Kerry L. Davis v. Jo Anne B. Barnhart

153 F. App'x 569
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 12, 2005
Docket05-10980; D.C. Docket 04-00267-CV-C-NE
StatusUnpublished
Cited by32 cases

This text of 153 F. App'x 569 (Kerry L. Davis v. Jo Anne B. Barnhart) 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
Kerry L. Davis v. Jo Anne B. Barnhart, 153 F. App'x 569 (11th Cir. 2005).

Opinion

PER CURIAM.

The Commissioner of the Social Security Administration (Commissioner) appeals the district court’s order reversing the Social Security Administration’s (SSA’s) denial of Kerry Davis’s application for disability insurance benefits, 42 U.S.C. § 405(g), and remanding with an award of benefits. The Commissioner asserts the district court’s reversal was in error, because substantial evidence supports the Administrative Law Judge’s (ALJ’s) decision that Davis was not disabled. In the alternative, the Commissioner contends if the district court was correct in finding substantial evidence does not support the ALJ’s decision, the district court should have remanded to the SSA for further proceedings, rather than directly awarding benefits. We reverse the district court, and remand with instructions to affirm the SSA’s decision to deny benefits.

I. DISCUSSION

With regard to its first argument, the Commissioner asserts the ALJ implicitly found Davis had failed the second prong of the pain standard in determining Davis did not suffer from completely disabling pain. The Commissioner further contends the ALJ articulated adequate reasons for discrediting Davis’s subjective testimony. The Commissioner argues the evidence strongly supported the ALJ’s finding that Davis retained the residual functional capacity to perform light work because (1) many of Davis’s treating physicians released Davis to return to work, (2) Davis’s functional capacity evaluation indicated Davis was able to perform light work, and (3) the vocational expert (VE) determined jobs existed in the national economy that an individual with Davis’s limitations could perform. The Commissioner also asserts the diagnosis of an impairment is not the determinative factor in finding a disability, but rather the effect the impairment has on the claimant’s ability to work. Finally, the Commissioner maintains because the ALJ’s decision was based on substantial evidence, the district court erred in reversing that decision.

We review a social security case to determine if the Commissioner’s decision, as a whole, was supported by substantial evidence in the record, which is “more than a mere scintilla, but less than a preponderance.” Dyer v. Barnhart, 395 F.3d 1206, 1210 (11th Cir.2005) (quotation omitted). We must affirm a Commissioner’s decision supported by substantial evidence, “even if the proof preponderates against it.” Id. (quotation omitted). ‘We may not decide facts anew, reweigh the evidence, or substitute our judgment for that of the [Commissioner.]” Id. (quotation omitted). *571 Moreover, “[w]e review de novo the district court’s decision on whether substantial evidence supports the ALJ’s decision.” Wilson v. Barnhart, 284 F.3d 1219, 1221 (11th Cir.2002).

A claimant applying for disability benefits must prove he is disabled. 20 C.F.R. § 404.1512; Moore v. Barnhart, 405 F.3d 1208, 1211 (11th Cir.2005). The Social Security Regulations outline a five-step sequential evaluation process for determining whether a claimant is disabled. 20 C.F.R. § 404.1520; Jones v. Apfel, 190 F.3d 1224,1228 (11th Cir.1999). First, the claimant must show he has not engaged in substantial gainful activity. Jones, 190 F.3d at 1228. Second, he must prove he has a severe impairment or combination of impairments. Id. In step three, if his impairment meets or equals a listed impairment, he is automatically found disabled. Id. If it does not, he must move on to step four, where he must prove he is unable to perform his past relevant work. Id. Finally, if the claimant cannot perform past relevant work, then the burden shifts to the Commissioner in the fifth step to show there is other work available in significant numbers in the national economy that the claimant is able to perform. Id.

Where a claimant attempts to establish a disability through personal testimony of pain, we apply the “pain standard,” which requires “(1) evidence of an underlying medical condition and either (2) objective medical evidence that confirms the severity of the alleged pain arising from that condition or (3) that the objectively determined medical condition is of such a severity that it can be reasonably expected to give rise to the alleged pain.” Dyer, 395 F.3d at 1210. “If a claimant testifies as to his subjective complaints of disabling pain ... the ALJ must clearly articulate explicit and adequate reasons for discrediting the claimant’s allegations of completely disabling symptoms.” Id. (quotation omitted). While the ALJ does not have to make an explicit finding regarding credibility, the implication must be obvious to the reviewing court; that is, the ALJ cannot make a broad rejection that does not allow the district court or this Court to conclude the ALJ considered the claimant’s medical condition as a whole. Id. Finally, we will not disturb an ALJ’s clearly articulated credibility finding supported by substantial evidence in the record. Foote v. Chater, 67 F.3d 1553, 1562 (11th Cir.1995).

The ALJ’s decision was supported by substantial evidence. The ALJ discussed the physicians’ diagnoses and treatment plans, Davis’s numerous test results, and Davis’s testimony. The evidence showed Davis was diagnosed with degenerative disc disease and prescribed pain medication and physical therapy. Several of the physicians specifically indicated Davis would be able to return to work.

The ALJ also considered Davis’s testimony regarding the side effects of his pain medications, but determined Davis did not complain about the side effects to any of his treating physicians, request his medications be changed, or report to his physicians that he has to lie down several hours each day due to the drowsiness caused by his medications. See Swindle v. Sullivan, 914 F.2d 222, 226 (11th Cir.1990) (holding an ALJ’s determination that side effects from medications did not cause a claimant significant problems was supported by substantial evidence where the claimant testified at the hearing that her medication might be causing headaches, but the record demonstrated the several treating and examining physicians did not have any concerns about side effects of the claimant’s medications). Moreover, the VE testified an individual with Davis’s impairments and limitations could perform other *572 work existing in the national economy. See Jones,

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153 F. App'x 569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kerry-l-davis-v-jo-anne-b-barnhart-ca11-2005.