Home   Federal Cases   State Cases   News   Search   Cart   Log In 
 
Search 591,343 Cases and Articles on TJV!
 
Federal Case Categories







Applicant Contests Denial of Social Security Disability

Wilson v. Astrue, Case No. 08-3325 (C.A. 10, Feb. 17, 2010)

Plaintiff-appellant Polly A. Wilson appeals from an order of the district court affirming the Commissioner’s decision denying her applications for Social Security disability and for Supplemental Security Income benefits (SSI). Ms. Wilson alleged an disability onset date of June 26, 1998. Her date last insured was December 31, 2002; thus she had the burden of proving that she was totally disabled on that date or before. See Henrie v. U.S. Dep’t of Health & Human Servs., 13 F.3d 359, 360 (10th Cir. 1993) (holding the claimant “must prove she was totally disabled prior to [the date her insured status expired]”). The agency denied her applications initially and on reconsideration.

On August 16, 2005, Ms. Wilson received a de novo hearing before an administrative law judge (ALJ). The Commissioner follows a five-step sequential evaluation process to determine whether a claimant is disabled. See Williams v. Bowen, 844 F.2d 748, 750 (10th Cir. 1988).

Step one requires the claimant to demonstrate that he is not presently engaged in substantial gainful activity. At step two, the claimant must show that he has a medically severe impairment or combination of impairments. At step three, if a claimant can show that the impairment is equivalent to a listed impairment, he is presumed to be disabled and entitled to benefits. If a claimant cannot meet a listing at step three, he continues to step four, which requires the claimant to show that the impairment or combination of impairments prevents him from performing his past work.


If the claimant successfully meets this burden, the burden of proof shifts to the Commissioner at step five to show that the claimant retains sufficient RFC [residual functional capacity] to perform work in the national economy, given her age, education, and work experience. If a determination can be made at any of the steps that a claimant is or is not disabled, evaluation under a subsequent step is not necessary.


Lax v. Astrue, 489 F.3d 1080, 1084 (10th Cir. 2007) (quotation marks and citations omitted; brackets in original).

In his October 12, 2005, decision, the ALJ determined that Ms. Wilson was not presently engaged in substantial gainful activity and that she did have a medically severe combination of impairments, including the following severe impairments: degenerative disc disease of the cervical and lumbar spine, mitral valve prolapse, history of carpal tunnel, depression, personality disorder, somatoform disorder, and methamphetamine abuse. Admin. R., Vol. I at 22. At step three, the ALJ determined that Ms. Wilson’s combination of impairments did not meet or equal a listed impairment. The ALJ determined that she retained the RFC to perform a range of light activities and was physically “limited to lifting or carrying 10 pounds frequently and 20 pounds occasionally, sitting about 6 hours in an 8 hour work day, and standing or walking about 6 hours in an 8 hour work day.” Id. at 23. The ALJ also determined that Ms. Wilson’s mental limitations “include moderate limitations in the ability to understand, remember, and carry out detailed instructions; maintain attention and concentration for extended periods; interact appropriately with the general public; and get along with coworkers or peers without distracting them or exhibiting behavioral extremes.” Id. With this RFC, the ALJ found that Ms. Wilson could return to her past relevant work as a phlebotomist, and that even if she could not return to her past relevant work, there were a significant number of other jobs which she could perform in the national or regional economy. The ALJ therefore held that Ms. Wilson had not been under a disability from the alleged date of onset to the date of the ALJ’s decision. The Appeals Council denied review, making the ALJ’s decision the Commissioner’s final decision.
 

 

Jurisdiction: U.S. Court of Appeals, Tenth Circuit
Related Categories: Civil Procedure
 
Circuit Court Judge(s)
Wade Brorby
Harris Hartz
Robert Henry

 
Appellant Lawyer(s) Appellant Law Firm(s)
David H.M. Gray

 
Appellee Lawyer(s) Appellee Law Firm(s)
Anne Mackland Social Security Administration
Geraldine Umphenou Social Security Administration

 

CUSTOM EMAIL ALERTS!

With your FREE registration, you can select an unlimited number of Alert categories for daily, weekly or monthly deliveries of the Federal and State Cases most relevant
to you!

Click Here to sign up.

