Adams v. Astrue
Filing
18
MEMORANDUM OPINION AND ORDER that the Court concludes that the ALJ's non-disability determination is supported by substantial evidence and proper application of the law; that the decision of the Commissioner is AFFIRMED; that a separate judgment is entered herewith. Signed by Honorable Judge Terry F. Moorer on 11/14/2011. (cc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
JULIE GIBSON ADAMS,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security
Defendant.
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CASE NO. 1:10-cv-893-TFM
[wo]
MEMORANDUM OPINION AND ORDER
Julie Gibson Adams (“Plaintiff” or “Adams”) originally applied for disability
insurance benefits under Title II of the Social Security Act (“the Act”), 42 U.S.C. §§ 401
et seq., on December 14, 2007. Tr. 109-113. After being denied, Adams timely filed for
and received a hearing before an administrative law judge (“ALJ”) who rendered an
unfavorable decision on December 4, 2009. Tr. 9-25. Adams subsequently petitioned for
review to the Appeals Council who rejected review of Adams’s case on October 1, 2010.
Tr. 1-5. As a result, the ALJ’s decision became the final decision of the Commissioner of
Social Security (“Commissioner”). Id. Judicial review proceeds pursuant to 42 U.S.C. §
405(g), and 28 U.S.C. § 636(c). After careful scrutiny of the record and briefs, for
reasons herein explained, the Court AFFIRMS the Commissioner’s decision.
I. NATURE OF THE CASE
Adams seeks judicial review of the Commissioner’s decision denying her
application for disability insurance benefits. United States District Courts may conduct
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limited review of such decisions to determine whether they comply with applicable law
and are supported by substantial evidence. 42 U.S.C. § 405. The Court may affirm,
reverse and remand with instructions, or reverse and render a judgment. Id.
II. STANDARD OF REVIEW
The Court’s review of the Commissioner’s decision is a limited one. The Court’s
sole function is to determine whether the ALJ’s opinion is supported by substantial
evidence and whether the proper legal standards were applied. See Jones v. Apfel, 190
F.3d 1224, 1228 (11th Cir. 1999); Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th
Cir. 1983).
“The Social Security Act mandates that ‘findings of the Secretary as to any fact, if
supported by substantial evidence, shall be conclusive.’” Foote v. Chater, 67 F.3d 1553,
1560 (11th Cir. 1995) (quoting 42 U.S.C. §405(g)). Thus, this Court must find the
Commissioner’s decision conclusive if it is supported by substantial evidence. Graham v.
Apfel, 129 F.3d 1420, 1422 (11th Cir. 1997). Substantial evidence is more than a scintilla
— i.e., the evidence must do more than merely create a suspicion of the existence of a
fact, and must include such relevant evidence as a reasonable person would accept as
adequate to support the conclusion. Lewis v. Callahan, 125 F.3d 1436, 1440 (11th Cir.
1997) (citing Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d
842 (1971)); Foote, 67 F.3d at 1560 (citing Walden v. Schweiker, 672 F.2d 835, 838 (11th
Cir. 1982)).
If the Commissioner’s decision is supported by substantial evidence, the district
court will affirm, even if the court would have reached a contrary result as finder of fact,
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and even if the evidence preponderates against the Commissioner’s findings. Ellison v.
Barnhart, 355 F.3d 1272, 1275 (11th Cir. 2003); Edwards v. Sullivan, 937 F.2d 580, 584
n.3 (11th Cir. 1991) (quoting MacGregor v. Bowen, 786 F.2d 1050, 1053 (11th Cir.
1986)). The Court must view the evidence as a whole, taking into account evidence
favorable as well as unfavorable to the decision. Foote, 67 F.3d at 1560 (citing Chester v.
