Carmack v. Barnhart

147 F. App'x 557
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 31, 2005
DocketNo. 04-6152
StatusPublished
Cited by6 cases

This text of 147 F. App'x 557 (Carmack v. Barnhart) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carmack v. Barnhart, 147 F. App'x 557 (6th Cir. 2005).

Opinion

BATCHELDER, Circuit Judge.

Plaintiff-Appellant Bernice Carmack appeals the district court’s order granting summary judgment in favor of the Commissioner of Social Security (“Commissioner”) on her claim for supplemental security income (“SSI”) benefits. Because substantial evidence supports the Commissioner’s finding that Carmack is not disabled, we will AFFIRM the judgment of the district court.

Carmack filed for SSI in October of 1998, alleging that she was unable to work due to various physical and mental ailments. The Commissioner initially denied her claim, and Carmack requested a hearing before an administrative law judge (“ALJ”). The ALJ denied relief and the Appeals Council denied Carmack’s request for review. After Carmack appealed the Commissioner’s decision to the district court, the Appeals Council vacated and remanded the case because a certified administrative record could not be prepared due to a defective hearing tape.

The ALJ conducted a de novo hearing at which Carmack and Susan Seylar, a vocational expert, testified. The ALJ then issued an unfavorable decision, finding that the ailments that Carmack complained of did not prevent her from performing her past relevant work. He also found that [559]*559Carmack did not meet the definition of “mentally retarded.” Carmack appealed the ALJ’s decision directly to the district court, which affirmed the ALJ. The court concluded that there was no evidence demonstrating mental retardation manifested itself before Carmack reached age 22, and that Carmack’s IQ scores were insufficient to establish mental retardation because Carmack had not shown “significant deficits or impairments in adaptive functioning.” On appeal, Carmack argues that the district court’s grant of summary judgment was improper because the evidence clearly shows that she is entitled to SSI due to mental retardation.

The record reveals that Carmack, who dropped out of high school five weeks before graduation and later obtained her G.E.D., was never enrolled in remedial classes and made average marks during her scholastic career. Since leaving high school, Carmack has performed a variety of jobs, including a stint as a court reporter. Most recently, Carmack owned and operated a tanning salon for a little over two years before leaving for reasons unrelated to her cognitive abilities. In this capacity she kept the salon’s books, used an adding machine, managed the salon’s operations, took and recorded appointments, and recorded the length of time customers stayed in the tanning beds. During the administrative proceedings, Carmack reported that she is self-sufficient, enjoys reading the newspaper, and manages her own finances.

Three different mental health professionals evaluated Carmack in connection with her application for benefits: a state psychologist; Roy Nevils, Ph.D, a second psychologist employed by the state, and Robert Spangler, Ed.D. Dr. Nevils’s report described Carmack as “cooperative, spontaneous, coherent, and without evidence of disorientation or thought disorder.” Carmack took a battery of psychological examinations that revealed that she has an IQ of 70, reads at an eighth-grade level, and performs arithmetic at a fifth-grade level. Dr. Nevils opined that these scores are “a valid estimate of [Carmack’s] true abilities” and that she is “in the borderline range of intellect.”

The state psychologist who reviewed the record in 1998 concluded that Carmack could perform some detailed work, had a limited but adequate ability to concentrate, and could adapt to moderate levels of stress. Robert Spangler evaluated Car-mack in February of 2001 and concluded that she has “borderline to low-average intelligence.” His report reveals that Car-mack complained of trouble concentrating and a loss of short-term memory. None of the professionals who examined Carmack described her as mentally retarded.

Pursuant to 42 U.S.C. § 405(g), we may review the Commissioner’s final decisions. Where, as here, the Appeals Council denies review, the ALJ’s decision stands as the final decision of the Commissioner. Wilson v. Comm’r Soc. Sec., 378 F.3d 541, 543-44 (6th Cir.2004). “The findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive____” 42 U.S.C. § 405(g). Substantial evidence is more than a “mere scintilla” of evidence, but less than a preponderance; it is defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)).

Carmack argues that the ALJ’s finding that her impairments do not render her disabled due to mental retardation is not supported by substantial evidence. To establish disability, a claimant must [560]*560show: 1) the existence of a medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than twelve months; and 2) that her impairments render her unable to engage in any substantial gainful activity for at least twelve consecutive months. 42 U.S.C. § 1382c(a)(3)(A). The claimant carries the burden of proving that she is disabled. 20 C.F.R. § 416.912(a).

The Commissioner has promulgated regulations that set forth a five-step sequential process for analyzing disability claims. See 20 C.F.R. § 416.920(a)(4). Applying this formula, the ALJ found that Carmack had satisfied the first two steps and proceeded to the third step. A finding of “disabled” will be made at the third step if the claimant can demonstrate that her impairment meets the durational requirement and “meets or equals a listed impairment.” Foster v. Halter, 279 F.3d 348, 354 (6th Cir.2001) (quoting 20 C.F.R. § 404.1520(d)). The third step states, in pertinent part, “[i]f you have an impairments) that meets or equals one of our listings in appendix 1 to subpart P of part 404 of this chapter and meets the duration requirement, we will find that you are disabled.” 20 C.F.R. § 416.920(a)(4)(iii). Subpart 12.05 of appendix 1 to subpart P of part 404 defines “mental retardation” as “significantly subaverage general intellectual functioning with deficits in adaptive functioning initially manifested during the developmental period; i.e., the evidence demonstrates or supports onset of the impairment before age 22.” Subpart 12.05 contains four criteria.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jerry Joyce v. Comm'r of Social Security
662 F. App'x 430 (Sixth Circuit, 2016)
BLANCAS v. Astrue
690 F. Supp. 2d 464 (W.D. Texas, 2010)
Randall v. Astrue
570 F.3d 651 (Fifth Circuit, 2009)
West v. Commissioner Social Security Administration
240 F. App'x 692 (Sixth Circuit, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
147 F. App'x 557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carmack-v-barnhart-ca6-2005.