 



Click the maroon box above for a formatted PDF of the decision.
week before the hearing before the alj, "greatly increase" the understanding of despite the additional diagnosis, high plains did not reduce its rating of primary care physician at the time, wrote: 859 f.2d 255, 261 (2d cir. 1988) ("failure to make credibility credibility" and that "[a]n evaluation of her pain and her credibility without examination found "minimal limitations," id. at 19, or "no significant after examining the briefs and appellate record, this panel has determined impairment is equivalent to a listed impairment, he is presumed to be plaintiff-appellant. proof shifts to the commissioner at step five to show that the records in the administrative record run from october 2003 through january 2004. areas of impulse control, work behavior, interpersonal relationships, and affirmatively linked to substantial evidence and not just a conclusion v. califano, 599 f.2d 597, 599 (4th cir. 1979)) (alteration in original). here, it is other side effects. she is apparently arguing that, although she did not develop disability opinion during the agency proceedings. from her non-credible testimony. we must therefore look at the specific assessment also specifically discussed the limitations contained in dr. smith's id., vol. ii at 538. ms. wilson does not argue the fact that dr. bauer was ms. wilson argues, however, that the therapy with ms. young that occurred that they were grounded in the evidence in the case records." admin. r., vol. i at tenth circuit degree of the claimant's functional limitation based on the extent to united states court of appeals have multiple abdominal operations for pain, intestinal obstruction, medically determinable physical or mental impairment which . . . can be expected from the decision, taken as a whole, that the alj was aware that a claimant's pain "the levels of medication and their effectiveness, the extensiveness of general negative credibility determination. factual findings are supported by substantial evidence in the record and whether although the district court did not base its denial on failure to show good to last for a continuous period of not less than 12 months.'" wall v. astrue, that the various doctors often qualified their diagnoses with the word "believe" united states court of appeals noted that they had been seeing ms. wilson for several months and had not made or, more likely, the alj included the reference to the negative neurological prescription strength pain relief medication despite her claims of disabling pain. statement that she "advised the claimant that without any objective abnormalities in her second point, ms. wilson claims that the alj also failed to properly hands but also testified that she, at one point, wrote a county attorney a 2003, prior to the diagnosis of psychotic disorder.1 evidence is material if "`the secretary's decision might reasonably have self-image." id. at 379. there is nothing to show that the alj failed to properly further infra, was a factor the alj considered in assessing credibility. it is clear here the alj found that ms. wilson's "medically determinable engaged in substantial gainful activity. at step two, the claimant 5 bowen, 844 f.2d 748, 750 (10th cir. 1988). march 2001 in connection with the malpractice claim based on iv. committed to find a person to see her as i think probably most of the benefits. she demands to know why she has pain. . . . she does not may be considered disabling despite the absence of neurological testing substantive question was whether the pain that was not susceptible to (ssa) is authorized to pay disability insurance benefits and in the guise of findings." huston [v. bowen], 838 f.2d [1125,] 1133 dr. mcvey's statement in its entirety simply because the diagnosis was so short. carrying 10 pounds frequently and 20 pounds occasionally, sitting about 6 hours so. those findings were supported by substantial evidence in that the alj effectively, and on a sustained basis. previously, to record his as we read ms. wilson's briefs, however, her argument is not so much that she argues that "[t]here were at least two psychiatric disorders that affect [her] showed various discrepancies regarding ms. wilson's substance abuse. her under the social security act, the social security administration 561 f.3d at 1067 ("the alj is not required to discuss every piece of evidence.") discomfort by ms. wilson and no appearance of pain when she left the hearing. psychiatric review technique form (prt form) that tracked the adequately explored." hawkins v. chater, 113 f.3d 1162, 1167 (10th cir. 1997). that a claimant is or is not disabled, evaluation under a subsequent circuit judge. on appeal, ms. wilson raises five points of error: (1) the alj failed to performed by dr. susan harper at high plains on december 18, 2003; january 13, (10th cir. 2003) (holding that "with respect to a matter committed to the district first, although dr. franz initially completed the prt forms and the mental step is not necessary. wanted to obtain disability benefits was that she wanted to be able to spend time i believe that this patient has myofascial pain syndrome. "credibility determinations are peculiarly the province of the the gaf is a subjective rating on a scale of 1 to 100 of "the clinician's ms. wilson regained sobriety in august 2005, why was that breakthrough not testimony with objective medical evidence." tenth circuit issues."). as ms. wilson failed to show why she could not have obtained and 2001 in connection with the malpractice suit, these are given little or consider these records in issuing his decision. there is obviously no requirement entered for the court, properly consider her psychotic disorder in determining her rfc; (2) the alj even those that are not severe[.]" 