The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JAMIE GISCLAIR CIVIL ACTION
VERSUS NUMBER: 24-1298
SOCIAL SECURITY ADMINISTRATION SECTION “R” (5)
REPORT AND RECOMMENDATION
Plaintiff, Jamie Gisclair, filed this action pursuant to 42 U.S.C. § 405(g) for review of
the final decision of the Commissioner denying his claim for Disability Insurance BenITef iItSs
R(“EDCIBO”M) MunEdNeDr ETDit le II of the Social Security Act (“SSAR”E).J E FCoTrE tDhe following reasons,
ADthOatP PTlEaDintiff's brief (rec. doc. 9) DbIeS MISSED W,I TthHe PCRomEJmUDisIsCioEner's brief
(I.r e c. doBcA. 1C6K)G bRe OUND , and Plaintiff's case be .
Plaintiff filed his original application for DIB on February 22, 2022, alleging a
disability onset date of September 10, 2021. (Adm. Rec. at 77). PIlda.intiff alleged disability
due to back issues, neck issues, and severe joint pain in his hands. ( at 200). Plaintiff, born
on June 15, 1969, was 52 years old onI dth.e date he alleged onset of disability and 53 years old
on the date he filed his application. ( at 77). Plaintiff has a high-school education, and he
has past work experience as Iad .deckhand for a tugboat company and a mechanic for a
powerline contract business. ( at 201).
Defendant initially denied Plaintiff'Isd . application on July 26, 2022 and on
reconsideration on December 6, 2022. ( at 85-86, 95-96). Plaintiff sought an
administrative hearing, which took place on July 6, 2023 before an Administrative Law Judge
Id.
(“ALJ”). ( at 30-61). Plaintiff, who was represented by counsel, and Deborah Robichaux, a
vocational expert (“VE”), testified at the hearing.
On November 22, 2023, the ALJ issuIedd. an unfavorable decision, finding Plaintiff not
disabled through the date of the decision. ( at 15-25). In that decision, the ALJ concluded
that Plaintiff has the severe impairments of multi-level degenerative disc disease,
arthropathy of the spine with radicIudl.opathies, and right hand arthropathy status post-
amputation of distal fourth finger. ( at 18). The ALJ held that Plaintiff did not have an
impairment or a combination of impIda.irments that met or medically equaled a listed
impairment under the regulations. ( at 19). The ALJ found that Plaintiff retains the
residual functional capacity (“RFC”) to pIedr.form light work except that he can only frequently
climb, stoop, kneel, crouch, and crawl. ( ). IInd. addition, he is further limited to no more than
frequent reaching, handling, and fingering. ( ). The ALJ determined tIhda.t Plaintiff is capable
of performing his past relevant work as a captain of a fishing vessel. ( at 23).
Plaintiff appeaIlde.d the ALJ’s decision to the Appeals Council, which denied his appeal
on MarIcIh. 29, 2S0T2A4N. D(AR aDt 1O-F6 )R. E V IEW
The function of a district court on judicial review is limited to determining whether
there is “substantial evidence” in the record, as a whole, to support the final decision of the
Commissioner as trier of fact, and wSheeether the CommissionBerro wapnp vl.i eAdp ftehle appropriate legal
standards to evaMluaarttein tehze ve. vCihdaetnecre. 42 U.S.C. § 405(g); Carri, e1r9e2 v .F S.3udll i4v9a2n, 496
(5th Cir. 1999); , 64 F.3d 172, 173 (5th Cir. 1995); , 944
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F.2d 243, 245 (5th Cir. 1991). If the CoMmamrtiisnseiozner's findings are supported by substantial
evidence, this Court must affirm them. , 64 F.3d at 173.
“Substantial evidence” is that which is relevanRt iacnhdar sdusfofnic ievn. tP feorra ale sreasonable mind
to accept asM aasdteeqrsuoante v .t oB asrunphpaortrt a conclusion. , 402 U.S. 389,
401(1971); , 309 F.3d 26S7pe, l2lm72a n( 5v.t hSh Cailra.l a2002). It is more than a
scintilla but may be less than a preponderance. , 1 F.3d 357, 360 (5th Cir.
1993). A finding of no substantial evidence is appropriate only if no credSiebel eB oeyvdid ve. nAtpiaferyl
choices or medical findings exist to support the Commissioner's decision. ,
239 F.3d 698, 704 (5th Cir. 2002).
A district court may not try the issues de nCoavroey, rve. -Awpefieglh the evidence, or substitute
its own Rjuipdlgemy ev.n tC hfoart etrhat of the Commissioner. Sp,e 2ll3m0a Fn.3d 131, 135 (5th Cir.
