634 F. App'x 632
10th Cir.2015Background
- Autumn Rose sought disability benefits; ALJ denied; district court affirmed.
- Rose alleged disability from brain shunt, left arm, back/neck pain, depression, and related issues sustained in a May 10, 2008 car crash.
- Insured status for benefits expired December 31, 2010; Rose was 27 at that time.
- ALJ found severe impairments were residuals of injuries; RFC limited to a sedentary work range; VE identified occupations in the national economy.
- Appeals Council denied review; district court upheld SSA denial; Rose appeals to Circuit Court of Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ALJ properly evaluated mental impairments. | Rose argues step-two severity and PRT deficiencies. | Rose contends ALJ’s mental assessment is improper. | No reversible error; the RFC accounted for mental limitations. |
| Whether the ALJ adequately developed the record. | Rose requested a Luria-Nebraska test; record insufficient. | Record contained sufficient cognitive evaluations; no further development needed. | No reversible error; record adequate for disability determination. |
| Whether the ALJ properly evaluated obesity. | Obesity should have been weighed for RFC effects. | No obesity-specific functional limitations supported by record. | Obesity properly accounted for in RFC; no error. |
| Whether the credibility analysis regarding pain was proper. | ALJ did not adequately credit subjective complaints. | Credibility supported by objective findings and daily activities. | Credibility determination supported by substantial evidence. |
Key Cases Cited
- Wells v. Colvin, 727 F.3d 1061 (10th Cir. 2013) (special techniques may be discussed in RFC even if not severe at step two)
- Fischer-Ross v. Barnhart, 431 F.3d 729 (10th Cir. 2005) (harmless error when other findings support the decision)
- Wilson v. Astrue, 602 F.3d 1136 (10th Cir. 2010) (disability requires inability to perform substantial gainful activity for 12+ months)
- Newbold v. Colvin, 718 F.3d 1257 (10th Cir. 2013) (credibility determinations must be tied to substantial evidence)
- Howard v. Barnhart, 379 F.3d 945 (10th Cir. 2004) (express analysis is weaker when finding supports RFC without weighing evidence)