Joseph-Jack v. Barnhart, 80 F. App'x 317 (5th Cir. 2003). · Go Syfert
Joseph-Jack v. Barnhart, 80 F. App'x 317 (5th Cir. 2003). Cases Citing This Book View Copy Cite
“we also reject joseph- jack's argument that because the record was devoid of assessment by a medical source, the alj was not competent to assess her rfc. it is the alj's responsibility to determine a claimant's rfc, and such an assessment is not a medical opinion.”
32 citation events (32 in the last 25 years) across 7 distinct courts.
Strongest positive: Karic v. Commissioner, Social Security Administration (txnd, 2024-05-14)
Treatment trajectory · 2020 → 2026 · click a year to view as-of
2020 2023 2026
Top citers, strongest first. 26 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Karic v. Commissioner, Social Security Administration (2×) also: Cited as authority (rule)
N.D. Tex. · 2024 · quote attribution · 1 verbatim quote · confidence high
we also reject joseph- jack's argument that because the record was devoid of assessment by a medical source, the alj was not competent to assess her rfc. it is the alj's responsibility to determine a claimant's rfc, and such an assessment is not a medical opinion.
cited Cited as authority (rule) Danny A. v. Commissioner, Social Security Administration
N.D. Tex. · 2026 · confidence medium
Tex. Feb. 21, 2023) (citing Ripley, 67 F.3d at 557 and Joseph-Jack v. Barnhart, 80 F. App’x 317, 318 (5th Cir. 2003) (per curiam)) (Rutherford, J.), adopted by 2023 WL 2531492 (N.D.
discussed Cited as authority (rule) Steven M. v. Commissioner of the Social Security Administration
N.D. Tex. · 2026 · confidence medium
“Even the absence of medical opinions does not necessarily render a record inadequate to support an ALJ’s RFC determination.” Id. at *5 (citing Ripley v. Chater, 67 F.3d 552, 557 (5th Cir. 1995) and Joseph-Jack v. Barnhart, 80 F. App’x 317, 318 (5th Cir. 2003) (per curiam)).
cited Cited as authority (rule) Cody R. Roberson v. Commissioner, Social Security Administration
E.D. Tex. · 2026 · confidence medium
Joseph-Jack v. Barnhart, 80 Fed.
cited Cited as authority (rule) Rodney H. v. Frank Bisignano, Acting Commissioner of Social Security
S.D. Tex. · 2026 · confidence medium
Tex. Mar. 15, 2023) (citing Ripley v. Chater, 67 F.3d 552, 557 (5th Cir. 1995) and Joseph-Jack v. Barnhart, 80 F. App’x 317, 318 (5th Cir. 2003) (per curiam))).
discussed Cited as authority (rule) Webb v. Commissioner of Social Security
W.D. Tex. · 2025 · confidence medium
To begin, “[i]t is the ALJ’s responsibility to determine a claimant’s RFC, and such an assessment is not a medical opinion.” Joseph-Jack v. Barnhart, 80 F. App’x 317, 318 (5th Cir. 2003) (emphasis added).
discussed Cited as authority (rule) Hernandez v. Commissioner of Social Security
W.D. Tex. · 2025 · signal: cf. · confidence medium
See Webster v. Kijakazi, 19 F.4th 715, 719 (5th Cir. 2021) (finding that, although ALJ did not adopt state agency report or accept testimony of a medical provider, this did not preclude finding that his decision was based on substantial evidence); cf. Joseph-Jack v. Barnhart, No. 03-30277, 80 F. App’x 317, 318 (5th Cir. 2003) (rejecting the argument that the ALJ was not competent to assess the RFC because the record did not contain an RFC assessment by a medical source).
cited Cited as authority (rule) McKinley v. Martin O'Malley, Social Security Commissioner
W.D. Tex. · 2025 · confidence medium
“It is the ALJ’s responsibility to determine a claimant’s RFC, and such an assessment is not a medical opinion.” Joseph-Jack v. Barnhart, 80 F. App’x 317, 318 (5th Cir. 2003).
discussed Cited as authority (rule) Gatson v. O'Malley, Commissioner of the Social Security Administration