20 c.f.r. §§ 404.1545(e), 416.945(e); see also still required to give consideration to the disorder because, in determining rfc, at step three, he continues to step four, which requires the claimant to 2 condition very similar to fibromyalgia and fibrositis"). by her psychotic disorder that should have been included in the rfc. she instead disorder diagnosis, he did take that disorder diagnosis into account. he simply care for herself, her home and her children." admin. r., vol. i at 21. ms. wilson her case to the agency for consideration of new and material evidence under that it would have been an abuse of discretion for the district court to have motion to the district court to supplement her brief to add two exhibits and to i. rfc generally agreed with the findings of a later physical rfc assessment impairments: degenerative disc disease of the cervical and lumbar spine, mitral residual functional capacity." id. (emphasis added). second, in specifically must consider (1) whether claimant established a pain-producing -7- longer than thirty minutes or standing no longer than thirty minutes, a claim statement. ms. wilson had a loose grip on reality are unrelated to the negative credibility ii. a mental rfc assessment that was completed prior to ms. wilson's psychotic that seeking benefits does not lead to an adverse credibility finding; people who 4 symptoms requiring future operations, she still experienced chronic adhesions that decision. the district court granted the motion and considered the documents, but failure to discuss certain evidence concerning the symptoms of her disorder. therefore ordered submitted without oral argument. it is possible that ms. wilson is arguing that her mental impairments in at that time, according to ms. wilson's hearing testimony, she had not used drugs ms. wilson had minimal limitations, the doctor performing the physical rfc of impairments. at step three, if a claimant can show that the rfc to perform a range of light activities and was physically "limited to lifting or she will demand social security benefits. she wants to see a doctor when considering mental impairments, the alj must properly apply the rendered.'" cagle v. califano, 638 f.2d 219, 221 (10th cir. 1981) (quoting king -5- barnhart v. thomas, 540 u.s. 20, 21-22 (2003) (quoting 42 u.s.c. opinion that ms. wilson was disabled by her mental limitations during the determined that the diagnosis did not affect ms. wilson's level of functionality. cognitive deficits that is of a longstanding nature and has led to problems in the ms. wilson alleged an disability onset date of june 26, 1998. her date last perform in the national or regional economy. the alj therefore held that of social security administration, here the alj applied the special technique and rated ms. wilson's -8- that the alj reference everything in the administrative record. see wall, agreed with the findings of the agency medical consultants, including the (...continued) ("while the diagnoses of chronic fatigue syndrome and fibromyalgia may not lend polly a. wilson, -15- first argument is that the alj failed to properly consider her psychotic disorder in brorby, senior circuit judge. this was not, however, the only evidence relied upon by the alj. he also dr. baig diagnosed ms. wilson with a cervical strain and myofascial pain admin. r., vol. i at 24 (citations omitted). ms. wilson argues that revision 4th ed. 2000) at 32. a gaf score of 51-60 indicates "moderate at m-323 (1995 ed.), in determining that "[m]yofascial syndrome describes a considered myofascial pain syndrome a "possibility." we see no error with this possibility that psychological disorders combine with physical problems" when he defined as `irritation of the muscles and fasciae (membranes) of the back and after another visit, dr. smith decided to have dr. mizra baig examine general public; and get along with coworkers or peers without distracting them or ms. wilson complained of severe pain in her back and neck, which sometimes neurological testing. this is pure speculation. the alj might have referenced "[p]sychological factors contributing to perception of pain," id. at 640. the fact etc. these adhesions and the resulting pain have caused her been sober for a year before her late 2003-through-early 2004 round of treatment before the commissioner of social security, but only upon a showing hearing, the alj should ordinarily be entitled to rely on the claimant's counsel to ms. wilson's level of functioning. filings as well as relating it to various clinicians. this provides another motive this appeal. see fed. r. app. p. 34(a)(2); 10th cir. r. 34.1(g). the case is clerk of court "[a]lthough they did not examine the claimant, they provided specific reasons for -18- ability to do work-related activities." id. at 23. he explicitly noted that it is clear that ms. wilson was seeking disability benefits. but it is obvious responsible for the second, may 2003 work release. that physical rfc assessment relied heavily on the findings of a consultative physical examination the only reason given for a failure to obtain and present such evidence sooner was (...continued) vol. i at 423-24. on august 4, 2003, another therapist included, as part of an other witnesses, and the consistency or compatibility of nonmedical performed on december 2, 2003, by dr. smith, the same hays doctor who was a subjective pain complaint. court's discretion, we cannot invoke an alternative basis to affirm unless we can (d.c. no. 6:07-cv-01147-jtm) the alj found that (continued...) impairment that would cause such disabling pain. he also relied on evidence deception concerning her drug use and other topics. the alj's decision points ms. young, she had been treating ms. wilson for almost three years at that point. evaluation process to determine whether a claimant is disabled. see williams v. reasons for questioning the claimant's credibility" where subjective included the following mental limitations in the rfc: "moderate limitations in the agency process and is not allowed. see bradley v. califano, 573 f.2d 28, 30 disabled and entitled to benefits. if a claimant cannot meet a listing out detailed instructions; maintain attention and concentration for extended national economy." "[ms. wilson] is on a quest for disability, social security and now hud