Castillo v. Barnhart, 151 F. App'x 334 (5th Cir. 2005). · Go Syfert
Castillo v. Barnhart, 151 F. App'x 334 (5th Cir. 2005). Cases Citing This Book View Copy Cite
59 citation events (59 in the last 25 years) across 9 distinct courts.
Strongest positive: Madden v. O'Malley (txsd, 2025-06-17)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Madden v. O'Malley
S.D. Tex. · 2025 · signal: accord · quote attribution · 1 verbatim quote · confidence high
we have specifically rejected the contention that, under watson, the alj must in every decision articulate a separate and explicit finding that a claimant can maintain a job on a sustained basis.
discussed Cited as authority (verbatim quote) Martinez v. O'Malley, Commissioner of the Social Security Administration
W.D. Tex. · 2025 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
that the alj did not specifically cite each and every piece of medical evidence considered does not establish an actual failure to consider the evidence.
discussed Cited as authority (verbatim quote) Venegas v. Commissioner of Social Security
W.D. Tex. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
that the alj did not specifically cite each and every piece of medical evidence considered does not establish an actual failure to consider the evidence.
discussed Cited as authority (verbatim quote) Venegas v. Commissioner of Social Security
W.D. Tex. · 2024 · quote attribution · 1 verbatim quote · confidence high
that the alj did not specifically cite each and every piece of medical evidence considered does not establish an actual failure to consider the evidence.
discussed Cited as authority (verbatim quote) Homberg v. Commissioner of Social Security
S.D. Tex. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
that the alj did not specifically cite each and every piece of medical evidence considered does not establish an actual failure to consider the evidence.
discussed Cited as authority (verbatim quote) Montez v. Commissioner of Social Security (2×) also: Cited "see"
W.D. Tex. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
that the alj did not specifically cite each and every piece of medical evidence considered does not establish an actual failure to consider the evidence.
discussed Cited as authority (verbatim quote) Singleton v. Kijakazi
S.D. Tex. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
that the alj did not specifically cite each and every piece of medical evidence considered does not establish an actual failure to consider the evidence.
discussed Cited as authority (verbatim quote) Rice v. Commissioner, Social Security Administration
N.D. Tex. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
he relevant regulations accord less weight to chiropractors than to medical doctors.
discussed Cited as authority (verbatim quote) Brown v. Berryhill
S.D. Tex. · 2020 · quote attribution · 1 verbatim quote · confidence high
that the alj did not specifically cite each and every piece of medical evidence considered does not establish an actual failure to consider the evidence.
discussed Cited as authority (verbatim quote) Parrish v. Berryhill
S.D. Tex. · 2017 · quote attribution · 1 verbatim quote · confidence high
that the alj did not specifically cite each and every piece of medical evidence considered does not establish an.actual failure to consider the evidence.
cited Cited as authority (rule) Michelle P. v. Commissioner, Social Security Administration
N.D. Tex. · 2026 · confidence medium
Tex. June 3, 2013) (citing Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005)).
discussed Cited as authority (rule) Ana B. Molina Gonzalez v. Frank Bisignano, Commissioner of Social Security Administration
W.D. Tex. · 2025 · confidence medium
And an ALJ’s failure to “specifically cite each and every piece of medical evidence considered does not establish an actual failure to consider the evidence.” Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005).
discussed Cited as authority (rule) Villegas v. Commissioner of Social Security
W.D. Tex. · 2025 · confidence medium
See Brunson v. Astrue, 387 F. App’x 459, 461 (5th Cir. 2010) (“The fact that the ALJ cited certain evidence that he felt supported his decision does not mean that he failed to consider all of the other evidence in the record.”); Castillo v. Barnhart, 151 Fed.
discussed Cited as authority (rule) Basham v. Commissioner, Social Security Administration
N.D. Tex. · 2025 · confidence medium
Tex. June 3, 2013) (citing Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005)); see also Falco v. Shalala, 27 F.3d 160, 164 (5th Cir. 1994) (“That [the ALJ] did not follow formalistic rules in her articulation compromises no aspect of fairness or accuracy that her process is designed to ensure.”).
