Abadie v. Social Sec Admin, et al

*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not be published and is not precedent except under the limited circumstances set forth in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.
1
United States Court of Appeals
Fifth Circuit
F I L E D
September 13, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
______________________
No. 06-30121
Summary Calendar
______________________
RAYMOND ABADIE,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART,
Commissioner of Social Security,
Defendant-Appellee.
________________________________________________________
Appeal from the United States District Court for
the Eastern District of Louisiana
(USDC No. 2:02-CV-2888-ILRL)
________________________________________________________
Before REAVLEY, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Raymond Abadie appeals the district court’s decision affirming the Commissioner’s

-- 1 of 2 --

2
denial of social security disability benefits. Reviewing the record under the same standard
as the district court, we vacate and remand to the Administrative Law Judge (“ALJ”).
The ALJ’s decision does not reflect any consideration of the December 11, 2003
opinion letter of Dr. Razza, a treating specialist. The ALJ was not required to accept Dr.
Razza’s opinions, but was required to consider them, and if he chose to reject them, to
explain what conflicting evidence informed his choice and conduct the analysis required by
Newton v. Apfel, 209 F.3d 448, 453 (5th Cir. 2000) and 20 C.F.R. § 404.1527(d)(2). Beasley
v. Barnhart, No. 04-10890, 2006 WL 2062101, at *4 (5th Cir. July 25, 2006). The ALJ
failed to do so.
VACATED and REMANDED.

-- 2 of 2 --