Melissa C. Pirtle v. Michael J. Astrue, 1 Commissioner, Social Security Administration

479 F.3d 931, 2007 WL 763818
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 15, 2007
Docket06-2363
StatusPublished
Cited by46 cases

This text of 479 F.3d 931 (Melissa C. Pirtle v. Michael J. Astrue, 1 Commissioner, Social Security Administration) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Melissa C. Pirtle v. Michael J. Astrue, 1 Commissioner, Social Security Administration, 479 F.3d 931, 2007 WL 763818 (8th Cir. 2007).

Opinion

SHEPHERD, Circuit Judge.

Melissa C. Pirtle applied for disability insurance benefits (“DIB”) and supplemental security income benefits (“SSI”) pursuant to Titles II and XVI of the Social Security Act, 42 U.S.C. § 405. Pirtle’s applications for benefits were denied by the Commissioner of the Social Security Administration (“Commissioner”). The district court 2 affirmed the decision of the Commissioner. From that decision, Pirtle appeals. We affirm.

I.

Pirtle applied for benefits on June 15, 2001. At the time of the administrative law judge’s (“ALJ”) decision, Pirtle was thirty-two years old and had a high school education. She had past relevant work experience as a sewing machine operator, dairy laborer, and dairy milking machine operator. Pirtle alleged an onset date of April 1, 2000, in her applications for benefits. However, the onset date was later amended to reflect the alleged onset date of June 7, 2001. The amendment was necessary to properly reflect the relevant periods of her prior unsuccessful applications for benefits, from which she sought no judicial review.

Pirtle alleged she was entitled to disability benefits due to degenerative joint disease of the knee, fibromyalgia, joint pain, headaches, stomach pain, heart palpitations, fatigue, neck strain, gastritis, lumbar pain and strain, scoliosis, and thoracic strain. Following the sequential analysis, the ALJ first found that Pirtle had not engaged in substantial gainful activity during the relevant period. At steps two and three of the sequential analysis, the ALJ found that Pirtle’s impairments were “severe” within the meaning of the Social Security Act, but that the impairments did not meet or equal any listed impairment. At the fourth step, the ALJ determined that Pirtle had the residual functional capacity (“RFC”) to perform a significant range of light work, including the ability to “occasionally lift 20 pounds and frequently *933 carry 10 pounds ... stand and walk a total of 4 hours daily, 2 hours at a time ... sit 4 hours daily, for 1 hour at a time ... occasionally climb, stoop, kneel, crouch, and bend.” The ALJ also found that Pir-tle should avoid heights and hazardous unprotected moving equipment, and that she would benefit from fifteen minute rest periods every three hours. The ALJ determined that, with these limitations, Pir-tle could not perform any of her past relevant work. At step five of the sequential analysis, the ALJ relied on the testimony of a vocational expert (“VE”) and found Pirtle was not disabled because there are other jobs available in substantial numbers in the national economy which Pirtle could perform.

On December 10, 2008, the administrative law judge (“ALJ”) issued the final decision of the Commissioner denying Pir-tle’s claims. Following the denial of review by the Appeals Council, Pirtle appealed the denial of benefits to the district court. The district court affirmed the findings of the Commissioner. From that decision, Pirtle appeals.

On appeal, Pirtle argues that the ALJ erred by: 1) declining to give controlling weight to the opinion of her primary treating physician; 2) failing to consider the severity and disabling nature of fibromyal-gia; and 3) finding her testimony less than fully credible.

II.

This court reviews a district court’s decision upholding the denial of social security benefits de novo. Pelkey v. Barnhart, 433 F.3d 575, 577 (8th Cir.2006). If the decision of the Commissioner is supported by substantial evidence on the record as a whole, we must affirm. Harris v. Barnhart, 356 F.3d 926, 928 (8th Cir.2004). Substantial evidence is less than a preponderance, but enough that a reasonable mind would find it adequate to support the ALJ’s determination. Guilliams v. Barnhart, 393 F.3d 798, 801 (8th Cir.2005). We must consider the evidence which detracts from the Commissioner’s decision, as well as the evidence in support of the decision. Karlix v. Barnhart, 457 F.3d 742, 746 (8th Cir.2006). However, we will not reverse simply because some evidence supports a conclusion other than that of the Commissioner. Pelkey, 433 F.3d at 578. Likewise, we must defer to an ALJ’s well-reasoned determinations of credibility if they are supported in the record by substantial evidence. Id.

III.

Pirtle argues that the ALJ erred in failing to give appropriate and controlling weight to the opinion of Michael D. Ball, D.O., her primary treating physician. We are not persuaded by Pirtle’s argument.

A treating physician’s opinion is due “controlling weight” if that opinion is “ ‘well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in [the] record.’” Prosch v. Apfel, 201 F.3d 1010, 1012-13 (8th Cir.2000) (quoting 20 C.F.R. § 404.1527(d)(2) (2000)). “Although a treating physician’s opinion is entitled to great weight, it does not automatically control or obviate the need to evaluate the record as whole.” Hogan v. Apfel, 239 F.3d 958, 961 (8th Cir.2001). When a treating physician’s notes are inconsistent with his or her residual, functional capacity assessment, we decline to give controlling weight to the residual functional capacity assessment. See Hacker v. Barnhart, 459 F.3d 934, 937 (8th Cir.2006).

Dr. Ball completed two RFC assessments for Pirtle. The first was completed on March 16, 2001, and the second was *934 completed on July 18, 2003. Dr. Ball’s March 16, 2001, RFC analysis indicated that Pirtle has the following work related abilities and restrictions: frequently lift/carry five pounds; occasionally lift/carry ten pounds; stand/walk for three hours; sit for four hours; perform only limited push/pull motions; frequently balance; occasionally stoop, kneel, crouch, and bend; never climb; occasionally reach, handle, and finger; frequently feel; unlimited ability to see, hear and speak; environmental restrictions including restricted exposure to heights and vibrations; and he noted that it was unknown as to whether periods of rest would be medically helpful to Pirtle. Pirtle’s previous applications for benefits were denied on June 6, 2001, and were not appealed.

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479 F.3d 931, 2007 WL 763818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melissa-c-pirtle-v-michael-j-astrue-1-commissioner-social-security-ca8-2007.