Professional Documents
Culture Documents
No. 10-2348
Appeal from the United States District Court for the Western
District of Virginia, at Big Stone Gap.
James P. Jones,
District Judge. (2:10-cv-00005-jpj-pms)
Submitted:
Decided:
PER CURIAM:
Tracy
order
Bruner
granting
judgment
the
motion
Commissioners
in
Russell
appeals
Commissioner
Russells
decision
of
the
Social
district
courts
Securitys
summary
action
seeking
her
disability
denying
review
of
the
insurance
and
summary
judgment,
viewing
the
facts
and
the
reasonable
Fed. R.
Civ. P. 56(a).
Additionally, we review the denial of benefits under
the Act to ensure that the ALJs findings of fact are supported
by substantial evidence and [that] the correct law was applied.
Hays
v.
Sullivan,
907
F.2d
1453,
1456
(4th
Cir.
relevant
evidence
as
reasonable
mind
might
1990).
It means
accept
as
We
those
functions
are
left
to
the
ALJ.
allows
reasonable
minds
to
Johnson
v.
Where conflicting
differ
as
to
whether
marks omitted).
An ALJ is required to weigh medical opinions based on:
(1) whether the physician has examined the applicant, (2) the
treatment relationship between the physician and the applicant,
(3)
the
supportability
of
the
physicians
opinion,
(4)
the
consistency of the opinion with the record, and (5) whether the
physician
is
404.1527 (2005)).
to
the
Id.
specialist.
testimony
at
654
(citing
20
C.F.R.
treating
physician,
id.
(internal
76
F.3d
585,
590
(4th
404.1527(d)(2).
If
the
ALJ
physicians
opinion
controlling
Cir.
does
1996);
not
weight,
see
give
she
Craig v.
20
the
must
C.F.R.
treating
give
good
[she]
give[s]
[the]
treating
C.F.R. 404.1527(d)(2).
3
sources
opinion.
20
her
the
opinion
decision,
the
of
Russells
ALJ
noted
treating
that
rheumatologist.
Russell
saw
the
six
months
assessment.
opinion
prior
to
his
filling
out
the
disability
about
Russells
disability
was
not
supported
assessment
limited
use
improving
form
of
her
with
precluded
hands,
treatment
Russell
his
and
notes
his
from
opinion
is
his
Although
working
indicate
by
that
due
she
unsupported
to
was
by
Morris
of
prior
to
his
assessment
her
ability
to
work,
Dr.
Morris noted that Russell had no active synovitis and had the
full
range
of
motion
in
her
hands.
These
notes
constitute
AFFIRMED