Nevida Cypress v. Carolyn W. Colvin
807 F.3d 948
8th Cir.2015Background
- Nevida Cypress, a former school janitor, applied in July 2011 for SSI and DIB alleging carpal tunnel syndrome and depression; ALJ denied benefits and Appeals Council declined review.
- ALJ found severe impairments including bilateral carpal tunnel, degenerative disc disease, sleep apnea, diabetes with neuropathy, joint disease, obesity, anxiety, and depression, but not a listed impairment.
- ALJ concluded Cypress could not perform past work (medium exertion) but retained RFC for light work (standing/walking up to 6 hours/day) and could perform jobs like housekeeper and cafeteria attendant.
- Cypress challenged the RFC, arguing the record (including her treating nurse practitioner) showed greater standing, walking, and manipulative limitations from severe carpal tunnel.
- ALJ gave the nurse practitioner’s opinion little weight because it was not from an "acceptable medical source" and opined on disability (an issue reserved to the Commissioner).
- ALJ relied on treating physicians’ findings of normal strength, gait, coordination, mild imaging results, symptom control with medication, and Cypress’s refusal of invasive treatments; district court and this court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RFC for light work (incl. 6 hrs standing/walking) is supported by substantial evidence | Cypress: Record documents chronic back/leg pain, limited mobility, need for walker; treating NP opined she cannot work | Commissioner: Medical records show normal strength/gait, mild imaging, pain controlled by medication, and refusal of surgery; NP opinion not controlling | Affirmed — substantial evidence supports RFC for light work |
| Whether ALJ erred in discounting treating nurse practitioner’s opinion | Cypress: ALJ should have treated NP as "other" medical source and given more weight | Commissioner: NP is not an "acceptable medical source" and her statement that claimant is disabled addresses an issue reserved to Commissioner | Affirmed — ALJ permissibly gave NP opinion little significance |
| Whether RFC should have included additional manipulative limitations for carpal tunnel | Cypress: Diagnosed moderate–severe bilateral carpal tunnel; jobs cited require frequent handling | Commissioner: Exams show full ROM and strength; claimant declined carpal tunnel surgery; RFC already limited to light work | Affirmed — record supports no additional manipulative limits |
| Whether new evidence (post-ALJ Dr. Kaplowitz opinion) undermines substantial-evidence finding | Cypress: July 2013 opinion supports greater limitations | Commissioner: Opinion postdates relevant period and does not relate to time frame at issue | Affirmed — new opinion does not alter substantial-evidence conclusion |
Key Cases Cited
- Anderson v. Astrue, 696 F.3d 790 (8th Cir. 2012) (standard of review for district court affirming ALJ)
- Travis v. Astrue, 477 F.3d 1037 (8th Cir. 2007) (five-step disability evaluation framework)
- Davidson v. Astrue, 501 F.3d 987 (8th Cir. 2007) (Appeals Council denial makes ALJ decision final)
- Jones v. Astrue, 619 F.3d 963 (8th Cir. 2010) (definition and review of substantial evidence)
- Ellis v. Barnhart, 392 F.3d 988 (8th Cir. 2005) (disability determination reserved to Commissioner)
- Edwards v. Barnhart, 314 F.3d 964 (8th Cir. 2003) (failure to pursue available treatment undermines disabling pain claim)
- Estes v. Barnhart, 275 F.3d 722 (8th Cir. 2002) (impairment controlled by treatment is not disabling)
- Goodale v. Halter, 257 F.3d 771 (8th Cir. 2001) (refusal of carpal tunnel surgery can suggest condition not disabling)
- Mackey v. Shalala, 47 F.3d 951 (8th Cir. 1995) (consideration of new evidence post-ALJ requires relation to relevant time period)