Adams v. Colvin

553 F. App'x 811
CourtCourt of Appeals for the Tenth Circuit
DecidedJanuary 29, 2014
Docket13-7042
StatusPublished
Cited by16 cases

This text of 553 F. App'x 811 (Adams v. Colvin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Colvin, 553 F. App'x 811 (10th Cir. 2014).

Opinion

ORDER AND JUDGMENT *

GREGORY A. PHILLIPS, Circuit Judge.

Jeremiah Adams appeals from a district court order that affirmed the Social Security Administration’s (SSA’s) denial of his applications for disability insurance benefits (DIB) and supplemental security income benefits (SSIB). We have jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g), and we affirm.

Background

On April 10, 2009, Adams sought DIB and SSIB dating back to February 1, 2008 as the alleged disability onset date. At that time, he was twenty-eight years old. He claimed he was disabled due to bipolar disorder, panic attacks, post-traumatic stress disorder, depression, agoraphobia, a right-rotator-cuff injury, and fractures to his left and right ankles for which he has undergone several surgeries. A 2007 “Medication Assessment” form indicates he may also suffer from antisocial personality disorder (APD). ApltApp., Vol. Ill at 381. Adams has a general equivalency diploma and has worked as a construction laborer and a manufacturing technician.

*813 An administrative law judge (ALJ) held a hearing on June 7, 2010. Adams testified that he had been fired from several jobs for threatening coworkers and that he had been discharged from the army for fighting. He explained that he does not “like stupid people.” Id. at 477. When he is in a manic phase, he “rearranges] furniture” and cleans his house “for like a week, week and a half.” Id. at 481. His depressed states can last for weeks, and he contemplates suicide. But “[m]ost of the time [he is] always in a manic episode.” Id. at 482. Although his left ankle has healed, his right ankle will require more surgery. He plays softball twice a month, but “half the time” “once [he] get[s] on base” he needs “a pinch-runner because of the pain and discomfort in [his] ankle.” Id. at 484. He enjoys softball because “[he] get[s] to hit a ball as hard as [he] can at somebody and try to hurt them with the ball.” Id. He also testified that although he had used alcohol and marijuana in the past, the last time was “at least three years” before the hearing. Id. at 476, 477. Finally, Adams stated that the last time he saw a psychiatrist was several months earlier, and that he “kept calling back and trying to reschedule” his appointment with a therapist in order to then see a psychiatrist, “[but] they have never gotten back with [him].” Id. at 480.

After reviewing the medical evidence, the ALJ posed a hypothetical question to the attending vocational expert (VE), asking whether any of Adams’s past jobs could be performed by a claimant limited to sedentary work who could “occasionally lift[] [and] carry 10 pounds,” “frequently carry up to 10 pounds,” “stand[ ] and walk at least two hours of an eight-hour work day,” and perform only “simple, repetitive tasks” with “no more than incidental contact with the public.” Id. at 495-96. According to the VE, such a claimant could not work in any of Adams’s past jobs, but that claimant could perform other jobs in the national economy: clerical mailer; bonder or assembler; and sorter.

After the hearing, the ALJ denied Adams’s request for DIB and SSIB. In doing so, the ALJ formulated Adams’s residual functional capacity (RFC) to correspond to the limitations posed in the hypothetical to the VE. The ALJ concluded that Adams was not disabled because, while he could not perform his past jobs, there were other jobs in the national economy that he could perform.

. The ALJ based his decision, in part, on Adams’s lack of credibility. The ALJ noted that Adams complained of physical ailments, but that he focused his alleged inability to work on his mental and mood impairments. However, medical records reflected that he inconsistently adhered to his medication regimen and only intermittently pursued psychological treatment. When Adams takes his medication, according to the ALJ, “his condition is such that he should be able to sustain regular and continued employment.” Id. at 20. Further, Adams testified that his therapist’s and psychiatrist’s scheduling conflicts impeded his treatment. However, the medical records refuted Adams’s claims and showed that he canceled two appointments and refused to reschedule despite the medical staffs attempts to do so. Finally, the ALJ noted that Adams’s testimony that he had not used alcohol and marijuana for three years prior to the hearing was contrary to statements in his medical records. Two separate records from different facilities showed that Adams had used marijuana and alcohol roughly within fourteen months of the hearing.

Adams requested review from the SSA’s Appeals Council, but it denied the request. He then sought review in the U.S. District Court for the Eastern District of Okla *814 homa. A magistrate judge recommended affirming the SSA’s decision, and the district court adopted that recommendation over Adams’s objections.

Adams now appeals to this Court alleging three points of error: (1) the ALJ improperly assessed his RFC by failing to address both his reaching limitations related to a rotator-cuff injury and his mental impairments; (2) the ALJ erred in finding he could perform other work; and (3) the ALJ improperly evaluated his credibility.

Discussion

“We review the Commissioner’s decision to determine whether the ALJ’s factual findings are supported by substantial evidence in the record and whether the correct legal standards were applied.” Keyes-Zachary v. Astrue, 695 F.3d 1156, 1161 (10th Cir.2012) (internal quotation marks omitted). “Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. (internal quotation marks omitted).

The Social Security Act defines “disability” as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” 42 U.S.C. § 423(d)(1)(A) (2012). Under the Act, a claimant is disabled “only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy....” Id. § 423(d)(2)(A). Regulations implementing the Act define a five-step process for evaluating a disability claim. Fischer-Ross v. Barnhart, 431 F.3d 729, 731 (10th Cir.2005) (summarizing the five steps). 1

I. RFC

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553 F. App'x 811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-colvin-ca10-2014.