Angela Myers v. Carolyn W. Colvin

721 F.3d 521, 2013 WL 3746022, 2013 U.S. App. LEXIS 14514
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 18, 2013
Docket12-1779
StatusPublished
Cited by296 cases

This text of 721 F.3d 521 (Angela Myers v. Carolyn W. Colvin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Angela Myers v. Carolyn W. Colvin, 721 F.3d 521, 2013 WL 3746022, 2013 U.S. App. LEXIS 14514 (8th Cir. 2013).

Opinion

COLLOTON, Circuit Judge.

Angela Myers appeals the judgment of the district court 2 upholding the denial of *523 her application for Social Security disability benefits, disability insurance benefits, and supplemental security income. We affirm.

I.

Myers worked full time as a licensed practical nurse from 1996 to 2007, when she switched to part-time work until her resignation in March 2008. She began to receive treatment for depression and anxiety on approximately a monthly basis from Dr. Matthew Horvath in November 2006. Dr. Horvath diagnosed Myers with dys-thymic disorder, anxiety disorder not otherwise specified, and borderline personality disorder.

Dr. Horvath’s notes consistently indicated that Myers’s depression and anxiety varied with life stressors — particularly the stress from her nursing job — and that her symptoms responded to medication. After Myers’s alleged disability onset date, Dr. Horvath also estimated Myers’s Global Assessment of Functioning (“GAF”) score on five occasions. See Diagnostic and Statistical Manual of Mental Disorders 34 (4th ed.2000). Four times, the estimated GAF score indicated only “moderate difficulty” in social or occupational functioning; only once did the score reflect a “serious impairment.” Id. In his July 2009 opinion of Myers’s ability to perform work-related activities, however, Dr. Horvath stated that Myers suffered from “[mjarked” difficulties in social functioning and in maintaining concentration, persistence, and pace, and that she experienced four or more extended episodes of decompensation.

In August 2009, Myers saw Dr. Kevin Mace with complaints of shortness of breath. Dr. Mace developed a plan for Myers that included “wearing] compression stockings while active,” and they “discussed diet and exercise at length.”

Myers applied for disability and disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 423, and protectively applied for supplemental security income under Title XVI of the Act, id. § 1382, claiming a disability onset date of March 20, 2008. Her disability claims were based on depression, anxiety, self-harm behavior, and sleep apnea. The Social Security Administration (“SSA”) denied Myers’s claims after initial review. In reaching its decision, the SSA relied in part on the evaluation of a state agency medical consultant who concluded that Myers’s concentration and pace suffered with increased stress, but that her impairments did not meet or equal a medical listing as required by the regulations. Myers sought reconsideration, and the SSA again denied her claims.

Myers then requested a hearing before an administrative law judge (“ALJ”). Following a hearing at which Myers appeared and was represented by counsel, the ALJ determined that Myers was not entitled to benefits, because she was not disabled. The ALJ followed the familiar five-step process outlined in 20 C.F.R. §§ 404.1520 and 416.920. See, e.g., Eichelberger v. Barnhart, 390 F.3d 584, 590-91 (8th Cir.2004). At step one, the ALJ determined that Myers had not engaged in substantial gainful activity since her alleged disability onset date. The ALJ concluded at step two that Myers’s major depression, dys-thymic disorder, anxiety disorder not otherwise specified, borderline personality disorder, obesity, asthma/COPD, and obstructive sleep apnea constituted severe impairments that, “when considered in combination, could reasonably be expected to impose work-related limitations.”

*524 At step three, the ALJ found that Myers’s impairments did not meet or medically equal an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1. The ALJ expressly considered Listing 12.04 and concluded that Myers did not meet or equal it. He concluded that she suffered only from “mild to moderate” restrictions or difficulties in daily activities, social functioning, and maintaining concentration. He also determined that Myers experienced no episodes of decompensation, which the regulations define as “exac-erbations or temporary increases in symptoms or signs accompanied by a loss of adaptive functioning.” 20 C.F.R. Pt. 404, Subpt. P, App. 1, § 12.00(C)(4). The ALJ gave Dr. Horvath’s July 2009 opinion about “marked difficulties” less than controlling weight, because he thought the opinion was inconsistent with the treatment record.

The ALJ concluded at step four that Myers was unable to perform her past relevant work as a licensed practical nurse, but that she had the residual functional capacity (“RFC”) to perform light work with certain physical and psychological restrictions. The ALJ found that Myers’s statements about the intensity, persistence, and limiting effects of her symptoms were not fully credible because they were inconsistent with evidence that her symptoms were responsive to medication, and with medical reports and testimony from .others showing that Myers “continued to engage in a variety of activities of daily living,” “maintain[ed] regular social contacts,” and “did not want to work.”

Finally, at step five, the ALJ concluded that Myers could perform jobs that exist in significant numbers in the national economy, so she was not disabled within the meaning of the Social Security Act. The ALJ relied on a vocational expert’s testimony that an individual with Myers’s age, education, past relevant work experience, and RFC could work as a blind aide, a companion, or a personal attendant.

Myers sought review by the Appeals Council, and submitted records showing that she admitted herself to the emergency room at Iowa Lutheran Hospital for treatment of depression on September 20, 2010. The Appeals Council considered this additional evidence and denied Myers’s request for review. The district court upheld the Commissioner’s decision. Myers now appeals.

II.

We review de novo the district court’s decision affirming the denial of social security benefits, and we will affirm “if the Commissioner’s decision is supported by substantial evidence on the record as a whole.” Davidson v. Astrue, 578 F.3d 838, 841 (8th Cir.2009) (internal quotation omitted). “Substantial evidence is less than a preponderance, but is enough that a reasonable mind would find it adequate to support the Commissioner’s conclusion.” Prosch v. Apfel, 201 F.3d 1010, 1012 (8th Cir.2000). We consider the entire record, but we will not reverse the Commissioner’s decision if substantial evidence supports it, “even if substantial evidence could have been marshaled in support of a different outcome.” England v. Astrue,

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Bluebook (online)
721 F.3d 521, 2013 WL 3746022, 2013 U.S. App. LEXIS 14514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angela-myers-v-carolyn-w-colvin-ca8-2013.