No. 15-1118
ANGELA D. MCLEOD,
Plaintiff - Appellee,
v.
CAROLYN W. COLVIN, Acting Commissioner of SSA,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:13-cv-00550-BO)
Submitted:
Decided:
PER CURIAM:
The
Acting
Commissioner
district
courts
orders:
decision
denying
the
disability
(2)
(1)
Social
benefits
remanding
for
Security
reversing
application
insurance
benefits;
of
an
of
the
Angela
and
award
appeals
the
Commissioners
D.
McLeod
for
supplemental
security
of
and
benefits;
(3)
the
consideration
matter
of
the
to
the
Commissioner
administrative
record.
for
further
Accordingly,
we
I.
Following
hearing,
the
administrative
law
judge
(ALJ)
found
that
none
of
the
impairments,
singly
The
or
in
P.,
app.
(2012).
The
ALJ
also
found
that
McLeod
evidence
in
ALJ
disabled
and
the
not
record,
entitled
the
to
found
that
benefits.
The
McLeod
Appeals
was
not
Council
then
filed
complaint
in
the
district
court.
The
court found that the record did not support the ALJs finding
that these conditions were managed when McLeod was compliant
with medication.
(J.A. 22).
Additionally, the district court determined that the ALJ did not
give sufficient weight to the opinion of McLeods treating
physician.
(J.A. 22).
that
were
there
migraines
and
no
jobs
hypertension
that
McLeod
were
not
could
perform
controlled,
if
the
her
court
II.
When
examining
an
SSA
disability
determination,
has
applied
the
correct
legal
the
ALJs
Bird
standards
and
v. Commr of Soc. Sec. Admin., 699 F.3d 337, 340 (4th Cir.
2012).
reasonable
mind
might
accept
as
adequate
to
support
scintilla
of
evidence
but
may
be
somewhat
less
than
In
undertake
to
reviewing
re-weigh
determinations,
or
[Commissioner].
1996).
Nor
for
substantial
conflicting
substitute
evidence,
our
evidence,
judgment
make
for
we
do
not
credibility
that
of
the
should
the
reviewing
court
engage
in
these
rehearing.
(2012)).
Id.
at
295
(citing
42
U.S.C.
405(g)
to
support
decision
denying
coverage
under
the
1002,
1012
(4th
Cir.
1974).
4
review
the
district
its
brief,
the
holding in Radford.
Commissioner
state
opinions
medical
this
Courts
overstates
Id.
opinions,
merit[ed]
the
he
did
weight
he
not
indicate
afforded
why
them.
the
Id.
the
treating
physicians
opinions.
Id.
at
295-96.
While the district court ruled that remand was futile, we noted
that there was some conflicting evidence in the record.
296.
Id.
Id. at
Because
Id.
Thus, unlike
did
not
support
the
ALJs
conclusion
that
McLeods
We thus conclude that the district court did not abuse its
discretion in reversing the decision of the Commissioner and
directing the Social Security Administration to award benefits.
Remanding for further development of evidence or consideration
of the record is unnecessary.
III.
We
dispense
therefore
with
affirm
oral
the
district
argument
because
courts
the
judgment.
facts
and
We
legal