2000); , 67 F.3d 552, 555 (5th Cir. 1995); , 1 F.3d at 360. The
Commissioner is entitled to make any finding that is suppoSreteed A rbkya nsusabss vta. Ontkilaalh eovmidaence,
regardless of whether other conclusions are also permissible. , 503
U.S. 91, 112-C1a3r (e1y992). Conflicts in the evidence are for the Commissioner to resolve, not
the courts. , 230 F.3d at 135. Any of the RCiopmlemy issioner's findings of fact that are
supported by substantial evidence are conclusive. , 67 F.3d at 555. Despite this Court's
limited function on review, the Court must scrutinize the record in its entirety to determine
the reasonaAbnlethnoenssy vo. fS uthlleiv adnecision reached and whether substaVnitlliaa lv .e Svuidlleivnacne exists to
support it. , 954 F.2d 289, 295 (5th Cir. 1992); , 895 F.2d
1019, 1022 (5th Cir. 1990).
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III. ENTITLEMENT TO BENEFITS UNDER THE ACT
To be considered disabled and eligible for disability benefits under the Act, Plaintiff
must show an inability “to engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment which can be expected to result in
death or which has lasted or can be expected to last for a continuous period of not less than
12 months.” 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A). A claimant is considered disabled
only if a physical or mental impairment is so severe that the claimant is unable not only to
do previous work, but cannot, considering age, education and work experience, participate
in any other kind of substantial gainful work that exists in significant volume in the national
economy, regardless of whether such work exists in the area in which the claimant lives,
whether a specific job vacancy exists, or whether the claimant would be hired if she or he
applied for work. 42 U.S.C. § 1382(a)(3)(B). The Commissioner has promulgated regulations
that provide procedures for evaluating a claim and determining disability. 20 C.F.R. §§
404.1501 - 404.1599 & Appendices, §§ 416.901t-416.988 (1995). The regulations include a
five-step evaluation process for determining wIdh.ether an impairment prGevreeenntss paa pne vr.s oShna flraolma
engaging in any substantial gainful activity. §§ 404.1520, 416.920; ,
38 F.3d 23S2h,a 2v3e 6v .( A5pthfe Clir. 1994).
In , 238 F.3d 592 (5th Cir. 2001), the Fifth Circuit restated the five-step
procedure to make a disability determination under the Social Security Act:
The Social Security Act defines “disability” as the “inability to engage in any
substantial gainful activity by reason of any medically determinable physical
or mental impairment which can be expected to result in death or which has
lasted or can be expected to last for a continuous period of not less than 12
months.” To determine whether a claimant is disabled, and thus entitled to
disability benefits, a five-step analysis is employed. First, the claimant must
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not be presently working at any substantial gainful activity. Second, the
claimant must have an impairment or combination of impairments that are
severe. An impairment or combination of impairments is “severe” if it
“significantly limits [a claimant's] physical or mental ability to do basic work
activities.” Third, the claimant's impairment must meet or equal an
impairment listed in the appendix to the regulations. Fourth, the impairment
must prevent the claimant from returning to his past relevant work. Fifth, the
impairment must prevent the claimant from doing any relevant work,
considering the claimant's residual functional capacity, age, education and
past work experience. At steps one through four, the burden of proof rests
upon the claimant to show he is disabled. If the claimant acquits this
responsibility, at step five the burden shifts to the Commissioner to show that
there is other gainful employment the claimant is capable of performing in
spite of his existing impairments. If the Commissioner meets this burden, the
Id. claimant mustC trhoewnl epyr ovv. eA hpefe iln fact cannot perform the alternate work.
at 594 (quoting , 197 F.3d 194, 197-98 (5th Cir. 1999)). If the ALJ
determines that a Plaintiff is not disabled under step five of the five-part test, the
Commissioner must establish that the claimant has a “residual functional capacity,” given the
claimant's age, educLaetigogne, tat nvd. Cphaastt ewrork experience, to perform other work available in the
national economy. , 67 F.3d 558, 564 n.11 (5th Cir. 1995). Step five also
requires the CoImdm. issioner to use the medical-vocational guidelines to make a disability
determination.
The four elements of proof weighed to determine whether evidence of disability is
substantial are: (1) objective medical facts; (2) diagnoses and opinions of treating and
examining physicians; (3) the claimant's subjMecatirvtein eevz ivd.e Cnhcae toefr pain and disability; and (4)
claimant's age, education, and work history. , 64 F.3d 172, 174 (5th Cir.