cited Cited as authority (rule) Hasan v. Commissioner, Social Security Administration
N.D. Tex. · 2025 · confidence medium
Tex. June 3, 2013) (citing Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005)).
discussed Cited as authority (rule) Tatum v. Commissioner of Social Security
N.D. Miss. · 2025 · confidence medium
Castillo v. Barnhart, No. 05-50639, 151 F. App’x 334, 335-36 (5th Cir. 2005) (citing Frank v. Barnhart, 326 F.3d 618, 621 (5th Cir. 2003); see also Perez v. Barnhart, 415 F.3d 457, 465 (5th Cir. 2005).
cited Cited as authority (rule) Gisclair v. Social Security Administration
E.D. La. · 2025 · confidence medium
Bcea rcnohnasridtered does not establish an actual failure to consider the evidence.” (citing , 151 F. App’x 334, 335 (5th Cir. 2005)).
cited Cited as authority (rule) Gonzales v. Commissioner, Social Security Administration
N.D. Tex. · 2025 · confidence medium
Tex. June 3, 2013) (citing Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005)).
discussed Cited as authority (rule) Richard v. Social Security Administration
M.D. La. · 2025 · confidence medium
While the ALJ must consider all the evidence, he need not “specifically cite each and every piece of medical evidence considered” and the failure to do so “does not establish an actual failure to consider the evidence.” Castillo v. Barnhart, 151 F. App'x 334, 335 (5th Cir. 2005) (citing Falco v. Shalala, 27 F.3d 160, 163 (5th Cir. 1994)).
discussed Cited as authority (rule) Williams v. Social Security Administration (2×) also: Cited "see, e.g."
E.D. La. · 2025 · confidence medium
Tex. June 3, 2013) (citing Castillo v. Barnhart, 151 F. App'x 334, 335 (5th Cir. 2005)).
discussed Cited as authority (rule) Sumaray v. Commissioner of Social Security
N.D. Tex. · 2025 · confidence medium
Tex. June 3, 2013) (citing Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005)); see also Falco v. Shalala, 27 F.3d 160, 164 (5th Cir. 1994) (“That [the ALJ] did not follow formalistic rules in her articulation compromises no aspect of fairness or accuracy that her process is designed to ensure.”).
cited Cited as authority (rule) Murphy v. Commissioner of Social Security
N.D. Tex. · 2025 · confidence medium
Tex. June 3, 2013) (citing Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005)).
cited Cited as authority (rule) Miles v. Social Security Administration
E.D. La. · 2025 · confidence medium
Tex. June 3, 2013) (citing Castillo v. Barnhart, 151 F. App'x 334, 335 (5th Cir. 2005)).
cited Cited as authority (rule) Mims v. Commissioner of Social Security
N.D. Tex. · 2024 · confidence medium
Tex. June 3, 2013) (citing Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005)).
cited Cited as authority (rule) Arguello v. Commissioner of Social Security
N.D. Tex. · 2024 · confidence medium
Tex. June 3, 2013) (citing Castillo v. Barnhart, 151 F. App'x 334, 335 (5th Cir. 2005)).
cited Cited as authority (rule) Row v. Commissioner of the Social Security Administration
N.D. Tex. · 2024 · confidence medium
Tex. June 3, 2013) (citing Castillo v. Barnhart, 151 F. App'x 334, 335 (5th Cir. 2005)).
cited Cited as authority (rule) Fernandez v. Commissioner, Social Security Administration
N.D. Tex. · 2024 · confidence medium
Tex. June 3, 2013) (citing Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005)).
discussed Cited as authority (rule) Polk v. Kijakazi, Acting Commissioner of the Social Security Administration
S.D. Tex. · 2024 · confidence medium
See Dkt. 15 at 6; Castillo v. Barnhart, 151 F. App’x 334, 335-36 (5th Cir. 2005) (citing Frank v. Barnhart, 326 F.3d 618, 619 (5th Cir. 2003); Perez v. Barnhart, 415 F.3d 457, 465 (5th Cir. 2005)).