N.D. Tex. · 2024 · confidence medium
See Webster v. Kijakazi, 19 F.4th 715, 719 (5th Cir. 2021) (finding that although the ALJ did not adopt the state agency report or accept the testimony of a medical provider, this did not preclude a finding that his decision was based on substantial evidence); Joseph-Jack v. Barnhart, No. 03-30277, 80 F. App’x 317, 318 (5th Cir. 2021) (rejecting the argument that the ALJ was not competent to assess the RFC because the record did not contain an RFC assessment by a medical source).
discussed Cited as authority (rule) Allen v. Commissioner, Social Security Administration
N.D. Tex. · 2024 · confidence medium
“Even the absence of medical opinions does not necessarily render a record inadequate to support an ALJ’s RFC determination.” Id. at *5 (citing Ripley v. Chater, 67 F.3d 552, 557 (5th Cir. 1995) and Joseph-Jack v. Barnhart, 80 F. App’x 317, 318 (5th Cir. 2003) (per curiam)).
cited Cited as authority (rule) West v. Commissioner of Social Security
E.D. Tex. · 2023 · confidence medium
Joseph-Jack v. Barnhart, 80 Fed.Appx. 317, 318 (5th Cir. 2003).
discussed Cited as authority (rule) Probst v. Kijakazi
W.D. Tex. · 2023 · confidence medium
What Taylor characterizes as the ALJ substituting his opinion is actually the ALJ properly interpreting the medical evidence to determine his capacity for work.” (citation omitted)); Joseph- Jack v. Barnhart, 80 F. App’x 317, 318 (5th Cir. 2003) (per curiam) (“It is the ALJ’s responsibility to determine a claimant’s RFC, and such an assessment is not a medical opinion.”); Martinez, 64 F.3d at 174 (holding that substantial evidence can consist of “(1) objective medical facts; (2) diagnoses and opinions of treating and examining physicians; (3) the claimant’s subjective evidence …
cited Cited as authority (rule) Garner v. Commissioner of Social Security
W.D. Tex. · 2023 · confidence medium
The ALJ’s RFC “is not a medical opinion.” Joseph-Jack v. Barnhart, 80 F. App’x 317, 318 (5th Cir. 2003).
cited Cited as authority (rule) Roden v. Commissioner of Social Security
S.D. Tex. · 2022 · confidence medium
The ALJ’s RFC “is not a medical opinion.” Joseph-Jack v. Barnhart, 80 F. App'x 317, 318 (5th Cir. 2003).
cited Cited as authority (rule) Adamek v. Commissioner of Social Security
E.D. Tex. · 2022 · confidence medium
Joseph-Jack v. Barnhart, 80 Fed.
discussed Cited as authority (rule) Whalen v. Kijakazi (2×)
N.D. Miss. · 2022 · confidence medium
In Joseph-Jack v. Barnhart, the court rejected the argument that there was no substantial evidence “because the record was devoid of a residual function capacity (RFC) assessment by a medical source.” Joseph-Jack v. Barnhart, 80 F. App'x 317, 318 (5th Cir. 2003).
discussed Cited as authority (rule) Myers v. Kijakazi
W.D. Tex. · 2021 · confidence medium
See also Gutierrez v. Barnhart, No. 04-11025, 2005 WL 1994289 , *at 7-8 (5th Cir. Aug. 19, 2005) (concluding there was substantial evidence to support the ALJ’s RFC determination, despite the absence of a medical opinion, where the ALJ considered the plaintiff’s own testimony about her daily capabilities, his observations of her during the hearing, and medical evidence that demonstrated improvement in certain conditions rather than further degeneration); Joseph-Jack v. Barnhart, 80 F. App’x 317, 318 (5th Cir. 2003) (“We also reject Joseph-Jack’s argument that because the record was d…
discussed Cited as authority (rule) Knight v. Social Security Administration
E.D. La. · 2021 · confidence medium
Joseph-Jack v. Barnhart, 80 F. App'x 317, 318 (5th Cir. 2003) (citing Shave v. Apfel, 238 F.3d 592, 594 (5th Cir.2001); Leggett v. Chater, 67 F.3d 558 , 563–64 (5th Cir.1995) (condoning the use of a VE to supply information about the claimant's past work)).
