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Dunbar v. Barnhart

United States Court of Appeals, Fifth Circuit
Apr 8, 2003
330 F.3d 670 (5th Cir. 2003)

Summary

holding that ALJ did not err in considering cardiac condition as non-disabling, "discounting Dunbar's subjective complaints of pain as inconsistent with other evidence in the record, including the findings of physicians"

Summary of this case from Thomas v. Colvin

Opinion

No. 02-50960 Summary Calendar.

April 8, 2003.

Susan L. Carpenter, Law Offices of Ed Goldner, San Antonio, TX, for Plaintiff-Appellant.

Raymond A. Nowak, San Antonio, TX, Kendall Morrison Rees, SSA, Office of Gen. Counsel, Dallas, TX, for Defendant-Appellee.

Appeal from the United States District Court for the Western District of Texas.

Before REAVLEY, BARKSDALE and CLEMENT, Circuit Judges.


We affirm for the following reasons:

1. We essentially agree with the analysis offered in the magistrate judge's memorandum and recommendation and the district court's order accepting the magistrate's recommendation.

2. The Commissioner's decision that appellant Dunbar was not disabled is supported by substantial evidence. The Commissioner applied the proper legal standards in making this determination.

3. We do not understand Watson v. Barnhart, 288 F.3d 212 (5th Cir. 2002), to require an explicit finding in every case that the claimant can not only engage in substantial gainful activity but maintain that employment as well. Here, the administrative law judge (ALJ) concluded that Dunbar was not disabled based on a determination of his residual functional capacity, or RFC. The ALJ cited the regulation describing RFC, 20 C.F.R. § 404.1545 (2002), as well as a Social Security Ruling, SSR 96-8p (1996), both of which make clear that RFC is a measure of the claimant's capacity to perform work "on a regular and continuing basis." The ALJ further found, after hearing the testimony of a vocational expert, that Dunbar "was capable of making a successful adjustment to work that exists in significant numbers in the national economy." In these circumstances, and absent evidence that a claimant's ability to maintain employment would be compromised despite his ability to perform employment as an initial matter, or an indication that the ALJ did not appreciate that an ability to perform work on a regular and continuing basis is inherent in the definition of RFC, we do not read Watson to require a specific finding that the claimant can maintain employment. See Frank v. Barnhart, 326 F.3d 618, 619 (5th Cir. 2003) (on petition for rehearing) (" Watson requires a situation in which, by its nature, the claimant's physical ailment waxes and wanes in its manifestation of disabling symptoms.").

4. The ALJ did not err in failing to consider Dunbar's cardiac condition. The ALJ did consider this condition but properly held that it was not disabling. The ALJ noted that Dunbar had suffered an infarction, but that medical evidence indicated that this event was due to blood loss on one occasion, and that a cardiac specialist had released Dunbar to return to his usual work shortly thereafter.

5. The ALJ did not err in discounting Dunbar's subjective complaints of pain as inconsistent with other evidence in the record, including the findings of physicians. "The ALJ must consider subjective evidence of pain, but it is within his discretion to determine the pain's disabling nature." Wren v. Sullivan, 925 F.2d 123, 128 (5th Cir. 1991) (citation omitted).

AFFIRMED.


Summaries of

Dunbar v. Barnhart

United States Court of Appeals, Fifth Circuit
Apr 8, 2003
330 F.3d 670 (5th Cir. 2003)

holding that ALJ did not err in considering cardiac condition as non-disabling, "discounting Dunbar's subjective complaints of pain as inconsistent with other evidence in the record, including the findings of physicians"

Summary of this case from Thomas v. Colvin

holding that the ALJ did not need to make "a specific finding that the claimant can maintain employment" where there was no evidence that this ability was "compromised despite [the claimant's] ability to perform employment as an initial matter" and no "indication that the ALJ did not appreciate that an ability to perform work on a regular and continuing basis is inherent in the definition of RFC"

Summary of this case from Housing v. Comm'r of Soc. Sec.

holding that the ALJ did not need to make "a specific finding that the claimant can maintain employment" where there was no evidence that this ability was "compromised despite [the claimant's] ability to perform employment as an initial matter" and no "indication that the ALJ did not appreciate that an ability to perform work on a regular and continuing basis is inherent in the definition of RFC"

Summary of this case from Trischler v. Comm'r of Soc. Sec.

finding that absent evidence that ability to maintain employment was compromised, or that the ALJ did not appreciate that the ability to perform work on a regular and continuing basis is inherent in the definition of RFC, a specific finding regarding ability to maintain employment is not required

Summary of this case from Morton v. Soc. Sec. Admin.

concluding that a separate finding is not needed "absent evidence that a claimant's ability to maintain employment would be compromised despite his ability to perform employment as an initial matter"

Summary of this case from Alvarado v. Berryhill

noting that the ALJ cited the regulation, suggesting he considered the claimant's ability to maintain employment

Summary of this case from Trischler v. Comm'r of Soc. Sec.

In Dunbar v. Barnhart, 330 F.3d 670, 672 (5th Cir. 2003), the court concluded that an ALJ's citation to the appropriate regulation and ruling permitted the court to infer that the ALJ determined that the claimant could perform the work in question on a regular and continuing basis.

Summary of this case from Thomas v. Commissioner of Social Security Administration
Case details for

Dunbar v. Barnhart

Case Details

Full title:James R. DUNBAR, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 8, 2003

Citations

330 F.3d 670 (5th Cir. 2003)

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