Marcus Hensley v. Carolyn W. Colvin, 2016 U.S. App. LEXIS 13091

Hensley, an Army veteran with service-connected knee injury and PTSD, applied for Social Security DIB alleging onset May 20, 2011; insured through Sept. 30, 2011. He had previously been denied benefits for an earlier period.
Medical records (May–Sept 2011 and May 2012 exam) showed improved/stable right knee and back after physical therapy, normal gait/strength, reduced pain, and mental-health treatment with medication; VA assigned GAF 51 in July 2011 and later lower scores after the insured period.
Hensley attended but then dropped out of VA outpatient PTSD group therapy; he reported some functional improvement on medication but complained of nightmares, social avoidance, and concentration problems.
At hearing Hensley testified limitations from PTSD, depression, back and knee pain; VE testified a person with ALJ’s hypothetical (sedentary work, limited climbing, simple repetitive tasks, incidental interpersonal contact, simple/direct supervision) could perform jobs existing in significant numbers.
ALJ found impairments severe but discounted some subjective limitations, adopted a sedentary RFC with limited mental/physical demands, rejected disability for the relevant four-month period, and noted VA disability determinations are not binding.
The district court affirmed; the Eighth Circuit majority affirmed, while a dissent would remand for further PTSD-related consideration.

Issue	Plaintiff's Argument	Defendant's Argument	Held
RFC adequacy	ALJ lacked medical opinion support and should have ordered consultative exam; RFC incomplete	The record (VA treatment notes, PT records, Dr. McKelvey letter) provided sufficient medical evidence; no CE required	Affirmed — substantial evidence supports RFC; medical records and treating notes adequate
Credibility / subjective complaints	ALJ improperly discounted symptoms (esp. PTSD) and failed to probe reasons for missing therapy	ALJ permissibly relied on lack of disabling medical opinions, controlled symptoms with treatment, noncompliance with therapy, and daily activities	Affirmed — ALJ gave valid reasons per Polaski factors; failure to attend therapy was not shown to be symptom-driven
VA disability finding	ALJ improperly discounted VA determination of disability	VA determinations are not binding; ALJ considered VA evidence and made independent SSA determination	Affirmed — ALJ acknowledged VA finding and adequately considered underlying evidence
VE hypothetical / step-five reliance	Hypothetical failed to capture all PTSD-related limitations (concentration, social avoidance); VE testimony not substantial evidence	Hypothetical matched ALJ’s RFC; jobs identified do not require excluded functions; VE testimony supports step five	Affirmed — VE testimony was relevant to RFC adopted and jobs cited did not require climbing or greater mental function

Welsh v. Colvin, 765 F.3d 926 (8th Cir. 2014) (standard of review — substantial evidence)
Cox v. Astrue, 495 F.3d 614 (8th Cir. 2007) (RFC must be supported by some medical evidence)
Myers v. Colvin, 721 F.3d 521 (8th Cir. 2013) (RFC may be affirmed without a medical-opinion if records support it)
Goff v. Barnhart, 421 F.3d 785 (8th Cir. 2005) (Commissioner’s burden at step five; claimant retains burden of persuasion)
Johnson v. Astrue, 628 F.3d 991 (8th Cir. 2011) (treating records can provide affirmative medical evidence for RFC)
KKC ex rel. Stoner v. Colvin, 818 F.3d 364 (8th Cir. 2016) (ALJ not required to obtain additional evidence when record adequately developed)
Black v. Apfel, 143 F.3d 383 (8th Cir. 1998) (ALJ need not discuss every piece of evidence)
Pate-Fires v. Astrue, 564 F.3d 935 (8th Cir. 2009) (noncompliance with treatment may be excused if failure is symptom-driven)
Pelkey v. Barnhart, 433 F.3d 575 (8th Cir. 2006) (ALJ may consider evidence underlying another agency’s disability finding though that finding is not binding)
Brace v. Astrue, 578 F.3d 882 (8th Cir. 2009) (impairments controllable by treatment are not disabling)