Kemper v. Social Security Administration, 3:17-cv-00209

Plaintiff Tracy Kemper applied for Social Security disability benefits alleging onset in November 2014; ALJ denied, Appeals Council denied review, so ALJ decision is final.
ALJ found onset of disability not engaged in substantial gainful activity since amended onset March 1, 2016, and identified severe impairments: degenerative disc disease, status-post carpal tunnel release, generalized anxiety disorder, mood disorder, and OCD.
ALJ concluded Kemper retained an RFC for sedentary work with frequent handling/fingering only and limited to unskilled, simple, routine, repetitive tasks with simple, direct, concrete supervision.
VE testimony identified jobs existing in significant numbers (call out operator, small group office clerk), so ALJ found not disabled.
Medical record: treatment for mental health with improvement on meds/therapy; severe bilateral carpal tunnel diagnosed Feb 2016 with bilateral release surgery March 2016 and documented recovery (normal sensation, full ROM, returned to light work).

Issue	Plaintiff's Argument	Defendant's Argument	Held
RFC failed to include sufficient mental limitations	Kemper says RFC understates social/mental limitations from anxiety, mood disorder, OCD	ALJ relied on treatment notes showing improvement, normal mental status on several exams, and state consultants; limited to moderate mental restrictions in hypothetical to VE	RFC adequate; substantial evidence supports ALJ’s mental limitation assessment
RFC failed to reflect manipulative limitations from carpal tunnel	Kemper asserts carpal tunnel caused greater gross/fine manipulation limits	Medical record shows post-op recovery with normal sensation, full ROM, return to work; doctor released to light duty; ALJ limited handling to frequent	ALJ’s frequent handling limitation supported; no greater restriction warranted
Whether ALJ properly weighed opinion evidence	Kemper faults lack of treating source statement and urges more restrictive findings	ALJ considered state-agency opinions and treatment records, and claimant’s activities	ALJ permissibly weighed evidence; no reversible error
Whether substantial evidence supports denial	Kemper argues overall record supports disability	Commissioner points to improvement, conservative treatment, daily activities, and VE testimony showing available jobs	Court finds substantial evidence supports denial and affirms Commissioner

Miller v. Colvin, 784 F.3d 472 (8th Cir. 2015) (standard of review for Commissioner’s decision)
Reed v. Barnhart, 399 F.3d 917 (8th Cir. 2005) (review considers evidence that detracts from decision)
Gowell v. Apfel, 242 F.3d 793 (8th Cir. 2001) (normal mental-status exams undermine disabling mental impairment claim)
Lochner v. Sullivan, 968 F.2d 725 (8th Cir. 1992) (improvement with treatment supports finding of not disabled)
McCoy v. Astrue, 648 F.3d 605 (8th Cir. 2011) (RFC must incorporate all credible limitations)
Ostronski v. Chater, 94 F.3d 413 (8th Cir. 1996) (ALJ must base RFC on competent medical evidence)
Shannon v. Chater, 54 F.3d 484 (8th Cir. 1995) (daily activities can undermine disability claims)
Edwards v. Barnhart, 314 F.3d 964 (8th Cir. 2003) (same)
Smith v. Shalala, 987 F.2d 1371 (8th Cir. 1993) (conservative treatment undermines assertions of disabling pain)