Michael J. Castro v. Jo Anne B. Barnhart

119 F. App'x 840
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 13, 2005
Docket04-1843
StatusUnpublished
Cited by3 cases

This text of 119 F. App'x 840 (Michael J. Castro v. Jo Anne B. Barnhart) 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
Michael J. Castro v. Jo Anne B. Barnhart, 119 F. App'x 840 (8th Cir. 2005).

Opinion

PER CURIAM.

Michael J. Castro appeals the district court’s 1 denial of his application for dis *842 ability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act, 42 U.S.C. § 1381 et seq. He argues that the Administrative Law Judge failed to give controlling weight to the opinions of a physical therapist and a treating physician, and improperly discounted his own testimony. Jurisdiction being proper under 28 U.S.C. § 1291, the district court is affirmed.

Castro had back surgery in December 2000, for a workplace injury. He did not complain of pain until Disability Determination Services referred him to James Putnam, M.D., for a consultative examination in April 2002. Since the surgery, Castro had not seen a doctor or taken medication for back pain; he stated he relied on ice and aspirin. Dr. Putnam found Castro’s back problems “largely subjective.” Castro had a normal gait, the ability to walk tandem, and normal fine and gross movements in his extremities. He also had normal range of motion and could perform straight-leg raises to 60 degrees without difficulty. Dr. Putnam reported Castro had some discomfort but no spasms, spasticity, or atrophy.

Ten months after Dr. Putnam’s examination, Loren Arp, a physical therapist, evaluated Castro for “physical capacity” for one hour. Arp stated Castro should not bend, stop, squat, or climb stairs, and could sit for 20 minutes at a time and stand for 10 minutes at a time. Arp believed Castro’s pain interfered with his ability to concentrate, due to tenderness, crepitus, muscle spasms, and severe muscle weakness. Arp concluded Castro was limited to less than sedentary work.

At the administrative hearing, Castro presented a letter by Dr. Ridenour, his treating doctor, stating that Castro cooperated with Arp “and this indicates validity of the results.” The letter references the physical capacity evaluation, but Dr. Ridenour did not perform his own examination. He merely adopted Arp’s recommendation of “less than sedentary” work.

After his back surgery, but before Dr. Putnam’s examination, Castro suffered a fracture and laceration of 'the left-upper eye lid. Treating the injury, the emergency-room doctor noted Castro’s limbs were developed, with normal motor strength. During months of follow-up treatment, Castro never complained .of back pain.

We uphold the Commissioner’s denial of benefits if supported by substantial evidence on the whole record. Clark v. Apfel, 141 F.3d 1253, 1255 (8th Cir.1998). Substantial evidence is evidence that a reasonable mind finds adequate to support a decision, considering both detracting and supporting evidence. Young v. Apfel, 221 F.3d 1065, 1068 (8th Cir.2000). This court may not reverse merely because some evidence supports a contrary decision. Baldwin v. Barnhart, 349 F.3d 549, 555 (8th Cir.2003).

Castro asserts that the ALJ failed to give controlling weight to the opinions of therapist Arp and Dr. Ridenour. A physical therapist is not an “acceptable medical source” whose opinion is entitled to substantial weight. 20 C.F.R. § § 404.1513 and 416.913. A therapist’s assessment is “other medical evidence.” 20 C.F.R'. § 404.1513(d)(1). When assigning weight to “other medical evidence,” the ALJ may consider any inconsistencies with the record. 20 C.F.R. § 416.927(d)(4).

The ALJ, here, concluded that “significant weight is not given to the opinion of the physical therapist because it is not supported by and inconsistent with the record as a whole, not because he is not a licensed physician.” Arp claimed Castro had tenderness, crepitus, muscle spasms, and severe muscle weakness, yet Dr. Putnam found no signs of spasms or atrophy. *843 Arp stated Castro could walk less than one block, but Dr. Putnam observed normal fíne and gross movements and the ability to walk tandem. Castro did not complain of pain or take pain medications, other than ice and aspirin, yet Arp asserted he was in severe pain. The ALJ stated, “The lack of more potent pain medications tends to show an absence of intolerable, work-precluding pain.” Substantial evidence supports the ALJ’s refusal to give Arp’s opinion controlling weight.

Castro also argues the ALJ erred by not affording Dr. Ridenour’s opinion controlling weight. “A treating physician’s opinion regarding an applicant’s impairment will be granted controlling weight, provided the opinion is well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in the record.” Singh v. Apfel, 222 F.3d 448, 452 (8th Cir.2000), see also Stormo v. Barnhart, 377 F.3d 801, 805 (8th Cir.2004). Dr. Ridenour’s opinion merits less weight as it was inconsistent with the record as whole. See id. at 806 (citing Piepgras v. Chater, 76 F.3d 233, 236 (8th Cir.1996)). The longer and more frequently a doctor has treated, the greater the weight given. 20 C.F.R. § 404.1527(d)(2)(i); see also Shontos v. Barnhart, 328 F.3d 418 (8th Cir.2003). Dr. Ridenour performed the lumbar surgery two years earlier, but never saw Castro again. Dr. Ridenour simply summarized the therapist’s conclusions, noting cooperation that indicates validity. Without an independent examination, or an ongoing relationship, Dr. Ridenour’s reference to the therapist’s opinion does not warrant controlling weight.

The ALJ, instead, afforded more weight to Dr. Putnam’s opinion, which was supported by medical findings and consistent with the record as a whole. Generally, the opinion of a consulting physician does not constitute substantial evidence, but an ALJ may credit a one-time consultant and discount a treating physician’s opinion in two instances: “(1) where [the one-time] medical assessments are supported by better or more thorough medical evidence, or (2) where a treating physician renders inconsistent opinions that undermine the credibility of such opinions.” Anderson v. Barnhart,

Related

Paula Michel v. Carolyn W. Colvin
640 F. App'x 585 (Eighth Circuit, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
119 F. App'x 840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-j-castro-v-jo-anne-b-barnhart-ca8-2005.