measurement by objective medical tests was disabling. as noted above, the alj testing to provide another example of ms. wilson expressing to a clinician her was also diagnosed with the somatoform disorder characterized by relevant work as a phlebotomist, and that even if she could not return to her past cause, that does not prevent this court from doing so if we conclude, as we do, (quotation omitted). we review the district court's denial of ms. wilson's motion of medical contacts, the nature of daily activities, subjective -9- to find the psychotic disorder a severe mental impairment at step two, and his date of the alj's decision. the appeals council denied review, making the being "essentially normal for the most part." id., vol. ii at 579. they decided to impairments could reasonably be expected to produce some of the alleged 20 c.f.r. § 404.1520a, and considered the psychotic disorder diagnosis in doing which the claimants mental impairment(s) interferes with the 2003, by cathy shaffer, a therapist for high plains mental health center (high fifteen-page letter. likewise, she testified that she was limited to sitting no findings regarding . . . critical testimony fatally undermines the (d.c. no. 6:07-cv-01147-jtm) dr. smith's earlier work release "appear[ed] to be based on [ms. wilson's] show that the impairment or combination of impairments prevents support this implicit assertion, and she barely mentioned her malpractice suit in boardman v. prudential ins. co. of am., 337 f.3d 9, 17 n.5 (1st cir. 2003) few periods in time discussed in the record where an argument might be made that findings made by the alj. further, she was clearly lucid at the hearing before the -12- exhibiting behavioral extremes." id. at 23. despite the fact that the alj tracked 23. thus, it is clear that the alj did not ignore the earlier work releases. time of laparoscopy, this patient will have symptoms of abdominal since april 2001 and did not relapse until december 2004. although the alj i understand that she is filing for social security disability. i did lax v. astrue, 489 f.3d 1080, 1084 (10th cir. 2007) (quotation marks and "`myofascial syndrome,' also known as `myofascial pain syndrome' is reconsideration in that, immediately after expressing his agreement with the statements were not confined to her complaints of pain. "dr. mcvey noted possible myofascial pain syndrome and advised the claimant to "to whom it may concern," and the statement, drafted by ms. wilson's maintaining social functioning, moderate difficulties in maintaining concentration, assistant united states attorney, kristi a. schmidt, chief counsel, region vii, on july 30, 2003, dr. victor eddy, who was evidently ms. wilson's alj, the motivation of and relationship between the claimant and association, diagnostic and statistical manual of mental disorders (text 561 f.3d 1048, 1051 (10th cir. 2009) (quoting 20 c.f.r. § 416.905(a)) (ellipsis in before henry, chief judge, brorby, senior circuit judge, and hartz, of social security administration, ms. wilson's claims of disabling pain. ms. wilson argues that the alj failed to -25- human servs., 985 f.2d 1045, 1047 (10th cir. 1993). substantial evidence is attorneys' dictionary of medicine m-323 (1978)). ms. wilson's functional limitations as greater than moderate. §§ 404.1520a and the listing of impairments and document the filed "provided specific reasons for their opinions about the claimant's [rfc] showing day." id. at 23. the alj also determined that ms. wilson's mental limitations october 13, 2003, ms. wilson underwent a neuromuscular examination by credible. even the briefest review of the record reveals a number of instances of opinions given by care-givers at high plains in 1999 and 2003. on august 25, determination ignored the physical limitations set forth in two work releases given ms. wilson had not been under a disability from the alleged date of onset to the sentence six of 42 u.s.c. § 405(g). on january 21, 2008, ms. wilson submitted a social security for disability." id., vol. i at 20. and limiting effects of these symptoms are not entirely credible." admin. r., and to ms. young's subsequent disability conclusion. consequently, we must evidence. reconsideration after the psychotic disorder diagnosis, and noted that, according disability. §§ 423(d)(2)(a), 1382c(a)(3)(b)). "under the social security act, a claimant is 10 f.3d 739, 744 (10th cir. 1993) ("at this point there is no `dipstick' laboratory wrote: ms. wilson had a severe combination of mental impairments, concluding that 1 for additional abdominal surgeries limiting work." we disagree. dr. atkinson periods; interact appropriately with the general public; and get along with support a conclusion." fowler v. bowen, 876 f.2d 1451, 1453 (10th cir. 1989) kepler v. chater, 68 f.3d 387, 391 (10th cir. 1995). subjective allegations of pain; and (3) if so, whether, considering all s.s.r. 96-8p, 1996 wl 374184, at *5. functional limitations by essentially following the conclusions of dr. charles 3 (3) the alj erroneously evaluated her credibility; (4) the alj improperly ms. wilson complains that the alj erred in stating that dr. mcvey if the claimant successfully meets this burden, the burden of may 2003 release, but suggested that those limitations were not supported by the -6- ms. wilson, because of her claim of severe neck pain, "for an opinion to see if it shares a number of features."); sisco v. u.s. dep't of health & human servs., following: "there is a pervasive pattern of interpersonal deficits characterized by objectively showing a reason for such pain. thus, we must turn to ms. wilson's been different had the [new] evidence been before him when his decision was in an 8 hour work day, and standing or walking about 6 hours in an 8 hour work finder of fact, and we will not upset such determinations when earlier period of abstinence evidently did not? the last high plains' medical * other words, it is clear that although high plains adjusted ms. wilson's diagnosis -24- disability"). at least arguable that the exhibits are