Rebecca Hethcox v. Commissioner of Social Security

638 F. App'x 833
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 16, 2015
Docket15-11638
StatusUnpublished
Cited by11 cases

This text of 638 F. App'x 833 (Rebecca Hethcox 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
Rebecca Hethcox v. Commissioner of Social Security, 638 F. App'x 833 (11th Cir. 2015).

Opinion

PER CURIAM:

Rebecca Hethcox appeals the district court’s order affirming the Social Security Administration’s (SSA) denial of disability insurance benefits and supplemental security income pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3). On appeal, Hethcox argues that: (1) the Administrative Law Judge (ALJ) failed to fulfill his duty to fully and fairly develop the record; (2) the Appeals Council failed to provide a meaningful review of new evidence submitted to it after the ALJ’s decision; (3) the Appeals Council erred in failing to find that Hethcox met the mental impairment requirements in Listing 12.05(C); 1 and (4) the district court incorrectly imposed a good cause requirement to the evidence first submitted to the Appeals Council. After careful review, we affirm in part and vacate and remand in part.

When an ALJ denies benefits and the Appeals Council denies review of the ALJ’s decision, we review the ALJ’s decision as the Commissioner’s final decision. Doughty v. Apfel, 245 F.3d 1274, 1278 (11th Cir.2001). We consider the Commissioner’s factual findings conclusive if they are supported by substantial evidence “consisting of such relevant evidence as a reasonable person would accept as adequate to support a conclusion.” Id. (quotation omitted); see also 42 U.S.C. § 405(g). Even if we .find that the evidence weighs against the Commissioner’s decision, we must affirm if the decision is supported by substantial evidence. Barnes v. Sullivan, 932 F.2d 1356, 1358 (11th Cir.1991) (per curiam). “This limited review precludes deciding the facts anew, making credibility determinations, or re-weighing the evidence.” Moore v. Barnhart, 405 F.3d 1208, 1211 (11th Cir.2005) (per curiam).

In contrast, we review de novo the Commissioner’s legal conclusions. Id. If the Commissioner fails to apply the correct law or to provide the reviewing court with sufficient reasoning for determining whether the proper legal analysis has been done, reversal is required. Cornelius v. Sullivan, 936 F.2d 1143,1145-46 (11th Cir. 1991). We also review de novo the judgment of the district court. Ingram v. Comm’r of Soc. Sec. Admin., 496 F.3d 1253, 1260 (11th Cir.2007).

I.

Hethcox first argues that the ALJ failed to fully and fairly develop the rec *835 ord. The claimant bears the burden of proving that she is disabled, and is therefore responsible for producing evidence to support her claim. Ellison v. Barnhart, 355 F.3d 1272, 1276 (11th Cir.2003) (per curiam). However, “[b]ecause a hearing before an ALJ is not an adversary proceeding, the ALJ has a basic obligation to develop a full and fair record.” Cowart v. Schweiker, 662 F.2d 731, 735 (11th Cir.1981). This obligation exists even if the claimant is represented by counsel. Id.

Hetheox contends that the record before the ALJ included numerous suggestions that she might function at a low cognitive level: she only completed the ninth grade, worked unskilled jobs, and could not help her daughter with her homework. In addition, Dr. Donald W. Blanton, who first examined Hetheox at the SSA’s request, estimated that her intelligence was below average. On the basis of this information, Hetheox argues that the ALJ should have requested objective IQ testing and a psychiatric evaluation to determine if she had a mental impairment.

However, Hetheox did not allege a mental disability in her disability report, instead listing fibromyalgia, depression, and neck problems as her conditions. Heth-cox’s testimony about her impairments and Dr. Blanton’s initial report indicating that she had below-average intelligence did not require the ALJ to order a consultative examination. See Ingram, 496 F.3d at 1269 (“The administrative law judge ... is not required to order a consultative examination as long as the record contains sufficient evidence for the administrative law judge to make an informed decision.”).

Even if the ALJ failed to fully develop the record, Hetheox was not prejudiced. On January 3, 2013, Hetheox appealed the ALJ’s denial of benefits. She then filed with the Appeals Council her educational records and the results of a second evaluation with Dr. Blanton, which included a diagnosis of mild mental retardation and an IQ score of 67. By doing so, Hetheox cured any deficiencies in the record. We affirm the district court’s judgment that the ALJ fulfilled his duty to fully and fairly develop the record.

II.

Hetheox next argues that the Appeals Council failed to adequately review her educational records and Dr. Blanton’s second evaluation. The Appeals Council considers additional evidence submitted by a claimant if it is new, material, and chronologically relevant. 20 C.F.R. § 416.1470(b). The Appeals Council must then decide if the new information renders the ALJ’s “action, findings, or conclusion ... contrary to the weight of the evidence currently of record.” Id. “[Wjhen a claimant properly presents new evidence to the Appeals Council, a reviewing court must consider whether that new evidence renders the denial of benefits erroneous.” Ingram, 496 F.3d at 1262.

In order to determine whether a claimant is disabled, the SSA applies a five-step sequential evaluation. See 20 C.F.R. § 404.1520(a)(1). First, the SSA will not find a claimant disabled if she is capable of substantial gainful activity. Id. § 404.1520(a)(4)(i). If she is not, the SSA will consider if the claimant has a severe medically determinable physical or mental impairment. Id. § 404.1520(a)(4)(h). If she does, the SSA will next determine if the claimant has a disability that meets or equals one listed in the appendix and meets the durational requirements. Id. § 404.1520(a)(4)(iii). If the claimant’s impairment meets or is equal to one of the listed impairments, she qualifies for benefits without further inquiry. Sullivan v. Zebley, 493 U.S. 521, 525, 110 S.Ct. 885, 889, 107 L.Ed.2d 967 (1990). If it does *836

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638 F. App'x 833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rebecca-hethcox-v-commissioner-of-social-security-ca11-2015.