discussed Cited as authority (rule) Barnes v. Commissioner of Social Security
S.D. Miss. · 2024 · confidence medium
Other than Dr. Kalin’s opinion, Barnes offers no “evidence that [her] condition ‘waxes and wanes’ in frequency or intensity such that [her] ability to maintain employment was not adequately taken into account in [the RFC] determination.” Castillo v. Barnhart, 151 F. App’x 334, 336 (5th Cir. 2005) (quoting Perez, 415 F.3d at 466 ).
discussed Cited as authority (rule) Story v. Kijakazi
N.D. Miss. · 2023 · confidence medium
“That the ALJ did not specifically cite each and every piece of medical evidence considered does not establish an actual failure to consider the evidence.” Castillo v. Barnhart, 151 Fed.Appx. 334, 225 (5th Cir. 2005) (per curiam).
cited Cited as authority (rule) Rodriguez v. Commissioner, Social Security Administration
N.D. Tex. · 2023 · confidence medium
Castillo v. Barnhart, 151 F. App'x 334, 335-36 (5th Cir. 2005).
discussed Cited as authority (rule) Boyd v. Kijakazi
S.D. Tex. · 2023 · confidence medium
Moreover, while the ALJ must consider all the evidence, he need not “specifically cite each and every piece of medical evidence considered” and the failure to do so “does not establish an actual failure to consider the evidence.” Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005) (citing Falco v. Shalala, 27 F.8d 160, 163 (5th Cir. 1994)).
discussed Cited as authority (rule) Boykin v. Commissioner, SSA
E.D. Tex. · 2023 · confidence medium
However, “[t]hat the ALJ [does] not specifically cite each and every piece of medical evidence considered does not establish an actual failure to consider the evidence.” Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005) (per curiam) (citing Falco v. Shalala, 27 F.3d 160, 163 (5th Cir. 1994) (rejecting as unnecessary a rule requiring the ALJ to specifically articulate evidence that supported the decision and discuss evidence that was rejected)).
discussed Cited as authority (rule) Garza v. Commissioner, Social Security Administration
N.D. Tex. · 2023 · confidence medium
But “[t]hat [an] ALJ did not specifically cite each and every piece of medical evidence considered does not establish an actual failure to consider the evidence.” Castillo v. Barnhart, 151 F. App’x 334, 335 (Sth Cir. 2005).
discussed Cited as authority (rule) Stewart v. Commissioner of Social Security
E.D. Tex. · 2023 · confidence medium
“The ALJ is not required to discuss every piece of evidence in the record nor must the ALJ follow formalistic rules of articulation.” Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005)); see also Falco v. Shalala, 27 F.3d 160, 164 (5th Cir. 1994) (“That [the ALJ] did not follow formalistic rules in her articulation compromises no aspect of fairness or accuracy that her process is designed to ensure.”).
discussed Cited as authority (rule) Cook v. Kijakazi
S.D. Tex. · 2023 · confidence medium
Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005) (per curiam) (citing Falco v. Shalala, 27 F.3d 160, 163 (5th Cir. 1994), for the principle that ALJs need not articulate specific evidence that was weighed and rejected).
discussed Cited as authority (rule) Hunter v. Commissioner of Social Security
N.D. Tex. · 2022 · confidence medium
Tex. June 3, 2013) (citing Castillo v. 5 Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005)); see also Falco v. Shalala, 27 F.3d 160, 164 (5th Cir. 1994) (“That [the ALJ] did not follow formalistic rules in her articulation compromises no aspect of fairness or accuracy that her process is designed to ensure.”).
discussed Cited as authority (rule) Everett v. Andrew Saul
S.D. Tex. · 2022 · confidence medium
Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005) (per curiam) (citing Falco v. Shalala, 27 F.3d 160, 163 (5th Cir.1994), for the principle that ALJs need not articulate specific evidence that was weighed and rejected).
discussed Cited as authority (rule) Arbuckle v. Commissioner of Social Security
N.D. Miss. · 2021 · confidence medium
“That the ALJ did not specifically cite each and every piece of medical evidence considered does not establish an actual failure to consider the evidence.” Castillo v. Barnhart, 151 Fed.Appx. 334, 225 (5th Cir. 2005) (per curiam).