material as, in both, ms. young gives her diagnose and treat, and the diagnoses themselves are often overlapping. see analysis by the alj: neurological examination or on the electrodiagnostic studies, she relevant work, there were a significant number of other jobs which she could v. that she at times behaved as if she had no disabling pain, and that her non-credible [(10th cir. 1988)] (footnote omitted); see also marbury v. sullivan, -17- id. at 20. in prevents a claimant from working, the alj must follow the for the district of kansas credibility argument. impulsivity, poor judgement, many failed romantic relationships, three children by failing to remand the case to the agency for consideration of new and material were not, the alj did not rely merely on the absence of a testable physical radiated to pain in other areas, multiple clinical tests were unable to find a rfc assessment, both the forms and the assessment were reconsidered and "[gave] her a note that she can release to who[]ever she wishes, which states that argues that the decision shows the alj ignored her psychotic disorder. she question is whether the limitations are so great that ms. wilson is permanently themselves to analysis by objective medical tests are notoriously difficult to submitted on the briefs:* publish -16- interested in obtaining disability benefits than in trying to find work she could do, elisabeth a. shumaker, clerk -27- disabled if she is unable to do `any substantial gainful activity by reason of any the agency denied her applications initially and on reconsideration. their opinions about the claimant's residual functional capacity showing that they disorder to be severe at step two of the sequential evaluation. but the alj was physicians in [town] have told her to get her act together, get her life in her third point, ms. wilson claims the alj erred in evaluating her 2 the district court in the first instance would seriously undermine the regularity of supplementing that letter dated january 15, 2008, both by ann young, a therapist 492, 500 (7th cir. 1991) (stating that § 405(g) "require[s] good cause for a failure evaluated several treating source opinions; and (5) the district court erred by relevant time period. next, while the exhibits themselves are technically new, in -3- tenth circuit that led to the psychotic disorder diagnosis, he made the findings required by stated that she was able to drive, shop, and handle finances; that gardening was a the correct legal standards were applied. see andrade v. sec'y of health & the ability to understand, remember, and carry out detailed instructions; maintain the judgment of the district court is affirmed. "claimant has no restrictions in daily activities, moderate difficulties in adhesions requiring multiple future operations for pain, intestinal obstruction, and further, ms. wilson testified at the hearing that one of the reasons she person qualifies as disabled, and thereby eligible for such benefits, ms. wilson's mental condition during the period of alleged disability, when her themselves to objective clinical findings, the physical limitations imposed by the vol. i at 23. ms. wilson argues that the alj gave no consideration to "the level of pain was greater due to these untestable conditions, the question still releases contained more significant restrictions than did the eventual rfc before henry, chief judge, brorby, senior circuit judge, and hartz, find any good organic reason for her pain and thought it was mostly myofascial." credible, we disagree. that it can be completely disabling."); sarchet v. chater, 78 f.3d 305, 306 pain was not credible was supported by substantial evidence. procedure for evaluating mental impairments set forth in 20 c.f.r. symptoms of such illnesses do lend themselves to objective analysis."); estok v. elusive and mysterious, disease, much like chronic fatigue syndrome, with which desire to obtain social security disability benefits, which, as will be discussed michael j. astrue, commissioner 957 f.2d 837, 839 (11th cir. 1992) (alj "must articulate specific one doctor was more than skeptical about her disability claim,5 incorrect in 2001 when he predicted that she would experience chronic abdominal cannot, considering his age, education, and work experience, engage inconsistent with the stated limitation that she was not allowed to drive for longer step three, the alj determined that ms. wilson's combination of impairments did adhesions. united states court of appeals such severity that he is not only unable to do his previous work but there is any other treatment that may be of benefit including surgery." id. at 576. because of suspected drug use in october 2002, that would still mean that she had simply reflects the fact that complaints of severe pain that do not readily lend council denied review at the end of march 2007. although the letter, addressed in determining ms. wilson's rfc, the alj tracked the findings in time with chronic fatigue syndrome. id. dr. smith last saw ms. wilson on syndrome. she then returned to dr. smith who noted that "dr. baig . . . could not pain testimony is critical); williams [ex rel.] williams v. bowen, hays for some time for complaints of back, neck, shoulder, and arm pain. on "the framework for the proper analysis of claimant's evidence of human servs., 13 f.3d 359, 360 (10th cir. 1993) (holding the claimant "must misrepresentations as to the use of alcohol and exactly when she quit taking drugs prior proceeding. ms. wilson first discusses her psychotic disorder. to the extent showing that some of ms. wilson's treating physicians thought she was more pain is set out in luna v. bowen, 834 f.2d 161 (10th cir. 1987). we -14- specifically discussing those disorders as they relate to her pain and credibility is probably not receive approval from social security for disability," admin. r., -19- her testimony before the alj and made no reference to any chronic abdominal any gainful employment. dr. april mcvey. dr. mcvey's impression following the examination was: determining her rfc. her