1Id9. 95). “The Commissioner, rather than the courts, must resolve conflicts in the evidence.”
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IV. ISSUE ON APPEAL
While Plaintiff lists four issues on appeal, the Court finds that there is one overarching
issue about which Plaintiff complains: Whether the ALJ applied the proper legal standards
aVn. d whAetNhAeLr YsuSbISs tOaFn tTiaHl Eev IiSdSeUnEceS sOuNp pAoPrPtsE hAiLs RFC assessment.
(1) Whether the ALJ applied the proper legal standards and whether
substantial evidence supports his RFC assessment.
Plaintiff’s broad complaint concerns the ALJ’s RFC assessment that he can perform
light work with limitations. Plaintiff maintains that the ALJ failed to comply with Agency
policies and procedures, specifically Social Security Ruling (“SSR”) 16-3p and Hallex I-2-5-
69(B)(1). An RFC determination describes the most an individual can still do despite his
limitations. 20 C.F.R. § 404.1545(a)(1). It is an administrative assessment made by the ALJ
based on the totality of the evidence in the record. 20 C.F.R. §§ 416.945(a)-(e); 416.946. To
assess a claimant's RFC, the ALJ must consider all the evidence in the record, including the
limiting effects of all docIudm. ented impairments, regardless of whether those impairments are
severe or non-severe. § 404.1545(a)(1-3). Also, when making the assessment, the ALJ
should consider medical assessments, descriptions by physicians, descriptions by the
cHloalilmisa vn.t ,B aonwde anny other evidence that shows any limitations on the claimant's ability to work.
, 837 F.2d 1378, 1386-87 (5th Cir. 1988 (citation omitted)). ThCeh raemlabtliivses
wv. eMigahsts agnivaerni to the evidence contained in the record is within the ALJ's discretion.
, 269 F.3d 520, 523 & n.1 (5th Cir. 2001) (per curiam). To that end, the ALJ is
not required teoe iMncoorrrpiso vr.a Bteo wlimenitations in the RFC that he does not find to be supported in
the record. S , 864 F.2d 333, 336 (5th Cir. 1988) (per curiam). Further,
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under the regulations and Fifth CircuiTt ajuylroisrp vr.u Adsetnrucee, the determination of a claimant’s RFC
is the sRoilpe lereys vp. oCnhsaitbeirlity of the ALJ. , 706 F.3d 600, 602-03 (5th Cir. 2012)
(citing , 67 F.3d 552, 557 (5th Cir. 1995)). As noted above, the ALJ concluded
that Plaintiff can perform light work as defined in 20 C.F.R. § 404.1567(b), except that he can
only frequently climb, stoop, kneel, crouch, crawl, reach, handle, and finger. (Adm. Rec. at
19).
SSR 16-3p explains that “an individual's statements of symptoms alone are not
enough to establish the existence of a physical or mental impairment or disability.” SSR 16-
3p, 2016 WL 1020935, at *1-2 (Oct. 25, 2017). The Social Security Administration issued
SSR 16-3p, which eliminated the “use of the term ‘credibility’ from [its] sub-regulatory
policy,” clarifying “thatI ds.ubjective symptom evaluation is not an examination of an
individual's character.” It instructs ALJs to determine “the extent to which . . . symptoms
can reasonably be accepted as consistent with the objective medical and other evidence in
the [claimant's] record” and simply shifts the focus from a more general analysis of a
claimant's tSreuet hHfuolwnaersds tvo. aBne rorbyjheiclltive comparison of a claimant's statements to the evidence
of record. , No. 3:16-CV-318-BN, 2017 WL 551666, at *6 (N.D. Tex.
Feb. 10, 2017). While SSR 16-3p explicitly superseded SSIRd .96-7P, “it is evident that the
change brought about by SSR 16-3p was mostly semantic.” at *7 (collecting cases).
