Crawford v. Commissioner of Social Security

• Decision Date: 26 March 2004
• Docket Number: No. 03-15270 Non-Argument Calendar.,03-15270 Non-Argument Calendar.
• Citation: 363 F.3d 1155
• Parties: Billy D. CRAWFORD, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee.
• Court: U.S. Court of Appeals — Eleventh Circuit

363 F.3d 1155

Billy D. CRAWFORD, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee.

No. 03-15270 Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

March 26, 2004.

COPYRIGHT MATERIAL OMITTED

Francis Anthony Solorzano, Winter Haven, FL, for Plaintiff-Appellant.

Natalie K. Jemison, Mary Ann Sloan, Dennis R. Williams, Douglas Wilson, Office of Gen. Counsel, SSA, Atlanta, GA, for Defendant-Appellee.

Appeal from the United States District Court for the Middle District of Florida.

Before CARNES, HULL and FAY, Circuit Judges.

PER CURIAM:

Billy D. Crawford appeals the district court's order affirming the Commissioner's denial of his applications for disability insurance benefits and supplemental social security income, 42 U.S.C. §§ 405(g), 1383(c). On appeal, Crawford argues that the Administrative Law Judge ("ALJ") erred by (1) discrediting the opinions of his treating physicians and chiropractor, and (2) failing to consider consultative psychologist Tracy Hartig's opinion that Crawford had "marked" psychological limitations. For the reasons set forth more fully below, we affirm the district court's order affirming the Commissioner's decision.

Crawford, a 53-year-old male with a ministerial college education, applied for supplemental social security income and disability insurance benefits, alleging an onset date of March 1, 1999, due to bilateral spondylolysis, a posterior midline annular tear, and degenerative disc disease. Crawford's applications were denied initially and on reconsideration. Crawford then requested and received a hearing before an ALJ.

Subsequent to the hearing, the ALJ made findings in a decision that included the relevant medical evidence and witness testimony. The ALJ discredited the opinions of chiropractor Mabbett Reckord and treating physicians Drs. Stanley Zemankiewicz, Pedro Ruiz, and Nicholas Blavatsky, all of whom had classified Crawford as "disabled" or cited functional limitations that would preclude even sedentary work. The ALJ found that the restrictions cited by these physicians "wavered constantly" and were "contradictory to their other conclusions." The ALJ further found that these physicians' notes were inconsistent and detailed only "short-lived problems." Additionally, the ALJ discounted consultative psychologist Tracy Hartig's opinion that Crawford was markedly limited in certain areas, finding that (1) she was not a "treating source" because she had examined Crawford only once, (2) she was not a medical doctor, (3) her findings were based on Crawford's self-interested assertions, and (4) her opinion was inconsistent with treating psychiatrist J.K. Mehta's findings.

The ALJ found that Crawford suffered from the severe impairments of spinal degenerative joint disease and reactive depression and that he consequently lacked the residual functional capacity ("RFC") to perform any of his past relevant work. The ALJ further found, however, that Crawford retained the RFC to perform "a significant range of light work," including work that involved "simple, repetitive, routine, low stress, safe, light work in clean surroundings, with a sit/stand option, and no overhead reaching." Relying on the medical evidence, and testimony from a vocational expert ("VE") and Crawford, the ALJ found that Crawford was not disabled as defined by the Act because he was able to perform other work that existed in significant numbers in the national economy.

The Appeals Council denied review of the ALJ's decision. On judicial review, the magistrate judge issued a report recommending that the Commissioner's decision denying benefits be affirmed. Thereafter, the district court entered an order affirming the Commissioner's decision.

On appeal, Crawford argues that the ALJ erred by discrediting the opinions of chiropractor Reckord and Drs. Ruiz, Blavatsky, and Zemankiewicz. Crawford maintains that the opinions of his treating physicians were based on a lengthy treatment history and supported by the medical evidence, whereas the opinion of consulting physician Dr. James Melton, upon which the ALJ placed great weight, was "against the great weight of all the evidence." Additionally, Crawford argues that, although a chiropractor's opinion generally is not entitled to controlling weight, the ALJ should have afforded deference to Reckord's opinion because he had treated Crawford for several years and had referred him to specialists for consultations.

"We review the Commissioner's decision to determine if it is supported by substantial evidence and based on proper legal standards." Lewis v. Callahan, 125 F.3d 1436, 1439 (11th Cir.1997). "Substantial evidence is more than a scintilla and is such relevant evidence as a reasonable person would accept as adequate to support a conclusion." Id. "Even if the evidence preponderates against the Commissioner's findings, we must affirm if the decision reached is supported by substantial evidence." Martin v. Sullivan, 894 F.2d 1520, 1529 (11th Cir.1990).

It is well-established that "the testimony of a treating physician must be given substantial or considerable weight unless `good cause' is shown to the contrary." Lewis, 125 F.3d at 1440. A treating physician's report "may be discounted when it is not accompanied by objective medical evidence or is wholly conclusory." Edwards v. Sullivan, 937 F.2d 580, 583-84 (11th Cir.1991) (good cause existed where the opinion was contradicted by other notations in the physician's own record).

Dr. Ruiz's opinion that Crawford is permanently and totally disabled is inconsistent with his own treatment notes, unsupported by the medical evidence, and appears to be based primarily on Crawford's subjective complaints of pain. Only three weeks after concluding that Crawford was unable to work due to lower back pain, Dr. Ruiz noted that Crawford was "improved" and "doing well" and that he had stated "I'm doing great." Moreover, subsequent to rendering his diagnosis of permanent and total disability, Dr. Ruiz examined Crawford and reported "no acute distress." Further testing by Dr. Ruiz revealed no musculoskeletal abnormalities. Additionally, medical tests that were conducted by physicians to whom Dr. Ruiz had referred Crawford revealed "no evidence of fracture, dislocation or bony destruction," normal soft tissues, and "[n]o evidence of metastatic disease." Based on the foregoing, and the fact that Crawford repeatedly had declined medication that Dr. Ruiz had prescribed him, the ALJ's decision to discount Dr. Ruiz's opinion was supported by substantial evidence. See Dawkins v. Bowen, 848 F.2d 1211, 1213 (11th Cir.1988) (failure to follow prescribed medical treatment will preclude a finding of disability).

Additionally, substantial evidence supports the...