Rebecca Sue Sims v. Commissioner of Social Security
706 F. App'x 595
| 11th Cir. | 2017Background
- Rebecca Sims applied for Social Security disability insurance benefits alleging disability beginning August 2010 from cervical/lumbar degenerative disc disease, chronic neck/back pain, hypertension, and carpal tunnel syndrome; ALJ and Appeals Council denied benefits and district court affirmed.
- At the hearing Sims testified severe pain (up to 10/10), limited lifting (couldn’t lift 2 lbs), need for a cane for outings over 30 minutes, and hand dysfunction after multiple finger surgeries.
- Medical record: prior spinal fusion (2004), ongoing pain treatment with some reports of improved function on medication, Dr. Shefsky (examining physician) found full grip strength, intact dexterity, reduced neck/lumbar range of motion but otherwise largely normal exam; post-accident imaging showed disc narrowing and degenerative changes.
- Chiropractor Ozmon treated Sims post-accident, initially optimistic but later rated prognosis poor and recommended avoiding lifting over 20 lbs and prolonged sitting/standing/bending; nerve studies in 2013 showed mild–moderate carpal tunnel but other clinicians had found minimal hand impairment.
- State agency reviewer Dr. Harris opined Sims could do light work (occasional 20 lb lifts; ~6 hours standing/walking); ALJ assessed residual functional capacity (RFC) for light work with additional postural limitations, found Sims not fully credible, and concluded she could perform past work as an insurance sales agent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial evidence supports ALJ’s RFC finding that Sims can perform light work with specified limitations | Sims: ALJ ignored/ misstated evidence (esp. carpal tunnel), overlooked records showing greater limitations, and misapplied chiropractor’s restrictions | Commissioner: ALJ considered the record, relied on Shefsky and state-reviewer, reasonably limited impairments, and RFC is consistent with chiropractor’s lifting restriction | Affirmed: substantial evidence supports ALJ’s RFC determination |
| Whether ALJ properly evaluated Sims’s carpal tunnel syndrome | Sims: carpal tunnel caused greater limitations than ALJ concluded (2013 findings) | Commissioner: treating/exam notes showed minimal hand impairment; 2010/2013 notes consistent with minimal limitation | Affirmed: ALJ’s conclusion that carpal tunnel caused no more than minimal limitations supported by evidence |
| Whether ALJ erred by not weighing chiropractor’s opinion or addressing it sufficiently | Sims: Ozmon’s restrictions (no prolonged sitting/standing/bending) preclude light work and ALJ failed to assign weight | Commissioner: Chiropractor is an “other source”; ALJ discussed Ozmon’s opinion and RFC was consistent with lifting and absence of a walking restriction | Affirmed: ALJ’s discussion was adequate and RFC not inconsistent with Ozmon’s opinions |
| Whether ALJ’s adverse credibility determination was supported | Sims: testimony about pain and limitations should be credited given medical evidence | Commissioner: ALJ followed the two-step framework, cited objective findings, activities, treatment response, and lack of corroborating opinions | Affirmed: credibility determination supported by substantial evidence |
Key Cases Cited
- Moore v. Barnhart, 405 F.3d 1208 (11th Cir. 2005) (standard for substantial evidence review and limits on court reweighing evidence)
- Barnes v. Sullivan, 932 F.2d 1356 (11th Cir. 1991) (appellate burden under substantial-evidence review)
- Wilson v. Barnhart, 284 F.3d 1219 (11th Cir. 2002) (two-step framework for evaluating subjective symptom testimony)
- Dyer v. Barnhart, 395 F.3d 1206 (11th Cir. 2005) (ALJ must show consideration of the whole record in RFC assessment)
- Winschel v. Comm’r of Soc. Sec., 631 F.3d 1176 (11th Cir. 2011) (ALJ must state weight given to medical opinions)
- MacGregor v. Brown, 786 F.2d 1050 (11th Cir. 1986) (discussing consequences when ALJ fails to address or weigh treating physician testimony)