Raymond v. Astrue

621 F.3d 1269
CourtCourt of Appeals for the Tenth Circuit
DecidedSeptember 28, 2010
Docket09-2094
StatusPublished
Cited by24 cases

This text of 621 F.3d 1269 (Raymond v. Astrue) 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
Raymond v. Astrue, 621 F.3d 1269 (10th Cir. 2010).

Opinion

621 F.3d 1269 (2009)

Ronald E. RAYMOND, Plaintiff-Appellant,
v.
Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

No. 09-2094. *1270

United States Court of Appeals, Tenth Circuit.

Filed December 15, 2009.
Ordered Published September 28, 2010.

*1271 Submitted on the briefs[*]

Francesca J. MacDowell, Martone Law Firm, Albuquerque, NM, for Plaintiff-Appellant.

Gregory J. Fouratt, United States Attorney, Manuel Lucero, Assistant United States Attorney, Michael McGaughran, Regional Chief Counsel, and Dianne Mullins Pryor, Special Assistant United States Attorney, Social Security Administration, Dallas, TX, for Defendant-Appellee.

Before LUCERO, GORSUCH, and HOLMES, Circuit Judges.

GORSUCH, Circuit Judge.

Ronald E. Raymond appeals the district court's order affirming the Commissioner's denial of his application for supplemental security income (SSI) payments. Discerning no reversible error, we affirm.

I

In his application for SSI payments, Mr. Raymond alleged he was disabled and unable to work due to degenerative lumbar and thoracic disc disease, a rotator cuff injury, an old fracture of the left hand, arthritis, and other maladies. To establish his disability, Mr. Raymond had to show that he suffered from

an inability to engage in any substantial gainful activity and a physical or mental impairment, which provides reason for the inability. The impairment must be a medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

Flaherty v. Astrue, 515 F.3d 1067, 1070 (10th Cir.2007) (internal citations and quotation marks omitted). The Social Security Commissioner concluded that Mr. Raymond failed to meet this threshold and so denied his initial benefits application, as well as his later application for reconsideration.

Mr. Raymond then requested and received a hearing before an administrative law judge (ALJ) where both he and a vocational expert testified. The ALJ, however, agreed with the Commissioner that Mr. Raymond was not entitled to benefits. The ALJ found that, although Mr. Raymond could not perform his past work, he retained the residual functional capacity to perform other jobs such as sales attendant, office helper, and rental clerk—all jobs available in significant numbers in the national economy. After the Appeals Council denied review, the ALJ decision became the final decision of the Commissioner. Mr. Raymond sought review of this decision in the district court, where the parties agreed to proceed before a magistrate judge. After that court declined to disturb any aspect of the Commissioner's decision, Mr. Raymond brought this appeal.

II

We may review the Commissioner's "decision only to determine whether the correct legal standards were applied and whether the factual findings are supported by substantial evidence in the record." Madrid v. Barnhart, 447 F.3d 788, 790 (10th Cir.2006). Substantial evidence is "such relevant evidence as a reasonable mind might accept as adequate to support *1272 a conclusion. It requires more than a scintilla, but less than a preponderance." Cowan v. Astrue, 552 F.3d 1182, 1185 (10th Cir.2008) (internal quotation marks omitted). Mr. Raymond believes the decision in this case warrants reversal under these standards for three reasons that merit discussion. We examine each in turn.

A

Mr. Raymond argues that the ALJ improperly assessed the opinion of his treating physician, Dr. Steve Petrakis. More specifically, Mr. Raymond argues that the ALJ improperly found that his March 2004 visit to Dr. Petrakis represented his last visit to the physician. Mr. Raymond alleges he saw Dr. Petrakis twice after March 2004—in July and October 2004—and the ALJ failed to consider records from these visits. An initial difficulty with this argument is that substantial evidence exists in this record to support the ALJ's finding. The evidence Mr. Raymond cites of the July visit does not indicate which physician of the various ones in the practice saw him. The evidence Mr. Raymond cites pertaining to the putative October visit does not show that Dr. Petrakis actually saw Mr. Raymond but suggests only that the two spoke by phone. Given the presence of substantial, if not undisputed, evidence in the record to support the ALJ's finding, we are unable to disturb it.

Mr. Raymond relatedly argues the ALJ should have but failed to give at least "some" weight to Dr. Petrakis's October 2004 notes. But the record before us reveals that the ALJ expressly did afford some, albeit "little," weight to Dr. Petrakis's opinions and his October 2004 notes. App. Vol. II at 17. To the extent that Mr. Raymond might be understood as contesting the ALJ's decision to decline to give the physician's opinion controlling weight, we likewise see no reversible error. An ALJ may decline to give controlling weight to the opinion of a treating physician where he "articulate[s] specific, legitimate reasons for his decision," Cowan, 552 F.3d at 1189, finding, for example, the opinion unsupported by "medically acceptable clinical and laboratory diagnostic techniques" or inconsistent with other substantial evidence in the record, see Watkins v. Barnhart, 350 F.3d 1297, 1300 (10th Cir.2003). The ALJ's opinion in this case does just these things. For example, the ALJ noted that Dr. Petrakis's very brief October 2004 notations simply recite Mr. Raymond's complaints; that those notes do not appear to be based on a physical examination; that they provide little analysis of Mr. Raymond's physical limitations; and that they are inconsistent with other medical evidence in the record largely based on physical examinations of Mr. Raymond. In light of all this, the ALJ determined that, while Dr. Petrakis's opinion was worthy of some weight, it did not merit controlling weight because it was "brief, conclusory, and unsupported by objective medical findings." App. Vol. II at 17. Each of these findings is supported by substantial evidence in the record.[1]

B

Mr. Raymond next contends that the ALJ's decision to discount his own credibility was improper. We have explained, however, that "[c]redibility determinations are peculiarly the province of *1273 the finder of fact, and we will not upset such determinations when supported by substantial evidence." Hackett v. Barnhart, 395 F.3d 1168, 1173 (10th Cir.2005). At the same time, we have indicated that "findings as to credibility should be closely and affirmatively linked to substantial evidence and not just a conclusion in the guise of findings." Id.

The ALJ's finding was so linked in this case. The ALJ expressly stated that he reached his credibility assessment only after a careful consideration of the record, and he then proceeded to offer extensive reasons for his credibility finding, reciting and relying on a great deal of record evidence:

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Bluebook (online)
621 F.3d 1269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raymond-v-astrue-ca10-2010.