Documente Academic
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Documente Cultură
SEP 3 2003
PATRICK FISHER
Clerk
JOHN PACE,
Plaintiff-Appellant,
v.
JO ANNE B. BARNHART,
Commissioner, Social Security
Administration,
No. 03-5004
(D.C. No. 02-CV-7-M)
(N.D. Okla.)
Defendant-Appellee.
ORDER AND JUDGMENT
After examining the briefs and appellate record, this panel has determined
unanimously to grant the parties request for a decision on the briefs without oral
argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument.
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
controlling weight.
416.913(d) (ALJ can consider evidence from sources other than acceptable
medical sources when considering severity of claimants impairments). Further,
the record supports the ALJs determination that these mental impairments only
mildly restricted his functional abilities.
Lastly, Pace argues the ALJ failed to consider the combined effect of his
impairments. Although the Commissioner argues Pace waived this argument by
failing to raise it in the district court, Pace did sufficiently raise this argument in
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argument is unavailing.
Furthermore, although Pace specifically asserts the ALJ failed to consider
Paces weakened grip, when the ALJ considered all Paces impairments, there is
no evidence in the record supporting Paces claim that he has trouble with his
grip. See, e.g., Qualls v. Apfel , 206 F.3d 1368, 1372 (10th Cir. 2000) (holding
ALJ, in making RFC assessment, did not err in excluding claimants inability to
perform repetitive hand motions, where record contained no evidence of any such
limitation). While Pace did testify that he dropped things, this was, according to
Pace, the result of his back hurting when he picked up things, rather than
a weakened grip.
Furthermore, although Pace argues the ALJ should have obtained the
records from his earlier disability proceeding, the ALJ expressly informed Paces
attorney that she needed to obtain and submit any relevant medical records.
See
1162, 1167 (10th Cir. 1997) (noting ALJ should ordinarily be entitled to rely on
the claimants counsel to structure and present claimants case in a way that the
claimants claims are adequately explored). Under these circumstances, we
reject Paces assertion now that the ALJ should have obtained those records.
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Bobby R. Baldock
Circuit Judge
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