Summary
The United States District Court for the Eastern District of Texas adopts the magistrate judge’s report and recommendation in a Social Security appeal. The court rejects the plaintiff’s objections concerning the administrative law judge’s residual functional capacity assessment, affirms the Commissioner’s final decision, and dismisses the case with prejudice.
Holdings
- The ALJ's RFC finding was supported by substantial evidence and the ALJ applied the correct legal standards.
- The ALJ was not required to adopt a specific physician's assessment in determining the claimant's RFC.
- A specific finding that the claimant can perform work on a regular and continuing basis is not required absent special circumstances.
- There was no error in finding that the ALJ's RFC was less limiting than some medical opinions and more limiting than others.
Questions Presented
- Whether the ALJ's residual functional capacity assessment was supported by substantial evidence and explained adequately.
- Whether the ALJ was required to adopt a specific physician's assessment when determining residual functional capacity.
- Whether the ALJ was required to make a specific finding that Roberson could work on a regular and continuing basis.
- Whether the ALJ or magistrate judge improperly relied on a middle-ground rationale because the RFC was more restrictive than some opinions and less restrictive than others.
Disposition
affirmed
Cases Cited (12)
- Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc)(followed)
- Harris v. Apfel, 209 F.3d 413, 417 (5th Cir. 2000)(followed)
- Ripley v. Chater, 67 F.3d 552, 555 (5th Cir. 1995)(followed)
- Newton v. Apfel, 209 F.3d 448, 452 (5th Cir. 2000)(followed)
- Brown v. Apfel, 192 F.3d 492, 496 (5th Cir. 1999)(followed)
- Taylor v. Astrue, 706 F.3d 600, 602–03 (5th Cir. 2013)(followed)
- Joseph-Jack v. Barnhart, 80 Fed. Appx. 317, 318 (5th Cir. 2003)(followed)
- Miller v. Kijakazi, 2023 WL 234773, at 4 (5th Cir. 2023)(followed)
- Myers v. Saul, 2021 WL 4025993, at 8 (W.D. Tex. Sept. 3, 2021)(followed)
- Dunbar v. Barnhart, 330 F.3d 670, 672 (5th Cir. 2003) (per curiam)(followed)
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Cited In (0)
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Court Document
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