from the United States District Court for the Southern
District of Texas
HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
PETITION FOR REHEARING
ORDERED that the petition for rehearing is DENIED.
petition for panel rehearing helpfully calls attention to
factual errors in the opinion. We correct them by
substituting the following opinion:
* * *
Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
JERRY E. SMITH, CIRCUIT JUDGE
Garcia appeals the district court's decision to deny
disability benefits he sought from the Social Security
Administration ("SSA"). Because the decision is
supported by substantial evidence, we affirm.
January 2012, Garcia applied for disability insurance
benefits under 42 U.S.C. § 423 as of January 1, 2007,
based on hearing loss and post-traumatic stress disorder
("PTSD") allegedly induced by his service in
Vietnam. The SSA denied his application initially and on
reconsideration, so he sought a de novo hearing
before an ALJ. After considering Garcia's work and
medical history, the ALJ likewise denied the application.
record before the ALJ revealed that since leaving the
service, Garcia had earned consistent, and at times
substantial, income through 2005. Between 1997 and 1999, he
was a dispatcher at a produce company, where he was
responsible for traffic control and oversaw the work of four
other employees. In 2000, he started his own produce
brokerage business and managed several employees. He has not
worked since December 2005.
point between 2005 and 2007, Garcia sought treatment from a
doctor for "dizzy spells" and was advised that he
should file for disability with the Veteran's
Administration ("VA"). He applied in August 2009
and was subject to a psychological evaluation by Dr. Paul
Hamilton one year later as part of the VA's
evaluation. Hamilton found that Garcia possessed
powers of comprehension, judgment, communication, and
abstract thinking, all within a normal range, but that his
"impaired attention" and abnormal speech patterns
left "little opportunity for normal" conversation.
Hamilton also concluded that ...