Filed: Oct. 08, 2002
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-50270 Summary Calendar ANA MARIA GONZALEZ Plaintiff - Appellant v. JO ANNE B BARNHART, COMMISSIONER OF SOCIAL SECURITY Defendant - Appellee - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-01-CV-321 - - - - - - - - - - October 4, 2002 Before KING, Chief Judge, and SMITH and DENNIS, Circuit Judges. PER CURIAM:* Ana Maria Gonzalez appeals the magistrate judge’s affirmanc
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-50270 Summary Calendar ANA MARIA GONZALEZ Plaintiff - Appellant v. JO ANNE B BARNHART, COMMISSIONER OF SOCIAL SECURITY Defendant - Appellee - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-01-CV-321 - - - - - - - - - - October 4, 2002 Before KING, Chief Judge, and SMITH and DENNIS, Circuit Judges. PER CURIAM:* Ana Maria Gonzalez appeals the magistrate judge’s affirmance..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50270
Summary Calendar
ANA MARIA GONZALEZ
Plaintiff - Appellant
v.
JO ANNE B BARNHART, COMMISSIONER OF SOCIAL SECURITY
Defendant - Appellee
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-01-CV-321
- - - - - - - - - -
October 4, 2002
Before KING, Chief Judge, and SMITH and DENNIS, Circuit Judges.
PER CURIAM:*
Ana Maria Gonzalez appeals the magistrate judge’s affirmance
of the Social Security Commissioner’s decision to deny her
disability benefits. She argues that the administrative law
judge (ALJ) failed to fairly and fully develop the record
pertaining to her carpal tunnel syndrome by obtaining records of
her carpal tunnel syndrome. She also contends that the ALJ erred
by failing to order a consultative examination.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-50270
-2-
“The ALJ owes a duty to a claimant to develop the record
fully and fairly to ensure that his decision is an informed
decision based on sufficient facts.” Brock v. Chater,
84 F.3d
726, 728 (5th Cir. 1996). Generally, however, the duty to obtain
medical records is on the claimant. See Thorton v. Schweiker,
663 F.2d 1312, 1316 (5th Cir. 1981). Here, the ALJ made numerous
inquiries regarding Gonzalez’s medical condition and employment
history, questioned the claimant regarding her statement that she
suffered from carpal tunnel syndrome, and inquired as to whether
Gonzalez desired to present additional evidence. We cannot say
that the ALJ failed in his duty to fully and fairly develop the
record. See James v. Bowen,
793 F.2d 702, 704-05 (5th Cir.
1986). In view of the information in the record, we also cannot
say that a consultative examination was necessary to enable the
ALJ to make a disability decision. See Anderson v. Sullivan,
887 F.2d 630, 634 (5th Cir. 1989).
In any event, Gonzalez has failed to make a sufficient
showing of prejudice. “This Court will not reverse the decision
of an ALJ for failure to fully and fairly develop the record
unless the claimant shows that he or she was prejudiced by the
ALJ’s failure.” Carey v. Apfel,
230 F.3d 131, 142 (5th Cir.
2000). Although Gonzalez has provided evidence that indicates
she suffers from carpal tunnel syndrome, Gonzalez has failed to
present any evidence or argument showing that her carpal tunnel
syndrome affected her ability to perform her past relevant work.
No. 02-50270
-3-
Because she has failed to show prejudice, her arguments fail.
AFFIRMED.