Kidd v. Commissioner of Social Security Administration

7 F. App'x 483
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 27, 2001
DocketNo. 99-6481
StatusPublished
Cited by3 cases

This text of 7 F. App'x 483 (Kidd v. Commissioner of Social Security Administration) 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
Kidd v. Commissioner of Social Security Administration, 7 F. App'x 483 (6th Cir. 2001).

Opinion

KRUPANSKY, Circuit Judge.

Plaintiff-Appellant Shonda Kidd appeals the lower court’s awarding of summary judgment to Defendant-Appellee Commissioner of Social Security. The district court affirmed an Administrative Law Judge’s finding that Kidd was not disabled within the meaning of the Social Security Act as being supported by substantial evidence in the record.

Kidd is twenty-nine years old, having been born on August 11, 1971. She has been variously diagnosed with right-eye blindness, personality disorder, exogenous • obesity, and borderline intellectual functioning. At the age of eight, she filed her first application for supplemental security income on February 29, 1980. It was denied, but the denial notice is not in her file. She filed her second application at the age of fifteen on November 25, 1986. It was denied as well, with no request for reconsideration.

These denials were vacated in 1991 pursuant to the Supreme Court’s decision in Sullivan v. Zebly, 493 U.S. 521, 110 S.Ct. [485]*485885, 107 L.Ed.2d 967 (1990), which held that “the Secretary’s regulations and rulings implementing the child-disability statute simply do not carry out the statutory requirement that SSI benefits shall be provided to children with ‘any ... impairment of comparable severity’ to an impairment that would make an adult ‘unable to engage in any substantial gainful activity.’ Id at 541” (quoting 42 U.S.C. § 1382c(a)(3)(A) (1982 ed.)). In addition to requesting an additional review of the previous two applications, Kidd, then twenty years old, filed a third application for supplemental security income. The applications were denied by the Social Security Administration (“SSA”) initially and on reconsideration.

Kidd requested review of the denials by an Administrative Law Judge (“ALJ”), before whom hearings were held on March 26, 1993 and May 27, 1993. The ALJ denied the claims on December 10, 1993, finding that Kidd did not suffer from a disability at any time. On December 20, 1993, Kidd appealed the ALJ’s decision to the Appeals Council. On May 19, 1994, the Appeals Council vacated the ALJ’s findings and remanded the matter, concluding that the ALJ had made inconsistent findings: “The decision indicates that, among other impairments, the claimant is blind in the right eye due to a congenital optic nerve defect and is unable to perform work requiring binocular vision. However, in decisional finding number 9, the claimant is found to have the residual functional capacity for a full range of medium work.”

On remand, the ALJ conducted hearings in the matter on August 30, 1994 and March 17, 1995. The ALJ again rendered an unfavorable decision on August 9, 1995, making the following findings of fact:

1. The claimant has never engaged in substantial gainful activity.
2. The claimant has had “severe” blindness in her right eye, borderline intellectual functioning and a personality disorder, but she has not had an impairment or combination of impairments listed in, or medically equal to one listed in 20 C.F.R. Part 404, Subpart P, Appendix 1 [which lists impairments that qualify an individual as “disabled” for purposes of the Social Security Act].
3. The subjective allegations of the claimant and her mother (including those of pain) were not sufficiently credible to support a finding of statutory disability.
4. Since attaining age eighteen, the claimant has been able to perform medium exertional work involving simple instructions and little social interaction, and which does not involve depth perception, close visual work or hazardous environments.1
5. Prior to attaining age eighteen, the claimant was moderately impaired in her cognitive and social domains, had a mild impairment of her ability to maintain concentration, persistence and pace and had no limitation in her communication, motor, and personal/behavioral functions.
6. The claimant has no past relevant work.
7. The claimant was, at the beginning of the period relevant to this decision, eight years old, and is presently twenty-three years old.
8. The claimant has a twelfth grade education.
[486]*4869. Based on an exertional capacity for medium work and the claimant’s age, education, and work experience, Rule 203.28 of 20 C.F.R. Part 404, Subpart P, Appendix 1 would direct a condition of “not disabled” since the time the claimant attained age eighteen.
10. Using the above cited Rule as a framework for decision making, there are a significant number of jobs in the national economy which the claimant can perform. Examples of such jobs are: laboratory equipment cleaner, canteen operator, advertising material distributor, and coat/hat checker.
11. The combined and cumulative impact of the claimant’s impairments before the age of eighteen was not of comparable severity as would preclude work by an adult.
12. The claimant has not been under a “disability,” as defined in the Social Security Act, at any time through the date of this decision.

The Appeals Council denied Kidd’s request for review on October 1, 1997, leaving the ALJ’s decision as the Commissioner’s final word on the matter.

On December 8, 1997, Kidd filed a complaint in the Middle District of Tennessee, asserting that, among other things, the ALJ’s findings were not supported by substantial evidence. On April 22, 1998, Kidd filed a motion for summary judgment. On May 27, 1998, the SSA filed a cross-motion for summary judgment. The matter was referred to a United States Magistrate Judge Joe B. Brown, who submitted a report and recommendation on July 19, 1999, suggesting that the ALJ be affirmed in all respects but one: the case should be remanded to the SSA to determine whether Kidd’s combined impairments at the time of her adult application equaled listing 12.05(c) (“Mental retardation”). On August 25, 1999, the district court rejected the remand recommendation, awarded summary judgment to the Commissioner, affirming the ALJ in all respects. The district court indicated that a review of the ALJ’s findings demonstrated that the ALJ made an equivalency determination, stating that “it is obvious that the [ALJ] considered the cumulative effect of Plaintiffs impairments, including her 74-75 IQ, her blind eye, and her psychological problems. A further remand is unnecessary.” On October 21, 1999, Kidd timely filed her notice of appeal.

“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); see also Richardson v. Perales, 402 U.S. 389, 390, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). “ ‘[Substantial evidence’ [is] ‘more than a mere scintilla.

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7 F. App'x 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kidd-v-commissioner-of-social-security-administration-ca6-2001.