Kellams v. Berryhill

696 F. App'x 909
Court of Appeals for the Tenth Circuit·Decided August 10, 2017·No. 16-1338·Unpublished·Cited by 49 cases

Opinion

ORDER AND JUDGMENT *

Paul J. Kelly, Jr., Circuit Judge

Edward D. Kellams appeals a magis *911 trate judge’s 1 order affirming the Commissioner’s denial of disability and supplemental security income benefits. Mr. Kellams claims an administrative law judge (ALJ) discredited his testimony without substantial evidence and improperly evaluated his medical providers’ opinions. Exercising jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g), we reverse and remand for further proceedings.

I

On September 22, 2009, Mr. Kellams had a seizure while driving. He rolled his vehicle several times and sustained two burst fractures of his vertebrae. The next day, he underwent spinal fusion surgery to stabilize the fractured vertebrae, but imaging in November 2009 showed “multiple chronic compression deformities in the thoracic spine” and “displacement of the anterior vertebral body fragment” in the lumbar spine. Aplt. App. at 386-87. Nearly a year later, in October 2010, Mr. Kellams filed for benefits, claiming he was disabled on the date of his accident by epilepsy and his back condition.

An ALJ denied benefits, but the Appeals Council remanded for additional proceedings. On remand, another ALJ held a second hearing at which Mr. Kellams described his conditions and their limiting effects. After considering his testimony and other evidence, the ALJ found that Mr. Kellams was severely impaired by two burst fractures of his T12 and L5 vertebrae, degenerative changes of the lumbar spine status post L4-S1 fusion, and a seizure disorder. Despite these impairments, however, the ALJ concluded at step five of the five-step evaluation process, see Wall v. Astrue, 561 F.3d 1048, 1052 (10th Cir. 2009) (explaining the five-step process), that Mr. Kellams was not disabled because he retained the residual functional capacity (RFC) to perform a limited range of light work. Specifically, the ALJ determined Mr. Kellams had the RFC for light work but must avoid hazards and repetitive lifting; cannot drive;- could occasionally engage in postural activities; and could not be exposed to heights, ladders, or scaffolds. In reaching this conclusion, the ALJ discounted Mr. Kellams’ credibility and gave little weight to his medical providers’ opinions. The magistrate judge affirmed, and Mr. Kellams appealed.

II

“We review the Commissioner’s decision to determine whether the correct legal standards were applied and whether the Commissioner’s factual findings are supported by substantial evidence in the record.” Langley v. Barnhart, 373 F.3d 1116, 1118 (10th Cir. 2004). “Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. (internal quotation marks omitted). “It is more than a scintilla, but less than a preponderance.” Newbold v. Colvin, 718 F.3d 1257, 1262 (10th Cir. 2013) (internal quotation marks omitted). “In addition to a lack of substantial evidence, the [Commissioner’s] failure to apply the correct legal standards, or to show us that she has done so, are also grounds for reversal.” Winfrey v. Chater, 92 F.3d 1017, 1019 (10th Cir. 1996). Under our standard of review, “we neither reweigh the evidence nor substitute our *912 judgment for that of the agency.” Newbold, 718 F.3d at 1262.

Mr. Kellams raises two issues on appeal. He first contends the ALJ’s partially adverse credibility finding is unsupported by substantial evidence. He says the evidence cited by the ALJ actually bolsters his credibility and there is other evidence of pain and dysfunction that was ignored by the ALJ. We have held that an ALJ cannot mischaracterize or downplay evidence to support his findings. See Talbot v. Heckler, 814 F.2d 1456, 1463-64 (10th Cir. 1987). And although an ALJ need not “discuss every piece of evidence,” he “must discuss the uncontroverted evidence he chooses not to rely upon, as well as significantly probative evidence he rejects.” Clifton v. Chater, 79 F.3d 1007, 1009-10 (10th Cir. 1996). As more fully discussed below, the ALJ mischaracterized or downplayed the severity of some evidence to support his adverse credibility finding, without considering other probative evidence that tends to support Mr. Kellams’ allegations of pain and limited functioning. This was error.

Mr. Kellams’ second point of contention is that the ALJ incorrectly evaluated his medical providers’ opinions. He argues that the ALJ discounted these opinions without citing substantial evidence and without properly considering the relevant factors set forth at 20 C.F.R. §§ 404.1527(c), 416.927(c). It is well established that an ALJ must consider the opinion of every medical source and provide specific, legitimate reasons for rejecting it. Doyal v. Barnhart, 331 F.3d 758, 764 (10th Cir. 2003). In weighing a medical source opinion, the ALJ must evaluate “all of the [relevant] factors set out in [20 C.F.R. §§ 404.1527(c), 416.927(c)],” mindful that an examining source opinion “is presumptively entitled to more weight than a doctor’s opinion derived from a review of the medical record.” Chapo v. Astrue, 682 F.3d 1285, 1291 (10th Cir. 2012). Here, the ALJ failed to provide specific, legitimate reasons for discounting the medical source opinions and presumptively dismissed the examining source opinions in favor of a reviewing physician’s opinion. This, too, was error. We elaborate on both of these issues raised by Mr. Kellams below.

A Credibility

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