IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-30216

Summary Calendar

DAVID LLOYD,

Plaintiff-Appellant

v.

MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY,

Defendant-Appellee.

Appeal from the United States District Court 

for the Western District of Louisiana

(10-CV-920)

Before BENAVIDES, STEWART, and HIGGINSON, Circuit Judges.

PER CURIAM:*

David Lloyd filed an application for disability insurance benefits in July

2006, which claimed that he had been unable to work since November 2005

because of a “disabling condition.” In November 2009, the Commissioner

rejected Lloyd’s asserted date of the onset of his disability, but concluded that

Lloyd was disabled beginning on August 1, 2009. Lloyd then unsuccessfully

United States Court of Appeals

Fifth Circuit

F I L E D

August 8, 2012

Lyle W. Cayce

Clerk

 Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

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challenged the Commissioner’s decision in federal district court. For the

following reasons, we affirm the district court’s judgment. 

I.

A.

David Lloyd visited William H. Morrison, M.D., on March 29, 2006 after 

noticing blood in his urine and experiencing lower back pain. During this visit,

Lloyd, who at the time was 48 years old, requested an appointment to see a

cardiologist. After conducting a physical examination, Dr. Morrison prescribed

Cipro and set up an appointment with Assad Mouhaffel, M.D. 

Dr. Mouhaffel examined Lloyd on May 1, 2006, and noted that Lloyd

complained of chest pain, shortness of breath, easy fatigability, and nausea. 

Later that week, Dr. Mouhaffel conducted a nuclear stress test. According to Dr.

Mouhaffel’s notes, the result of Lloyd’s stress test was abnormal, and Lloyd was

diagnosed with a ventricular septal defect.1

Approximately two months later, on July 5, 2006, Lloyd filed an

application for disability insurance benefits. In his application, Lloyd stated

that he had been unable to work “because of his disabling condition” since

November 1, 2005.

On August 24, 2006, consultative examiner Ken Barrick, M.D., examined

Lloyd. In his report, Dr. Barrick acknowledged Lloyd’s congenital heart

condition; indicated that Lloyd was complaining of daily chest pain, shortness

of breath, and numbness in both arms and both legs; and noted that Lloyd

claimed to have had a heart attack in 2000. In concluding his report, Dr. Barrick

observed that, although Lloyd complained of functional problems due to his

“A ventricular septal defect (VSD), also called a hole in the heart, is a common heart

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defect that’s present at birth (congenital). The defect involves an opening (hole) in the heart

forming between the heart’s lower chambers, allowing oxygen-rich and oxygen-poor blood to

mix.” Mayo Clinic, http://www.mayoclinic.com/health/ventricular-septal-defect/DS00614 (last

visited July 16, 2012).

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heart condition, there were “no clinical exam findings to support [his] claim.” 

Additionally, Dr. Barrick questioned Lloyd’s assertion that he had experienced

a heart attack on the grounds that no medical documentation supported Lloyd’s

assertion. Dr. Barrick concluded that despite Lloyd’s complaints, he believed

that Lloyd should have been “able to sit, walk, and/or stand for a full workday

with adequate rest breaks, lift/carry objects of at least 20 pounds, hold a

conversation, respond appropriately to questions, [and] carry out and remember

instructions.”

The following month, Susan Snell, a medical consultant, completed a

Physical Residual Functional Capacity Assessment in connection with Lloyd’s 

application for disability benefits. In this assessment, Snell indicated that Lloyd

could occasionally lift 50 pounds, frequently lift 25 pounds, and stand or walk

with normal breaks for a total of about 8 hours in an 8-hour workday. Despite

the evidence in Lloyd’s file revealing a minor heart abnormality and atypical

chest pain, Snell concluded that the evidence before her did not establish that

Lloyd’s physical restrictions were as serious as Lloyd described them. 

Lloyd was admitted to the hospital on April 15, 2007 after complaining of

chest pain. In his discharge report, Lloyd’s physician, Dr. Mouhaffel, noted that

he had previously seen Lloyd. This report also indicated that Lloyd’s chest pain

“ha[d] resolved.”

At the end of the ensuing month, Dr. Mouhaffel filled out a Residual

Functional Capacity Questionnaire that was sent to him. In this form, which

was submitted in May 2007, Dr. Mouhaffel restated his previous VSD diagnosis,

and noted that Lloyd experienced fatigue, nausea, weakness, and had difficulties

remembering. He also opined that Lloyd needed to shift positions at will from

sitting, standing, or walking; take unscheduled rest periods during the day; and

elevate his legs with prolonged sitting. Dr. Mouhaffel also indicated that Lloyd

could only rarely lift 20 pounds, climb ladders, or go up stairs. According to this

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form, Dr. Mouhaffel estimated that, on average, Lloyd would be ill about four

days a month as a result of his ailments. 

