Joubert v. Astrue

287 F. App'x 380
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 22, 2008
Docket08-40175
StatusUnpublished
Cited by5 cases

This text of 287 F. App'x 380 (Joubert v. Astrue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joubert v. Astrue, 287 F. App'x 380 (5th Cir. 2008).

Opinion

*381 PER CURIAM: *

Delina R. Joubert sought judicial review of the denial of her claim for Social Security disability insurance benefits. The district court affirmed the Commissioner’s decision. Joubert timely appealed. We AFFIRM.

I.

In June 2004, Joubert filed a claim for Social Security disability benefits. She alleged that she last worked on January 1, 1998, and claimed that she was disabled because of heart, back, and right hand problems. After her claim was denied by the state agency, Joubert requested a hearing before an Administrative Law Judge (ALJ).

At the hearing before the ALJ in February 2006, Joubert testified that she stopped working because of shortness of breath and “too much pain.” She testified that she had pain in her feet, ankles, knees, back, elbow, and heart. She described her chest pain as sharp, and said that it caused shortness of breath. She testified that her daily activities consisted of taking her medicine in the morning, cooking a little, watching a little television, attending church, and shopping. She said that she had trouble sleeping at night and did not have much of an appetite. Joubert’s son also testified at the hearing.

The ALJ found that Joubert last met the insured status requirements of the Social Security Act on December 31, 2002; that she had not engaged in substantial gainful activity at any time relevant to the decision; that, through the date last insured, she had medically determinable impairments — hypertension and back pain; but that she did not have an impairment or combination of impairments that significantly limited her ability to perform basic work-related activities for 12 consecutive months; and therefore, Joubert did not have a severe impairment or combination of impairments. The ALJ found that Joubert’s medically determinable impairments could have been reasonably expected to produce the symptoms she alleged, but that her statements concerning the intensity, duration, and limiting effects of these symptoms are not entirely credible. Furthermore, the ALJ found that Joubert had failed to produce any objective medical evidence to substantiate her allegations that she is unable to do any work or that would support her claim of a disabling condition prior to December 31, 2002. The ALJ therefore concluded that Joubert was not disabled. The ALJ’s decision became the final decision of the Commissioner when the Appeals Council denied review.

Joubert sought judicial review in the district court. After the parties filed briefs, the magistrate judge recommended that the Commissioner’s decision to deny benefits be affirmed. Joubert objected, claiming that documentation of her condition was missing from the administrative record. The magistrate judge gave Joubert ten days within which to file with the court all documentation that she alleged was not contained in the administrative record and that was relevant to the issue of whether she was disabled on or before December 31, 2002, the date on which her insured status expired. After receiving additional evidence submitted by Joubert, the district court adopted the magistrate judge’s recommendation and affirmed the Commissioner’s decision that Joubert was not disabled. Joubert timely appealed.

*382 II.

Joubert argues (1) that the ALJ’s decision is not supported by substantial evidence, and (2) that the record was not fully and fairly developed, and there is additional evidence that should be considered. We turn first to the substantial evidence issue, and then address whether there is any basis for a remand to consider additional evidence.

A.

“Our review of the Commissioner’s decision is limited to two inquiries: (1) whether the decision is supported by substantial evidence on the record as a whole, and (2) whether the Commissioner applied the proper legal standard.” Perez v. Barnhart, 415 F.3d 457, 461 (5th Cir.2005). “Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. (internal quotation marks and citation omitted). “In applying the substantial evidence standard, the court scrutinizes the record to determine whether such evidence is present, but may not reweigh the evidence or substitute its judgment for the Commissioner’s.” Id.

The claimant has the burden of proving disability by establishing that she is unable to “engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” Id. (internal quotation marks and citations omitted). Joubert alleged disability as of January 1, 1998. Based on her earnings history, her insured status expired on December 31, 2002. “Thus, to prove that she is entitled to disability benefits, [she] must not only prove that she is disabled, but that she became disabled pri- or to the expiration of her insured status.” Anthony v. Sullivan, 954 F.2d 289, 295 (5th Cir.1992).

In determining whether an applicant is disabled, the ALJ uses a five-step sequential analysis. Perez, 415 F.3d at 461. If the ALJ finds that the claimant is disabled or is not disabled at any step in the analysis, the analysis is terminated. Id. Here, the ALJ found at step two of the sequential evaluation that Joubert was not disabled because she had failed to meet her burden of proving an impairment or combination of impairments which was severe within the meaning of the Act. “[A]n impairment can be considered as not severe only if it is a slight abnormality [having] such minimal effect on the individual that it would not be expected to interfere with the individual’s ability to work, irrespective of age, education or work experience.” Stone v. Heckler, 752 F.2d 1099, 1101 (5th Cir.1985) (internal quotation marks and citation omitted).

Substantial evidence supports the ALJ’s decision that Joubert’s hypertension, chest pain, and back pain did not impose more than a slight limitation on her ability to perform basic work-related activities, prior to December 31, 2002, the date she was last insured. The medical evidence in the record for the relevant time period reflects that Joubert complained of back pain only three times (on February 15 and March 15, 2001, and again on June 2, 2002), and received only minimal treatment for it. The medical evidence also reflects that Joubert’s hypertension was controlled by medication. Chest x-rays taken in February and March 2001 showed that Joubert’s heart was enlarged, but there is no record of treatment for chest pain or a cardiac condition through the expiration of her insured status. The objective medical evidence also supports the ALJ’s finding that Joubert’s subjective *383 complaints were not fully credible. See Falco v. Shalala,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Alfred v. Saul
W.D. Louisiana, 2024
Acosta v. Astrue
865 F. Supp. 2d 767 (W.D. Texas, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
287 F. App'x 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joubert-v-astrue-ca5-2008.