Bowen, 792 F.2d 129, 131 (11th Cir. 1986). The Court “may not decide facts anew,
reweigh the evidence, or substitute [its] judgment for that of the [Commissioner],” but
rather it “must defer to the Commissioner’s decision if it is supported by substantial
evidence.” Miles v. Chater, 84 F.3d 1397, 1400 (11th Cir. 1997) (quoting Bloodsworth,
703 F.2d at 1239).
The Court will also reverse a Commissioner’s decision on plenary review if the
decision applies incorrect law, or if the decision fails to provide the district court with
sufficient reasoning to determine that the Commissioner properly applied the law. Keeton
v. Dep’t of Health and Human Servs., 21 F.3d 1064, 1066 (11th Cir. 1994) (citing
Cornelius v. Sullivan, 936 F.2d 1143, 1145 (11th Cir. 1991)). There is no presumption
that the Commissioner’s conclusions of law are valid. Id.; Brown v. Sullivan, 921 F.2d
1233, 1236 (11th Cir. 1991) (quoting MacGregor, 786 F.2d at 1053).
III. STATUTORY AND REGULATORY FRAMEWORK
The Social Security Act’s general disability insurance benefits program (“DIB”)
provides income to individuals who are forced into involuntary, premature retirement,
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provided they are both insured and disabled, regardless of indigence.1 See 42 U.S.C. §
423(a). The Social Security Act’s Supplemental Security Income (“SSI”) is a separate
and distinct program. SSI is a general public assistance measure providing an additional
resource to the aged, blind, and disabled to assure that their income does not fall below
the poverty line.2 Eligibility for SSI is based upon proof of indigence and disability. See
42 U.S.C. §§ 1382(a), 1382c(a)(3)(A)-(C). However, despite the fact they are separate
programs, the law and regulations governing a claim for DIB and a claim for SSI are
identical; therefore, claims for DIB and SSI are treated identically for the purpose of
determining whether a claimant is disabled. Patterson v. Bowen, 799 F.2d 1455, 1456 n.
1 (11th Cir. 1986). Applicants under DIB and SSI must provide “disability” within the
meaning of the Social Security Act which defines disability in virtually identical language
for both programs. See 42 U.S.C. §§ 423(d), 1382c(a)(3), 1382c(a)(3)(G); 20 C.F.R. §§
404.1505(a), 416.905(a). A person is entitled to disability benefits when the person is
unable to
Engage in any substantial gainful activity by reason of any medically
determinable physical or mental impairment which can be expected to result
in death or which has lasted or can be expected to last for a continuous
period of not less than 12 months.
42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A). A “physical or mental impairment” is one
resulting from anatomical, physiological, or psychological abnormalities which are
DIB is authorized by Title II of the Social Security Act, and is funded by Social Security taxes.
See Social Security Administration, Social Security Handbook, § 136.1, available at
http://www.ssa.gov/OP_Home/handbook/handbook.html
2
SSI benefits are authorized by Title XVI of the Social Security Act and are funded by general
tax revenues. See Social Security Administration, Social Security Handbook, §§ 136.2, 2100,
available at http://www.ssa.gov/OP_Home/handbook/handbook.html
1
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demonstrable by medically acceptable clinical and laboratory diagnostic techniques. 42
U.S.C. §§ 423(d)(3), 1382c(a)(3)(D).
The Commissioner of Social Security employs a five-step, sequential evaluation
process to determine whether a claimant is entitled to benefits.
See 20 C.F.R. §§
404.1520, 416.920 (2010).
(1) Is the person presently unemployed?
(2) Is the person’s impairment(s) severe?
(3) Does the person’s impairment(s) meet or equal one of the specific impairments
set forth in 20 C.F.R. Pt. 404, Subpt. P, App. 1?3
(4) Is the person unable to perform his or her former occupation?
(5) Is the person unable to perform any other work within the economy?
An affirmative answer to any of the questions leads either to the next
question, or, on steps three and five, to a finding of disability. A negative
answer to any question, other than step three, leads to a determination of
“not disabled.”
McDaniel v. Bowen, 800 F.2d 1026, 1030 (11th Cir. 1986).
The burden of proof rests on a claimant through Step 4. See Phillips v. Barnhart,
357 F.3d 1232, 1237-39 (11th Cir. 2004). Claimants establish a prima facie case of
qualifying disability once they meet the burden of proof from Step 1 through Step 4. At
Step 5, the burden shifts to the Commissioner, who must then show there are a significant
number of jobs in the national economy the claimant can perform. Id.