The ALJ, however, cannot ignore statements of symptoms but, rather, must evaluate
them according to the two-step process set forth in SSR 16-3p: (1) consideration of “whether
there is an underlying medically determinable physical or mental impairment(s) that could
reasonably be expected to produce an individual's symptoms, such as pain;” and (2)
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evaluation of “the intensity and persistence of the symptoms to determine the extenIdt. to
which the symptoms limit an individual's ability to perform work-related activities.” at
**2-4. The ALJ must evaluate the symptoms experienced by the claimant by looking to the
objective medical evidence, the claimant's statements, medical sources, other sources, and
several other factors, includIidn.g daily activities, aggravating symptoms, pain characteristics,
treatment, medication, etc. at **3-6. These “other” factors include, but are not limited to,
1. Daily activities;
2. The location, duration, frequency, and intensity of pain or other symptoms;
3. Factors that precipitate and aggravate the symptoms;
4. The type, dosage, effectiveness, and side effects of any medication an
individual takes or has taken to alleviate pain or other symptoms;
5. Treatment, other than medication, an individual receives or has received for
relief of pain or other symptoms;
6. Any measures other than treatment an individual uses or has used to relieve
pain or other symptoms (e.g., lying flat on his or her back, standing for 15 to
20 minutes every hour, or sleeping on a board); and
7. Any other factors concerning an individual's functional limitations and
Id. restrictions due to pain or other symptoms.
at **7-8. In performing this evaluation, the ALJ is not, however, requireSde et oU anrdthiceuimla tve.
Bexaprnrehsasrlty every regulatory factor or reason in making this determination.
, 214 F. App'x 448, 451 (5th Cir. 2007). Further, a court must give deference to the
ALJ's evaluSaetei oVnil lao fv .t hSuel lpivlaainntiff's subjective complaints if it is supported by substantial
evidence. , 895 F.2d 1019, 1024 (5th Cir. 1990).
By citing SSR 16-3p, Plaintiff appears to raise the argument that the ALJ erred when
he determined that Plaintiff’s subjective complaints were not credible and not supported by
the objective medical evidence in the record. “RFC determinations are inherently
intertwined with matters of credibilAitcyo, staan vd. Athster uAeLJ's credibility determinations are
generally entitled to great deference.” , 865 F. Supp. 2d 767, 790 (W.D. Tex.
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Newton v. Apfel
2012) (citing , 209 F.3d 448, 459 (5th Cir. 2000)) (internal quotation
omitted).
In his opinion, the ALJ rejected Plaintiff’s claims of persistent and deliberating pain
and stated:
In sum, the above residual functional capacity assessment is supported by the
objective medical evidence contained in the record. The claimant's statements
about the intensity, persistence, and limiting effects of symptoms are not
entirely consistent with the objective medical evidence and the other evidence
of record. The conservative treatment received, ability to ambulate normally,
and only slightly reduced strength does not correlate to the claimant’s
assertions that he is precluded from all work activity. The record does show
the claimant has been evaluated and treated for his severe impairments and
takes a number of medications, the objective clinical and laboratory diagnostic
findings reported by his medical providers do not support the limitations he
alleges, or otherwise establish functional limitations that would preclude the
range of light exertion called for in the residual functional capacity.
(Adm. Rec. at 22). The ALJ amply supported this conclusion with substantial objective
medical evidence from the record as outlined below.
The ALJ considered the reporItd o. f Scott Sondes, M.D., a consultative physician who
evaluated Plaintiff in June 2022. ( at 22, 473-477). As the ALJ noted, at SonIdde.s’s
examination, Plaintiff ambulated without an assistive device and had a normal gait. ( at
22, 477). Plaintiff also did the following without difficulty: move on and off the examination
table; squaIdt;. bend; stoop; turn a doorknob; pick up coins; and perform heel and tiptoe
walking.I d (. at 22, 477). He had full grip strength bilaterally and a full range of motion in all
joints. ( at 22, 473, 477). Plaintiff’s straight-leg raise test was negative bilaterally, and an
eIxda.mination of his cervical, thoracic, and lumbar spines revealed no signs of radiculopathy.
( at 22, 477). His muscle bulk and tone were Ipdr.eserved in all four extremities; his reflexes
were normal; and he had no sensory deficits. ( at 22, 477). In sum, the results of Sondes’
9
Id.
examination and functional assessment support the ALJ’s decision. ( at 22, 473-477).
Plaintiff complains that the ALJ ignored his subjective complaints about back problems, but
Plaintiff’s subjective complaints are outweighed by the objective medical evidence, including
Sondes’s examination results, and the ALJ specifically noted this finding in the block
quotation cited above. Moreover, Plaintiff fails to cite the Court to any specific objective
medical evidence in the record to support his subjective complaints and/or that the ALJ did
not consider.
The earlier administrative medical findingsI do.f the state agency physicians provide
further support for the ALJ’s RFC determination. ( at 22-23, 65, 72-73). For example, at
the initial level of administrative review, Jerry Davis, M.D., opined that Plaintiff could
occasionally lift and/or carry 20 pounds; frequently lift and/or carry 10 pounds; stand
and/or walk (with normal breaks) for a total of about six hours in an eight-hour workIdd.ay;
and sit (with normal breaks) for a total of about six hours in an eiIgdh.t-hour worksedeay. ( at
22, 65). Davis thus opined that Plaintiff can perform light work. ( at 22, 65); 20 C.F.R.
