Thompson v. Barnhart
Thompson v. Barnhart
Opinion of the Court
SUMMARY ORDER
Plaintiff-Appellant Robbin Thompson,
1. Applying the Correct Law with Respect to the Five-Step Evaluation Process
Ms. Thompson asserts that the Administrative Law Judge (“ALJ”) who reviewed her claim erred in failing to apply the sequential five-step evaluation process provided in 20 C.F.R. § 416.920. We disagree. Although the ALJ did not reference each step of the process in her discussion of the evidence, she expressly stated that her review was conducted pursuant to § 416.920. Moreover, she clearly addressed the factors relevant to each step in her detailed opinion.
Upon reaching the fifth step, the ALJ correctly placed the burden on the Commissioner to show that a significant number of jobs existed in the economy that Ms. Thompson could perform despite her various physical and mental impairments. Because the ALJ expressly found that Ms. Thompson had the residual functional capacity to perform essentially the full range of sedentary work, a conclusion supported by substantial evidence,
2. Treating Physician Rule
Ms. Thompson submits that the Commissioner failed to give proper consid
3. Failure to Reopen Prior Applications
The ALJ’s 1997 refusal to reopen Ms. Thompson’s 1993 and 1994 disability applications was not legal error. The request to reopen was plainly untimely under 20 C.F.R. §§ 416.1488 and 416.1489 (2001), and, to the extent Ms. Thompson raises a due process challenge to the filing deadline based on mental incapacity, see Byam v. Barnhart, 336 F.3d 172, 179 (2d Cir. 2003), we must conclude, as the district court did, that the considerable record evidence of her mental condition at the relevant time can support only one conclusion, i.e., her impairments were not so severe as to suggest that she was unable to pursue administrative remedies within the time provided, cf. id. at 183 (holding that “plaintiff has put forth sufficient evidence to warrant consideration of her due process claim”).
4. Credibility Findings
Ms. Thompson challenges the ALJ’s adverse finding as to her credibility on the grounds that she did not explain this conclusion. This argument, which appears not to have been raised in the district court, is, in fact, belied by the ALJ’s decision, which states that the credibility conclusion was reached after consideration of “all of the evidence in the record, including [Ms. Thompson’s] statements.” ALJ Decision at 8. Immediately thereafter the ALJ details how Ms. Thompson’s description of her symptoms was at odds with her treatment history, her medication regime, and her daily routine. ■
To the extent Ms. Thompson notes a discrepancy between the credibility finding made at page 8 of the ALJ decision and that noted at page 10, it is obvious from the opinion as a whole that the inclusion of the word “not” in the latter finding represents a typographical error.
In sum, because we find that the Commissioner did not misapply the applicable law and because her conclusion is supported by substantial evidence, we AFFIRM the district court’s award of summary judgment in favor of the Commissioner.
. It appears that Ms. Thompson’s first name was mis-spelled in the case's caption. In signed documents filed with the Social Security Administration, she spells her name "Robbin” rather than "Robin.”
. Ms. Thompson submits that there is a fatal flaw in the ALJ's evaluation of the evidence because she ignored three medical limitations — positional vertigo, post-concussion syndrome and chronic pain syndrome — in her evaluation. These limitations are first identified by her treating physician in a note dated May 14, 2001, well after the ALJ's May 28, 1999 decision, and do not appear to relate to claimant's condition during the time period for which benefits were sought. See generally Lisa v. Secretary of Dep’t of Health and Human Svcs. of U.S., 940 F.2d 40, 43 (2d Cir. 1991) (holding that new evidence is material only if it relates to claimant’s condition during the time period for which benefits were denied). Accordingly, we find no error in the ALJ’s review of the record evidence.
Reference
- Full Case Name
- Robin L. THOMPSON v. Jo Anne B. BARNHART, Commissioner, Social Security Administration
- Cited By
- 8 cases
- Status
- Published