3
This subpart is also referred to as “the Listing of Impairments” or “the Listings.”
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To perform the fourth and fifth steps, the ALJ must determine the claimant’s
Residual Functional Capacity (RFC). Id. at 1238-39. RFC is what the claimant is still
able to do despite his impairments and is based on all relevant medical and other
evidence. Id. It also can contain both exertional and nonexertional limitations. Id. at
1242-43. At the fifth step, the ALJ considers the claimant’s RFC, age, education, and
work experience to determine if there are jobs available in the national economy the
claimant can perform. Id. at 1239. To do this, the ALJ can either use the Medical
Vocational Guidelines4 (“grids”) or hear testimony from a vocational expert (VE). Id. at
1239-40.
The grids allow the ALJ to consider factors such as age, confinement to sedentary
or light work, inability to speak English, educational deficiencies, and lack of job
experience. Each factor can independently limit the number of jobs realistically available
to an individual. Id. at 1240. Combinations of these factors yield a statutorily-required
finding of “Disabled” or “Not Disabled.” Id.
IV. ADMINISTRATIVE FINDINGS AND CONCLUSIONS
Adams, age 42 at the time of the alleged onset, completed the tenth grade, Tr. 5455, and has a GED. Tr. 133, 328. Adams performed past relevant work as a part-time
manager of Buddy’s Corner from March to August in the years 2007, 2008, and 2009.
During this time, she worked twenty hours per week. Tr. 193, 328, 334. She has worked
after the alleged disability onset date, but this work did not rise to the level of substantial
See 20 C.F.R. pt. 404 subpt. P, app. 2; see also 20 C.F.R. § 416.969 (use of the grids in SSI
cases).
4
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gainful activity. Tr. 14. Adams meets the insured status requirements of the Social
Security Act through September 30, 2011. Tr. 14. Adams testified that she can not work
because of heart disease that causes chest pains, dizziness and numbness. Tr. 37. Adams
claims that she suffers from daily numbness in her fingers and toes. Tr. 38.
The ALJ found that Adams has severe impairments of coronary artery
disease, chronic obstructive pulmonary disease, and mild depression, but that Adams did
not have an impairment or a combination of impairments that met or medically equaled
one of the listed impairments. Tr. 14-15. The ALJ concludes from the entire record that
Adams has the residual functional capacity to perform sedentary work. Namely Adams
can lift up to 10 pounds; sit for 8 hours; stand/walk for 2 hours, altering positions at 2
hour intervals. She is restricted to lower stress positions, but she is able to perform
work-related mental activities generally required by competitive, remunerative work at
the unskilled or semi-skilled levels. Tr. 16. From the testimony of the Vocational Expert
(“VE”), the ALJ found “although the claimant’s additional limitations do not allow the
claimant to perform the full range of sedentary work, considering the claimant’s age,
education and transferable work skills, a finding of ‘not disabled’ is appropriate.”
Accordingly, the ALJ accepted the VE’s testimony that Adams could perform the jobs of
assembler, surveillance system monitor and call out operator, all existing nationally and
in the State of Alabama. Tr. 20.
V. ISSUES
Adams raises two issues for judicial review:
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(1) Whether the ALJ’s finding of Adams’ residual functional capacity is not
supported by substantial evidence. See Doc. 13 at 7.
(2) Whether the ALJ failed to properly evaluate the opinion of Dr. Meadows. See
Doc. 13 at 13.
VI. DISCUSSION
I. The RFC assessment by the ALJ rests upon substantial evidence.
A residual functional capacity (“RFC”) assessment is used to determine the
claimants’ capacity to do as much as they are possibly able to do despite their limitations.
See 20 C.F.R. § 404.1545(a)(1) (2010). An RFC assessment will be made based on all
relevant evidence in the case record. Id.; Lewis, 125 F.3d at 1440. At an ALJ hearing,
“the [ALJ] is responsible for assessing [the claimant’s] residual functional capacity.” 20
C.F.R. § 404.1546(c) (2010). The claimant is “responsible for providing the evidence
[the ALJ] will use to make a finding about [the claimant’s] residual functional capacity.”
