BREWER v. ASTRUE
Filing
19
ORDER adopting 15 Report and Recommendations. The final decision of the Commissioner is hereby AFFIRMED. Ordered by Judge C. Ashley Royal on 9/27/13 (lap)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
STEVE BREWER,
:
:
Claimant,
:
:
v.
:
:
No. 3:12‐CV‐43 (CAR)
CAROLYN COLVIN,
:
Commissioner of Social Security,
:
:
Respondent.
:
___________________________________ :
ORDER ON THE REPORT AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Before the Court is the Report and Recommendation of the United States
Magistrate Judge [Doc. 15] to affirm the Commissioner’s decision denying Claimant
Steve Brewer for disability insurance benefits, finding that he was not disabled within
the meaning of the Social Security Act and Regulations and that there were jobs
available which existed in significant numbers that Claimant could perform. Claimant
has filed a timely Objection to the Report and Recommendation [Doc. 16]. Having
considered Claimant’s objections, the Commissioner’s Response [Doc. 17], Claimant’s
Reply [Doc. 18], and having reviewed those matters de novo, the Court hereby adopts
the well‐reasoned Report and Recommendation, and affirms the decision of the
Commissioner of Social Security.
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In his Objection, Claimant first contends that the manner in which the ALJ
discounted the opinions of his treating physician, Dr. Mize, is error mandating remand.
However, the somewhat extreme limitations imposed by Dr. Mize on Claimant=s ability
to work is contradicted by x‐ray results showing no more than mild arthritic indication.
Likewise, x‐rays of the lumbar spine were negative. As stated in the Report and
Recommendation, the opinion of the physician is inconsistent with objective medical
evidence and may therefore be discounted. A review of Claimant=s longitudinal history
of treatment shows that both his motor function and sensation were normal with only a
brief episode of swelling in his legs which was diagnosed as trace edema.1 The ALJ
thus concluded that Claimant had no more than minimal limitations based on the
results of both the objective testing and treatment history and correctly discounted the
opinion of Dr. Mize as unsupported by clinical findings and medical history, including
the opining physician=s own notes.
Moreover, the ALJ gave substantial weight to the opinions of the state agency
physicians after the ALJ established good cause for discounting the opinion of the
treating physician. The ALJ found the opinions of the state agency physicians to be 1)
consistent with one another, and 2) consistent with the medical evidence in the record
as a whole. Although the state agency physicians found Claimant to be capable of
medium work with postural and climbing limitations, the ALJ went further and limited
Tr. 234, 294‐295.
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Claimant to light work in the residual functional capacity assessment. Claimant is
capable of light work, and the decision is well reasoned and correct.
Next, Claimant contends there was error in the manner in which the ALJ
evaluated his credibility. The ALJ discounted Claimant=s credibility based on 1)
objective medical evidence and 2) treatment history. A claimant=s testimony cannot be
rejected solely because it is not substantiated by objective medical evidence, but here it
was discounted based on the longitudinal record of care and treatment, as well as
objective clinical findings such as the x‐ray results discussed above.
Finally, Claimant alleges error in the formulation of the residual functional
capacity by the ALJ, contending that the ALJ failed to account for his vision problems,
grip deficiency and obesity. As to the vision issue, Claimant was found to have 20/50
vision capability in April 2008, and was prescribed glasses. Glasses do not preclude a
person from working at substantial gainful activity. Although he firmly asserts grip
deficiency, his own physician considered him to have normal motor function in October
2008. Even assuming the limitations exist to the extreme extent complained of,
Claimant has not proven resulting functional limitations that would preclude him
completely from engaging in light work.
The issue is the same with his obesity. Claimant is classified as a “younger
individual” under the Social Security Act. While he is significantly overweight and
may be disabled from certain classifications of work, he has not proven himself to be
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completely disabled from light work. Although he stated in his application for benefits
that he became disabled on September 4, 2006, as a result of arthritis, diabetes, vision
problems and high blood pressure, his earnings record show him employed through
the first three quarters of 2007 at a poultry processing plant.2 This is a year after his
asserted disability date. Although that is not dispositive of his claim, it may be
considered in evaluating both the opinion of treating physicians and Claimant=s own
testimony of symptomology, that is to say, his credibility. Dr. Minnis reviewed
Claimant=s medical history as to the obesity issue and found him to be, in fact, obese
with a body mass index of 40%. Obese people work every day, however, and Dr.
Minnis found him capable of medium work. The ALJ went further and limited him to
light work. Claimant has failed to prove he is medically disabled from light work.
For the foregoing reasons, the Report and Recommendation of the United States
Magistrate Judge [Doc. 15] is hereby ADOPTED and MADE THE ORDER OF THE
COURT; the final decision of the Commissioner is hereby AFFIRMED.
SO ORDERED, this 27th day of September, 2013.
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
SSH
2 Tr. 136.
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