psychotic disorder was first diagnosed on october 27, united states court of appeals multiple musculoskeletal complaints including myofascial pain." id. at 570. admin. r., vol. ii at 603. on november 19, 2003, dr. eddy wrote: however, "[f]indings as to credibility should be closely and pain, physical functioning, perceptions of her health, and other aspects of her (d. kan.) "entry report": "the secondary diagnosis of personality disorder not otherwise disabled. neither of these records reaches or supports such a conclusion. criteria. now, he is only to document application of the technique in circuit judge. when there is evidence of a mental impairment that allegedly granted a remand in this case. see ashby v. mckenna, 331 f.3d 1148, 1151 5 -20- (7th cir. 1996) ("[f]ibromyalgia [is] also know as fibrositis-a common, but elisabeth a. shumaker step one requires the claimant to demonstrate that he is not presently that they were written in october 2007 and january 2008, the evidence in the further, ms. wilson argues that the fact that the alj noted dr. mcvey's perform work in the national economy, given her age, education, and somatoform disorder, fibromyalgia, pain disorder, etc. but even if ms. wilson's identify which of her limitations were caused by the psychotic disorder, his failure that there is new evidence which is material and that there is good housing." id. at 600. nevertheless, despite dr. eddy's apparent skepticism, he sullivan, 987 f.2d 1482, 1488 (10th cir. 1993)). we have held that, in after the alj's hearing led to a greater understanding of ms. wilson's condition 1999, a high plains therapist included, as part of an "entry referral report," the administrative law judge (alj). the commissioner follows a five-step sequential june 6, 2003, when his final diagnosis was "[c]hronic pain syndrome with projections for the need for additional abdominal surgeries limiting pointed out that she had been discharged from treatment by one of her doctors such evidence undermines ms. wilson's claims of a disabling level of pain, no april 19, 2010 shows that she also provided this reason for seeking disability in her disability consider whether there was good cause for the failure to present ms. young's pain despite the lack of objective medical evidence of a medically determinable new or material information that would alter any finding about the claimant's medical opinions of the state agency medical consultants regarding the claimant's security disability and for supplemental security income benefits (ssi). impairment by objective medical evidence; (2) if so, whether there is combination, including her psychotic disorder, led her to experience disabling no. 08-3325 -13- found they "justifie[d] neither reversal nor remand" for a number of reasons. medically severe combination of impairments, including the following severe sixty-five-minute hearing, the alj noticed no position alteration or obvious him from performing his past work. break with reality, we see no evidence in the record to support such a claim. the elisabeth a. shumaker we note that there are two other prt forms in the record: one from performed by an agency consultant on december 11, 2003. in turn, in finding that dr. atkinson's disability assessment was not "based on projections for the need and alterations omitted). physical impairment that would cause such pain. it is clear that various clinicians disabling." iii. the alj's decision stated that he was "in general agreement with the rest of the medical record and should not be given controlling weight. court to rule otherwise" (quotation omitted)). at high plains. further, even if there was some treatment breakthrough after why did ms. wilson's "most recent period of abstinence," which started a on in january and may of 2003 by two doctors at hays. while it is true that the [commissioner's] argument that there is substantial evidence evaluated several treating source opinions. she first claims that the alj's rfc ms. wilson's third application for disability benefits and she had also filed a related to the appeals council? it denied review in march 2007 and, according to dr. smith stated in his report: "i believe this lady essentially has a chronic that "[s]ubsequent treatment and her most recent period of abstinence from drug followed the proper procedures in determining that it was not disabling. totally disabled on that date or before. see henrie v. u.s. dep't of health & remains whether her complaints of disabling pain were credible. in finding they noted that while ms. wilson did take prescription medications, she did not take -2- taking care of her youngest son who suffered from night terrors. the record permanent disability in the loss of normal range of motion and although the claimant obtained disability assessments in 2000 and supported by substantial evidence." diaz v. [sec'y] secretary of say as a matter of law that it would have been an abuse of discretion for the trial published opinion is filed nunc pro tunc to that date, and a copy is attached. limitations were not always credible. she testified that she could not use her physical impairments, not concluding that such an absence was dispositive. the prove she was totally disabled prior to [the date her insured status expired]"). chronic pain syndrome, myofascial pain syndrome, and fibromyalgia. further, she further, the alj noted that ms. wilson's statements regarding her allowing a claimant to hold opinion evidence as to her limitations to present to and neck, her description of her activities of daily living "indicated the ability to out a number of these instances of misrepresentation, and the record contains 2004; and january 26, 2004. id. at 371-74. the alj did not find her psychotic appeal from the united states district court who will give her this solution to her problems. . . . i therefore no. 08-3325 ms. wilson next makes a brief argument complaining of the following very difficult to diagnose, that no objective medical tests reveal its presence, and there can be no doubt that ms. wilson's testimony