Rudde v. Astrue

253 F. App'x 770 (10th Cir. 2007) · United States Court of Appeals for the Tenth Circuit · November 6, 2007

Summary

The Tenth Circuit affirmed the district court’s judgment upholding the Commissioner of Social Security’s determination that Charlene Rudde became disabled on May 20, 2000, rather than on her alleged onset date of February 14, 1999. The court rejected challenges to the residual functional capacity assessment, step-five determination, credibility evaluation, and onset-date analysis, concluding that the decision was supported by substantial evidence.

Holdings

  1. The ALJ's determination that Rudde could perform sedentary work through May 19, 2000 was supported by substantial evidence, including medical examinations, physician assessments, and testimony.
  2. The ALJ properly determined that Rudde could perform other jobs available in the national economy, including electronic goods assembler, optical goods assembler, and security system monitor.
  3. The ALJ's partial-credibility determination was supported by substantial evidence and was not subject to disturbance on appeal.
  4. Substantial evidence supported the ALJ's determination that Rudde became disabled on May 20, 2000, and the ALJ did not err by declining to infer an earlier onset date.

Questions Presented

  1. Whether substantial evidence supported the ALJ's residual functional capacity determination for the period from February 14, 1999 through May 19, 2000.
  2. Whether substantial evidence supported the ALJ's step-five determination that Rudde could perform other jobs available in the national economy.
  3. Whether the ALJ properly evaluated Rudde's credibility and subjective complaints.
  4. Whether the ALJ properly determined May 20, 2000 as the disability onset date and erred by not obtaining a medical advisor's opinion.

Disposition

affirmed

Cases Cited (13)

  • Grogan v. Barnhart, 399 F.3d 1257, 1261-62 (10th Cir. 2005)(followed)
  • Rutledge v. Apfel, 230 F.3d 1172, 1174 (10th Cir. 2000)(followed)
  • Glass v. Shalala, 43 F.3d 1392, 1395 (10th Cir. 1994)(followed)
  • Wilcox v. Sullivan, 917 F.2d 272, 274 (6th Cir. 1990)(cited)
  • Estes v. Railroad Retirement Board, 776 F.2d 1436, 1437 (9th Cir. 1985)(cited)
  • Parish v. Califano, 642 F.2d 188, 193 (6th Cir. 1981)(cited)
  • Talley v. Sullivan, 908 F.2d 585, 588 (10th Cir. 1990)(followed)
  • Casias v. Secretary of Health & Human Services, 933 F.2d 799, 801 (10th Cir. 1991)(followed)
  • Kepler v. Chater, 68 F.3d 387, 391 (10th Cir. 1995)(followed)
  • Qualls v. Apfel, 206 F.3d 1368, 1372 (10th Cir. 2000)(followed)

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