Sherrin M. Schuhardt v. Michael J. Astrue

303 F. App'x 757
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 17, 2008
Docket08-11772
StatusUnpublished
Cited by5 cases

This text of 303 F. App'x 757 (Sherrin M. Schuhardt v. Michael J. Astrue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sherrin M. Schuhardt v. Michael J. Astrue, 303 F. App'x 757 (11th Cir. 2008).

Opinion

PER CURIAM:

Sherrin M. Schuhardt applied for Social Security disability benefits, 42 U.S.C. § 405(g), and supplemental security income, 42 U.S.C. § 1383(a)(3). The Administrative Law Judge (“ALJ”) determined that Schuhardt was ineligible for disability benefits. The ALJ found that she was not disabled and could perform her past relevant work. The district court adopted the magistrate judge’s report and recommendation and affirmed.

On appeal, Schuhardt argues that substantial evidence does not support the ALJ’s failure to give considerable weight to her treating physician’s opinion. She further argues that substantial evidence does not support the ALJ’s finding that her subjective evidence of pain lacked credibility. We affirm.

I. Standard of Review

In reviewing a denial of disability benefits, “[w]e may not decide the facts anew, reweigh the evidence, or substitute our judgment for that of the [Commissioner]; rather [w]e must scrutinize the record as a whole to determine if the decision reached is reasonable and supported by substantial evidence.” Martin v. Sullivan, 894 F.2d 1520, 1529 (11th Cir.1990) (citation and quotation marks omitted) (first and third alterations in original). “Substantial evidence ... is more than a scintilla, but less than a preponderance: [i]t is such relevant evidence as a reasonable person would accept as adequate to support a conclusion.” Id. (citation and quotation marks omitted) (alteration in original).

II. Discussion

A. Substantial Evidence Review

As a preliminary matter, the Commissioner argues that because Schuhardt did not object to the magistrate judge’s report, Schuhardt waived substantial evidence review. We disagree because the district court reviewed the ALJ’s factual findings to determine whether they were supported by substantial evidence. See id. Since neither the magistrate judge nor the district court made any factual findings to which Schuhardt could have objected, she did not waive substantial evidence review. We will accordingly review the ALJ’s decision and determine whether it is supported by substantial evidence.

B. The ALJ’s Decision

In evaluating a claim for disability benefits, the ALJ evaluates the claimant’s case according to the following five steps:

1. Is the individual performing substantial gainful activity;
2. Does she have a severe impairment;
3. Does she have a severe impairment that meets or equals an impairment specifically listed in 20 C.F.R. Part 404, Subpart P, Appendix 1;
4. Can she perform her past relevant work; and
*759 5. Based on her age, education, and work experience, can she perform other work of the sort found in the national economy.

Phillips v. Barnhart, 357 F.3d 1232, 1237 (11th Cir.2004). At the fourth and fifth steps, the ALJ determines the claimant’s Residual Functional Capacity (“RFC”) and ability to perform her past relevant work by considering her ability to sit, stand, walk, lift, carry, push, pull, reach, handle, stoop, crouch, and other work-related physical demands. See 20 C.F.R. §§ 404.1520(e) and (f), 404.1545(b).

To support a conclusion that the claimant is able to return to her past relevant work, “the ALJ must consider all the duties of that work and evaluate her ability to perform them in spite of her impairments.” Lucas v. Sullivan, 918 F.2d 1567, 1574 n. 3 (11th Cir.1990). The claimant bears the burden of demonstrating that she cannot return to her past relevant work. Id. at 1571.

Here, the ALJ ended the analysis at the fourth step, concluding that Schuhardt could perform her past relevant work. The ALJ found that the treating physician’s opinion was entitled to little weight and that Schuhardt’s subjective evidence of pain was not credible. We discuss each finding in turn.

1. The Treating Physician’s Opinion

The ALJ considers many factors when weighing medical opinions, including the examining relationship, the treatment relationship, the amount of objective support underlying the opinion, whether an opinion is consistent with the record, and a doctor’s specialization. 20 C.F.R. § 404.1527(d)(l)-(6). The opinions of examining physicians are generally given more weight than non-examining physicians; treating physicians receive more weight than non-treating physicians; and specialists on issues within their areas of expertise receive more weight than nonspecialists. See § 404.1527(d)(1), (2), (5). When the ALJ does not give controlling weight to the treating physician’s opinion, the ALJ applies other factors such as the length of treatment, the frequency of examination, the nature and extent of the relationship, the opinion’s supportability, the opinion’s consistency with other evidence, and the physician’s specialization. See § 404.1527(d)(2)-(6).

The treating physician’s opinion “must be given substantial or considerable weight unless good cause is shown to the contrary.” Phillips, 357 F.3d at 1240 (citation and quotation marks omitted). “[G]ood cause exists when the: (1) treating physician’s opinion was not bolstered by the evidence; (2) evidence supported a contrary finding; or (3) treating physician’s opinion was conclusory or inconsistent with the doctor’s own medical records.” Id. at 1241 (citation and quotation marks omitted). When the ALJ articulates specific reasons for not giving the treating physician’s opinion controlling weight, and those reasons are supported by substantial evidence, there is no reversible error. See Moore v. Barnhart, 405 F.3d 1208, 1212 (11th Cir.2005) (per curiam).

Here, the treating physician found that Schuhardt could work only 6 to 7 hours a day, 5 days a week if she could sit or stand at will. The physician reported in February 2004 that Schuhardt could not type or sit in one position for a prolonged period of time. But the physician reported in October 2005 that Schuhardt’s Permanent Impairment Rating was 4% of the whole person.

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303 F. App'x 757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherrin-m-schuhardt-v-michael-j-astrue-ca11-2008.