cited Cited as authority (rule) Gray v. Commissioner, Social Security Administration
N.D. Tex. · 2021 · confidence medium
Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005).
cited Cited as authority (rule) Woodrow v. Saul
S.D. Tex. · 2020 · confidence medium
However, the ALJ need not “articulate a separate and explicit finding that a claimant can maintain a job on a sustained basis.” Castillo v. Barnhart, 151 F. App’x 334, 335-36 (5th Cir. 2005).
cited Cited as authority (rule) Russell v. Commissioner, Social Security Administration
N.D. Tex. · 2020 · confidence medium
Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005).
cited Cited as authority (rule) Underwood v. Commissioner of Social Security
N.D. Tex. · 2020 · confidence medium
Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005).
discussed Cited as authority (rule) Raper v. Colvin
N.D. Tex. · 2017 · confidence medium
Tex. June 3, 2013) (citing Castillo v. Barnhart, 151 Fed.Appx. 334, 335 (5th Cir. 2005)); see also Falco v. Shalala, 27 F.3d 160, 164 (5th Cir. 1994) (“That [the ALJ] did not follow formalistic rules in her articulation compromises no aspect of fairness or accuracy that her process is designed to ensure”).
discussed Cited as authority (rule) Acosta v. Astrue (2×) also: Cited "see"
W.D. Tex. · 2012 · confidence medium
Moreover, Acosta presented no evidence to show that her intermittently recurring headaches prevented her from holding a job for long periods of time or that she “could work temporarily at a particular level of exertion but could not sustain work at that level.” See Castillo v. Barnhart, 151 Fed.Appx. 334, 336 (5th Cir.2005) (per curiam) (unpublished).
cited Cited as authority (rule) Quintanilla v. Astrue
S.D. Tex. · 2008 · confidence medium
Castillo v. Barnhart, 151 Fed.Appx. 334, 336 (5th Cir.2005) (per curiam) (unpublished) (quoting Dunbar v. Barnhart, 330 F.3d 670, 672 (5th Cir.2003)).
cited Cited "see" Fletcher v. Kijakazi Case remanded for further administrative proceedings.
S.D. Tex. · 2025 · signal: see · confidence high
See Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005) (per curiam) (an ALJ need not “specifically cite each and every piece of medical evidence”).
discussed Cited "see" Garrett v. Commissioner Of Social Security
S.D. Tex. · 2023 · signal: see · confidence high
See Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005) (“That the ALJ did not 11 Plaintiff did not include any hearing loss limitations in her function reports.
discussed Cited "see" Harris v. Commissioner of Social Security
S.D. Tex. · 2023 · signal: see · confidence high
See Castillo v. Barnhart, 151 F. App’x 334, 335 (5th Cir. 2005) (citing Falco v. Shalala, 27 F.3d 160, 163 (5th Cir. 1994)); Bordelon v. Shalala, No. 94-30377, 1994 WL 684574, at *1 (5th Cir. Nov. 15, 1994).
discussed Cited "see" Hillsman v. Commissioner of Social Security
S.D. Tex. · 2022 · signal: see · confidence high
See Castillo v. Barnhart, 151 F. App'x 334, 335 (5th Cir. 2005) (citing Falco v. Shalala, 27 F.3d 160, 163 (5th Cir. 1994)); Bordelon v. Shalala, No. 94-30377, 1994 WL 684574, at *1 (5th Cir. Nov. 15, 1994).
Retrieving the full opinion text from the archive…
Pedro CASTILLO, Plaintiff-Appellant,
v.
Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee
05-50639.
Court of Appeals for the Fifth Circuit.
Oct 20, 2005.
151 F. App'x 334
Mary Ellen Felps, Austin, TX, for Plaintiff-Appellant., James William Jennings, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, Roberta Gene Bowie, Social Security Administration, Office of General Counsel, Dallas, TX, for Defendant-Appellee.
Reavley, Higginbotham, Clement.