B.

After his application was initially denied, Lloyd requested a hearing before

an administrative law judge. His request for a hearing was granted, and Lloyd

received his hearing on August 4, 2008. During this hearing, Lloyd testified

about his physical limitations, the consequences of physical overexertion, and

the blackouts he experienced. His wife also provided testimony regarding the

blackouts. Two months after the hearing, the administrative law judge issued

a written decision denying Lloyd’s application for benefits.

Lloyd subsequently appealed the denial of benefits to the Appeals Council. 

On April 24, 2009, the Appeals Council vacated the hearing decision and

remanded Lloyd’s case back to an administrative law judge for clarification of

the relationship between Dr. Mouhaffel’s May 2006 treatment notes and his

responses to the May 2007 Residual Functional Capacity Questionnaire.

In response to the remand order, the Social Security Administration sent

Dr. Mouhaffel a letter requesting that he provide a “[m]edical records update.” 

Dr. Mouhaffel replied to this request in July 2009 by completing a Social

Security Administration form entitled “Medical Source Statement of Ability To

Do Work-Related Activities (Physical).” On the first page of this form, Dr.

Mouhaffel provided a handwritten notation indicating that Lloyd had not been

to his office since December 2007, and stating that his responses to the form

were based on the information available to him in December 2007. 

In this form, Dr. Mouhaffel indicated that Lloyd could continuously lift

and carry 20 pounds; sit, stand, and walk without interruption for four hours;

and frequently perform various postural activities, such as climbing stairs,

crouching, and crawling. Dr. Mouhaffel also opined that Lloyd could perform

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activities like shopping, walking at a reasonable pace on rough or uneven

surfaces, and using public transportation. 

The month after Dr. Mouhaffel completed this form, Lloyd was treated in

the emergency room for complaints of chest pain and shortness of breath. After

being admitted, Lloyd was stabilized on medications and released on August 18,

2009. 

C.

An administrative law judge conducted a second hearing in connection

with Lloyd’s application on September 10, 2009. At this hearing, Lloyd testified 

about his past work experience, his various physical ailments, and why those

ailments prevented him from working. Along with testimony from Lloyd’s wife,

the administrative law judge also heard testimony from Charles Smith, a

vocational expert, who provided responses to varioushypotheticals that explored

the boundaries of the type of work Lloyd could perform.

In November 2009, the administrative law judge issued a written decision

in which he concluded that Lloyd was disabled beginning on August 1, 2009. In

arriving at this conclusion, the administrative law judge rejected Lloyd’s

assertion that he was disabled beginning on November 1, 2005. Notably, the

administrative law judge determined that prior to August 1, 2009, Lloyd had the

residual functional capacity to perform certain “light work,” as the term is

defined by the applicable regulations. 

To support this determination, the administrative law judge referenced

various portions of the testimony Lloyd provided, along with the medical

documentation in the record. After reviewing the documentation, the

administrative law judge opined that “any possible previous inconsistencies in

the medical records” were resolved by the post-remand “Medical Source

Statement” form Dr. Mouhaffel filled out in July 2009. In addition, the

administrative law judge stated that the July 2009 form was not only more

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consistent with Dr. Mouhaffel’s own records, “which had failed to reflect any

limitations” prior to the May 2007 Residual Functional Capacity Questionnaire,

but was also in greater harmony with the reports provided by Dr. Barrick and

Susan Snell. 

In short, the administrative law judge concluded that his determination

that Lloyd could perform certain light work prior to August 1, 2009 was

supported by the medical documentation contained in the record. It was on this

basis that he ruled that Lloyd was not disabled from his alleged onset date of

November 1, 2005 through August 1, 2009. 

Lloyd subsequently sought review of this ruling in federal court. On

December 7, 2011, a magistrate judge recommended that the administrative law

judge’s decision be affirmed. The following month, the district court concluded

that the magistrate judge’s recommendation was correct, affirmed the

administrative law judge’s decision, and dismissed Lloyd’s suit. Lloyd now

appeals the district court’s judgment. 

II.

“In reviewing the Commissioner’s determination,we consider only whether

the Commissioner applied the proper legal standards and whether substantial

evidence in the record supports the decision to deny benefits.” Audler v. Astrue,

501 F.3d 446, 447 (5th Cir. 2007) (citation omitted). “Substantial evidence is

‘more than a mere scintilla. It means such relevant evidence as a reasonable

mind might accept as adequate to support a conclusion.’” Id. (citing Richardson

v. Perales, 402 U.S. 389, 401 (1971)). When conducting this review, “[w]e may

not reweigh the evidence or substitute our judgment for that of the

Commissioner.” Id. (citation omitted). “Conflicts in the evidence are for the

[Commissioner] and not the courts to resolve.” Brown v. Apfel, 192 F.3d 492, 496

(5th Cir. 1999) (internal quotation marks and citation omitted).