20 C.F.R. § 404.1545(a)(3) (2010). The ALJ is “responsible for developing [the
claimant’s] complete medical history, including arranging for a consultative
examination(s) if necessary, and making every reasonable effort to help [the claimant] get
medical reports from [their] own medical sources. Id.; Holladay v. Bowen, 848 F.2d
1206, 1209-10 (11th Cir. 1988)(The ALJ is not required to order a consultative
examination unless the record establishes it is necessary to render a fair decision). The
ALJ’s finding must be supported by substantial evidence. “Substantial evidence is less
than a preponderance, but rather such relevant evidence as a reasonable person would
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accept as adequate to support a conclusion.” Moore v. Barnhart, 405 F.3d 1208, 1211
(11th Cir. 2005)(citations omitted).
On December 3, 2007, Adams saw Dr. Richard L. Bendinger, D.O. (Doctor of
Osteopathic Medicine) from Family Practice Center of Abbeville. Dr. Bendinger diagosed
Adams as suffering from chest pain, hypertension, anxiety, depression and sinusitis. Tr.
244. On December 18, 2007 Adams saw Dr. David D. Gayle, M.D., a Cardiology
specialist. Dr. Gayle diagnosed Adams as suffering from coronary artery disease,
hypertension, diabetes, dyslipidemia and a renal cyst. Tr. 234-35. Dr. Gayle noted
Adams underwent bypass grafting in 1999, but that she failed to return to his office for
follow-up and that she and been seen once in the hospital in 2005 for evaluation of her
chest pain. Again Adams did not appear for her follow-up appointments. Tr. 233. With
respect to the coronary artery disease, Dr. Gayle noted “[n]o active cardiac problems at
this time” and recommended that Adams return to the cardiology clinic for follow up in
six months or sooner if needed. Tr. 234-35.
On April 13, 2008, Adams was admitted to the Southeast Alabama Medical Center
with chest pain and seen by Dr. Thomas Young, M.D. Tr. 276-77. Dr. Young noted that
she “is totally noncompliant with medications.” She was started on Coumadin in 2000
for a pulmonary thromboembolism and “weaned herself off” because she did not like how
it made her feel. She also rarely takes her Glimepiride which was prescribed for diabetes.
Tr. 276. On April 15, 2008, Dr. Gayle performed a dual chamber ICD Implant procedure
on Adams. Tr. 284. Adams returned to Dr. Gayle in July 2008 for followup on her
defibrillator implant. He noted that she had “done quite well” since her hospitalization
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for the defibrillator implant. He further noted that “[s]he understands the value of exercise
and anticipates getting back into a more common routine for exercise and also to be more
diligent with her diet. She is happy to be free of chest pain and shortness of breath.” Tr.
320.
Adams saw by Dr. Bendinger twice in November, 2008 because of right leg pain
and a cold foot and depression. Tr. 358-59. On January 31, 2009, Adams went to the
Southeast Alabama Medical Center Emergency Department with heart palpitations and
near syncope. Tr. 311. Adams was seen again by Dr. Gayle on February 25, 2009, and
he noted that since her last visit she has had problems with “tachypalpitations and
fluttering.”
Tr. 321.
Dr. Gayle saw Adams again on September 3, 2009 and he
summarized her interim history as follows:
Since her last visit, Ms. Adams has been doing well without any recurrent
tachypalpitations and has avoided cardiac stimulants and caffeine. She has
had no recurrent symptomatic angina and she required no sublingual
nitroglycerine since last visit. Her blood pressure has been under good
control on current medications, all of which are available through the WalMart $4 plan. Tr. 367.
In October 2009, Randall Jordan, a Licensed Clinical Psychologist, performed a
consultative psychological examination on Adams.
Tr. 325-331.
The examination
reveals that Adams had normal speech, congruent affect; intact concentration; normal
short-term and remote memory; normal abstraction; average intelligence; and normal
judgment and insight. Tr. 329. Jordan opined that Adams had a moderately severe
depressive disorder.
