Lutisha Minnis v. Commissioner of Social Security

CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 1, 2025
Docket24-11281
StatusUnpublished

This text of Lutisha Minnis v. Commissioner of Social Security (Lutisha Minnis v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lutisha Minnis v. Commissioner of Social Security, (11th Cir. 2025).

Opinion

USCA11 Case: 24-11281 Document: 28-1 Date Filed: 04/01/2025 Page: 1 of 20

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 24-11281 Non-Argument Calendar ____________________

LUTISHA MINNIS, Plaintiff-Appellant, versus COMMISSIONER OF SOCIAL SECURITY,

Defendant- Appellee.

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:23-cv-80406-BER ____________________ USCA11 Case: 24-11281 Document: 28-1 Date Filed: 04/01/2025 Page: 2 of 20

2 Opinion of the Court 24-11281

Before JORDAN, LUCK, and TJOFLAT, Circuit Judges. PER CURIAM: Lutisha Minnis appeals the District Court’s order affirming the Administrative Law Judge’s (“ALJ”) denial of her application for disability insurance benefits and supplemental security income. On appeal, Minnis argues that a new Social Security Ruling (“SSR”) should apply retroactively to her case, the ALJ erred in not properly addressing or assessing her medical conditions, the ALJ failed to properly evaluate the medical opinions and prior administrative medical findings of record, and the ALJ erroneously evaluated her subjective allegations of symptoms and limitations. After careful review, we affirm. I. Minnis filed for disability benefits in December 2020 and for supplemental security income in January 2021. At the time, she was 55 years old. Before her alleged disability onset date, February 14, 2020, Minnis worked as a certified nursing assistant (“CNA”). And before that, she worked as a billing clerk. She claimed that multiple physical impairments contributed to her inability to con- tinue employment as a CNA: a cerebrovascular accident, morbid obesity, osteoarthritis of the knees, rheumatoid arthritis, and mi- graines. She also reported mental impairments of anxiety and de- pression. Her applications were denied initially and upon reconsider- ation. She then requested and received a hearing before an ALJ. In USCA11 Case: 24-11281 Document: 28-1 Date Filed: 04/01/2025 Page: 3 of 20

24-11281 Opinion of the Court 3

her written decision, the ALJ first determined that Minnis had not engaged in substantial gainful activity since the alleged onset date of her disability. The ALJ then concluded that Minnis had a num- ber of severe impairments: morbid obesity, osteoarthritis of the knees, rheumatoid arthritis, and medial compartment arthritis of the left knee. However, the ALJ did not find that Minnis’s mental impairments of anxiety and depression, singly or in combination, more than minimally limited Minnis’s ability to perform basic work activities. The ALJ also determined that Minnis did not have an impairment or combination of impairments meeting the severity of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appen- dix 1. The ALJ then examined Minnis’s residual functional capac- ity in light of her impairments. In doing so, the ALJ extensively considered Minnis’s testimony as well as her medical record. The medical record reflected issues with Minnis’s knees be- ginning in July 2017. She complained of right knee pain to Dr. Eric Shapiro of Orthopaedic Surgery Associates, Inc., who found mild effusion and determined that Minnis’s x-rays showed questionable narrowing to the medial compartment of the right knee. Yet Min- nis remained capable of ambulating without an assistive device, and her upper extremities, lumbar spine, and right hip revealed no major issues. Dr. Shapiro noted Minnis’s morbid obesity and diag- nosed her with moderate to severe right knee arthritis and severe left knee arthritis. Minnis then received injections of Depo-Medrol, Marcaine, Cortisone, and Orthovisc for her knees. USCA11 Case: 24-11281 Document: 28-1 Date Filed: 04/01/2025 Page: 4 of 20

4 Opinion of the Court 24-11281

Between January 2019 and December 2020, Minnis received treatment at Palm Beach Wellness, mostly through Physician Assis- tant (“PA”) Erika Gottlieb. PA Gottlieb continued treating Minnis as her primary care provider through February 2022. By 2022, PA Gottlieb concluded that Minnis had rheumatoid arthritis, osteoar- thritis, morbid obesity, and a history of cerebrovascular accident with mild right hemiparesis. Minnis’s rheumatoid arthritis was sta- ble on Methotrexate and Enbrel, and she ambulated normally, ex- hibited normal motor strength, had no bony abnormalities, and showed no edema in her extremities. But PA Gottlieb’s ultimate opinion indicated that Minnis’s impairments severely impeded her ability to consistently stand, walk, and sit during an 8-hour work- day. Between August 2019 and February 2022, Minnis also re- ceived treatment for complaints of bilateral knee pain and stiffness at Arthritis Associates of South Florida, mostly through Dr. Phillipe Saxe. Dr. Saxe’s examination notes repeatedly recorded obesity and diminished ranges of motion in Minnis’s lumbar spine, shoul- der, and ankles. Minnis’s knees showed crepitus and moderate syn- ovial proliferation. Her ankles also exhibited swelling and tender- ness. But Minnis indicated at some points that she “felt terrific ex- cept for some minor back pain,” that her ankle pain resolved with her injections, and that Methotrexate, Enbrel, and oral steroids all helped control her arthritic issues. In May 2021, Minnis received a physical consultative exami- nation from Dr. Mark Rogovin of Healthcare Associates of Palm USCA11 Case: 24-11281 Document: 28-1 Date Filed: 04/01/2025 Page: 5 of 20

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Beach. He noted Minnis’s morbid obesity, but his examination found no obvious signs of dexterity issues, joint deformity, swell- ing, or other abnormality. He also found no obvious abnormality with her musculoskeletal system. Yet Minnis could only ascend to and descend from the exam table very slowly while leaning on other objects for support. She could ambulate independently and without assistance, albeit with a very slow gait and very short steps due to knee pain. And the range of motion in her lumbar spine, shoulders, ankles, toes, and hips were all reduced or greatly re- duced. She complained of pain in her upper and lower extremities, but the examination indicated “4+/5” strength in those extremi- ties. And Minnis could not provide any specific restrictions in re- gard to sitting, standing, walking, or lying down. Finally, in June 2022 Minnis received treatment for com- plaints of panic attacks, dizziness, and a long-lasting headache at Complete Neurological Care. The physical examination revealed an antalgic and wide gait, as well as an inability to heel, toe, or tan- dem walk. She had a decreased range of motion in her lumbar and cervical spine, but showed full muscle strength and no abnormali- ties in the bilateral upper and lower extremities. Her electroen- cephalogram was normal, and an ultrasound of the right and left carotid arteries demonstrated no issues. As to Minnis’s mental state, the examination indicated she had normal attention and con- centration, and there was no evidence of depression or anxiety. At the hearing before the ALJ on August 3, 2022, Minnis tes- tified to many of the symptoms in her medical record. She claimed USCA11 Case: 24-11281 Document: 28-1 Date Filed: 04/01/2025 Page: 6 of 20

6 Opinion of the Court 24-11281

osteoarthritis in both knees, with severe pain occurring all day— notwithstanding her medication. She reported swelling, stiffness, and general instability in her knees. She claimed she could not sit or stand for a long period of time. She also claimed an inability to walk for more than 15 minutes. She reported pain from rheuma- toid arthritis in her ankles, hands, wrists, shoulders, neck, back, and right hip, which persisted despite her medication.

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Lutisha Minnis v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lutisha-minnis-v-commissioner-of-social-security-ca11-2025.