was not entirely v. consider her myofascial pain syndrome diagnosis in determining her rfc.4 such evidence finally, ms. wilson complains that the alj ignored the following medical discussing the high plains psychotic disorder diagnosis, the alj noted that, "such relevant evidence as a reasonable mind might accept as adequate to polly a. wilson, david h.m. gray, gragert, hiebert, gray & link, wichita, kansas, for that without any objective abnormalities on her neurological examination [or] on probably will not receive approval from social security for plaintiff-appellant, claimant's ability to function independently, appropriately, to the clinicians who made the additional diagnosis, it did not have an impact on the attempts (medical or nonmedical) to obtain relief, the frequency vi. medical malpractice claim and workers compensation claims, and while at least plains). admin. r., vol. i at 376. the diagnosis was confirmed by evaluations -10- thus, although the alj did not go into the specifics about the symptoms to submit new evidence to the alj and the appeals council"). a `loose nexus' between the proven impairment and the claimant's an alj must "consider the limiting effects of all [the claimant's] impairment(s), statements were merely referencing the absence of objective medically testable in her fourth point on appeal, ms. wilson claims that the alj improperly failed to properly consider her myofascial pain syndrome in determining her rfc; ms. wilson is arguing that her lack of credibility may be attributed to a psychotic -26- three different fathers, and inability to sustain consistent work behavior." id., -21- court affirming the commissioner's decision denying her applications for social (continued...) valve prolapse, history of carpal tunnel, depression, personality disorder, clerk of court conclusions were based solely on evidence already in the administrative record. functioning was adversely affected by the additional diagnosis. argue that remand was necessary. under § 405(g): work. however, this did not occur. adhesions for the duration of her life. and she will probably have to v. coworkers or peers without distracting them or exhibiting behavioral extremes." serious long-term mental health limitations that clearly impact her life. the for remand for an abuse of discretion. see clem v. sullivan, 894 f.2d 328, 332 subjective complaints," id., was impermissible speculation. it appears that these apfel, 152 f.3d 636, 638 (7th cir. 1998) ("[n]o one questions that fibromyalgia is neck causing chronic pain (without evidence of nerve or muscle disease).'" original). we review the commissioner's decision to determine whether the were grounded in the evidence in the case records, including careful consideration determining whether the claimant's subjective complaints of pain are credible, the measures of credibility that are peculiarly within the judgment of the somatoform disorder, and methamphetamine abuse. admin. r., vol. i at 22. at id. at 572. he also noted that ms. wilson told him that she was diagnosed at one consequently, the alj's determination that ms. wilson's testimony of disabling defendant-appellee. not presently engaged in substantial gainful activity and that she did have a have dr. smith evaluate ms. wilson, which he did on march 24, 2003. than ninety minutes and also inconsistent with the fact that, during the (further quotation omitted). further, there is no question that ms. wilson has here, the alj's decision was handed down in october 2005. the appeals smith v. j.i. case corp., 163 f.r.d. 229, 231 (e.d. pa. 1995) (quoting schmidt's of the claimant's allegations about symptoms and limitations." id. at 23. unanimously that oral argument would not materially assist the determination of id. with this rfc, the alj found that ms. wilson could return to her past properly analyze her claims of disabling claims. many more. we thus hold that there was substantial evidence to uphold the alj's for misrepresentation of her disability. finally, the alj noted that the record defendant-appellee. carpenter v. astrue, 537 f.3d 1264, 1268 (10th cir. 2008) (quotations, citations, -11- exhibits is considered derivative evidence to the extent that ms. young's symptoms. however, the claimant's statements concerning the intensity, duration testimony. to the extent ms. wilson is trying to argue that there was not judgment of the individual's overall level of functioning." american psychiatric severity to account for her complaints of extreme pain­hence the diagnoses of special technique required by the regulations. alj's decision the commissioner's final decision. fatally incomplete." id. at 20. ms. wilson." admin. r., vol. iii at 995. but there is nothing to support this supplemental security income to persons who have a "disability." a "include moderate limitations in the ability to understand, remember, and carry she is seen and is bound and determined to get social security social security administration, kansas city, missouri, for defendant-appellee. attention and concentration for extended periods; interact appropriately with the psychotic disorder diagnosis by high plains. the alj was clearly aware of this not meet or equal a listed impairment. the alj determined that she retained the december 2003 consultative examination by stating in his decision that the dr. franz' mental rfc assessment, also from august 29, 2003.2 functioning." id. at 34. hobby; and that she visited friends and ate out. on august 16, 2005, ms. wilson received a de novo hearing before an ms. wilson does not argue that the record shows specific limitations caused alj should consider various factors, such as: persistence or pace without evidence of repeated episodes of decompensation." argues that this insufficient consideration is shown by the alj's failure to the evidence, both objective and subjective, claimant's pain is in fact conclusions, the alj prepared a standard document called a affirmed by a second doctor, dr. r.e. schulman, on march 31, 2004, after the substantial evidence to support the alj's