Greta Ann Belser v. Social Security Administration, Commissioner


USCA11 Case: 20-12121 Date Filed: 12/27/2021 Page: 1 of 21 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 20-12121 Non-Argument Calendar ____________________ GRETA ANN BELSER, Plaintiff-Appellant, versus SOCIAL SECURITY ADMINISTRATION, COMMISSIONER, Defendant-Appellee. ____________________ Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 2:19-cv-00870-LSC ____________________ USCA11 Case: 20-12121 Date Filed: 12/27/2021 Page: 2 of 21 2 Opinion of the Court 20-12121 Before JORDAN, GRANT, and TJOFLAT, Circuit Judges. PER CURIAM: Greta Ann Belser appeals pro se the District Court’s order affirming the Social Security Commissioner’s (“Commissioner”) denial of her claim for a period of disability and disability insurance benefits (“DIB”). On appeal, she argues that the Administrative Law Judge (“ALJ”) erred in selecting a different onset date from her alleged onset date and that medical records supported a determina- tion that she was disabled beginning in September 2016 rather than January 2018. She also claims various other instances of error sup- port reversal, such as the ALJ not asking a Vocational Expert (“VE”) to testify at Belser’s disability hearing or the Commissioner acci- dentally writing a date as “2019” instead of “2018” in a brief to the District Court. As we find that the ALJ’s determination was sup- ported by substantial evidence and that Belser’s other arguments are meritless, we affirm the judgment of the District Court. I. Belser is a fifty-five-year-old woman previously self-em- ployed as a real estate agent. On January 12, 2018, Belser filed an application for a period of disability and DIB as a result of knee problems, chronic sinusitis, high blood pressure, high cholesterol, and possible heart and back problems. The Social Security Admin- istration (“SSA”) determined that Belser was disabled beginning on January 1, 2018, but not before that date. Belser requested a hearing before an ALJ to challenge the onset date of her disability; she claimed that the became disabled on September 26, 2016. The hearing occurred on November 7, 2018, before an ALJ and with a VE, Joann Hayward, available to testify on the phone. USCA11 Case: 20-12121 Date Filed: 12/27/2021 Page: 3 of 21 20-12121 Opinion of the Court 3 The medical records introduced during the hearing established the following timeline. A. On September 22, 2016, Belser visited Alabama Regional complaining of nausea. Belser admitted to taking heroin for two months and then taking Lortab pills to wean her from the heroin. The examination that followed revealed Belser had stable hyper- tension and no ambulation issues. Belser was diagnosed with be- nign essential hypertension, drug abuse, nausea, and knee pain, and then prescribed Mobic for her knee pain. In November 2016, Belser presented to St. Vincent’s East’s emergency room complaining of cough and upper respiratory in- fection (“URI”) symptoms. Belser reported no other symptoms, and the nursing assessment produced all normal findings includ- ing normal ambulatory status, intact range of motion for all ex- tremities, and no muscle weakness. Belser was treated for URI symptoms and discharged …

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