Anitra Bostic v. Michael Astrue

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:10-cv-00630-GCM-DSC Copies to all parties and the district court/agency. [998829328].. [11-2063]

Appeal: 11-2063

Document: 32

Date Filed: 04/10/2012

Page: 1 of 4

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-2063

ANITRA N. BOSTIC,
Plaintiff - Appellant,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant - Appellee.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Graham C. Mullen,
Senior District Judge. (3:10-cv-00630-GCM-DSC)

Submitted:

March 27, 2012

Decided:

April 10, 2012

Before MOTZ, KING, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Charlotte Hall, CHARLES T. HALL LAW FIRM, Raleigh, North
Carolina, for Appellant.
Anne M. Tompkins, United States
Attorney, Charlotte, North Carolina; Jason W. Valencia, Special
Assistant United States Attorney, Boston, Massachusetts; Robert
J. Triba, SOCIAL SECURITY ADMINISTRATION, Boston, Massachusetts,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-2063

Document: 32

Date Filed: 04/10/2012

Page: 2 of 4

PER CURIAM:
Anitra N. Bostic appeals the district court’s order
accepting

the

affirming

recommendation

the

Commissioner’s

of

the

denial

magistrate

of

her

judge

and

application

for

disability insurance benefits and supplemental security income,
pursuant

to

42

U.S.C.

decision

to

deny

§ 405(g)

benefits

if

(2006).
the

We

decision

must
is

uphold

the

supported

substantial evidence and the correct law was applied.

by

42 U.S.C.

§ 405(g); Johnson v. Barnhart, 434 F.3d 650, 653 (4th Cir. 2005)
(per curiam).
as

a

Substantial evidence is “such relevant evidence

reasonable

conclusion.”
omitted).

mind

might

accept

as

adequate

to

support

a

Johnson, 434 F.3d at 653 (internal quotation marks
This

court

does

not

reweigh

evidence

or

make

credibility determinations in evaluating whether a decision is
supported by substantial evidence; “[w]here conflicting evidence
allows

reasonable

minds

Commissioner’s decision.
First,

Bostic

to

differ,”

we

defer

to

the

Id.
asserts

that

the

administrative

law

judge (“ALJ”) erred in failing to give controlling weight to the
opinion of Dr. Girmay, her primary care physician.

The ALJ gave

little weight to the medical opinion of Dr. Girmay because his
opinion was inconsistent with other evidence in the record.
ALJ

concluded

Bostic’s

that

treating

the

opinion

physicians,
2

of

Dr.

was

Thomason,
entitled

another
to

The
of

special

Appeal: 11-2063

Document: 32

significance

Date Filed: 04/10/2012

because

it

was

Page: 3 of 4

supported

by

objective

medical

evidence and it was consistent with other substantial evidence
in the record.

The Commissioner generally gives controlling

weight to medical opinions of a treating physician, but only if
that

opinion

record.

is

consistent

with

20 C.F.R. § 404.1527(d).

the

other

evidence

in

the

The opinions of Dr. Girmay

and Dr. Thomason do not reflect the same degree of limitation on
Bostic’s

functionality

and

are

therefore

not

consistent.

Further, Dr. Girmay’s conclusory determination of disability was
not supported by evidence in the record, nor was it explained by
references

to

any

medical evidence.

medical

condition

or

by

citation

to

any

See 20 C.F.R. § 404.1527(e) (an opinion that

a claimant is disabled is not a “medical opinion”); 20 C.F.R.
§ 404.1527(d)(3) (“The more a medical source presents relevant
evidence to support an opinion, particularly medical signs and
laboratory
opinion.”).

findings,
We

thus

the

more

conclude

weight
that

the

we
ALJ

will
did

give
not

that

err

in

choosing not to give Dr. Girmay’s opinion controlling weight. *

*

Bostic also asserts error in the ALJ’s failure to consider
the opinion of Dr. Brens.
Dr. Brens’ opinion is substantively
identical to that of Dr. Girmay.
Further, Dr. Brens was not
Bostic’s primary physician.
See 20 C.F.R. § 404.1527(d)(2).
The ALJ permissibly chose not to give this opinion controlling
weight.

3

Appeal: 11-2063

Document: 32

Date Filed: 04/10/2012

Page: 4 of 4

Bostic next argues that the ALJ failed to accurately
assess her credibility.
evidence

and

Bostic’s

Bostic’s

subjective

The ALJ determined that the medical
daily

activities

complaints

of

did

not

pain.

substantiate

When

making

a

disability determination, the Commissioner considers objective
medical

evidence,

evidence

of

a

claimant’s

daily

activities,

efforts to work, a claimant’s description of pain, and any other
relevant

information.

entitled

to

disagree

20
with

C.F.R.

§ 404.1529.

Bostic’s

subjective

The

ALJ

was

view

of

her

physical limitations because the evidence in the record did not
conclusively establish that Bostic was unable to perform routine
functions, such as maintaining a household and serving as her
young daughter’s primary caregiver.
We therefore conclude that the district court did not
err

in

upholding

the

Commissioner’s

denial

of

benefits.

Accordingly, we affirm the judgment of the district court.
dispense

with

oral

argument

because

the

facts

and

We

legal

contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED

4