Tracy Russell v. Commissioner of Social Sec

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:10-cv-00005-jpj-pms. Copies to all parties and the district court/agency. [998637908]. [10-2348]

Appeal: 10-2348

Document: 18

Date Filed: 07/22/2011

Page: 1 of 4

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-2348

TRACY BRUNER RUSSELL,
Plaintiff - Appellant,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant – Appellee.

Appeal from the United States District Court for the Western
District of Virginia, at Big Stone Gap.
James P. Jones,
District Judge. (2:10-cv-00005-jpj-pms)

Submitted:

June 30, 2011

Decided:

July 22, 2011

Before NIEMEYER and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

Hugh F. O’Donnell, CLIENT CENTERED LEGAL SERVICES OF SOUTHWEST
VIRGINIA, Norton, Virginia, for Appellant.
Eric P. Kressman,
Regional Chief Counsel, Victor Pane, Supervisory Attorney,
Jordana Cooper, Special Assistant United States Attorney,
Philadelphia, Pennsylvania; Timothy J. Heaphy, United States
Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 10-2348

Document: 18

Date Filed: 07/22/2011

Page: 2 of 4

PER CURIAM:
Tracy
order

Bruner

granting

judgment

the

motion

Commissioner’s

in

Russell

appeals

Commissioner
Russell’s

decision

of

the

Social

district

court’s

Security’s

summary

action

seeking

her

disability

denying

review

of

the

insurance

and

supplemental security income benefits under the Social Security
Act (“the Act”).

On appeal, Russell raises only one issue–

whether the Administrative Law Judge (“ALJ”) erred in rejecting
the opinion of her treating rheumatologist regarding her ability
to work.

Finding no error, we affirm.
“[W]e review de novo the district court’s award of

summary

judgment,

viewing

the

facts

and

the

reasonable

inferences drawn therefrom in the light most favorable to the
nonmoving party.”
Cir. 2008).

Emmett v. Johnson, 532 F.3d 291, 297 (4th

Summary judgment is proper “if the movant shows

that there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.”

Fed. R.

Civ. P. 56(a).
Additionally, we review the denial of benefits under
the Act to ensure that the ALJ’s findings of fact “are supported
by substantial evidence and [that] the correct law was applied.”
Hays

v.

Sullivan,

907

F.2d

1453,

1456

(4th

Cir.

Substantial evidence is “more than a mere scintilla.
such

relevant

evidence

as

a

reasonable

adequate to support a conclusion.”
2

mind

might

1990).

It means
accept

as

Richardson v. Perales, 402

Appeal: 10-2348

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Date Filed: 07/22/2011

Page: 3 of 4

U.S. 389, 401 (1971) (internal quotation marks omitted).

We

will not reweigh the evidence or make credibility determinations
because

those

functions

are

left

to

the

ALJ.

Barnhart, 434 F.3d 650, 653 (4th Cir. 2005).
evidence

allows

reasonable

minds

to

Johnson

v.

“Where conflicting

differ

as

to

whether

a

claimant is disabled, the responsibility for that decision falls
on the [ALJ].”

Id. (alteration in original) (internal quotation

marks omitted).
An ALJ is required to weigh medical opinions based on:
“(1) whether the physician has examined the applicant, (2) the
treatment relationship between the physician and the applicant,
(3)

the

supportability

of

the

physician’s

opinion,

(4)

the

consistency of the opinion with the record, and (5) whether the
physician

is

a

§ 404.1527 (2005)).
to

the

Id.

specialist.”

testimony

at

654

(citing

20

C.F.R.

While “[c]ourts often accord greater weight
of

a

treating

physician,”

id.

(internal

quotation marks omitted), the ALJ is not required to do so “if a
physician’s opinion is not supported by clinical evidence or if
it is inconsistent with other substantial evidence.”
Chater,

76

F.3d

585,

590

(4th

§ 404.1527(d)(2).

If

the

ALJ

physician’s

opinion

controlling

Cir.
does

1996);
not

weight,

see

give

she

Craig v.
20

the

must

C.F.R.

treating

“give

good

reasons in [her] notice of determination or decision for the
weight

[she]

give[s]

[the]

treating

C.F.R. § 404.1527(d)(2).
3

source’s

opinion.”

20

Appeal: 10-2348

Document: 18

Date Filed: 07/22/2011

Page: 4 of 4

Upon review, we conclude that the ALJ did not err in
discounting
In

her

the

opinion

decision,

the

of

Russell’s

ALJ

noted

treating
that

rheumatologist.

Russell

saw

the

rheumatologist, Dr. Morris, infrequently, and had not seen him
for

six

months

assessment.
opinion

prior

to

his

filling

out

the

disability

The decision further explains that Dr. Morris’s

about

Russell’s

disability

was

not

supported

treatment notes or by other information in the file.
his

assessment

limited

use

improving

form

of

her

with

precluded
hands,

treatment

Russell

his

and

notes

his

from

opinion

is

his

Although

working

indicate

by

that

due
she

unsupported

to
was
by

medical tests or other evidence.

On Russell’s last visit to Dr.

Morris

of

prior

to

his

assessment

her

ability

to

work,

Dr.

Morris noted that Russell had no active synovitis and had the
full

range

of

motion

in

her

hands.

These

notes

constitute

substantial evidence sufficient to allow the ALJ to discount Dr.
Morris’s disability assessment.
Accordingly, we affirm the district court’s grant of
summary judgment for the Commissioner.

We dispense with oral

argument because the facts and legal conclusions are adequately
presented in the materials before the court and argument would
not aid the decisional process.

AFFIRMED

4