Leomares Tavarez v> Commissioner of Social Security

638 F. App'x 841
Court of Appeals for the Eleventh Circuit·Decided January 7, 2016·No. 15-11860·Unpublished·Cited by 21 cases

Opinion

*843 PER CURIAM:

Leomares Tavarez appeals the district court’s order affirming the decision of the Commissioner of the Social Security Administration (“Commissioner”) to deny her applications for disability insurance benefits and supplemental security income (collectively, “disability benefits”), pursuant to 42 U.S.C. §§ 405(g) and 1883(c)(3). First, Tavarez argues that the administrative law judge (“ALJ”) did not use the proper standards when reviewing the medical opinions from her treating physicians and an examining physician and that substantial evidence does not support the ALJ’s evaluation of those opinions. Second, she contends that the ALJ did not use the .proper standards to assess the credibility of her testimony and that substantial evidence does not support the ALJ’s determination that her testimony was only partially credible. Finally, she asserts that the ALJ’s determination of her residual functional capacity (“RFC”) is not supported by substantial evidence. After careful review, we vacate the district court’s order and remand with instructions to remand the matter to the Commissioner for further proceedings.

I.

In December 2010, Tavarez filed for disability benefits vrith the Commissioner, alleging that she was disabled as a result of rheumatoid arthritis. The Commissioner denied Taverez’s applications initially and upon reconsideration. Tavarez then requested a hearing before an ALJ, which was held in May 2012.

At the hearing, Tavarez amended her applications to state that her disability onset date was December 31, 2008, when she was terminated from her position making reservations for a cruise line. 1 She reported that she was fired because she was unable to type quickly enough. Tavarez was 57 years old at the time of the hearing. She attended two years of college but did not receive a degree. Her past relevant work was as a gate agent, a reservations agent, and a ticket agent.

The evidence before the ALJ consisted of the following: live testimony from Tava-rez and a vocational expert; medical reports and notes from Tavarez’s treating physicians, Dr. Elias Halpert and Dr. Osvaldo Torres; medical reports and notes from an examining physician, Dr. Alvin Stein, and from the Commission’s consulting physician, Dr. Luis Cortes; and an • RFC assessment completed by Dr. Nicolas Bancks, a state agency physician.

According to Tavarez’s hearing testimony, Tavarez’s rheumatoid arthritis affected her fingers, wrists, ankles, knees, and shoulders. She had difficulty typing, cooking, bathing, dressing herself, and performing other household chores. Her fingers swelled with use. She was unable to sit or stand for longer than two hours in an eight-hour workday and had trouble standing or sitting for. more than fifteen minutes at a time. She often had to elevate her legs. She could lift three-to-four pounds. Tavarez attested that she had fallen several times due to lack of balance. She took medication for her arthritis, and she wore braces on her wrists to prevent movement and pain.

Dr. Halpert, a rheumatologist, completed an arthritis impairment questionnaire for Tavarez in March 2011. Dr. Halpert had treated Tavarez for arthritis since February 2005. According to Dr. Halpert, Tavarez suffered from chronic rheumatoid arthritis with limited range of motion in her wrists, joint tenderness in her shoulders and wrists, joint swelling in her hands *844 and ankles, and reduced grip strength in both hands. Dr. Halpert stated that Tava-rez could initiate but not sustain or complete fine and gross movements with her hands. He opined that, over an eight-hour workday, Tavarez had marked limitations in her abilities to grasp, manipulate, or reach for objects with either hand. Further, Dr. Halpert opined that Tavarez could sit for two hours in an eight-hour workday and stand or walk for one hour in an eight-hour workday; she needed to move around for a five-minute period every thirty minutes; she could occasionally lift and carry up to five pounds; she could not push, pull, kneel, bend, or stoop; and ' she likely would miss two to three workdays per month. Dr. Halpert also stated that Tavarez’s pain and fatigue would- frequently interfere with her attention and concentration.

Dr. Torres, an internist, had treated Ta-varez since 2006. Dr. Torres completed a multiple impairment questionnaire for Ta-varez in April 20Í1. Dr. Torres’s evaluation was largely consistent with Dr. Hal-pert’s. According to Dr. Torres, Tavarez suffered from chronic rheumatoid arthritis, which caused severe and incapacitating pain, decreased range of motion in her joints, and joint swelling. Dr. Torres estimated that Tavarez could sit for less than an hour and stand or walk for less than an hour in an eight-hour workday, that she would need to get up every thirty minutes to move around, and that Tavarez occasionally could lift and carry up to five pounds. Dr. Torres opined that Tavarez had marked limitations in grasping ob-. jects, performing fine manipulations, and reaching with either hand. These symptoms, Dr. Torres stated, would likely worsen in a competitive work environment. Her pain and fatigue also interfered with her attention and concentration. Like Dr. Halpert, Dr. Torres stated that Tavarez would have good days and bad days, and she likely would miss more than three workdays a month.

Dr. Stein, an orthopedic surgeon, evaluated Tavarez on April 26, 2012. Dr. Stein completed a lumbar spine impairment questionnaire. He stated that Tavarez could not sit continuously, stand continuously, or walk continuously in a work environment, that she could occasionally lift and carry up to 10 pounds, that her pain and other symptoms constantly interfered with her attention and concentration, that she would need to take unscheduled breaks, and that she was likely to miss more than three workdays a month. Dr. Stein concluded that Tavarez was totally disabled.

Dr. Cortes evaluated Tavarez at the request of the Commissioner in January 2011. Dr. Cortes did “not find any significant limitations in the areas of sitting, walking, lifting, carrying, seeing, hearing[,] and speaking.” Dr. Cortes did find that Tavarez suffered from “mild tenderness” in her wrists, hands, and shoulders as a result of her rheumatoid arthritis but concluded that this tenderness caused no functional limitations.

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Leomares Tavarez v> Commissioner of Social Security, 638 F. App'x 841 (11th Cir. 2016).

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