Kimberly Smith-Johnson v. Comm'r of Social Security

579 F. App'x 426
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 8, 2014
Docket13-1696
StatusUnpublished
Cited by213 cases

This text of 579 F. App'x 426 (Kimberly Smith-Johnson v. Comm'r of Social Security) 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
Kimberly Smith-Johnson v. Comm'r of Social Security, 579 F. App'x 426 (6th Cir. 2014).

Opinion

OPINION

BARRETT, District Judge.

Plaintiff-Appellant Kimberly Smith-Johnson appeals the district court’s summary judgment decision upholding the Defendant-Appellee Commissioner of Social Security’s denial of Smith-Johnson’s petition for Disability Insurance Benefits and Supplemental Security Income under the Social Security Act. Because the district court correctly determined that the Administrative Law Judge was not required to assess Smith-Johnson’s cognitive abilities under Listing 12.05(C) and that the Administrative Law Judge properly accounted for Smith-Johnson’s specific limitations in the Residual Functional Capacity assessment and the hypothetical question presented to the Vocational Expert, we AFFIRM.

I. BACKGROUND

A. Factual Summary

Smith-Johnson, born September 26, 1962, is a high school graduate. She has had many difficulties with interpersonal relationships, which are evidenced in part by her taking night school to avoid peers, getting kicked out of the military for difficulty with authority, and being denied a job due to inappropriate behavior towards her co-workers. Nevertheless, she has held multiple jobs, including jobs as a disability trainer, a home health aide, and a packager. Her last job was as a seasonal packager between May 2008 and September 2008, after her alleged disability onset date. Generally, Smith-Johnson spends her days doing chores such as laundry and washing dishes. She also cares for her grandson and reads “a lot.”

Smith-Johnson’s psychological treatment records begin around January 2008. Around that time, therapist Laverne McGowan indicated Smith-Johnson exhibited signs of bipolar disorder. Included among Smith-Johnson’s treatment records are notes that Smith-Johnson displayed average intelligence, as well as normal judgment and memory. As to Smith-Johnson’s behavior, McGowan indicated Smith-Johnson poorly adapts to change, avoids conflicts or deals inappropriately with conflict, exhibits low tolerance for rejection during job seeking, will lack initiative and energy to look for work independently, will have difficulty functioning in a competitive work environment, and will have difficulty maintaining punctuality and attendance. 1

On April 29, 2008, Smith-Johnson submitted to a psychological evaluation by Mary P. Koopman, a licensed professional counselor and limited licensed psychologist, which was eosigned by P. Douglas Callan, Ph.D., a licensed psychologist. Part of the evaluation consisted of testing *428 on the Weschler Adult Intelligence Scale, III (“WAIS-III”). On the WAIS-III test, Smith-Johnson obtained a Full Scale IQ score of 76 (borderline), a Verbal IQ score of 69 (extremely low), and a Performance IQ score of 89 (low average). Koopman found Smith-Johnson’s overall intellectual functioning difficult to summarize by the Full Scale IQ score “because there are large discrepancies between the scores that compose the Verbal and the Performance scales.” R. 9-8, at 224. Koopman concluded that Smith-Johnson’s Performance IQ score is the “better measure of her innate ability.” R. 9-7, at 229. Smith-Johnson also was evaluated on the Weschler Individual Assessment Test CWIAT-II”). On the WIAT-II, Smith-Johnson received a “borderline” score for reading comprehension, which Koopman identified as a “specific area of difficulty for [Smith-Johnson] relative to her overall ability.” R. 9-7, at 226. Koopman assessed Smith-Johnson as having a reading disorder and “Deferred” (meaning she had insufficient information for) a determination on Axis II (Personality Disorders). Koopman advised against Smith-Johnson seeking work that involved “children, elderly or the ill” due to her past mental-health symptoms and potential to act out, but she indicated that Smith-Johnson could work as a receptionist, secretary, legal assistant (with some challenges due to weak reading and math abilities), or medical biller, provided her psychological symptoms were stabilized. At the time of the evaluation, Smith-Johnson had reported she was not receiving treatment for her symptoms.

In April 2009, Rom Kriauciunas, Ph.D., a state agency consultant, performed a nonexamining Psychiatric Review Tech-ñique. For Listing 12.05 concerning mental retardation (now referred to as “intellectual disability”), 2 he checked the box for the diagnostic definition and for the severity criteria of a valid Verbal, Performance, or Full Scale IQ of 60 through 70, but he did not check a box indicating she met or equaled a listing. Instead, Dr. Kriauciu-nas checked the box for “RFC Assessment Necessary[.]” Dr. Kriauciunas further noted moderate limitations in maintaining social functioning and concentration, persistence, and pace, but he found no episodes of decompensation. He concluded that Smith-Johnson was able to perform unskilled work and simple tasks on a sustained basis. He also indicated that Smith-Johnson was moderately limited in her ability to understand, remember, and carry out detailed instructions, to maintain attention and concentration for extended periods, to interact with the general public, and to respond to changes at work.

In May 2009, Nikhil Vora, M.D. noted in a psychiatric evaluation that Smith-Johnson exhibited signs of a mood disorder, an anxiety disorder, and major depression. Although he found her emotional reaction was flat, he indicated that she displayed fair insight, judgment, and memory. He also noted that Smith-Johnson previously had responded well to medications, and he put her on a treatment plan. In June 2009 and September 2009, medication reviews indicated that Smith-Johnson responded favorably to medications. In December 2009, Smith-Johnson submitted to a psychosocial assessment by a non-physician, who noted that Smith-Johnson’s judgment and insight were fair, but that her cognitive functioning, finances, physical health, social skills, and impulse control were a concern. In or around March 2010, psy *429 chiatrist David Villa performed a psychological intake evaluation in which he noted that Smith-Johnson appeared depressed and agitated, exhibited “average” intelligence with fluctuating memory and concentration, and exhibited poor insight and judgment.

B. Administrative Review

Smith-Johnson filed an application for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”) on December 5, 2008, alleging she became disabled on January 1, 2008. 3 After initial administrative denials of her application, Smith-Johnson was given a hearing before the Administrative Law Judge (“ALJ”) that was held on July 28, 2010. At the hearing, Vocational Expert (“VE”) Michele Robb testified. The ALJ posed the following hypothetical to the VE:

[A]ssume a person of the claimant’s age, education, and past work, who’s able to perform light work as defined by the regulations, except that she is limited to occasional foot control operation with her left lower extremity. She can only occasionally climb, crouch, kneel, or crawl. And she can frequently balance or stoop. She is limited to occasional overhead reaching with her right upper extremity. She has non-exertional limitations in that she is limited to simple, routine, and repetitive tasks and must avoid contact with the general public.

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579 F. App'x 426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimberly-smith-johnson-v-commr-of-social-security-ca6-2014.