Tr. 329-330.
He concluded that Adams could function
independently; carry out and remember simple, one step instructions; perform multi-step
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tasks without supervision; but that her “ability to respond well to coworkers, supervision
and everyday work pressures is compromised to a limited degree due to psychiatric
issues. This claimant’s primary limitations are more physical in nature and do contribute
to depressive problems.” Tr. 330. Jordan completed a “Medical Source Statement of
Ability to Do Work-Related Activities (Mental)” form, in which he opined Plaintiff was
not limited in her ability to understand, remember, and carry out simple instructions;
moderately limited in her ability to understand remember, and carry out complex
instructions; mildly limited in her ability to interact appropriately with others; and
moderately limited in her ability to respond appropriately to usual work situations and
changes. Tr. 325-26.
In October 2009, Dr. Richard Meadows, D.O. (Doctor of Osteopathic Medicine)
from Family Practice Center of Abbeville saw Adams for a Disability Examination. Tr.
332-349. Adams told Dr. Meadows that she experiences regular chest pain which began
in May 1999. Tr. 332. Adams also complained of pain in her legs, feet, shoulders, wrists
and thumbs with numbness and said that walking more than twenty-five feet caused her to
feel light-headed. Tr. 333. She said that sitting or standing caused her feet to swell and
become painful, a condition that was improved only by elevating her feet. Tr. 333. Dr.
Meadows noted that Adams “does become fatigued fairly readily with minimal exertion
such as walking in the room.” Tr. 335. She was able to toe walk, heel walk, and squat,
and her strength was normal in all areas and an EKG was unremarkable. Tr. 336.
Dr. Meadows completed a “Medical Source Statement of Ability to Do WorkRelated Activities (Physical)” form, in which he opined Plaintiff could occasionally lift
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up to ten pounds; sit for six hours at a time, for a total of seven hours per day; stand for
one hour at a time, for a total of one hour per day; walk for 30 minutes at a time, for a
total of one hour per day, occasionally reach, frequently handle, finger or feel;
occasionally kneel; and never climb, balance, stoop, crouch or crawl. Tr. 338-341. Dr.
Meadows further opined “I feel that her coronary artery disease is significant and its
significant to the point that it impairs her ability to function or to walk more than twentyfive yards, maybe even as little as twenty-five feet before she gets short of breath and,
after a period of time, would just fatigue out. Certainly, it does increase her risk for
increased angina when she exerts herself.” Tr. 337.
Adams argues that the ALJ’s finding of her RFC is not supported by substantial
evidence. Specifically, she argues that the ALJ’s finding of her RFC is in conflict with
the weight she assigned to the opinion of Dr. Meadows and Dr. Jordan.5 Indeed, the ALJ
states that she gave “determinative weight” to the opinion evidence of Dr. Meadows and
“significant weight” to the opinion evidence of Randall Jordan, psychologist.
Adams complains that the ALJ failed to include in the RFC Dr. Meadows’ opinion
that Adams could never balance, stoop6, crouch, crawl, climb ladders or scaffolds, stairs
Adams also argues that the ALJ erred in finding that the State Agency Medical
Consultant’s opinion is consistent with the medical evidence of record and supportive of
the RFC. The Court notes the consultant’s opinion of Adams’ RFC does differ somewhat
from the RFC which the ALJ ultimately adopted and which he posited to the VE.
Indeed, the consultant’s opinion included a number of less restrictive factors which were
not adopted by the ALJ, but which the records of treating physician, Dr. Gayle,
supported. Tr. 234-235, 320, 367.
6
Adams argues Dr. Meadows finding that she can “never stoop” does not support the RFC
adopted by the ALJ. See Doc. 13 at p.9. She cites Social Security Regulation 96-9p
which states “[a] complete inability to stoop would significantly erode the unskilled
sedentary occupational base and a finding that the individual is disabled would usually
5
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or ramps and could only kneel occasionally. Tr. 341. Additionally, she complains that
the ALJ failed to include in the RFC Dr. Meadows’ opinion which limited her to walking
for thirty minutes without interruption and to sitting for seven hours in an eight hour day
and limited her environmental exposure Tr. 342. The Court notes that these limitations
are not specifically included in the RFC which the ALJ presented to the VE.
