Filed: Jan. 21, 2014
Latest Update: Mar. 02, 2020
Summary: Case: 12-16277 Date Filed: 01/21/2014 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 12-16277 _ D.C. Docket No. 5:11-cv-00108-LGW-JEG SHERRI P. TANNER, Plaintiff-Appellant, versus COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. _ Appeal from the United States District Court for the Southern District of Georgia _ (January 21, 2014) Before CARNES, Chief Judge, HULL and GARZA, * Circuit Judges. PER CURIAM: * Honorable Emilio M. Garza, United
Summary: Case: 12-16277 Date Filed: 01/21/2014 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 12-16277 _ D.C. Docket No. 5:11-cv-00108-LGW-JEG SHERRI P. TANNER, Plaintiff-Appellant, versus COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. _ Appeal from the United States District Court for the Southern District of Georgia _ (January 21, 2014) Before CARNES, Chief Judge, HULL and GARZA, * Circuit Judges. PER CURIAM: * Honorable Emilio M. Garza, United S..
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Case: 12-16277 Date Filed: 01/21/2014 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 12-16277
________________________
D.C. Docket No. 5:11-cv-00108-LGW-JEG
SHERRI P. TANNER,
Plaintiff-Appellant,
versus
COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Georgia
________________________
(January 21, 2014)
Before CARNES, Chief Judge, HULL and GARZA, ∗ Circuit Judges.
PER CURIAM:
∗
Honorable Emilio M. Garza, United States Circuit Judge for the Fifth Circuit, sitting by
designation.
Case: 12-16277 Date Filed: 01/21/2014 Page: 2 of 2
Sherri Tanner appeals from the district court’s affirmance of the
administrative law judge’s (“ALJ”) denial of her claim for disability insurance
benefits, 42 U.S.C. § 405(g), and supplemental security income, 42 U.S.C. § 1383.
On appeal, she argues, inter alia, that (1) the ALJ substituted his own opinion for
that of the medical experts in the record by assigning Tanner a severe impairment
of prescription drug abuse that was not otherwise diagnosed; (2) the ALJ applied
the improper legal standard when evaluating the opinions of Tanner’s treating
physicians; and (3) the district court erred as a matter of law when it failed to
review the record as a whole, specifically in light of the new evidence that Tanner
submitted to the Appeals Council.
After review of the record and the briefs of the parties, and having the
benefit of oral argument, we conclude that Tanner has not shown reversible error
in this case. Even if the ALJ erred in concluding that Tanner had a severe
impairment of prescription drug abuse and even if she had only the two other
impairments found by the ALJ, Tanner still has not shown error in the ALJ’s other
findings or in the ALJ’s or Appeals Council’s ultimate conclusions.
Accordingly, we affirm the judgment of the district court affirming the
denial of Tanner’s claim for disability insurance benefits and supplemental security
income.
AFFIRMED.
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