Professional Documents
Culture Documents
Unpublished
Unpublished
Unpublished
No. 15-1424
Appeal from the United States District Court for the Western
District of North Carolina, at Bryson City.
Robert J. Conrad,
Jr., District Judge. (2:14-cv-00005-RJC)
Submitted:
Decided:
PER CURIAM:
Terry
Boyd
Rholetter
appeals
the
district
courts
order
instructions.
I.
When
disability
examining
[a
determination,
Social
a
Security
reviewing
court
Administration]
is
required
to
and
the
ALJs
substantial evidence.
factual
findings
are
supported
by
It
for
substantial
evidence,
we
do
not
undertake
In
to
Johnson, 434
marks
omitted).
To
enable
Id. (internal
judicial
review
for
Radford
v.
Colvin,
734
F.3d
288,
295
(4th
Cir.
2013).
A disability entitling a claimant to benefits under the
Social Security Act, as relevant here, is [the] inability to
engage
in
any
substantial
gainful
activity
by
reason
of
any
First,
in
the
ALJ
considers
substantial
404.1520(a)(4)(i).
gainful
the
claimant
activity.
is
Id.
Id. 404.1520(a)(4)(ii).
Id. 404.1520(a)(4)(iii).
burden
shifts
establish
that,
Id. 404.1520(a)(4)(iv).
at
the
given
fifth
the
step
to
claimants
If he does not,
the
age,
Commissioner
education,
to
work
Id.
that
incorporates
the
claimants
limitations.
activity
suffered
from
amputation,
deformity
since
severe
loss
alleged
impairments
coronary
with
his
artery
of
onset
including
disease,
vertebral
date
height,
and
below
lumbar
that
right
he
knee
compression
diverticulitis,
and
obesity.
The
ALJ
found
that
Rholetter
did
not
have
an
Finding that
of
between
the
Occupational
experts
Titles
testimony
(DOT).
and
the
Specifically,
Reading
between
the
first-
and
second-grade
level
one.
See
Hernandez
v.
Colvin,
No.
13
CV
1955,
2014
WL
language
requirement
translates
to
reading
between
WL
4684036,
at
*4
(N.D.
Ill.
Nov.
12,
2010)
(expert
an
affirmative
responsibility
to
ask
[the
vocational
Id.
relying
the
on
The
ALJ
experts
must
resolve
testimony
the
and
conflict
must
before
explain
the
Id.
must
identify
conflicts
between
Id. at *4.
the
experts
Id. at *6.
apparently
conflicts
with
the
DOT
can
only
provide
expert
explaining
explanation
was
the
conflict
reasonable
and
and
determined
that
it
both
provided
that
the
basis
for
See 2015
there
there
was
no
was
no
See id.
explanation
reasonable
We determined that,
regarding
basis
for
the
apparent
relying
on
the
See id.
testimony
and
the
DOT
and,
second,
by
relying
on
the
conflict
at
between
first-
or
an
RFC
that
second-grade
limits
level
Rholetter
and
the
to
DOTs
experts
not
testimony
in
this
case
did
provide
substantial
evidence that there was work that Rholetter could do given his
RFC.
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.