Carson v. Social Security Administration
6:11-cv-00288
E.D. Okla.Sep 10, 2012Background
- claimant Cynthia Carson filed for DIB and SSI alleging disability since May 31, 2007 due to anxiety, depression, bipolar disorder, back/neck/hip problems, and two accidents.
- ALJ Kilpatrick denied benefits; Appeals Council denied review; magistrate notes the decision is the Commissioner’s final decision for review.
- ALJ found severe impairments as mood disorder, obesity, osteoarthritis, sciatica, hypothyroidism, and cardiac palpitations; non-severe impairments were present (panic disorder, PTSD, incontinence) but considered in RFC.
- RFC limited to less than full-range light work: lift 10 pounds frequently, 20 pounds occasionally; sit/stand/walk six hours; occasional climbing/stooping; never overhead; simple to detailed tasks; no interaction with public.
- Found claimant unable to return to past work but concluded there are other jobs she can perform (light hand bander, bakery racker, poultry eviscerator), supporting denial of disability.
- Claims of non-severe impairments and credibility were challenged; court evaluated whether substantial evidence supports RFC and step-five decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether non-severe impairments were properly considered | Carson argues PTSD, panic disorder, and incontinence were severe. | ALJ considered them but found other impairments severe; non-severe impairments still factored into RFC. | Harmless error; RFC accounted for all impairments. |
| Whether the RFC adequately reflects all medically determinable impairments | RFC omits limitations from PTSD/panic and incontinence. | RFC incorporated treating/consultative findings and limitations from record; no need for more. | RFC supported by substantial evidence. |
| Whether the credibility analysis properly evaluated symptoms | ALJ failed to credibly assess pain and other symptoms. | ALJ linked credibility to objective evidence and plaintiff’s own statements; findings supported. | Credibility determination is entitled to deference; supported by record. |
| Whether the ALJ properly performed step-five analysis and identified suitable jobs | ALJ misapplied step-five by relying on incorrect RFC. | There are jobs consistent with RFC; vocational evidence supports. | Step-five conclusion proper; jobs exist and are suitable. |
Key Cases Cited
- Kepler v. Chater, 68 F.3d 387 (10th Cir. 1995) (credibility must be linked to substantial evidence with specific reasons)
- Hardman v. Barnhart, 362 F.3d 676 (10th Cir. 2004) (requires specific reasons for credibility findings, not mere recitation)
- Casias v. Secretary of Health & Human Services, 933 F.2d 799 (10th Cir. 1991) (limits on reweighing evidence; requires comprehensive review of record)
- Carpenter v. Astrue, 537 F.3d 1264 (10th Cir. 2008) (ALJ must consider all impairments in formulating RFC; not require medical source statement for each element)
- Langley v. Barnhart, 373 F.3d 1116 (10th Cir. 2004) (combined effects of all impairments must be considered)