Lopez v. Barnhart

78 F. App'x 675
CourtCourt of Appeals for the Tenth Circuit
DecidedOctober 16, 2003
Docket03-2035
StatusUnpublished
Cited by8 cases

This text of 78 F. App'x 675 (Lopez v. Barnhart) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lopez v. Barnhart, 78 F. App'x 675 (10th Cir. 2003).

Opinion

ORDER AND JUDGMENT *

BALDOCK, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously to grant the parties’ request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Claimant David Lopez appeals from a district court order affirming the Commissioner’s decision denying his application for supplemental security income and disability insurance benefits. The Commissioner concluded that claimant was not disabled within the meaning of the Social Security Act because, despite his limitations, he was able to perform a significant number of jobs that exist in the national economy. We affirm in part, and reverse and remand in part for further proceedings.

Claimant filed applications for benefits in 1999 and 2000, alleging inability to work due to arthritis, gastroesophageal reflux disease and depression. His applications were denied initially and on reconsideration. Following a hearing before an administrative law judge (ALJ), the ALJ found that claimant was impaired by chronic low back pain, arthritis, major depression with anxiety, and gastroesophageal reflux, and that these impairments precluded him from doing his past relevant work. The ALJ further found that claimant retained the residual functional capacity (RFC) to perform simple, non-public, light work with occasional postural limitations and not involving concentrated exposure to heights. The ALJ determined that claimant was not disabled at step five of the five-step sequential process, see Williams v. Bowen, 844 F.2d 748, 750-52 (10th Cir.1988), because he could perform substantially the full range of light work. Although the ALJ questioned a vocational expert (VE), he used Rule 202.17 from the Medical Vocational Guidelines (the “grids”), 20 C.F.R. pt. 404, subpt. P, app. *677 2, to conclude that claimant was not disabled. 1

This court reviews the Commissioner’s decision to determine only whether the relevant findings are supported by substantial evidence in light of the entire record, and whether the Commissioner applied the correct legal standards. O’Dell v. Shalala, 44 F.3d 855, 858-59 (10th Cir. 1994). “Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. at 858 (quotation omitted). “Evidence is insubstantial if it is overwhelmingly contradicted by other evidence.” Id. In the course of our review, we may “neither reweigh the evidence nor substitute our judgment for that of the [Commissioner].” Casias v. Sec’y of Health & Human Servs., 933 F.2d 799, 800 (10th Cir.1991). “Failure to apply the correct legal standard or to provide this court with a sufficient basis to determine that appropriate legal principles have been followed is grounds for reversal.” Byron v. Heckler, 742 F.2d 1232, 1235 (10th Cir. 1984) (quotation omitted).

On appeal, claimant first contends the ALJ’s assessment of his mental impairment is unsupported by substantial evidence and is legally erroneous. Based largely upon the mental RFC assessment report and Psychiatric Review Technique Form completed by Dr. Walker, a reviewing psychiatrist, the ALJ found that claimant had marked limitations in his abilities to understand, remember, and carry out detailed instructions, and to interact appropriately with the general public, but that claimant would still be capable of performing simple, non-public, light work.

Claimant contends the ALJ’s assessment of his mental impairment is not supported by substantial evidence because it ignored Dr. Walker’s conclusion that claimant required a solitary work setting. We disagree. Dr. Walker concluded that claimant could “work in a relatively solitary work setting such as his prior custodial work.” Appellant’s App., Vol. II, at 162. The ALJ’s finding that claimant could work in a simple, non-public work setting fully takes into account the limitations found by Dr. Walker.

We also disagree with claimant’s assertion that either the ALJ or Dr. Walker failed to give sufficient weight to the report of Dr. Sacks, a one-time examining physician. The ALJ accurately noted Dr. Sacks’ observation that claimant would have great difficulty dealing with fellow workers and supervisors, could not drive himself, and would have difficulty adapting to changes in the work place, understanding even simple instructions, with maintaining the attention required to perform simple tasks and withstanding the stress and pressure associated with day-to-day work activities. The ALJ also noted Dr. Sacks’ observation that claimant had only tried one anti-depressant because he had previously refused to take anti-depressant medication.

The ALJ did not specifically discuss Dr. Sacks’ conclusion that claimant’s Global Assessment of Functioning (GAF) score “during the last year and currently is about 40.” Id., at 158. The GAF scale is used by clinicians to report an individual’s overall level of functioning. See American Psychiatric Assoc., Diagnostic and Statistical Manual of Mental Disorders 32 (Text *678 Revision 4th ed.2000). A GAF of 31-40 indicates “[s]ome impairment in reality testing or communication ... OR major impairment in several areas, such as work ..., family relations, [or] judgment,” while a GAF of 41-50 indicates “[s]erious symptoms ... OR any serious impairment in social or occupational ... functioning.” Id., at 34.

Contrary to claimant’s contention, a GAF score of 40 may indicate problems that do not necessarily relate to the ability to hold a job. See id. Thus, standing alone, the GAF score does not evidence an impairment seriously interfering with claimant’s ability to work. “While a GAF score may be of considerable help to the ALJ in formulating the RFC, it is not essential to the RFC’s accuracy.” Howard v. Comm’r of Soc. Sec. 276 F.3d 235, 241 (6th Cir.2002) (holding that “ALJ’s failure to reference the GAF score in the RFC, standing alone, does not make the RFC inaccurate”). Dr. Sacks did not indicate that claimant could not work. His assessment of claimant’s GAF score, standing alone, does not undermine, nor is it “significantly probative” evidence in opposition to, the ALJ’s ultimate conclusions concerning the seriousness of claimant’s mental status or ability to work. Briggs ex rel. Briggs v. Massanari, 248 F.3d 1235

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Bluebook (online)
78 F. App'x 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-barnhart-ca10-2003.