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No. 14-1700
THOMAS R. BOWERS,
Plaintiff Appellant,
v.
CAROLYN W. COLVIN,
Defendant Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Senior District Judge. (1:10-cv-00458-JAB-LPA)
Argued:
Decided:
October 8, 2015
PER CURIAM:
Thomas Bowers (Bowers) petitions for review of the denial
of his claim for disability benefits under the Social Security
Act
(the
SSA).
The
administrative
law
judge
(the
ALJ)
The
district
court,
adopting
Report
and
that
follow,
we
affirm
the
judgment
of
For the
the
district
court.
I.
In
2004,
Bowers
applied
for
Social
Security
disability
the ALJ who reviewed the application found that Bowers was not
disabled.
not
A.R. 20.
show
diagnosis
of
chronic
fatigue
syndrome.
the
ALJs
decision,
Bowers
unsuccessfully
decision,
which
at
that
point
became
final.
Bowers
then
Middle
District
of
North
Carolina.
After
the
Social
judge
for
referred
Report
the
and
case
to
the
Recommendation
assigned
on
the
magistrate
motion.
The
II.
On
appeal,
Bowers
contends
that
he
met
his
burden
of
showing that he suffered from CFS, and that the ALJs conclusion
was therefore erroneous.
A.
In determining whether Bowers met his burden of showing
that he has a qualifying disability, we will affirm the Social
Security Administrations disability determination when an ALJ
has
applied
correct
legal
standards
and
the
ALJs
780
F.3d
632,
634
(4th
Cir.
2015)
factual
Mascio v.
(quoting
Bird
v.
Commr of Soc. Sec. Admin., 699 F.3d 337, 340 (4th Cir. 2012)).
3
Our
review
of
the
district
courts
decision
to
grant
the
B.
Bowers
because
contends
Bowers
specifically,
that
the
demonstrated
Bowers
ALJs
that
asserts
he
that
determination
suffered
the
from
ALJs
was
flawed
CFS.
decision
More
is
sufficient
residual
functional
capacity
was
adjudicative
process
governing
claim
for
social
procedure,
severe
. . .
medically
or
under
which
Bowers
determinable
combination
of
was
physical
required
or
impairments
20 C.F.R. 404.1520(a)(4)(ii).
to
mental
that
show
impairment
is
severe.
with the ALJs assessment that, while the medical record does
show that [Bowers] complained of fatigue, it does not show a
diagnosis of chronic fatigue syndrome.
A.R. 20.
The record
doctor
wrote
under
ASSESSMENT
that
Bowers
ha[d]
virus exposure.
A.R. 557.
A.R. 491.
reported
chronic
fatigue
as
symptom,
and
that
Bowerss
diagnosis
did
not
materialize;
the
record
But
contains
no
would
have
determined
that
Bowers
suffers
from
CFS.
determinable
that
he
can
impairment.
demonstrate
In
an
other
impairment
words,
by
Bowers
offering
of
formal
diagnosis,
by
establishing
that
he
has
by
criteria
demonstrating
of
CFS,
he
recognized impairment.
that
has
he
has
manifested
established
that
he
the
diagnostic
suffers
from
virus
titer.
Based
upon
this
evidence,
Bowers
In
the
to
determine
whether
Bowerss
documented
SSR 99-2p
Instead,
the Ruling addresses how the ALJ should determine whether the
claimants
symptoms--measured
criteria--support
the
against
doctors
diagnosis.
established
medical
In
manner,
this
Moreover,
if
the
ALJs
role
were
(as
Bowers
suggests)
to
See,
(4th
Cir.
2001),
supports
our
holding
that
medical
In Mastro, we
claimant
who
had
been
diagnosed
with
CFS,
because
the
Id. at 17879.
were to hold that Bowers, who was never diagnosed with CFS, was
entitled
to
successful.
benefits,
given
the
plaintiff
in
Mastro
was
not
2014
WL
1371245,
at
*4
determination
that
Bowers
failed
to
establish
through
III.
For the foregoing reasons, the judgment of the district
court is
AFFIRMED.
10