cited Cited "see" Harris v. Commissioner, Social Security Administration
N.D. Tex. · 2022 · signal: see · confidence high
See Joseph-Jack v. Barnhart, 80 F. App’x 317, 318 (5th Cir. 2003).
discussed Cited "see" Moore v. Saul (2×)
N.D. Miss. · 2022 · signal: see · confidence high
See Joseph-Jack v. Barnhart, 80 F. App’x 317 (5th Cir. 2003).
discussed Cited "see" Pittman v. Social Security Administration
E.D. La. · 2022 · signal: see · confidence high
Ripley v. Chater, 67 F.3d 552, 557 (5th Cir. 1995); see Joseph-Jack v. Barnhart, 80 F. App'x 317, 318 (5th Cir. 2003) (“We also reject Joseph–Jack's argument that because the record was devoid of a residual function capacity (RFC) assessment by a medical source, the ALJ was not competent to assess her RFC.
discussed Cited "see" McCamant v. Commissioner, SSA
E.D. Tex. · 2021 · signal: see · confidence high
See Joseph-Jack v. Barnhart, 80 F. App’x 317, 318 (5th Cir. 2003) (rejecting the “argument that because the record was devoid of a residual function capacity (RFC) assessment by a medical source, the ALJ was not competent to assess her RFC”); Fleming v. Saul, No. SA-19-CV-00701-ESC, 2020 WL 4601669 , at *7 (W.D.
discussed Cited "see" Myers v. Kijakazi
W.D. Tex. · 2021 · signal: see · confidence high
See id. 6 See also Joseph-Jack v. Barnhart, 80 F. App’x 317, 318 (5th Cir. 2003) (“We also reject Joseph– Jack’s argument that because the record was devoid of a residual function capacity (RFC) assessment by a medical source, the ALJ was not competent to assess her RFC.
discussed Cited "see, e.g." Abughaseeb v. Kijakazi, Acting Commissioner of the Social Security Administration
S.D. Tex. · 2025 · signal: see also · confidence medium
“While an ALJ’s assessment of a claimant’s credibility is accorded great deference,” it must be supported by “substantial evidence.” Id. (quoting Newton v. Apfel, 209 F.3d 448, 459 (5th Cir. 2000); see also Joseph-Jack v. Barnhart, 80 F. App’x 317, 318 (5th Cir. 2003) (upholding ALJ’s credibility findings when “linked to substantial evidence”).
discussed Cited "see, e.g." Adams v. O'Malley, Commissioner of the Social Security Administration
E.D. Tex. · 2025 · signal: see also · confidence medium
What [the plaintiff] characterizes as the ALJ substituting his opinion is actually the ALJ properly interpreting the medical evidence to determine his capacity for work.”); see also Joseph-Jack v. Barnhart, 80 F. App’x 317, 318 (5th Cir. 2003) (rejecting the plaintiff’s argument “because the record was devoid of a residual function capacity (RFC) assessment by a medical source, the ALJ was not competent to assess her RFC.
discussed Cited "see, e.g." Herrera v. Saul
W.D. Tex. · 2020 · signal: see also · confidence medium
See Ripley, 67 F.3d at 557; see also Joseph-Jack v. Barnhart, 80 F. App’x 317, 318 (Sth Cir. 2003) (“We also reject Joseph—Jack’s argument that because the record was devoid of a residual function capacity (RFC) assessment by a medical source, the ALJ was not competent to assess her RFC.
Retrieving the full opinion text from the archive…
Etta F. JOSEPH-JACK, Plaintiff-Appellant,
v.
Jo Anne B. BARNHART, Commissioner of Social Security, Defendant—Appellee
03-30277.
Court of Appeals for the Fifth Circuit.
Oct 22, 2003.
80 F. App'x 317
James Spruel, Jr., Law Offices of James Spruel Jr. & James E. Burks, Lake Charles, LA, for Plaintiff-Appellant., Kerry Jean Simpson, Social Security Administration, Office of General Counsel, Dallas, TX, for Defendant-Appellee.
Barksdale, Garza, Dennis.
Cited by 23 opinions  |  Unpublished
PER CURIAM: *

