assigned her a Global Assessment of Functioning (GAF) score indicating a serious impairment in social functioning. However, his later medical records indicate significant improvement with treatment: Vuxta responded well to treatment, became calmer and less anxious, was no longer considered a suicide risk, and her GAF score improved enough to reduce her impairment level from serious to moderate. These later improvements are inconsistent with Dr. Miles’ prior assessment that Vuxta was extremely limited in social functioning.

Furthermore, Dr. Meek was the only medical expert whose records reflect a test determining the veracity of Vuxta’s subjective reports of psychological symptoms. Vuxta’s results on the Computerized Assessment of Response Bias (CARB), which tests for symptom exaggeration and malingering, were “very far below that expected from either normal controls or persons with verified brain damage,” and indicated such a result was “extremely unlikely” in the absence of symptom exaggeration or malingering. As the ALJ found, Dr. Meek’s assessment that Vuxta engaged in symptom exaggeration or malingering is inconsistent with Dr. Miles’ assessment that she was extremely limited in social functioning. Substantial evidence thus supports the ALJ’s decision to discredit Dr. Miles’ assessment, and the ALJ articulated its reasons for doing so.

Since the ALJ did not give controlling weight to the opinion of a treating physician, it was required to explain the weight given to the opinions of the non-examining state psychologists, Dr. Ginn and Dr. VanderPlate. See 20 C.F.R. § 404.1527(f)(2)(ii). The ALJ considered Dr. Ginn’s opinion and explained its reasons for discrediting the opinion with respect to Vuxta’s social functioning limitation. Dr. VanderPlate’s assessment, however, was not mentioned in the ALJ’s decision. As the ALJ did not mention Dr. VanderPlate at all, it did not explain the weight it was giving to his opinion. Accordingly, we remand to the Commissioner in order for the ALJ to explain its consideration of Dr. VanderPlate’s opinion.

Vuxta next argues the ALJ produced an internally inconsistent opinion by finding she was limited to “simple and repetitive” work in the body of the opinion, but limiting her only to “unskilled” work in its residual functional capacity (RFC) assessment. Vuxta contends the ALJ was required to find whether the restriction to simple, repetitive work impacts her ability to perform a wide range of jobs at the light, unskilled level. She further argues the ALJ erroneously relied exclusively on the medical-vocational guidelines (grids) in determining there were jobs available in the national economy she could perform.

An ALJ must follow a five-step process in making a social security disability determination. Phillips v. Barn-hart, 357 F.3d 1232, 1237 (11th Cir.2004). The claimant bears the burden of proof for the first four steps: (1) whether she is currently performing a substantial gainful activity; (2) whether she has a severe impairment; (3) whether that severe impairment meets or exceeds an impairment in the listings; and (4) whether she can perform her past relevant work. Id. at 1237-39. Only at the fifth step does the burden shift to the Commissioner, who must show there are a significant number of jobs in the national economy the claimant can perform. Id. In order to perform the fourth and fifth steps, the ALJ must determine the claimant’s RFC. Id. at 1238-39. RFC is what the claimant is still able to due despite her impairments, and is based on all relevant medical and other evidence. Id. RFCs can contain both ex-ertional and nonexertional limitations. Id. at 1242-43. These limitations generally *878 include a restriction to a particular physical exertion level, such as light, medium, or heavy, and a particular skill level, such as unskilled or semi-skilled. 20 C.F.R. §§ 404.1567-68. Each level is defined by regulation. See id.

At the fifth step, the ALJ uses the claimant’s RFC, age, education, and work experience to determine if there are jobs available in the national economy the claimant can perform. Phillips, 357 F.3d at 1239.

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Bluebook (online)
194 F. App'x 874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carole-vuxta-v-comr-of-social-security-ca11-2006.