RaShina Young v. Michael J. Astrue

702 F.3d 489, 2013 U.S. App. LEXIS 12, 2013 WL 11735
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 2, 2013
Docket12-2041
StatusPublished
Cited by17 cases

This text of 702 F.3d 489 (RaShina Young v. Michael J. Astrue) 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
RaShina Young v. Michael J. Astrue, 702 F.3d 489, 2013 U.S. App. LEXIS 12, 2013 WL 11735 (8th Cir. 2013).

Opinions

RILEY, Chief Judge.

RaShina Young appeals from the district court’s1 decision affirming the Commissioner of Social Security’s denial of social security benefits. We affirm.

I. BACKGROUND

On June 17, .2008, Young applied for supplemental- security income and disability insurance benefits under the Social Security Act. Young alleged disability beginning on May 16, 2006, due to painful noncancerous tumors in her arms, leg, and feet known as osteochondromas, as well as “carpal tunnel syndrome of the right hand ..., deformity of the right forearm, and knee and back pain.” After the Commissioner initially denied Young’s claims, she sought a hearing before an administrative law judge (ALJ).

At the time of the hearing, Young was twenty-eight years old, had a tenth-grade education, and lived with her two children and parents. Young testified she is right-handed and her medical impairments caused her right hand and arm to be weak and drop many items. Young further reported she has difficulty standing or driving a vehicle long distances, and takes pain medication for her “excruciating” pain. Young stated she could carry fifteen pounds for a short period of time, but could not lift twenty pounds or more, and could stand in one place for about thirty minutes. Young also reported she commonly spends the day taking care of her thirty-pound, nineteen-month-old daughter, and does housework, cooking, and tries to walk two miles each day. Young additionally testified she was previously employed as a factory worker, a hotel maid, and a nurse’s assistant at a nursing home, but stated her disability had caused her to quit or be terminated from her jobs after May 16, 2006, because of her inability to perform the work duties.

The ALJ also considered various medical reports and the testimony of a vocational expert, who stated that a person with a residual functional capacity (RFC) to perform light work could perform Young’s past jobs of factory packer and assembler. The report of Dr. Sudhir Kumar’s general physical examination of Young indicated, besides her history of osteochondromas, Young had a deformed right forearm that moderately to severely limited her ability to handle objects. Dr. Kumar also noted, however, that Young retained other capabilities, such as full range of motion in her spine and extremities, normal muscle strength, and no sensory abnormalities. Dr. Jim Takach reported Young had the ability to lift or carry twenty pounds occasionally and ten pounds frequently, stand for six hours in an eight hour workday, and sit for six hours in an eight hour workday. Dr. Takach concluded Young “retain[ed] the ability to function with LIGHT Work limits” with the “added restriction of NO rapid repetitive” movements of the right wrist.

Evaluating Young’s claim for social security benefits pursuant to the five-step sequential evaluation process promulgated in 20 C.F.R. § 404.1520(a)(4), the ALJ determined: (1) Young “ha[d] not engaged in substantial gainful activity since May 16, 2006, the alleged onset date”; (2) Young [491]*491had severe impairments, including osteochondromas and right hand, post-release, carpal tunnel syndrome; (3) these impairments did not “meet[ ] or medically equal[ ] one of the listed impairments”; (4) Young had the RFC “to perform light work”; (5) Young “is capable of performing past relevant unskilled light work as a factory packer ... and ... factory assembler”; and (6) Young “ha[d] not been under a disability, as defined in the Social Security Act,” to receive social security benefits.

The Social Security Administration Appeals Council denied further review of the ALJ’s decision, and the district court affirmed. Young appeals to this court, contending the ALJ’s determination that Young could perform her past relevant work as a factory packer and assembler lacked specific findings and is not supported by substantial evidence.

II. DISCUSSION

Because the Appeals Council denied review, the ALJ’s decision is the final decision of the Commissioner. See Davidson v. Astrue, 501 F.3d 987, 989 (8th Cir. 2007). “We review the district court’s decision de novo, and will affirm if the Commissioner’s decision is supported by substantial evidence in the record as a whole.” Id. Substantial evidence is defined as “less than a preponderance but is enough that a reasonable mind would find it adequate to support the conclusion.” Kluesner v. Astrue, 607 F.3d 533, 536 (8th Cir.2010) (quoting Finch v. Astrue, 547 F.3d 933, 935 (8th Cir.2008)) (internal quotation marks omitted). While we must “consider the evidence that supports the Commissioner’s decision as well as the evidence that detracts from it,” if “we find it possible to draw two inconsistent positions from the evidence and one of those positions represents the Commissioner’s findings, we must affirm the denial of benefits.” Id. (quoting Finch, 547 F.3d at 935) (internal quotation marks omitted).

At the fourth step in the five-step sequential evaluation process for determining eligibility for social security benefits, an ALJ compares a claimant’s RFC assessment “with the physical and mental demands of [the claimant’s] past relevant work.” 20 C.F.R. § 404.1520(f). If the ALJ determines the claimant can perform her past relevant work, the claimant is not disabled. See id. In making this determination, an “ALJ has a duty to fully investigate and make explicit findings as to the physical and mental demands of a claimant’s past relevant work and to compare that with what the claimant herself is capable of doing before [the ALJ] determines that she is able to perform her past relevant work.” Nimick v. Sec’y of Health & Human Servs., 887 F.2d 864, 866 (8th Cir.1989); see also Groeper v. Sullivan, 932 F.2d 1234, 1238-39 (8th Cir.1991). Young contends the ALJ failed to discharge this duty and lacked substantial evidence to conclude Young possessed the RFC to perform her past relevant work as a factory packer and assembler given her manipulative limitations.

To begin, we reject Young’s contention to the extent she alleges the ALJ failed to develop the record or make explicit findings regarding the mental and physical demands of Young’s past relevant work as a factory packer and assembler. “The ALJ may discharge this duty by referring to the specific job descriptions in the Dictionary of Occupational Titles [ (DOT) ] that are associated with the claimant’s past work.” Pfitzner v. Apfel, 169 F.3d 566, 569 (8th Cir.1999). The ALJ expressly referred to the DOT in his decision, stating: “The claimant is capable of performing past relevant unskilled light work as a factory packer as described in [492]*492...

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bergman v. Colvin
D. Nebraska, 2025
Miller v. O'Malley
E.D. Missouri, 2024
DeMariano v. O'Malley
E.D. Missouri, 2024
Farandato v. Kijakazi
W.D. Missouri, 2022
Schler v. Saul
E.D. Missouri, 2022
Marshall v. Kijakazi
E.D. Missouri, 2021
Tallman v. Saul
E.D. Missouri, 2021
Briegel v. Saul
W.D. Missouri, 2021
Pemberton v. Berryhill
W.D. Missouri, 2020
Darnell v. Berryhill
W.D. Missouri, 2019
Briegel v. Berryhill
W.D. Missouri, 2017
Kandi Cline v. Carolyn W. Colvin
771 F.3d 1098 (Eighth Circuit, 2014)
McKinney v. Colvin
973 F. Supp. 2d 1011 (E.D. Missouri, 2013)
Rodney Bell v. Carolyn W. Colvin
527 F. App'x 595 (Eighth Circuit, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
702 F.3d 489, 2013 U.S. App. LEXIS 12, 2013 WL 11735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rashina-young-v-michael-j-astrue-ca8-2013.