Theresa Good v. Michael J. Astrue

240 F. App'x 399
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 12, 2007
Docket07-11089
StatusUnpublished
Cited by12 cases

This text of 240 F. App'x 399 (Theresa Good 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
Theresa Good v. Michael J. Astrue, 240 F. App'x 399 (11th Cir. 2007).

Opinion

PER CURIAM:

Theresa Good appeals the district court’s affirmance of the Social Security Commissioner’s (“Commissioner’s”) denial of disability and Supplemental Security Income (“SSI”) benefits. After a thorough review of the record, we affirm.

Good was a 43 years old high school graduate with prior work experience as a waitress, cashier, and restaurant manager. Due to fibromyalgia, 1 asthma, and panic attacks, she could no longer work, and *401 Good filed applications for disability and SSI benefits, alleging an onset date of July 15, 2003. Good identified the fibromyalgia as the most significant problem, stating that it caused swelling and constant pain in her lower back, neck, shoulder, ankles, and feet. Good was only comfortable sitting in her recliner with her feet elevated, but even then she would get stiff. Walking and standing aggravated her pain and increased the swelling. She could not walk more than a city block before the pain forced her to stop. She was unable to sleep more than two to four hours a night. The medication caused side effects such as drowsiness and feeling weak.

Good still drove her stick shift car about two times a week and would go to the grocery store. A few times a year she would drive her ex-husband to Lake City — about 70 miles away — to go to the VA hospital. She could bath and dress herself without assistance, and could clean, do laundry, and rake the lawn, but it took her longer to do these activities. Good cooked and washed dishes once a day. She went to church about once a month and would go out with a neighbor occasionally. Good liked to read, sew, and crochet, but she could not do these activities for long periods of time.

The disability report completed as part of her disability application was consistent with Good’s testimony. It also indicated that she could lift up to twenty-five pounds frequently, and could walk or stand for four hours a day.

According to a medical consultation and residual functional capacity assessment (“RFC”) performed in November 2003 by the agency physician, Good was able to perform medium work. She was able to lift 50 pounds occasionally and 25 pounds frequently; she could walk, sit, or stand for 6 hours in an 8-hour day; she had no limitations on pushing or pulling, climbing, kneeling, or crouching, reaching, handling, or fingering; and no limitations on her visual or communication skills. She was to avoid exposure to hazards, but had no other environmental limitations. The physician found Good to be only partially credible because the alleged severity of her symptoms was inconsistent with the record. The RFC did not include a diagnosis of fibromyalgia. Doctors performed a follow-up RFC evaluation in March 2004, making the same findings about Good’s abilities as noted in the 2003 RFC, except indicating that Good need only avoid moderate exposure to hazards.

Dr. Roberto Garcia treated Good from January 2004 through February 2005, reporting significant tender points likely associated with fibromyalgia. He advised Good to begin an exercise program of walking thirty minutes a day and he prescribed Elavil and Restorif 2 for pain management and insomnia. On May 15, 2004, Dr. Garcia submitted a medical opinion with the following findings: Good suffered from generalized myalgias with joint pain and insomnia. She could lift less than 10 pounds; she could sit, stand, or walk for less than 2 hours in an 8-hour day; she could sit for 15 minutes before she would need to change position; she could stand for 5 minutes before needing to change position. According to Garcia, Good would need to lie down twice a day and walk around every 10 minutes. Garcia opined that Good could not twist, stoop, crouch, or climb ladders, and she could only occasionally climb stairs. Good had moderate to severe limits on reaching, handling, feeling, pushing, and pulling. She had to *402 avoid exposure to heat, cold, fumes, and hazards. He expected that she would be absent from work three times a month.

During this treatment period, however, Dr. Garcia noted that Good was responding to medications and doing significantly better, although at times she continued to experience pain and point tenderness.

After her claim was denied initially and upon reconsideration, Good requested a hearing before an Administrative Law Judge (“ALJ”). The ALJ denied benefits, finding that Good’s impairments were not sever enough to meet or exceed the listings. The ALJ rejected Garcia’s conclusion that Good was disabled because the opinion was inconsistent with the medical records. The ALJ cited Garcia’s notes that Good was responding to her medication and that he had recommended walking and swimming as part of an exercise program. The ALJ gave some weight to the findings of the state non-examining consultants, who reported that Good could perform medium work, although the ALJ considered Good’s partially credible testimony and concluded that Good could perform light work. 3 Good requested review by the Appeals Council, which denied review.

Good then filed a complaint in federal court, challenging the Commissioner’s denial of benefits. She argued that the ALJ had improperly discredited Dr. Garcia’s opinion and that there was no evidence to support the ALJ’s finding that she could perform light duty work. She further argued that the ALJ should not have made his findings without ordering a consultative examination. The magistrate judge recommended affirming the Commissioner’s denial of benefits because the ALJ had good cause to reject Garcia’s opinion, as the opinion was inconsistent with the evidence in the record. The magistrate judge further found that the record was sufficient and no further examinations were necessary. The district court affirmed the magistrate judge’s recommendation, over Good’s objections, concluding that the ALJ had good cause and gave explicit reasons to reject Garcia’s opinion. Good now appeals.

We review whether the Commissioner’s decision is supported by substantial evidence and whether the correct legal standards were applied. Wilson v. Barn-hart, 284 F.3d 1219, 1221 (11th Cir.2002); Lewis v. Callahan, 125 F.3d 1436, 1439 (11th Cir.1997). “Substantial evidence is something more than a mere scintilla, but is less than a preponderance,” Dyer v. Barnhart, 395 F.3d 1206, 1210 (11th Cir.2005) (quotation marks and citations omitted), and “is such relevant evidence as a reasonable person would accept as adequate to support a conclusion,” Crawford v. Comm’r ofSoc. Sec., 363 F.3d 1155, 1158 (11th Cir.2004) (quotation marks and citations omitted). “Even if the evidence preponderates against the Commissioner’s findings, we must affirm if the decision reached is supported by substantial evidence.” Id. at 1158-59 (quotation marks *403 and citations omitted).

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Bluebook (online)
240 F. App'x 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/theresa-good-v-michael-j-astrue-ca11-2007.