JERRY E. SMITH, Circuit Judge:
The Commissioner of Social Security determined that Joyce Jones was ineligible for disability benefits, and the district court agreed. On appeal, Jones argues that the administrative law judge ("ALJ") improperly disregarded evidence from one of her treating physicians without re-contacting him to obtain further documentation. Because (1) the ALJ had no duty to re-contact that physician where the record contained sufficient evidence from other physicians and (2) any error was harmless even if the ALJ were required to re-contact the doctor, we affirm.
Jones applied for disability insurance benefits ("DIB") and supplemental security income ("SSI"). The ALJ determined that she was entitled to SSI but denied DIB; the Appeals Council agreed. Jones sought judicial review in the district court, which upheld the Commissioner's decision.
Jones was last insured for disability benefits on December 31, 2005, so to receive DIB, she must establish disability on or before that date. She filed her initial application in 2004, but that application was denied in April 2005. She requested a hearing, which was conducted in June 2007. The ALJ issued an adverse decision finding that Jones's ailments were severe impairments but did not meet or equal the requirements of any listed impairment.
After consideration of the medical evidence and the record as a whole, the ALJ found that beginning on April 16, 2007, Jones had the residual functional capacity ("RFC") to lift and carry ten pounds occasionally, stand and walk two hours in a workday, sit six hours in a workday, with the ability to push and pull limited by the weight she was able to lift and carry. The ALJ found that Jones was able to perform detailed but not complex work activities and was able to perform tasks requiring no more than limited interaction with the public. He also found that given Jones's age, education, work experience, and RFC, there were not a significant number of jobs in the national economy that she could perform. Therefore, the ALJ found that beginning April 16, 2007, Jones was disabled and entitled to SSI.
The ALJ found, however, that before that date, Jones had the RFC to lift and carry ten pounds frequently and twenty pounds occasionally, to stand and walk six hours in a workday, and to sit six hours in a workday. Again, the ALJ found that Jones was able to perform detailed but not complex work activities and was able to perform tasks requiring no more than limited interaction with the public. Because the ALJ found that Jones was unable to perform her past relevant work, he enlisted the testimony of a vocational expert to determine whether there were other jobs that Jones could perform. Based on the evidence in the record and the testimony of the vocational expert, the ALJ found that Jones could perform other jobs existing
In reviewing the Commissioner's eligibility determination, a federal court considers only whether the Commissioner applied the proper legal standards and whether substantial evidence in the record supports his decision. Greenspan v. Shalala, 38 F.3d 232, 236 (5th Cir.1994). A court will reverse the ALJ's decision as not supported by substantial evidence if the claimant shows that (1) the ALJ failed to fulfill his duty to develop the record adequately and (2) that failure prejudiced the plaintiff. Brock v. Chater, 84 F.3d 726, 728 (5th Cir.1996).
Jones contends that the ALJ did not satisfy that duty, because he failed to order more medical records from Dr. Henry Young, one of Jones's physicians. Jones supplied a two-page checklist from Young indicating his opinion that Jones suffered from a variety of ailments, partially contradicting some of the ALJ's conclusions.
The regulation Jones cites does not require the ALJ to order more evidence where the record is sufficient to establish whether the claimant is disabled. The Commissioner is required to recontact a medical source "[w]hen the evidence ... from [the] treating physician or psychologist or other medical source is inadequate for [the Commissioner] to determine whether [the claimant is] disabled." 20 C.F.R. § 404.1512(e) (eff. Aug. 1, 2006, to June 12, 2011). Evidence from other treating sources can suffice to allow the ALJ to determine whether the claimant is disabled.
Jones cites Newton v. Apfel, 209 F.3d 448 (5th Cir.2000), to support her contention that the ALJ must attempt to order more records before finding a treating physician's opinion to be unsupported. As the magistrate judge's report notes, however, the holding in that case is more qualified:
Id. at 453 (emphasis added). Here, the record contained other medical opinion evidence from treating physicians, as noted above.
Even if we did find that the ALJ was required to request further documentation, we would affirm, because Jones has not met her burden of showing that any error was prejudicial.
The party seeking to overturn the Commissioner's decision has the burden
The judgment is AFFIRMED.