Heather Hurst v. Carolyn Colvin, Acting Cmsnr

639 F. App'x 1018
CourtCourt of Appeals for the Fifth Circuit
DecidedFebruary 12, 2016
Docket15-30462
StatusUnpublished
Cited by1 cases

This text of 639 F. App'x 1018 (Heather Hurst v. Carolyn Colvin, Acting Cmsnr) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heather Hurst v. Carolyn Colvin, Acting Cmsnr, 639 F. App'x 1018 (5th Cir. 2016).

Opinion

PER CURIAM: *

After the Social Security Administration denied Heather Hurst’s application for disability insurance benefits, Hurst filed a complaint in district court seeking review of the decision. The district court affirmed the denial of benefits and Hurst appealed. We affirm the district court and uphold the denial of benefits as supported by substantial evidence.

I

Hurst applied for disability benefits in November 2010, alleging a disability dating back to October 2009 based on lupus, plaque psoriasis, and depression. Her application for benefits stated that she worked as an assistant director and then as a director at a daycare facility but had to stop working due to her symptoms, which included joint pain, swelling, and lesions over much of her body. After her application was denied, she requested and received an administrative hearing.

The administrative law judge (ALJ) concluded that Hurst was not disabled for purposes of the Social Security Act; As relevant here, the ALJ found that al *1020 though Hurst’s obesity and psoriatic arthritis were severe impairments, she did not have an impairment listed in Appendix 1 of the regulations and retained the residual functional capacity to perform sedentary work, including her prior position as a daycare director. 1 The agency’s Appeals Council denied review,

Hurst then filed a complaint in district court. The district court affirmed the agency’s denial of benefits, adopting the magistrate judge’s recommendation and report. That report concluded that the agency’s decision was supported by substantial evidence. It noted that while the ALJ erroneously stated that Hurst failed to argue that her conditions satisfied the requirements of any impairment listed in Appendix 1, that error was harmless. Hurst timely appealed.

II

Our review of disability benefit determinations “is limited under 42 U.S.C. § 405(g) to two inquiries: (1) whether substantial evidence of record supports the decision; and (2) whether the decision comports with proper legal standards.” 2 “In applying the ‘substantial evidence’ standard, we ‘may not reweigh the evidence in the record, nor try the issues de novo, nor substitute the Court’s judgment’ ” for the judgment of the ALJ. 3

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 last for a continuous period of not less than 12 months.” 4 By regulation, the Social Security Administration follows a five-step process to determine whether a claimant is disabled. 5 In the first two steps, not at issue here, the claimant must show she is not currently engaged in substantial gainful activity and has a severe impairment. 6 Third, she must show that her impairment “meets or equals the severity of an impairment listed” in Appendix l. 7 If she makes such a showing, the inquiry is at an end and the claimant is entitled to benefits; 8 otherwise, we proceed to step four, in which she must show her impairment “prevents [her] from doing past relevant work.” 9 If she does so, she is entitled to benefits unless, at step five, the agency shows that the impairment does not prevent her from “mak[ing] an adjustment to other work.” 10

III

A

Hurst first contends that the ALJ applied the incorrect legal standard at step three of the analysis by failing to consider Hurst’s eligibility for benefits under § 8.05 *1021 of Appendix 1, which concerns “extensive skin lesions that persist for at least 3 months despite continuing treatment as prescribed.” 11

As an initial matter, we acknowledge that the ALJ’s statement that Hurst “advanced no argument that he [sic] has a condition which meets ... the requirements of a listed impairment” was incorrect. Indeed, Hurst’s attorney argued in the pre-hearing brief and at the hearing that Hurst’s impairments met or were equivalent to sections 8.05 (dermatitis) and 14.09 (inflammatory arthritis) of Appendix I. Hurst, citing this court’s decision in Audler v. Astrue, 12 argues that the ALJ’s failure to address her section 8.05 claim requires remand because the decision denying benefits amounts to a “bare conclusion ... beyond meaningful judicial review.”

Audler, however, does not stand for the proposition that the ALJ’s failure to address a claimant’s argument always warrants remand. After determining that the ALJ’s conclusory rejection of Audler’s argument was not supported by a reasoned discussion of the issues, this court then inquired whether that error was harmless. 13 “Procedural perfection in administrative proceedings is not required,” we noted, “as long as the substantial rights of a party have not been affected.” 14 We remanded Audler’s claim for further proceedings only after analyzing the record, which included uncontradicted evidence of severe limitations, and concluding that “[a]bsent some explanation from the ALJ to the contrary, Audler would appear to have met her burden of demonstrating” that her condition met the requirements of a condition listed in Appendix l. 15 Whether Hurst’s claims require remand depends on whether the ALJ’s error “cast[s] into doubt the existence of substantial evidence to support the ALJ’s decision,” the question to which we now turn. 16

B

Hurst claims the administrative decision denying benefits at step three “include[d] material misstatements of fact” and “neglected to consider highly relevant evidence.” She seeks, among other things, a remand to determine whether her conditions qualified as an impairment under section 8.05 of Appendix 1.

Section 8.05 is the listing for “dermatitis ... with extensive skin lesions that persist for at least 3 months despite continuing treatment as prescribed.” “Extensive skin lesions,” in turn, “are those that involve multiple body sites or critical body areas, and result in a very serious limitation.” 17

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Bluebook (online)
639 F. App'x 1018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heather-hurst-v-carolyn-colvin-acting-cmsnr-ca5-2016.