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On appeal, Lloyd contends that there is “no substantial evidence” to

support the adverse portion of the administrative law judge’s decision. Before

addressing this contention, we will first lay out the applicable legal framework. 

“The Social Security Act provides for the payment of insurance benefits to

persons who have contributed to the program and who suffer from a physical or

mental disability.” Loza v. Apfel, 219 F.3d 378, 390 (5th Cir. 2000) (citation

omitted). The Commissioner applies a five-step sequential evaluation process

for deciding whether an individual is disabled. “The first two steps involve

threshold determinations that the claimant is not presently engaged in

substantial gainful activity and has an impairment or combination of

impairments which significantly limits his physical or mental ability to do basic

work activities.” Id. (citing 20 C.F.R. §§ 404.1520, 404.1520(b)-(c), 416.920,

416.920(b)-(c)). “In the third step, the medical evidence of the claimant’s

impairment(s) is compared to a list of impairments presumed severe enough to

preclude any gainful activity.” Id. (citing 20 C.F.R. pt. 404, subpt. P, App. 1 (pt.

A) (1999)). “If the claimant’s impairment matches or is equal to one of the listed

impairments, he qualifies for benefits without further inquiry.” Id. (citing 20

C.F.R. §§ 404.1520(d), 416.920(d)). 

If the person cannot qualify under the listings, the evaluation proceeds to

the fourth and fifth steps. Under the fourth step, the Commissioner must

consider whether “the impairment prevents the claimant from doing past

relevant work.” Newton v. Apfel, 209 F.3d 448, 453 (5th Cir. 2000) (citing 20

C.F.R. § 404.1520). “The claimant bears the burden of proof on the first four

steps and the burden shifts to the Commissioner for the fifth step.” Id. 

For the fifth step, “the Commissioner must show that the claimant is

capable of engaging in some type of alternative work that exists in the national

economy.” Id. (citing Chaparro v. Bowen, 815 F.2d 1008, 1010 (5th Cir. 1987)).

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“Once the Commissioner makes this showing, the burden of proof shifts back to

the claimant to rebut this finding.” Id. (citation omitted).

Here, Lloyd challenges the administrative law judge’s conclusion at step

five of this analysis. According to him, the administrative law judge’s finding at

step five was impermissibly based on the post-remand “Medical Source

Statement” form Dr. Mouhaffel filled out in July 2009. This form, he argues, has

“several defects,” such as conflicting with Dr. Mouhaffel’s May 2007 report and

being made without examining Lloyd, which undermine its reliability and

credibility. Given these alleged defects, Lloyd maintains that the administrative

law judge’s reliance on this report was improper. Without this report, Lloyd

asserts that there is “no substantial evidence” in the record to support the

administrative law judge’s finding at step 5 that Lloyd could perform certain

light work prior to August 1, 2009.

We reject Lloyd’s assertion. In conducting our review, we grant great

deference to the administrative law judge’s decision and can only disturb his

determination if we cannot find substantial evidence in the record to support his

decision, or if we conclude that he made an error of law. Leggett v. Chater, 67

F.3d 558, 564 (5th Cir. 1995). Contrary to what Lloyd contends, the

administrative law judge’s decision with respect to step 5 of the applicable

analysis is supported by substantial evidence. Dr. Mouhaffel’s July 2009 report,

combined with the reports provided by Dr. Barrick and Susan Snell, provide a

basis for a reasonable mind to conclude that Lloyd was able to perform certain

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light work prior to August 1, 2009. We are therefore unable to unsettle the 2

administrative law judge’s decision. 

At its core, Lloyd’s appeal asks us to place the content of Dr. Mouhaffel’s

May 2007 report above the rest of the administrative record. Doing so, however,

would be tantamount to resolving a conflict in the evidence in his favor. Our

case law makes clear that we are unable to satisfy Lloyd’s request. See Brown,

192 F.3d at 496 (noting that conflicts in the evidence are for the Commissioner,

and not the courts, to resolve).

III.

For these reasons, we AFFIRM the district court’s judgment. 

 The applicable regulations define “light work” as follows: 2

(b) Light work. Light work involves lifting no more than 20 pounds at a time

with frequent lifting or carrying of objects weighing up to 10 pounds. Even

though the weight lifted may be very little, a job is in this category when it

requires a good deal of walking or standing, or when it involves sitting most of

the time with some pushing and pulling of arm or leg controls. To be considered

capable of performing a full or wide range of light work, you must have the

ability to do substantially all of these activities. If someone can do light work,

we determine that he or she can also do sedentary work, unless there are

additional limiting factors such as loss of fine dexterity or inability to sit for

long periods of time.

20 C.F.R. 404.1567(b).

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