John Higgins v. Commissioner, Social Security
898 F.3d 793
8th Cir.2018Background
- John Higgins applied for SSDI and SSI alleging disability from 2011 due to bipolar disorder, sleep apnea, type II diabetes, and obesity; he previously worked as a part‑time online professor and can perform basic daily activities.
- After initial denial, an ALJ hearing was held; before the ALJ decision Higgins’s physician prescribed a bariatric chair capable of supporting 425 lbs for six hours/day, and that evidence was added to the record.
- The ALJ submitted interrogatories to a vocational expert (VE) who was asked to assume an RFC including the need for a bariatric chair and whether jobs existed for such an individual.
- The VE identified three sedentary occupations with regional and national job numbers and testified that providing a bariatric chair is a common workplace accommodation.
- The ALJ found Higgins could not do past work but could perform other jobs in the economy (relying on the VE’s testimony) and denied benefits; the district court affirmed, and Higgins appealed.
Issues
| Issue | Higgins' Argument | Commissioner’s Argument | Held |
|---|---|---|---|
| Whether the ALJ properly relied on VE testimony that jobs exist for an individual requiring a bariatric chair | ALJ improperly assumed employers would comply with the ADA; VE relied on ADA-based assumption rather than showing jobs commonly provide the needed accommodation | VE’s testimony explicitly stated bariatric chairs are a common accommodation and identified existing jobs accommodating that need; ALJ properly relied on that evidence | Court affirmed: VE testimony showed the accommodation is prevalent and sufficiently supported the ALJ’s step‑five finding |
Key Cases Cited
- Eback v. Chater, 94 F.3d 410 (8th Cir.) (VE must show that jobs routinely provide needed accommodation rather than assume ADA compliance)
- Whitehurse v. Apfel, 158 F.3d 987 (8th Cir.) (remand where testimony did not establish availability of work breaks required for claimant)
- Jones v. Apfel, 174 F.3d 692 (5th Cir.) (affirmance where VE testified specific jobs exist that would actually accommodate claimant’s needs)
- Welsh v. Colvin, 765 F.3d 926 (8th Cir.) (ALJ may rely on VE testimony about common workplace practices)
- Byes v. Astrue, 687 F.3d 913 (8th Cir.) (standard of review: affirm unless findings lack substantial evidence or contain legal error)