Cited by 54 opinions  |  Unpublished
PER CURIAM: *

Reviewing under the same standard as the district court, we affirm the ALJ’s final[*335] decision denying Mr. Castillo’s claim for disability insurance benefits under sections 216(i) and 223 of Title II of the Social Security Act, (42 U.S.C. § 401 et seq.) for the following reasons:

1. We find there is substantial evidence of record supporting the ALJ’s determination that Mr. Castillo is not disabled within the meaning of the Act. No treating, examining, or evaluating physician has indicated that Mr. Castillo was unable or is expected to be unable to work for twelve consecutive months.
2. We further find that the ALJ’s decision comports with the legal standards for disability determination set forth by this Court under the Act and relevant regulations, including our opinion in Watson v. Barnhart, 288 F.3d 212 (5th Cir.2002).
3. We find the ALJ properly considered the disabling effect of each of Mr. Castillo’s raised impairments as well as the combined effect of such impairments in reaching a disability determination. Fraga v. Bowen, 810 F.2d 1296, 1305 (5th Cir.1987). That the ALJ did not specifically cite each and every piece of medical evidence considered does not establish an actual failure to consider the evidence. See Falco v. Shalala, 27 F.3d 160, 163 (5th Cir.1994) (rejecting as unnecessary rule requiring ALJ to specifically articulate evidence that supported decision and discuss evidence that was rejected).
The ALJ’s decision indicates that he properly considered, referenced, and balanced the psychological evaluations of Mr. Castillo, including the opinions of Drs. Aitcheson and Dubin. The ALJ did not err by giving little weight to the opinion of chiropractor Dr. Steve Minors, regarding Mr. Castillo’s mental and emotional condition. Chiropractors are not mental health specialists and the relevant regulations accord less weight to chiropractors than to medical doctors. 20 C.F.R. § 404.1513(d)(1), 404.1527(d)(5); Griego v. Sullivan, 940 F.2d 942, 945 (5th Cir.1991) Further, there is no evidence in the record to suggest that Mr. Castillo’s moderate depression and anxiety have in the past, or should be expected in the future, to interfere with his ability to work.
4. The ALJ’s decision reflects that he properly considered the credibility of Mr. Castillo’s testimony. The ALJ discounted Mr. Castillo’s complaints based on evidence that he takes only over-the-counter pain medications, does not attend ongoing routine medical visits, has not required recent physical therapy, has been treated conservatively, and is able to independently care for himself and perform household chores and repairs. The ALJ additionally notes that examinations have revealed no neurological defect and that Mr. Castillo has been released to work by more than one doctor on more than one occasion. The ALJ reasonably concluded that the medical evidence and other evidence as a whole does not indicate that Mr. Castillo’s ability to perform basic work activities is as limited as he asserts.
5. We have specifically rejected the contention that, under Watson, the ALJ must in every decision articulate a separate and explicit finding that a claimant can maintain a job on a sustained basis. Frank v. Barnhart, 326 F.3d 618, 619 (5th[*336] Cir.2003); Perez v. Barnhart, 415 F.3d 457, 465 (5th Cir.2005). Usually, the issue of whether a claimant can maintain employment for a significant period of time will be subsumed in the analysis regarding the claimant’s ability to obtain employment. Frank at 619. Watson requires a situation in which, by its nature, the claimant’s physical ailment waxes and wanes in its manifestation of disabling symptoms. Id. “Absent evidence that a claimant’s ability to maintain employment would be compromised despite his ability to perform employment as an initial matter, or an indication that the ALJ did not appreciate that an ability to perform work on a regular and continuing basis is inherent in the definition of RFC [residual functional capacity],” a separate finding regarding an ability to maintain employment is not required. Dunbar v. Barnhart, 330 F.3d 670, 672 (5th Cir.2003).

Mr. Castillo has not presented any evidence indicating that he could work temporarily at a particular level of exertion but could not sustain work at that level. Nor has he offered any evidence that his condition “waxes and wanes” in frequency or intensity such that his ability to maintain employment was not adequately taken into account in his residual functional capacity determination. Perez at 466.

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[*335] the limited circumstances set forth in 5th Cir. R. 47.5.4.