Rhodes v. Barnhart

117 F. App'x 622
CourtCourt of Appeals for the Tenth Circuit
DecidedSeptember 7, 2004
Docket03-7125
StatusUnpublished
Cited by13 cases

This text of 117 F. App'x 622 (Rhodes 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
Rhodes v. Barnhart, 117 F. App'x 622 (10th Cir. 2004).

Opinion

ORDER AND JUDGMENT *

PORFILIO, 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.

Plaintiff-appellant Jerry Rhodes appeals from an order of the district court affirming the Social Security Administration’s decision denying his application for disability insurance benefits. We exercise jurisdiction under 42 U.S.C. § 405(g) and 28 U.S.C. § 1291. We affirm in part, reverse in part, and remand this matter to the Commissioner for further proceedings.

Plaintiff claims that he has been unable to work since October 14, 2000 due to lung problems and back pain. After his application for disability benefits was denied initially and on reconsideration, a de novo hearing was held before an administrative law judge (ALJ). Subsequently, in a decision dated March 27, 2002, the ALJ denied plaintiffs application for disability benefits, concluding that plaintiff was not disabled because: (1) although he suffered from severe impairments in the form of chronic obstructive pulmonary disease and osteoarthritis which prevented him from performing his past relevant work as a heavy equipment operator and pipeline foreman, he retained the residual functional capacity (RFC) to perform sedentary work; and (2) based on the testimony of the vocational expert at the hearing before the ALJ, he was capable of performing other jobs that existed in significant numbers in the national economy.

In January 2003, the Appeals Council denied plaintiffs request for review of the ALJ’s decision. Plaintiff then filed a complaint in the district court. After the parties consented to having a magistrate judge decide the case, a magistrate judge entered an order affirming the ALJ’s deci *625 sion denying plaintiffs application for disability benefits. This appeal followed.

Because the Appeals Council denied review, the ALJ’s decision is the Commissioner’s final decision for purposes of this appeal. See Doyal v. Barnhart, 331 F.3d 758, 759 (10th Cir.2003). In reviewing the ALJ’s decision, “we neither reweigh the evidence nor substitute our judgment for that of the agency.” Casias v. Sec’y of Health & Human Servs., 933 F.2d 799, 800 (10th Cir.1991). Instead, we review the ALJ’s decision only to determine whether the correct legal standards were applied and whether the ALJ’s factual findings are supported by substantial evidence in the record. Doyal, 331 F.3d at 760. “Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. (quotation omitted). “A decision is not based on substantial evidence if it is overwhelmed by other evidence in the record or if there is a mere scintilla of evidence supporting it.” Bernal v. Bowen, 851 F.2d 297, 299 (10th Cir.1988).

In this appeal, plaintiff claims the ALJ’s decision denying his application for disability benefits must be reversed because: (1) there is new and material evidence that should be included in the administrative record; (2) the ALJ’s decision that plaintiff was not credible was not supported by substantial evidence in the record; (3) the ALJ’s RFC determination was not supported by substantial evidence in the record; and (4) the ALJ’s conclusion that plaintiff can perform other jobs that exist in significant numbers in the national economy was not supported by substantial evidence in the record. Having carefully reviewed the record and the pertinent legal authorities, we conclude that plaintiffs first three arguments are without merit. We agree with plaintiff, however, that the ALJ committed reversible error by failing to properly analyze the issue of whether plaintiff could perform other jobs that exist in significant numbers in the national economy.

A. New Evidence.

Plaintiff submitted new evidence to the district court that was not available at the time of the administrative hearing before the ALJ. The evidence consisted of: (1) medical records from the Sparks Regional Medical Center in Fort Smith, Arkansas, documenting treatment that plaintiff received at the center in October 2002, see Aplt. Br., Att. B; and (2) a “Rating Decision” from the United States Department of Veterans Affairs dated May 22, 2003 and a related letter to plaintiff from the Department dated June 5, 2003, id., Att. C. Relying on 42 U.S.C. § 405(g), plaintiff argued that, in light of this new evidence, the district court was required to remand this matter to the Commissioner for a new disability determination. The district court denied plaintiffs request for a remand, and we agree with the district court that a remand is not appropriate.

Section 405(g) provides as follows:

The [district] court may ... at any time order additional evidence to be taken before the Commissioner of Social Security, but only upon a showing that there is new evidence which is material and that there is good cause for the failure to incorporate such evidence into the record in a prior proceeding....

42 U.S.C. § 405(g). “In order to find a remand appropriate, we normally must determine that the new evidence would have changed the [Commissioner’s] decision had it been before [her].” Hargis v. Sullivan, 945 F.2d 1482, 1493 (10th Cir.1991). “Implicit in this requirement is that the proffered evidence relate to the time period for which the benefits were denied.” Id. Thus, it is well established that a remand *626 will not be granted under § 405(g) if the new evidence shows only a “subsequent deterioration of the previously nondisabling condition.” Szubak v. Sec’y of Health & Human Servs., 745 F.2d 831, 833 (3d Cir.1984); accord Jones v. Callahan, 122 F.3d 1148, 1154 (8th Cir.1997); Sizemore v. Sec’y of Health & Human Servs., 865 F.2d 709, 712 (6th Cir.1988); Bradley v. Bowen,

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117 F. App'x 622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhodes-v-barnhart-ca10-2004.