Filed: Jun. 10, 2008
Latest Update: Feb. 21, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ FILED U.S. COURT OF APPEALS No. 08-10258 ELEVENTH CIRCUIT JUNE 10, 2008 Non-Argument Calendar THOMAS K. KAHN _ CLERK D. C. Docket No. 06-01691-CV-ORL-18-UAM JUDITH E. MERCHANT, Plaintiff-Appellant, versus COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. _ Appeal from the United States District Court for the Middle District of Florida _ (June 10, 2008) Before CARNES, BARKETT and COX, Circuit Judges. PER CURIAM:
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ FILED U.S. COURT OF APPEALS No. 08-10258 ELEVENTH CIRCUIT JUNE 10, 2008 Non-Argument Calendar THOMAS K. KAHN _ CLERK D. C. Docket No. 06-01691-CV-ORL-18-UAM JUDITH E. MERCHANT, Plaintiff-Appellant, versus COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. _ Appeal from the United States District Court for the Middle District of Florida _ (June 10, 2008) Before CARNES, BARKETT and COX, Circuit Judges. PER CURIAM: ..
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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 08-10258 ELEVENTH CIRCUIT
JUNE 10, 2008
Non-Argument Calendar
THOMAS K. KAHN
________________________
CLERK
D. C. Docket No. 06-01691-CV-ORL-18-UAM
JUDITH E. MERCHANT,
Plaintiff-Appellant,
versus
COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(June 10, 2008)
Before CARNES, BARKETT and COX, Circuit Judges.
PER CURIAM:
Judith E. Merchant appeals the district court’s judgment affirming the Social
Security Administration’s denial of disability insurance benefits pursuant to 42
U.S.C. § 405(g). She presents four basic issues on this appeal.
First, Merchant contends that the Administrative Law Judge’s (“ALJ”) finding
that she could perform light work was not supported by substantial evidence. The
record supports the ALJ’s finding that Merchant’s uveitis was responsive to treatment
and that she had failed to show that her hip pain prevented her from doing light work.
Thus, substantial evidence supported the ALJ’s finding that Merchant could perform
light work.
Second, Merchant contends that the ALJ erred by failing to secure a physical
capacity evaluation. She argues that since the ALJ rejected the evidence offered with
regard to her hip condition, the ALJ erred by not ordering a physical capacity
evaluation to determine the severity of her hip condition. We conclude that the
record was sufficient for the ALJ to determine Merchant’s residual functional
capacity with regard to her hip; therefore, the ALJ did not err by failing to order
additional medical evidence.
Third, Merchant contends that the ALJ failed to give proper weight to the
opinion of her treating physician, Dr. Royer. She argues that the ALJ improperly
considered the opinion of a non-examining, non-physician over Dr. Royer’s opinion
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that she could not do light work. The ALJ did not err in assigning minimal weight
to the opinion of Dr. Royer because his findings were not supported by the medical
evidence and he acknowledged that he was uncertain as to Merchant’s current
condition.
Fourth, Merchant contends that the ALJ erred by finding her testimony not
entirely credible with regard to the severity of her limitations. She contends that the
ALJ’s reasons for rejecting her testimony are inconsistent with her medical records
and not supported by substantial evidence. Merchant’s testimony regarding the extent
of her limitations was inconsistent with the medical evidence and her testimony
regarding her everyday activities. Therefore, the ALJ did not err in finding that
Merchant’s testimony was not entirely credible as to the extent and severity of her
limitations.
We discern no error. We affirm the denial of benefits.
AFFIRMED.
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