§ 404.1567(b). At the reconsideration level oIdf .administrative review, Paul Wilson, M.D.,
concurred with Davis’s findings and opinion. ( at 22, 72-73). State agency physicians are
highly qualified experts in disability evaluation, and an ALJ Imd.ust consider their opisneieons,
along with the other evidence of record, as the ALJ did here. ( at 22-23, 65, 72-73); 20
C.F.R. § 404.1513a(b)(1).
Plaintiff argues that the ALJ improperly sifted through the record Saened H cohlloinsgee rth ve.
eKvijiadkeanzcie to support his findings. Plaintiff’s contention is without merit.
, 857 F. App’x 213, 214 (5th Cir. 2021) (“[t]here is a line between cherry-picking and
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Ellis v.
rCeosmomlvi'rn go fc oSoncfl.i cSteicn.g evidence, and we decline the invitation to blur that boundary”);
, No. 4:23-CV-143-RP, 2024 WL 495949, at *2 (N.D. Miss. Feb. 8, 2024)
(“That the ALJ did not specifically cite each and every piece of medicCaal setvilildo evn. Bcea rcnohnasridtered
does not establish an actual failure to consider the evidence.” (citing , 151
F. App’x 334, 335 (5th Cir. 2005)). “The fact that the ALJ cited certain evidence that he felt
supported hiBs rduencsiosino vn. dAostersu neot mean that he failed to consider all of the other evidence in
the record.” , 387 F. App’x 459, 461 (5th Cir. 2010). Here,i dth. e ALJ stated at
the outset of his opinion that hIed .carefully cosneseid aelrsoed E “lltihse entire record,” ( at 17), and his
decision reveals that he did. ( at 15-25); , 2024 WL 495949, at *2 (rejecting
plaintiff’s argument that the ALJ pick and chose the evidence on which to rely simply because
he failed to cite it in his opinion).
The burden rests on the claLimewains tv . tWo epinrobderugceer sufficient evidence, medical and
otherwise, to establish his disability. , 515 F.2d 584, 586 (5th CirI. d1.975).
As a matter of course, the Commissioner’s disposition of disability claims is final. The
regulations of the Social Security Administration and the case law provide for a limited
mIde. asure of judicial review, but the role of the courts in the administrative process is narrow.
BowlingT hv.e S Chaoluarlta’s duty is not to substitute its judgment for that of the Commissioner.
, 36 F.3d 431, 434Se (e5 Rthip Cleiry. v1.9 C9h4a)t.e rThe ALJ retains the sole responsibility
for determining a claimant’s RFC. , 67 F.3d 552, 557 (5th Cir. 1995); 20
CCh.Fa.Rm. b§l i4s0s 4v.. 1M5a2s0sban(ca)r. i Similarly, the task of weighing the evidence is the province of the ALJ.
, 269 F.3d 520, 523 (5th Cir. 2001). Here, the ALJ’s RFC determination
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is consistent with the eviRdiecnhcaer dosfo rne vco. Prder aanleds constitutes an appropriate resolution of the
conflicts in the evidence. , 402 U.S. 389, 399 (1971). Consequently, the
CVoI.u rt aCffoirnmclsu tshieo nALJ’s decision.
FITo r ItSh e RfoErCeOgoMinMgE rNeaDsEoDns , REJECTED
that APlDaOinPtiTffE'sD brief (rec. doc. 9) beD ISMISSED W, ITthHe
CPoRmEJmUiDssIiCoEner's brief (rec. doc. 16) be , and Plaintiff's case be
. NOTICE OF RIGHT TO OBJECT
A party’s failure to file written objections to the proposed findings, conclusions, and
recommendation contained in a magistrate judge’s report and recommendation within 14
days after being served with a copy shall bar that party, except upon grounds of plain error,
from attacking on appeal the unobjected-to proposed factual findings and legal conclusions
accepted by the district court, provided that the parDtyo uhgasla bsse evn. Usenritveedd Swtaitthe sn oAtuitcoe. tAhsast’ nsuch
consequences will result from a failure to object. , 79
F.3d 1415 (5th Cir. 1996) (en banc)1. 4 th July
New Orleans, Louisiana, this ____ day of ____________________________, 2025.
MICHAEL B. NORTH
UNITED STATES MAGISTRATE JUDGE
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