Etta F. Joseph-Jack appeals from the district court’s order affirming the Social Security Commissioner’s (the Commissioner’s) denial of Supplemental Security Income benefits. See 42 U.S.C. § 405(g). She argues that the administrative law judge (ALJ) erred in determining at Step[*318] Four of the sequential evaluation process that she could perform past relevant work.

Our review of the Commissioner’s decision is limited to determining whether substantial evidence in the record supports the decision and whether the Commissioner applied the proper legal standards. See Greenspan v. Shalala, 38 F.3d 232, 236 (5th Cir.1994).

We reject Joseph-Jack’s contention that the ALJ failed to consider her other alleged impairments in combination with her fibromyalgia in determining whether she had the residual functional capacity (RFC) to return to past relevant work. Our review of the record reveals that the ALJ indeed addressed these alleged impairments in determining her RFC.

We further reject Joseph-Jack’s contention that the ALJ was unfair and impartial; she has not demonstrated that she was deprived her right to a fair hearing. See Helena Labs. Corp. v. NLRB, 557 F.2d 1183, 1188-89 (5th Cir.1977).

We further hold that it was not error for the ALJ to use the orthopedic consultative examiner’s report in support of the disability determination and, moreover, that Joseph-Jack has shown no prejudice resulting from the fact that the consultative examination was not performed by a rheumatologist. See Brock v. Chater, 84 F.3d 726, 727 (5th Cir.1996).

Insofar as Joseph-Jack argues that the ALJ’s credibility assessment was not supported by the medical evidence, she points this court to no evidence in the record to support her contention. Moreover, her contention that the ALJ failed to link his credibility finding to substantial evidence is refuted by the record; the ALJ cited to the benign findings of the medical reports, the absence of hospitalizations or any other treatment for her alleged chronic pain, negative and/or inconclusive objective clinical studies, and physical exams which demonstrated no outward signs of limitations or strength deficits. The ALJ’s credibility determinations were indeed linked to substantial evidence. See Chambliss v. Massanari, 269 F.3d 520, 522 (5th Cir.2001).

We also reject Joseph-Jack’s argument that because the record was devoid of a residual function capacity (RFC) assessment by a medical source, the ALJ was not competent to assess her RFC. It is the ALJ’s responsibility to determine a claimant’s RFC, and such an assessment is not a medical opinion. See 20 C.F.R. §§ 416.946, 416.927(e).

Joseph-Jack’s argument that it was inappropriate for the ALJ to consider the opinion of a vocational expert (VE) at Step Four of the sequential evaluation process is also rejected; we have never held as such and have condoned the use of a VE to supply information about the claimant’s past work. See, e.g., Shave v. Apfel, 238 F.3d 592, 594 (5th Cir.2001); Leggett v. Chater, 67 F.3d 558, 563-64 (5th Cir.1995).

Finally, Joseph-Jack’s contention that the ALJ abdicated his fact finding and evaluating duties to the VE is wholly unsupported by the hearing testimony and the thoroughness of his written determination.

AFFIRMED.

*

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.