Williams v. Berryhill
682 F. App'x 665
| 10th Cir. | 2017Background
- Shannon Williams (claimant) applied for Social Security disability and SSI alleging seizures, back problems, and bipolar disorder beginning August 2010; ALJ denied benefits and district court affirmed.
- From mid-2010 to mid-2012 Williams had numerous ER visits for seizure-like episodes; neurologic testing did not show organic cause and physicians (including a neurologist) diagnosed conversion disorder (psychogenic seizures).
- ALJ found claimant could perform sedentary work with occasional bending/squatting and no exposure to unprotected heights, dangerous machinery, or other hazards; relied in part on a state agency disability examiner’s physical assessment.
- ALJ considered Listings 1.00 (musculoskeletal) and 11.00 (neurological) but did not address Listing 12.07 (somatoform disorders/conversion disorder).
- The record lacked medical evidence detailing the severity and functional effects of the conversion disorder; no consultative examinations were ordered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ should have considered Listing 12.07 (somatoform disorders) at step three | Williams: ALJ failed to evaluate whether conversion disorder met or equaled Listing 12.07 | Commissioner: No treating mental-health professional affirmatively diagnosed a somatoform disorder, so Listing need not be discussed | Reversed — ALJ erred by not considering Listing 12.07; remand required for step-three analysis |
| Whether ALJ failed to develop the record by not ordering consultative exams | Williams: Record is insufficient regarding conversion disorder severity/effects; ALJ should have ordered exams | Commissioner: Counsel failed to request consultative exams; Hawkins defense — no duty unless clearly needed | Reversed — ALJ should have ordered consultative examinations; need is clear given lack of evidence |
| Whether physical RFC (ability to sit/stand) is supported by substantial evidence | Williams: ALJ’s sedentary RFC unsupported; claimant’s testimony shows severe sitting/standing limits | Commissioner: State agency examiner supports RFC and other record evidence does too | Reversed/Remand — ALJ relied on a non-acceptable-source (SDM) opinion unsupported by other evidence; RFC not supported by substantial evidence |
| Whether ALJ properly assessed mental RFC, including conversion disorder, at step four | Williams: ALJ failed to consider conversion disorder and did not provide a proper, itemized mental RFC with narrative support | Commissioner: ALJ relied on state agency psychologist assessment showing mild limitations | Reversed/Remand — ALJ must evaluate conversion disorder singly and in combination and provide an itemized, narrative-supported mental RFC if proceedings continue beyond step three |
Key Cases Cited
- Salazar v. Barnhart, 468 F.3d 615 (10th Cir.) (substantial-evidence standard and combined-impairments rule)
- Fischer-Ross v. Barnhart, 431 F.3d 729 (10th Cir.) (step-three Listing-equivalence overview)
- Carpenter v. Astrue, 537 F.3d 1264 (10th Cir.) (harmless error where other findings conclusively negate an unaddressed Listing)
- Hawkins v. Chater, 113 F.3d 1162 (10th Cir.) (no duty to order consultative exam absent request or clearly established need)
- Thompson v. Sullivan, 987 F.2d 1482 (10th Cir.) (ALJ should order consultative exams when no evidence exists to determine RFC)
- Wells v. Colvin, 727 F.3d 1061 (10th Cir.) (requirement that ALJ produce itemized mental RFC and narrative support)