The ALJ recognized, however, that Meadows also opined Adams could perform
activities such as traveling without assistance, ambulating independently, using public
transportation, climbing a few steps at a reasonable pace, preparing simple meals, feeding
herself, caring for her personal hygiene, and using paper and files. Tr. 343. Furthermore,
the ALJ relied on the medical findings of Adams’ treating cardiologist, Dr. Gayle. Tr. 18.
Indeed, Dr. Gayle’s records reflect that in December 2007, six months after Adams’
alleged onset of disability, Plaintiff had “no active cardiac problems.” Tr. 234-35. In July
2008, Dr. Gayle indicated Adams had done “quite well” since having a defibrillator
implanted and suffered no chest pain or shortness of breath.
Tr. 320.
Again, in
September 2009, he continued to indicate Adams was “doing well.” Tr. 367. As a
treating physician, Dr. Gayle’s testimony must be given substantial or considerable
weight unless “good cause” is shown to the contrary.
Lewis, supra, at 1440.
Additionally, more weight is usually given to a specialist’s opinion about medical issues
apply.” However, the ALJ recognized the claimant had “additional limitations” which
prevented claimant from performing “the full range of sedentary work” , but “considering
claimant’s age, education and transferable work skills” she concluded Adams was not
disabled. Indeed, based on this conclusion, the VE found Adams could perform the jobs
of assembler, surveillance system monitor and call out operator. Tr. 20.
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related to his or her area of specialty than to a non-specialist’s opinion. 20 C.F.R. §§
404.1527(d)(5), 416.927(d)(5).
Similarly, Adams complains that the ALJ failed to include in the RFC Randall
Jordan’s opinion that she had “moderate” limitations in her ability to “understand and
remember complex instructions”, “carry out complex instructions” and “make judgments
on complex work-related decisions, and “moderate” limitations in her ability to
“[r]espond appropriately to usual work situations and to changes in a routine work
setting.” Tr. 325-26. The ALJ recognized, however, that Jordan also found Adams’
ability to remember and carry out simple, one-step instructions was not compromised and
that Adams could perform multi-step tasks without supervision. Tr. 19, 325-26
While there may exist some differences within the different medical opinions, it is
uncontroverted, however, that Dr. Meadows did not conclude Adams was unable to
perform sedentary work, Tr. 338-341, and Jordan opined that Adams could perform noncomplex work. Tr. 330. Indeed, the ALJ recognized claimant had additional limitations
which did not allow her to perform the full range of sedentary work. Tr. 20. The ALJ
concluded, however, that based on the claimant’s age, education and transferable work
skills, there were work options available to Adams. Id. Indeed, the VE found that Adams
could perform the jobs of assembler, surveillance system monitor and call out operator.
Id.
Additionally, there is medical evidence showing that Adams had been
noncompliant with her prescription medication regimen and other medical evidence from
Dr. Gayle showing that early in his treatment of Adams she had failed to seek follow up
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in his office. Tr. 233, 273. Further, in spite of Adams’ claims of functional limitations
and weakness, Dr. Meadows reported normal muscle strength in all areas. Tr. 336. Thus,
the Court concludes based on the evidence as a whole that the ALJ’s determination of the
RFC is supported by substantial evidence. See Phillips v. Barnhart, 357 F.3d 1232,1238
(11th Cir. 2004) (quoting 20 C.F.R.§ 404.1520 (e)(the ALJ will “assess and make a
finding about the [claimant’s] residual functional capacity based on all the relevant
medical and other evidence.”)
