Casey v. Astrue

503 F.3d 687, 2007 WL 2873647
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 4, 2007
Docket06-3841
StatusPublished
Cited by317 cases

This text of 503 F.3d 687 (Casey v. Astrue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Casey v. Astrue, 503 F.3d 687, 2007 WL 2873647 (8th Cir. 2007).

Opinion

BOWMAN, Circuit Judge.

Patricia Casey’s applications for disability insurance benefits and supplemental security income benefits were denied by the Social Security Administration (SSA). Casey sought review before an administrative law judge (ALJ), who, after conducting a hearing, concluded that Casey was not disabled and denied the benefits. The SSA Appeals Council denied review, thereby rendering the ALJ’s decision the final agency determination. Casey sought review in the District Court, 2 which affirmed the decision of the agency. Casey appeals, and we affirm.

I.

Casey’s applications for benefits alleged that she became disabled and unable to work on June 11, 2002, due to fibromyal-gia, back pain, leg pain, depression, and other impairments. On the alleged onset date, she was 40 years old, had a 12th-grade education, and had completed a secretarial training course. She had previously worked as an administrative assistant, employment clerk, program manager, cashier, and waitress.

The ALJ evaluated Casey’s disability claim under the sequential analysis prescribed by the Social Security regulations. See 20 C.F.R. § 404.1520. First» the ALJ found that Casey was not engaged in substantial gainful activity. Second, the ALJ concluded that Casey was severely impaired by the combination of “fibromyal-gia, status post left knee surgery, back pain secondary to past compression fracture and depression.” J.A. at 9. At the third step, the ALJ determined that Ca *691 sey’s impairments did not meet or equal any of the impairment listings that create a presumption of disability. Thus, the ALJ continued to the fourth step, where she considered Casey’s residual functional capacity (RFC) 3 and past relevant work. The ALJ determined that Casey had the RFC to perform work “with the following limitations: occasionally lift ten pounds, frequently lift less than ten pounds, sit a total of six hours in an eight hour day, stand/walk at least two hours in an eight hour day and occasionally climb, balance, stoop, kneel, crouch and crawl.” Id. at 13. The ALJ concluded that even with these limitations, Casey could return to her past work as an employment clerk, administrative assistant, or program manager. Id. at 15. Because Casey’s impairments did not prevent her from doing her past relevant work, the ALJ found that Casey was not disabled and, thus, not entitled to benefits. The District Court affirmed that decision.

II.

On appeal, Casey contends that the District Court committed reversible error in affirming the ALJ’s decision because the ALJ (1) gave improper weight to medical opinions in the record, (2) improperly discredited Casey’s subjective complaints of pain, and (3) erred in determining Casey’s RFC. We review de novo the District Court’s decision affirming the agency’s denial of benefits. Travis v. Astrue, 477 F.3d 1037, 1040 (8th Cir.2007). In conducting this review, we consider whether the ALJ’s decision is supported by substantial evidence on the record as a whole. Id. “Substantial evidence is evidence that a reasonable mind would find adequate to support the ALJ’s conclusion.” Nicola v. Astrue, 480 F.3d 885, 886 (8th Cir.2007). We will not disturb the denial of benefits so long as the ALJ’s decision falls within the available “ ‘zone of choice.’ ” Id. (quoting Hacker v. Barnhart, 459 F.3d 934, 936 (8th Cir.2006)). “An ALJ’s decision is not outside the ‘zone of choice’ simply because we might have reached a different conclusion had we been the initial finder of fact.” Id.

A.

Casey first contends that the ALJ improperly weighed the medical evidence in determining that she was not disabled. In particular, Casey argues that the ALJ gave too little weight to the opinions of physicians that treated and examined her and too much weight to the opinion of a physician who performed a paper review of the medical records.

The ALJ had a duty to evaluate the medical evidence as a whole. See Hogan v. Apfel, 239 F.3d 958, 961 (8th Cir.2001). While a “ ‘treating physician’s opinion is generally entitled to substantial weighty] ... such an opinion is not conclusive in determining disability status, and the opinion must be supported by medically acceptable clinical or diagnostic data.’ ” Pena v. Chater, 76 F.3d 906, 908 (8th Cir.1996) (quoting Davis v. Shalala, 31 F.3d 753, 756 (8th Cir.1994)); see also 20 C.F.R. § 404.1527(d)(2) (“If we find that a treating source’s opinion on the issue(s) of the nature and severity of your impairments) is well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in your case record, we will give it controlling weight.”). “[A]n ALJ may credit other medical evaluations over that of the treating physician when such other assessments are sup *692 ported by better or more thorough medical evidence.” Prosch v. Apfel, 201 F.3d 1010, 1014 (8th Cir.2000) (quotation and citation omitted). In considering how much weight to give a treating physician’s opinion, an ALJ must also consider the length of the treatment relationship and the frequency of examinations. 20 C.F.R. § 404.1527(d)(2)®.

According to Casey, the ALJ’s “most outrageous error” was the failure to credit the testimony of Lawrence Rettenmaier, M.D., the rheumatologist who treated Casey’s fibromyalgia. Appellant’s Br. at 25. Initially, it is important to note that contrary to Casey’s suggestion, the ALJ did not reject all of Dr. Rettenmaier’s opinions. The ALJ discussed and gave weight to Dr. Rettenmaier’s treatment records of December 2001 to May 2004. The ALJ only refused to give weight to Dr. Rettenmaier’s opinion expressed in a Fi-bromyalgia RFC Questionnaire completed in July 2004. In the RFC Questionnaire, Dr.

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Bluebook (online)
503 F.3d 687, 2007 WL 2873647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casey-v-astrue-ca8-2007.