Courter v. Commissioner of Social Security
479 F. App'x 713
6th Cir.2012Background
- Claimant Tina Courter applied for disability benefits under Titles II and XVI alleging mental and physical disability with onset July 15, 2000.
- ALJ held a hearing on September 16, 2008 with Claimant, vocational expert, and medical evidence before him.
- Claimant’s education ended in 6th grade; long prior work history as cleaner, prep cook, and related roles; stopped working in 2001 due to back pain.
- Experts diagnosed varying cognitive and mental concerns: Schmidtgoessling's low to mild retardation indications; Meyer found borderline functioning; Dietz questioned credibility; school records showed prior IQ 76 and special education.
- ALJ found no disability, determined RFC for mentally performing light work, and concluded she could adjust to other work; Appeals Council and district court upheld. New evaluations in 2010 were submitted post-decision; remand denied.
- The court affirms the district court’s summary judgment for the Commissioner and denial of remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Step 3—whether 12.05 mental retardation criteria were met | Courter argues she qualifies under 12.05B/C/D | Commissioner argues substantial evidence supports not meeting 12.05 | Not met; substantial evidence supports the ALJ’s step-3 denial |
| SSR 96-6p and school records | ALJ failed to seek updated expert analysis after school records | ALJ was not required to obtain updated opinion; records did not compel finding of equivalence | ALJ did not violate SSR 96-6p; records did not change expert findings |
| Remand under sentence six with new evidence | New Hartmann and Moore evaluations warrant remand | No good cause; evidence not material | Remand denied; no error in district court's decision; evidence not sufficient for sentence-six remand |
| Step five and credibility findings | Claimant incapable due to mental impairments; credibility lacking | Record showed ability to perform past work and adjust to other work | Substantial evidence supports denial of benefits at steps four and five |
Key Cases Cited
- Lindsley v. Comm'r of Soc. Sec., 560 F.3d 601 (6th Cir. 2009) (substantial evidence standard and record-wide review)
- Foster v. Halter, 279 F.3d 348 (6th Cir. 2001) (deference to ALJ’s weighing of evidence; substantial evidence standard)
- Cruse v. Comm’r of Soc. Sec., 502 F.3d 532 (6th Cir. 2007) (ALA/credibility and step-structure analysis; no automatic result from IQ score)
- Hayes v. Comm’r of Soc. Sec., 357 F. App’x 672 (6th Cir. 2009) (school records and non-medical evidence properly weighed by ALJ)
- Wilson v. Comm’r of Soc. Sec., 378 F.3d 541 (6th Cir. 2004) (five-step framework and substantial evidence review)