Filed: Feb. 17, 2005
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 17, 2005 Charles R. Fulbruge III Clerk No. 04-50488 Summary Calendar WILLIE GLENN, Plaintiff-Appellant, versus 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. 1:03-CV-482-RP - Before REAVLEY, JOLLY, and HIGGINBOTHAM, Circuit Judges. PER CURIAM:* Willie Glenn a
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 17, 2005 Charles R. Fulbruge III Clerk No. 04-50488 Summary Calendar WILLIE GLENN, Plaintiff-Appellant, versus 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. 1:03-CV-482-RP - Before REAVLEY, JOLLY, and HIGGINBOTHAM, Circuit Judges. PER CURIAM:* Willie Glenn ap..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 17, 2005
Charles R. Fulbruge III
Clerk
No. 04-50488
Summary Calendar
WILLIE GLENN,
Plaintiff-Appellant,
versus
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. 1:03-CV-482-RP
--------------------
Before REAVLEY, JOLLY, and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Willie Glenn appeals the district court’s judgment for the
Commissioner in his action pursuant to 42 U.S.C. § 405(g) for
review of the administrative law judge’s (ALJ) decision denying
him disability benefits. Glenn argues that the ALJ failed to
correctly address whether he had impairments that imposed more
than a slight limitation on his ability to perform work related
activities for 12 consecutive months. Glenn contends that the
ALJ clearly erred in finding that he did not have a severe
*
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this opinion should not be published and is not precedent except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.
impairment. He argues that the ALJ should have gone beyond step
two and should have addressed whether he could perform other
gainful work activity.
The proper standard for evaluating the ALJ’s decision is not
that of clear error but of substantial evidence. Ripley v.
Chater,
67 F.3d 552, 555 (5th Cir. 1995). The ALJ applied the
proper legal standard of Stone v. Heckler,
752 F.2d 1099, 1101
(5th Cir. 1985) in determining whether Glenn had a severe
impairment, and the ALJ’s decision is also supported by
substantial evidence. The objective medical evidence in the
record demonstrated that Glenn’s ability to perform basic work
activities as defined in 20 C.F.R. § 404.1521(a) and (b) were
affected by his back impairment for a period of less than twelve
months. The medical evidence shows that although Glenn had a
back impairment, he responded to the treatment and suffered few
if any limitations that affected his ability to work within a
year of his surgery. Medical impairments that reasonably can be
remedied or controlled by medication or treatment are not
disabling. Johnson v. Bowen,
864 F.2d 340, 347 (5th Cir. 1988);
see also Fraga v. Bowen,
810 F.2d 1296, 1303-04 (5th Cir. 1987)
(After back surgery, claimant did not have neurological or other
signs of pain sufficiently severe or long-lasting to be disabling
within the meaning of the Act.); Adams v. Bowen,
833 F.2d 509,
511-12 (5th Cir. 1987) (claimant responded to treatment of back
condition, and symptoms were not present continuously for a 12
month period).
The ALJ’s adverse credibility assessment was based on proper
considerations and is supported by substantial evidence. The ALJ
properly concluded that any “mild discomfort” which Glenn might
have would not interfere with his ability to perform basic work
activities and that he did not have a severe impairment that
lasted for 12 consecutive months. This finding is supported by
substantial evidence from Glenn’s treating physicians, the
examining and reviewing physicians, and Glenn’s own statements to
his physician and physical therapist.
Glenn argues that the ALJ improperly failed to give
controlling weight to Dr. Bahm’s opinion that he was disabled.
The ALJ explained his rejection of Dr. Bahm’s opinion by
specifically pointing out that Dr. Bahm’s treatment notes
contradicted his own opinion. The ALJ’s conclusion that Dr.
Bahm’s opinion that Glenn was permanently disabled should not be
given controlling weight is supported by substantial evidence.
Greenspan v. Shalala,
38 F.3d 232, 237 (5th Cir. 1994).
Glenn contends that the ALJ may reject the opinion of the
treating physician only if he performs a detailed analysis under
the criteria set forth in 20 C.F.R. § 404.1527(d). The ALJ
specifically considered these factors. However, because there
existed reliable medical evidence from an examining physician,
Dr. Pieratt, controverting Dr. Bahm’s assessment, the ALJ was not
obligated to perform the detailed analysis set forth in 20 C.F.R.
§ 404.1527(d)(2)-(6). See Newton v. Apfel,
209 F.3d 448, 453
(2000).
Glenn also contends that remand is required because the ALJ
did not seek additional clarification from the treating physician
after concluding that the treating physician’s records were
inconclusive or inadequate. This requirement does not apply in
this case. First, the ALJ did not determine that the treating
physician’s records were inconclusive or inadequate; he found
that Dr. Bahm’s opinion was unsupported by objective clinical
findings and contradicted by the evidence as a whole, including
Dr. Bahm’s own treatment notes. Further, Dr. Pieratt’s
observations were based on his personal examination of Glenn.
The ALJ did not err by not seeking additional evidence or
clarification. See
Newton, 209 F.3d at 453, 457-58.
The ALJ’s decision was supported by substantial evidence,
and there was no misapplication of the law. Therefore, the
decision of the Commissioner is AFFIRMED.