Garcia v. Colvin
Garcia v. Colvin
Opinion of the Court
Rachel Lea Garcia, proceeding pro se, appeals the Social Security Administra
I.
In May 2006, Garcia fell and injured her back while working in the gardening department at Walmart.
In January 2010, Garcia applied for disability insurance; shortly after, she saw two doctors, and her records were reviewed by a third.
During this time, Garcia’s disability application continued. Her initial claim was denied, and she requested a hearing before
Garcia appealed to the district court, and the case was referred to Magistrate Judge Stacy. In a comprehensive opinion, she recommended that the district court affirm the agency’s decision.
II.
A.
“Our review of the Commissioner’s decision is limited to two inquiries: (1) whether the decision is supported by substantial evidence on the record as a whole, and (2) whether the Commissioner applied the proper legal standard.”
B.
Garcia raises four objections. In light of the demanding standard of review she must summit, none persuade.
First, Garcia argues that the agency erred in relying on the April 2010 consultative report provided by Dr. Culver. She posits that this report was flawed, because Dr. Culver did not have the raw radiology images of her back. Dr. Culver, however, was provided and relied upon a radiological report on Garcia’s spine.
Second, Garcia argues that the ALJ failed to consider her subjective reports of chronic back, hip, and knee pain when evaluating whether she was disabled. “Since pain alone or in conjunction with other impairments can give rise to a disability, the ALJ must consider subjective evidence of pain as testified to by the claimant; failure to give consideration to the subjective evidence of pain and disability as testified to by the plaintiff is reversible error.”
Third, Garcia challenges the hypothetical question posed by the ALJ to the vocational expert. Because the hypothetical summarized the ALJ’s assessment of Garcia’s functional capacity, we construe her argument as a challenge to his finding of her physical capabilities.
After reviewing Garcia’s medical record and examining her personally, the ALJ posed the following hypothetical to the vocational expert:
[Wje’ve got a younger individual. She’s got a limited education. I find she’s literate. Exertional ability to occasionally lift 20 pounds, 10 pounds frequently. Sitting ability six of eight.*410 Walking/standing four of eight. Push, pull, and gross/fine is unlimited, except occasional pushing with the lower extremities bilaterally. Frequent use of the hands bilaterally. Occasional stairs, no ladders, ropes, scaffolds or running. Can occasionally bend, stoop, crouch, crawl, balance, and twist. No squatting given her left knee issue. Limited exposure to dust, fumes, gases, and chemicals, heights, dangerous machinery, uneven surfaces. There’s no mental impairment. Okay, based on those elements, what kind of work, if any, could be completed?36
In essence, the ALJ adopted a functional assessment consistent of the report of Dr. Culver, who performed a consultative evaluation, rather than the one-page form provided Dr. Oandasan, Garcia’s treating physician. Garcia argues this choice was reversible error. We cannot agree.
“[T]he opinions, diagnoses, and medical evidence of a treating physician who is familiar with the claimant’s injuries, treatments, and responses should be accorded considerable weight in determining disability.”
Dr. Oandasan’s opinion [that Garcia can only lift 10 pounds and can sit for less than an hour] is given little weight because the medical records and Dr. Oan-dasan’s treatment notes do not support it.... [Fjindings on examination did not appear to any significant degree. Records received from Dr. Oandasan showed that on examination, there was only localized tenderness’s in lower back and right hip. MRI of lumbar spine and right hip showed bulging, but no herniated, discs. In February 2011, the claimant had negative straight leg raising.40
We have reviewed this record evidence,
Finally, Garcia posits ALJ erred in relying on the vocational expert. The vocational expert, she argues, did not provide any specific definitions of the qualifications for the jobs she discussed, nor did she
III.
We AFFIRM the judgment of the district court.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
. See R. 64-65.
. Id. at 400.
. Id. at 560. Garcia’s doctor ordered an MRI, which showed evidence of spinal disk protrusion. See id.
. Id. at 281.
. See id. at 400.
. See id. at 561.
. Id. at 418; see also id. at 563.
. Id. at 41.
. See id. at 500-02.
. Id. at 501-02.
. Id. at 499. In March 2010, Dr. Oandasan filled out a lumbar spine questionnaire, which noted similar limitations. See id. at 498.
. Id. at 484-85.
. Id. at 486.
. Id. at 490,
. See id. at 41.
. Id.
. Id. at 47
. Id. at 50.
. Id. at 51.
. Id. at 555.
. See id. at 553-72.
. Id. at 580-81.
. Perez v. Barnhart, 415 F.3d 457, 461 (5th Cir. 2005).
. Williams v. Colvin, 575 Fed.Appx. 350, 353-54 (5th Cir. 2014) (unpublished) (quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)).
. Perez, 415 F.3d at 461 (quoting Masterson v. Barnhart, 309 F.3d 267, 272 (5th Cir. 2002)).
. See id.
. Id.
. Id. at 486, 488. The report stated, in full, that “[alignment of the lumbar spine is satisfactory. There is mild spondylosis mainly consisting of small osteophytes.” Id. at 488.
. See, e.g., Nugent v. Astrue, 278 Fed.Appx. 423, 425 (5th Cir. 2008) (unpublished).
. Greenspan v. Shalala, 38 F.3d 232, 237 (5th Cir. 1994).
. See 20 C.F.R. § 404.950(d)(2) (providing that parties may request that the AU issue subpoenas to witnesses, if a request is filed at least 5 days before the hearing).
. Scharlow v. Schweiker, 655 F.2d 645, 648 (5th Cir. 1981) (internal citation omitted).
. R.'48.
. See Adams v. Astrue, 340 Fed.Appx. 219, 221 (5th Cir. 2009) (unpublished) ("Thus, the ALJ clearly considered and accounted for Adams' statements about her pain, but did not find the medical and other evidence to be consistent with her statements about the intensity, duration and restrictive effect of the pain.”).
.See, e.g., Bordelon v. Astrue, 281 Fed.Appx. 418, 423 (5th Cir. 2008) (unpublished) (“[Hlypothetical question posed to the vocational expert by the ALJ must incorporate reasonably all disabilities of the claimant recognized by the ALJ.”) (internal quotation marks and bracket omitted) (quoting Bowling v. Shalala, 36 F.3d 431, 436 (5th Cir. 1994)).
. R. 85.
. Perez v. Barnhart, 415 F.3d 457, 465-66 (5th Cir. 2005) (quoting Greenspan v. Shalala, 38 F.3d 232, 237 (5th Cir. 1994)).
. Id. at 466 (quoting Greenspan, 38 F.3d at 237).
. Greenspan, 38 F.3d at 237 (quoting Moore v. Sullivan, 919 F.2d 901, 905 (5th Cir. 1990)).
. R. 49-50.
. See id. at 500-02.
. Id. at 566-67.
. Chaparro v. Bowen, 815 F.2d 1008, 1011 (5th Cir. 1987).
. Appellant Br. at 6.
. Pineda v. Astrue, 289 Fed.Appx. 710, 714 (5th Cir. 2008) (unpublished).
.Id.
. See R. 87.
. See id. at 90-91.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.