Katherine Johnson v. Carolyn Colvin

788 F.3d 870, 2015 U.S. App. LEXIS 9728, 2015 WL 3622255
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 11, 2015
Docket14-3041
StatusPublished
Cited by36 cases

This text of 788 F.3d 870 (Katherine Johnson v. Carolyn 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
Katherine Johnson v. Carolyn Colvin, 788 F.3d 870, 2015 U.S. App. LEXIS 9728, 2015 WL 3622255 (8th Cir. 2015).

Opinion

RILEY, Chief Judge.

Katherine Johnson appeals after the district court 1 affirmed the Social Security Administration’s (SSA) denial of Johnson’s application for supplemental security income (SSI). See 42 U.S.C. § 1381 et seq. Because there is substantial evidence supporting the administrative law judge’s (ALJ) conclusion that Johnson was not disabled under the Social Security Act, see id. § 1382c, we affirm. 2

I. BACKGROUND

Johnson suffers from a number of severe impairments, including chronic asthma, morbid obesity, borderline intellectual functioning, depression, anxiety, and post-traumatic stress disorder. Most relevant to this appeal is whether Johnson has an intellectual disability, as defined by the SSA. See 20 C.F.R. Pt. 404, subpt. P, app. 1 § 12.05. 3

At the request of the SSA, Charles M. Spellmann, Ph.D., examined Johnson on May 25, 2010. After conducting a series of cognitive tests, Dr. Spellmann reported Johnson was not “functioning within or hear the mentally retarded range.” He observed Johnson could “sustain concentration and persistence in completing tasks” and “cope with the cognitive demands of work like tasks,” and any of Johnson’s “[mjental impairments d[id] not significantly interfere with her day to day adaptive functioning.”

To determine Johnson’s eligibility for Vocational Rehabilitation Services, Michael Nicholas, Ph.D., conducted a psychological evaluation of Johnson on July 12, 2010. Dr. Nicholas performed a series of cognitive tests, including the Wechsler Adult Intelligence Scale-Fourth Edition intelligence quotient (IQ) test. Dr. Nicholas concluded Johnson had a verbal comprehension IQ of 61, a perceptual reasoning IQ of 79, a working memory IQ of 66, a processing speed IQ of 81, and a full scale IQ of 67. “Based on these scores,” Dr. Nicholas decided “a Mild Mental Retardation diagnosis [wa]s warranted.” Even so, Dr. Nicholas observed that Johnson’s “thought process and content [were] clear and coherent,” and “[h]er concentration and attention were intact.” Dr. Nicholas suggested Johnson “be encouraged to find employment in an occupation that is mechanical in nature, as she showed strength on tasks that require ability to analyze and synthesize abstract stimuli.”

Between June 2010 and February 2011, Johnson occasionally attended counseling. Johnson’s counselors estimated she was of “low average” intelligence and education, and diagnosed her as having “borderline intellectual functioning.”

*872 In February 2010, Johnson applied for SSI. After being denied benefits at the initial and reconsideration stages, an ALJ heard Johnson’s case on September 17, 2012. Before the ALJ, Johnson testified she had attended some special education classes in school; struggled with algebra, “some reading,” and history; and ultimately dropped out of school after completing the ninth grade because she started having children. Johnson also explained she can write and “can read a little,” yet has never worked and does not have a driver’s license. Johnson can take the bus, goes to the store, visits relatives, can count change, does housework weekly, cooks “complete meals with several courses” for her son, and “can follow a recipe word for word.”

Applying the “five-step sequential process [used] for evaluating disability claims,” Hill v. Colvin, 753 F.3d 798, 800 (8th Cir.2014), the ALJ found Johnson had a number of severe impairments, including “borderline intellectual functioning,” but believed these impairments did not meet or medically equal the severity of any listed impairment in 20 C.F.R. Pt. 404, subpt. P, app. 1, including Listing 12.05C. The ALJ denied benefits because she determined Johnson had “the residual functional capacity to perform light work” with some restrictions and, based on the testimony of a vocational expert, there were ample jobs in the market that a person with Johnson’s restrictions could perform. The Appeals Council declined to review the ALJ’s decision, making it the final decision of the Commissioner, see, e.g., Lott v. Colvin, 772 F.3d 546, 548 (8th Cir.2014), and the district court affirmed. Johnson now appeals to this court, arguing only that the ALJ erred in finding Johnson “did not show significant subaverage intellectual functioning prior to age 22 and current deficits in adaptive functioning.”

II. DISCUSSION

“This court reviews de novo a district court’s denial of social security benefits.” Maresh v. Barnhart, 438 F.3d 897, 898 (8th Cir.2006). In evaluating the denial of SSI, “ ![w]e do not reweigh the evidence presented to the ALJ,’ and we defer to the ALJ’s determinations regarding the credibility of testimony, as long as those determinations are supported by good reasons and substantial evidence.” Gonzales v. Barnhart, 465 F.3d 890, 894 (8th Cir.2006) (quoting Baldwin v. Barnhart, 349 F.3d 549, 555 (8th Cir.2003)). “ ‘Substantial evidence is relevant evidence which a reasonable mind would accept as adequate to support the Commissioner’s conclusion.’” Howard v. Massanari, 255 F.3d 577, 581 (8th Cir.2001) (quoting Black v. Apfel, 143 F.3d 383, 385 (8th Cir.1998)).

To meet the listed impairment for intellectual disability, Listing 12.05C requires:

[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 [and]
A valid verbal, performance, or full scale IQ of 60 through 70 and a physical or other mental impairment imposing an additional and significant work-related limitation of function[.]

20 C.F.R. Pt. 404, subpt. P, app. 1 § 12.05C. “Th[e]se requirements clearly include demonstrating that the claimant suffered ‘deficits in adaptive functioning’ and that those deficits ‘initially manifest during the developmental period [before age 22].’ ” Cheatum v. Astrue, 388 Fed.Appx. 574, 576 (8th Cir.2010) (unpublished per curiam) (second alteration in original) (quoting 20 C.F.R. Pt. 404, subpt. P, app. 1 § 12.05).

*873

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Bluebook (online)
788 F.3d 870, 2015 U.S. App. LEXIS 9728, 2015 WL 3622255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katherine-johnson-v-carolyn-colvin-ca8-2015.