II. The ALJ properly evaluated the opinion of Dr. Meadows.
In making her findings, the ALJ considered all of the evidence including medical
records and opinion evidence. The ALJ gave the records and opinion of Dr. Meadows
“determinative weight.” Tr. 19. Dr. Meadows saw Adams for a Disability Examination
in October, 2009. Tr. 332-349. Adams complained that she experiences regular chest
pain which began in May 1999. Tr. 332. She also complained of pain in her legs, feet,
shoulders, wrists and thumbs with numbness and said that walking more than twenty-five
feet caused her to feel light-headed. Tr. 332. She said that sitting or standing caused her
feet to swell and become painful, a condition that was improved only by elevating her
feet. Tr. 333.
The record does not reflect, however, that Adams complained of experiencing the
extreme functional limitations she expressed to Dr. Meadows to any other physician. A
claimant’s statements about pain or other symptoms do not alone establish disability.
Indeed, supporting medical evidence demonstrating an impairment which could
reasonably be expected to produce the symptoms complained of must be present. Holt v.
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Sullivan, 921 F.2d 1221, 1223 (11th Cir. 1991) (citations omitted).
Dr. Meadows noted that Adams “does become fatigued fairly readily with minimal
exertion such as walking in the room.” Tr. 335. However, he also noted Adams was able
to toe walk, heel walk, and squat, and her strength was normal in all areas and an EKG
was unremarkable. Tr. 336. Dr. Meadows also opined Adams could perform activities
such as traveling without assistance, ambulating independently, using public
transportation, climbing a few steps at a reasonable pace, preparing simple meals, feeding
herself, caring for her personal hygiene, and using paper and files. Tr. 343.
Dr. Meadows completed a “Medical Source Statement of Ability to Do WorkRelated Activities (Physical)” form, in which he opined Plaintiff could occasionally lift
up to ten pounds; sit for six hours at a time, for a total of seven hours per day; stand for
one hour at a time, for a total of one hour per day; walk for 30 minutes at a time, for a
total of one hour per day, occasionally reach, frequently handle, finger or feel;
occasionally kneel; and never climb, balance, stoop, crouch or crawl. Tr. 338-341. Dr.
Meadows further opined “I feel that her coronary artery disease is significant and its
significant to the point that it impairs her ability to function or to walk more than twentyfive yards, maybe even as little as twenty-five feet before she gets short of breath and,
after a period of time, would just fatigue out. Certainly, it does increase her risk for
increased angina when she exerts herself.” Tr. 337.
In conducting his examination, Dr. Meadows did not indicate that he had reviewed
the other medical evidence of record including the benign findings of Meadow’s treating
cardiologist, Dr. Gayle and his opinion that Adams was doing well. Tr. 320. Indeed, “the
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report of a consulting physician who examined claimant once does not constitute
‘substantial evidence’ upon the record as a whole, especially when contradicted by the
evaluation of the claimant’s treating physician.” Kent v. Sullivan, 788 F. Supp. 541, 544
(N.D. Ala. 1992). Moreover, the opinion of Dr. Gayle, a cardiac specialist, is due to be
given more weight than that of Dr. Meadows, a non specialist. King v. Barnhart, 320 F.
Supp. 2d 1227, 1231-32 (N.D. Ala. 2004)(citing 20 C.F.R.§ 404.1527(d)(5)).
Additionally, Dr. Meadows failed to recognize the observations of Dr. Young that Adams
had been non-compliant with her medications and the observations of Dr. Gayle that early
in his treatment of her Adams had failed to return to his office for followup. Tr. 276,233.
Indeed, the failure to follow treatment, which could restore the ability to work, can be a
reason to deny benefits where no good reason exists for the failure. Lucas v. Sullivan,
918 F.2d 1567, 1571 (11th Cir. 1990). Accordingly, the Court concludes that the ALJ
properly evaluated the opinion of Dr. Meadows.
VII. CONCLUSION
Pursuant to the findings and conclusions detailed in this Memorandum Opinion,
the Court concludes that the ALJ’s non-disability determination is supported by
substantial evidence and proper application of the law. It is, therefore, ORDERED that
the decision of the Commissioner is AFFIRMED. A separate judgment is entered
herewith.
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DONE this 14th day of November, 2011.
/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES MAGISTRATE JUDGE
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