Taylor v. Berryhill
679 F. App'x 661
| 10th Cir. | 2017Background
- Claimant: Doris Taylor sought SSI for her granddaughter N.A.T., a child diagnosed with ADHD, behavioral problems, and language delay; relevant period began June 29, 2011.
- ALJ findings at step two: severe impairments of ADHD, behavioral problems, and language delay; no listings met or equaled.
- Functional-domain findings: marked limitation only in "acquiring and using information"; less than marked in "attending and completing tasks," "interacting and relating with others," and "caring for self"; no limitation in moving/manipulating or health/physical well-being.
- ALJ discounted Taylor’s testimony that N.A.T. had worsened since the prior application as inconsistent with medical records (e.g., OSU pediatrician noting improvement; Taylor had reported medication helped).
- Taylor appealed, arguing the ALJ made an improper credibility determination and erred by relying on limited teacher evidence for the attending-and-completing-tasks domain. Court of Appeals affirmed; substantial evidence supported the ALJ and correct legal standards were applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility of guardian's testimony | Taylor: ALJ failed to adequately link adverse credibility finding to record and ignored evidence supporting worsening behavior | ALJ: cited specific inconsistent medical evidence showing improvement and that medication helped; properly assessed credibility | Affirmed — ALJ’s credibility finding supported by substantial evidence and adequately linked to record |
| Attending and completing tasks domain | Taylor: ALJ relied primarily on one teacher (Faulk) and ignored evidence (other teacher report, observations of refusals) showing marked limitation | ALJ: had discussed all substantial evidence elsewhere, including state agency experts who found less than marked limitations; omitted items were outside relevant period or not controlling | Affirmed — less than marked limitation supported by substantial evidence; no legal error |
Key Cases Cited
- Briggs ex rel. Briggs v. Massanari, 248 F.3d 1235 (10th Cir. 2001) (standard of review and child disability evaluation framework)
- Wilson v. Astrue, 602 F.3d 1136 (10th Cir. 2010) (deference to ALJ credibility determinations when supported by substantial evidence)
- Knight ex rel. P.K. v. Colvin, 756 F.3d 1171 (10th Cir. 2014) (requirement to closely and affirmatively link credibility findings to record evidence)
- Keyes–Zachary v. Astrue, 695 F.3d 1156 (10th Cir. 2012) (harmless error and common-sense review)
- Hackett v. Barnhart, 395 F.3d 1168 (10th Cir. 2005) (appellate court will not reweigh evidence)
- Clifton v. Chater, 79 F.3d 1007 (10th Cir. 1996) (ALJ must consider all evidence but need not discuss every item)