Shekenia Gay v. Acting Commissioner of the So
Filing
Opinion issued by court as to Appellant Shekenia Yolanda Gay. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.
Case: 16-17295
Date Filed: 08/29/2017
Page: 1 of 5
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 16-17295
Non-Argument Calendar
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D.C. Docket No. 1:15-cv-00102-MP-GRJ
SHEKENIA YOLANDA GAY,
Plaintiff - Appellant,
versus
ACTING COMMISSIONER OF THE SOCIAL SECURITY
ADMINISTRATION,
Defendant - Appellee.
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Appeal from the United States District Court
for the Northern District of Florida
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(August 29, 2017)
Before JULIE CARNES, JILL PRYOR, and EDMONDSON, Circuit Judges.
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Date Filed: 08/29/2017
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PER CURIAM:
Shekenia Gay appeals the district court’s order affirming the Social Security
Commissioner’s denial of her application for supplemental security income (“SSI”)
benefits, 42 U.S.C. § 1381. On appeal, Gay argues that the Administrative Law
Judge (“ALJ”) failed to give adequate weight to the opinion of her treating
physician. No reversible error has been shown; we affirm.
Our review of the Commissioner’s decision is limited to whether substantial
evidence supports the decision and whether the correct legal standards were
applied. Wilson v. Barnhart, 284 F.3d 1219, 1221 (11th Cir. 2002). “Substantial
evidence is more than a scintilla and is such relevant evidence as a reasonable
person would accept as adequate to support a conclusion.” Crawford v. Comm’r of
Soc. Sec., 363 F.3d 1155, 1158 (11th Cir. 2004). “If the Commissioner’s decision
is supported by substantial evidence, this Court must affirm, even if the proof
preponderates against it.” Dyer v. Barnhart, 395 F.3d 1206, 1210 (11th Cir. 2005).
Under this limited standard of review, we may not make fact-findings, re-weigh
the evidence, or substitute our judgment for that of the ALJ. Moore v. Barnhart,
405 F.3d 1208, 1211 (11th Cir. 2005).
Absent “good cause” to the contrary, the ALJ must give substantial weight
to the opinion, diagnosis, and medical evidence of a treating physician. Winschel
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v. Comm’r of Soc. Sec., 631 F.3d 1176, 1179 (11th Cir. 2011); see also 20 C.F.R.
§ 416.927(c). Good cause may exist under a variety of circumstances: (1) the
treating physician’s opinion was not bolstered by evidence; (2) evidence supported
a contrary finding; or (3) the treating physician’s opinion was conclusory or
inconsistent with the doctor’s own medical records. Winschel, 631 F.3d at 1179.
The ALJ must articulate clearly the reasons for giving less weight to the treating
physician’s opinion. Id.
The ALJ applied correctly the five-step evaluation process set forth in 20
C.F.R. § 416.920(a) and determined that Gay was not disabled for purposes of
demonstrating SSI eligibility.
The ALJ first determined that Gay had engaged in no substantial gainful
activity since her application date and that Gay had severe impairments, including
affective disorders, anxiety-related disorders, and a history of cocaine and alcohol
abuse. The ALJ then concluded that Gay had the residual functional capacity
(“RFC”) “to perform a full range of work at all exertional levels with simple,
routine tasks; no exposure to the general public and only occasional collaborative
efforts with co-workers and supervisors.” Gay was, thus, capable of performing
her past relevant work as a kitchen helper. In the alternative, the ALJ determined
that Gay was also capable of performing other jobs in the national economy.
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Given Gay’s age, education, work experience, and RFC, the ALJ concluded that
Gay was “not disabled.”
In assessing Gay’s RFC, the ALJ considered -- in pertinent part -- a Mental
RFC Assessment form completed by Gay’s treating physician, Dr. Baxter. On the
form, Dr. Baxter checked boxes indicating that Gay had moderate, marked, or
extreme limitations in all areas of mental functioning. In response to an inquiry
from Gay’s lawyer, someone other than Dr. Baxter checked a box that said
“Polysubstance abuse was not a material factor in my assessment of Ms. Gay’s
mental residual functional capacity.” A hand-written note was added that, “To the
best of my knowledge, substance abuse was not a factor in Dr. Baxter’s function
assessment.” Dr. Baxter also then added a hand-written note that “substance abuse
is not a factor. Has had none with my term of care.”
The ALJ gave little weight to Dr. Baxter’s assessment of Gay’s Mental RFC
and to Dr. Baxter’s opinion that substance abuse was no factor in assessing Gay’s
Mental RFC. The ALJ explained that “there is absolutely no rationale given for an
opinion that appears to so extremely contradict the evidence of a woman who has
abused crack cocaine for over a decade and made little or no effort to stop using
except possibly when pregnant.” The ALJ said further that Dr. Baxter’s “opinion
regarding severity of impairment without the use of drugs is not supported by
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treatment records . . . or with the other evidence of record” which “clearly shows
alcohol and cocaine dependence with no desire for treatment.”
The ALJ’s reasoning is supported by substantial evidence in the record.
Gay’s medical records -- which are consistent with Gay’s own testimony at the
administrative hearing -- documented years of cocaine and alcohol abuse and of
noncompliance with drug treatment programs. The record also demonstrates that
Gay’s substance abuse continued while Gay was under Dr. Baxter’s care. Because
Dr. Baxter’s opinion was both unsupported by evidence and was contrary to the
evidence in the record, good cause existed to discount Dr. Baxter’s opinion. See
Winschel, 631 F.3d at 1179. Moreover, the ALJ articulated sufficiently her
reasons for not giving substantial weight to Dr. Baxter’s opinion.
Substantial evidence supports the Commissioner’s denial of SSI benefits; we
affirm.
AFFIRMED.
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