Norbert Skarbek seeks disability insurance benefits, alleging that he is unable to
At the time of his hearing, Skarbek was 51 years old with a high school education. He is 6'1" tall and weighed 245 pounds. Skarbek has not worked since August 24, 2000, when knee problems prevented him from bending and squatting as required in his job as a construction laborer. Skarbek had previously worked as an outdoor sign installer, assembler, welder, repairman, and painter.
In July 2000, because of pain in his knees, Skarbek saw Dr. W.R. Yergler, an orthopedic specialist. Dr. Yergler wrote that Skarbek’s knees were “not compatible with his job” because, while they could tolerate standing and walking, they could not tolerate squatting and climbing. In October, Skarbek was given an independent medical examination by Dr. Mark Graham, a rehabilitation specialist. Dr. Graham noted that Skarbek was overweight and recommended that Skarbek take anti-inflammatory medication for his knees. Dr. Graham found Skarbek “capable of gainful employment” and recommended a restriction of no climbing, squatting or kneeling.
Skarbek was also treated by his family physician, Dr. Ralph Inanbit, for his knee problems, high blood pressure, and other illnesses. Dr. Inanbit’s records show that Skarbek was down to 204 pounds in May 1998, but gained weight after he stopped working. In a medical assessment on October 13, 2001, Dr. Inanbit wrote that Skarbek could sit, stand, or walk for four hours without interruption, and could occasionally lift up to 25 pounds. But nine days later, on October 22, Dr. Inanbit altered his assessment when he wrote a letter to Skarbek’s attorney stating that Skarbek “can walk for only short distances, less than one-half block .... he also has difficulty with lifting, he can lift only 5-10 pounds and then develops severe pain.” He recommended that “Skarbek be considered for disability” based on his knee pain.
Two Social Security Administration (“SSA”) physicians, Dr. J.V. Corcoran and Dr. W. Bastanagel, reviewed Skarbek’s medical records, but did not examine him in person. Based on their review of the records, both doctors concluded that Skar-bek could frequently lift 25 pounds and could stand, walk, or sit for about six hours in an eight-hour workday. They agreed that Skarbek should never kneel, crouch, or crawl, and could only occasionally stoop or climb stairs. They also noted that Skarbek’s body mass index (“BMI”) was greater than 32, a score that registered him as obese.
Skarbek filed for disability benefits in October 2000. The SSA initially, and upon reconsideration, denied his claim. Skar-bek then appeared before an ALJ at a hearing, where both he and a Vocational Expert (“VE”) testified. Skarbek testified that he lived alone and could complete routine household chores, but when his knees were swollen, he could walk or stand for only one hour and had to elevate his legs. Skarbek testified that he could lift fifty pounds, mow his small lawn if he took breaks, and drove. Skarbek also testified that for exercise he swam and rode a stationary bike with no resistance.
The ALJ applied the five-step analysis,
see
20 C.F.R. § 404.1520, and found that Skarbek was not disabled. The ALJ found that Skarbek had not engaged in any substantial gainful activity since his alleged onset of disability and that his knee prob
The appeals council denied Skarbek’s request for review, rendering the ALJ’s decision the Commissioner’s final decision. In August 2002, the district court affirmed the Commissioner’s final decision denying disability benefits, finding that the ALJ’s decision was supported by substantial evidence.
This court will uphold the ALJ’s decision so long as it is supported by substantial evidence in the record. 42 U.S.C. § 405(g);
Gudgel v. Barnhart,
Skarbek first argues that the ALJ reached a flawed RFC assessment by failing to give controlling weight, or at least deference, to the opinion of his treating physician, Dr. Inanbit. Skarbek argues that the ALJ overvalued the opinions of Dr. Yergler and Dr. Graham, who saw Skarbek only once, and not as recently as Dr. Inanbit. As a result, Skarbek argues, the ALJ erred in determining that he could perform medium work, rather than crediting Dr. Inanbit’s opinion that he was disabled.
A treating physician’s opinion regarding the nature and severity of a medical condition is entitled to controlling weight if supported by the medical findings and consistent with substantial evidence in the record.
Gudgel,
Here, the ALJ provided an adequate explanation for giving more weight to Dr. Graham and Dr. Yergler’s opinions: Dr. Inanbit’s opinion was not well-supported by medical evidence. Dr. Inanbit indicat
Further, contrary to Skarbek’s assertion, the ALJ was not required to recontact Dr. Inanbit for additional evidence or obtain medical expert testimony. An ALJ need recontact medical sources only when the evidence received is inadequate to determine whether the claimant is disabled. See 20 C.F.R. § 404.1512(e). Here, the evidence was adequate for the ALJ to find Skarbek not disabled, and the ALJ acted within his discretion in deciding not to call a medical expert. See 20 C.F.R. § 404.1527(f)(2) (iii).
Skarbek also argues that the ALJ erred by failing to consider his weight in determining whether he was disabled.
See
SSR 00-3p, (since superceded by SSR 02-lp without any substantive changes). Social Security Ruling 00-3p requires an ALJ to consider the effects of obesity at several points in the five-step process.
Id.
at 5;
see also Celaya v. Halter,
An ALJ is required to consider impairments a claimant says he has, or about which the ALJ receives evidence. 20 C.F.R. § 404.1512(a). Athough Skarbek did not specifically claim obesity as an impairment (either in his disability application or at his hearing), the references to his weight in his medical records were likely sufficient to alert the ALJ to the impairment.
See Clifford,
Next, Skarbek argues that the ALJ erred in his credibility determination by failing to follow SSR 96-7p, which lists factors to be considered and requires an ALJ to articulate his reasons for finding a claimant not credible. An ALJ is in the best position to determine a witness’s truthfulness and forthrightness; thus, this court will not overturn an ALJ’s credibility determination unless it is “patently wrong.”
E.g., Zurawski v. Halter,
245
The ALJ provided sufficient support for his finding that Skarbek was not credible regarding his limitations. First, the ALJ stated that Skarbek’s testimony of constant throbbing pain was not consistent with the findings of the specialists or with Skarbek’s medical records. Second, the ALJ stated that Skarbek’s testimony regarding his daily activities — that, among other things, he drove, did laundry and household chores, and was able to cut grass on occasion — did not support a finding that he was totally disabled. The ALJ found that Skarbek’s abilities and activities were more consistent with the opinions of Dr. Yergler and Dr. Graham than with his own testimony. The ALJ thus complied with SSR 96-7p by providing specific reasons for his finding.
Finally, Skarbek raises the entirely new argument that the VE’s findings were not consistent with the Dictionary of Occupational Titles (“DOT”) and that the ALJ erred by failing to explain how the VE’s testimony was consistent with Skarbek’s limitations. Because Skarbek did not raise these arguments previously, he waived the opportunity to raise them on appeal.
Schoenfeld v. Apfel,
The ALJ’s decision to deny disability benefits was based on substantial evidence. Therefore, the decision of the district court is AFFIRMED.