Leslie
Leslie v. Astrue
Opinion
Lead Opinion
MEMORANDUM
David A. Leslie appeals the district court’s judgment affirming the decision of the Commissioner of the Social Security Administration that he was not disabled within the meaning of the Social Security Act and thus not entitled to disability benefits. We affirm in part, and reverse and remand for further proceedings.
I
The administrative law judge (ALJ) did not err in determining that Leslie’s carpal tunnel syndrome was not a medically determinable impairment. As the ALJ noted, the record reflects no evidence that the condition limited Leslie’s ability to do basic work. See 20 C.F.R. § 404.1520 (c). Rather, the evidence indicates that he had only “mild-to-moderate” carpal tunnel in his right wrist, and there is no indication that he followed through on rehabilitation. Dr. Morse’s testimony was to the same effect. Accordingly, the ALJ’s decision as to the carpal tunnel syndrome impairment was supported by substantial evidence.
II
We cannot, however, uphold the ALJ’s rejection of Dr. Christopher Morache’s opinions. Dr. Morache became Leslie’s treating physician when Leslie attempted suicide. The ALJ rejected Dr. Morache’s November 15, 2004 opinion as inconsistent…