determination that she was not entirely health & human servs., 898 f.2d 774, 777 (10th cir. 1990). determination, the releases were also inconsistent with each other. further, the -23- physical activity. this in my opinion renders her unable to pursue listing requirements and evaluated the claimant under the relevant (10th cir. 1978) ("`good cause' is more than a desire to relitigate the same the court . . . may at any time order additional evidence to be taken she should consider [sic] to be disabled until her physical and emotional problems specified is given as there appears to be a pervasive pattern of interpersonal and 1133 n.11 (c.d. cal. 1995) (citing 2 schmidt's attorneys' dictionary of medicine evaluated her pain. aplt. opening br. at 18-19 (quoting luna, 834 f.2d at 166). must show that he has a medically severe impairment or combination standing alone would be insufficient to support an adverse credibility finding as to symptoms," such as a flat affect, or "moderate difficulty in social or occupational -22- explain to the patient that without any objective abnormalities on her previously issued on february 17, 2010. the motion is granted. the are unable to work need and are entitled to such benefits. while this was marietta parker, acting united states attorney, anne m. mackland, special ms. wilson has a long history of drug addiction and mental illness. her claimant retains sufficient rfc [residual functional capacity] to citations omitted; brackets in original). appear disabled. she said she is stressed out and cannot take care of the exhibits in question were a letter dated october 18, 2007, and a statement for the tenth circuit order no weight. . . . dr. atkinson provided an opinion of disabled in michael j. astrue, commissioner recognized that ms. wilson's testable physical impairments were not of sufficient self-reported being diagnosed at one time with chronic fatigue syndrome, and she her testimony was credible as a whole, but that the alj drew incorrect inferences id. at 1273-74 (quoting hargis v. sullivan, 945 f.2d 1482, 1489 (10th cir. 1991)). on her neurological examination [or] on the electrodiagnostic studies, she would can be addressed." id. were somehow disabling. but she does not cite to any portion of the record to she failed to show good cause for a remand. see cummings v. sullivan, 950 f.2d (9th cir. 1990). pain syndrome that seems to fit more into a pattern of fibromyalgia." id. at 577. plaintiff-appellant polly a. wilson appeals from an order of the district limitations," id. at 25, and that the alj's statement that the limitations noted in he also noted that her description of her daily activities did not indicate april 29, 2000, and one from march 8, 2001. neither of these forms rates any of "only if his physical or mental impairment or impairments are of the alj agency medical consultants, he specifically stated: "[t]he undersigned finds that -4- evidence received into the record after the reconsideration did not provide any matter the source. "[w]hen the claimant is represented by counsel at the administrative finally, ms. wilson argues that the district court erred by failing to remand physical cause for that level of pain. thus, the record contains diagnoses of in his october 12, 2005, decision, the alj determined that ms. wilson was work experience. if a determination can be made at any of the steps together and quit relying on social security to solve her problems. insured was december 31, 2002; thus she had the burden of proving that she was cause for the failure to incorporate such evidence into the record in a frantz, a consulting physician, contained in two prt forms from august 29, ms. wilson's global assessment of functioning (gaf) from 60.3 structure and present claimant's case in a way that the claimant's claims are february 17, 2010 see perkins v. chater, 107 f.3d 1290, 1296 (7th cir. 1997). [b]ased upon dr. bauer's description of adhesion formation at the submitted ms. young's opinions to the alj or, at the least, the appeals council, plaintiff-appellant, vol. i at 20, shows that the alj's finding of disability was based on the negative any gains with rehabilitation despite her nerve conduction and mri test results diagnosed ms. wilson with myofascial pain syndrome. she had been treated by after dr. franz' assessments, the center did not believe that ms. wilson's level of children and work at same time. that is why she will not work and the alj, then, specifically noted in his decision that the agency consultants alj. the electrodiagnostic studies, she would probably not receive approval from at high plains who had treated ms. wilson since july 2004, prior to the alj's the appellee has filed a motion to publish the order and judgment counsel, were clearly prepared with ms. wilson's social security claim in mind, credibility findings made by the alj, beginning with his credibility finding as to adequate to support [her] conclusion that claimant is not under a march 18, 2003, the physician's assistant and doctor who had been treating her the decision. statement or with the alj's treatment of her myofascial pain syndrome. although ms. wilson next complains that the alj mischaracterized dr. smith's was properly taken into account when considering her overall credibility. filed in any other kind of substantial gainful work which exists in the admin. r., vol. ii at 683. this diagnosis was noted by the alj in his decision: significant limitations. although she testified that she had severe pain in her back test for chronic fatigue syndrome."); stanistreet v. chater, 21 f. supp. 2d 1129, procedure accordingly. this procedure requires the alj to rate the doctors at the hays orthopaedic clinic (hays) had also previously branum v. barnhart, 385 f.3d 1268, 1273 (10th cir. 2004) (quoting thompson v. admin. r., vol. i at 22. abuse has greatly increased [the mental health center's] understanding of


All Content © 2007-2012 The Judicial View, L.L.C. All Right Reserved.
About The Judicial View ®  | Privacy Policy   |  Terms of Use   |  Contact Us  |  Advertise