Karen Ash v. Carolyn W. Colvin

812 F.3d 686, 2016 U.S. App. LEXIS 1855, 2016 WL 423769
CourtCourt of Appeals for the Eighth Circuit
DecidedFebruary 4, 2016
Docket15-1133
StatusPublished
Cited by23 cases

This text of 812 F.3d 686 (Karen Ash 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
Karen Ash v. Carolyn W. Colvin, 812 F.3d 686, 2016 U.S. App. LEXIS 1855, 2016 WL 423769 (8th Cir. 2016).

Opinions

COLLOTON, Circuit Judge.

Karen Ash appeals the judgment of the district court1 affirming the denial of her application for Social Security disability insurance benefits and supplemental security income. We affirm.

I.

Karen Ash applied for disability insurance benefits and supplemental security income, claiming a disability onset date of June 26, 2010. Ash asserted that she was unable to work due to a back injury, arthritis, depression, headaches, irritable bowel syndrome, problems with her hands and' heels, and mild mental retardation. Ash had been employed at, a Family Dollar [688]*688store for approximately ten years before June 2010.

On October 15, 2010, Ash completed a Function Report outlining her daily activities in support of her claim. She stated that she lived alone and prepared her own meals. She did her own cleaning and laundry without help from others but noted that these chores sometimes took all day. Ash drove her mother’s car and said that she went shopping with her mother for “basic stuff.” Ash asserted that she could pay bills, count change, handle a savings account, and use a checkbook. Ash used a computer and spent time socializing with her daughter on Facebook but stated that she could not sit for a long period of time without back pain. She further reported difficulty lifting, bending, kneeling, squatting, and sitting.

Dr. Dennis Vowell conducted a mental diagnostic evaluation, and intellectual assessment of Ash in November 2010. Ash reported that she had difficulty with reading comprehension but could read and understand the newspaper. Ash graduated from high school, although she was placed in resource classes for help with reading and math beginning in elementary school. Dr. Vowell administered a Wechsler Adult Intelligence Scale, Fourth Edition test (WAIS-IV), and Ash received a full scale IQ score of 57, a verbal comprehension index score of 70, a perceptual reasoning index score of 63, a working memory index score of 58, and a processing speed score of 62. Dr. Vowell observed that Ash was cooperative and appeared to put forth her best effort throughout the testing. He ultimately found the IQ test to be “a valid assessment of [Ash’s] current intellectual functioning” and noted that her scores were “well below the average range in all areas assessed by the WAIS-IV.” Dr. Vowell concluded that “[c]urrent intellectual assessment, education history, and adaptive functioning indicate [Ash’s] current level of intellectual functioning falls within the mild range of mental retardation.”

In responding to a question about how Ash’s mental impairments interfered with her daily adaptive functioning, however, Dr. Vowell described no interference. He noted that Ash was capable of driving unfamiliar routes, shopping independently, managing her own finances, and completing basic household chores and other basic activities of daily living. Dr. Vowell observed that Ash displayed “mild to moderate difficulty responding adequately to basic assessment of attention and concentration capacity.” He further reported that Ash was capable of adequate and socially appropriate communication, was able to respond to questions without remarkable slowing or distraction, had adequate persistence, and was able to perform tasks within a basically acceptable time frame.

Dr. Abesie Kelly, a medical consultant, reviewed Ash’s medical records in December 2010 at the request of the Social Security Administration. Dr. Kelly noted that Ash’s IQ scores and placement in special education classes were consistent with a diagnosis of mental retardation. Yet Dr. Kelly observed that Ash’s ten-year work history at Family Dollar was considered skilled employment. Dr. Kelly noted that while Ash may have some problems functioning, her “symptoms do not preclude her from engaging in simple, repetitive, routine tasks.” Dr. Kelly opined that Ash was capable of performing work where interpersonal contact is incidental to work performed, where complexity of tasks is learned and performed by rote, where there are few variables and little judgment, and where the supervision required is simple, direct, and concrete — namely, [689]*689unskilled work. A second medical consultant affirmed Dr. Kelly’s assessment.

The agency denied Ash’s claims after an initial review and on reconsideration. Ash requested a hearing before an administrative law judge (“ALJ”). At the hearing, Ash testified that she formerly worked as a cashier at Family Dollar but left that job due to “management stress” and because she was denied leave to visit her daughter. Ash stated that she required frequent reminders to complete her tasks and that a new manager was less accommodating to her need for reminders than her previous supervisor. She testified that she could not calculate in her head the correct change to give a customer, but that she could distribute change when the cash register showed the proper amount. Ash stated that she required help in keeping a checking account, that her parents paid her utility bills, and that she received public assistance to pay her rent and buy food. Ash’s father testified that he helped Ash with rent and transportation. Ash’s father also said that he had to repeat things to Ash when he helped her with her schoolwork as a child.

A vocational expert testified that Ash’s past work as a retail store cashier was classified as semi-skilled. The ALJ asked the vocational expert whether an individual with certain characteristics could perform Ash’s past work: a person with Ash’s age and education who was capable of light work with incidental interpersonal contact, who learned tasks through repetition and demonstration, who required few variables and little judgment in the work performed, and who required simple, direct, and concrete supervision. The vocational expert testified that such a person would be unable to perform Ash’s past work due to the interpersonal contact required and the semi-skilled nature of the job. The vocational expert opined, however, that such a person could perform work as a housekeeper or a factory work assembler. The ALJ asked whether these jobs would remain available if the individual required eight hours of absence a month and monthly reminders of job duties, and the vocational expert stated that the factory work would be eliminated but that such a person could perform work as a housekeeper or a cafeteria attendant.

The ALJ concluded that Ash was not entitled to a conclusive presumption of disability because her impairments did not meet or medically equal one of the listed impairments in the social security regulations. The ALJ then found that Ash had the residual functional capacity to perform light work and that jobs suitable for Ash existed in significant numbers in the national economy. The Appeals Council denied Ash’s request for review. The district court upheld the Commissioner’s decision. Ash appeals, arguing that the ALJ’s conclusion is not supported by substantial evidence.

II.

We review de novo the district court’s decision affirming the denial of social security benefits and will affirm “if the Commissioner’s decision is supported by the substantial evidence on the record as a whole.” McNamara v. Astrue, 590 F.3d 607, 610 (8th Cir.2010) (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.” McKinney v. Apfel,

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Bluebook (online)
812 F.3d 686, 2016 U.S. App. LEXIS 1855, 2016 WL 423769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/karen-ash-v-carolyn-w-colvin-ca8-2016.