Rhonda Lynn Nichols v. Commissioner, Social Security Administrations

679 F. App'x 792
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 8, 2017
Docket16-11334 Non-Argument Calendar
StatusUnpublished
Cited by22 cases

This text of 679 F. App'x 792 (Rhonda Lynn Nichols v. Commissioner, Social Security Administrations) 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
Rhonda Lynn Nichols v. Commissioner, Social Security Administrations, 679 F. App'x 792 (11th Cir. 2017).

Opinion

PER CURIAM:

Rhonda Lynn Nichols appeals the district court’s order affirming the decision of an administrative law judge (“ALJ”) to deny her applications for disability insurance benefits and social security income, filed pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3). The ALJ found that Nichols suffered from several severe impairments—degenerative disc disease, obesity, depressive disorder, and borderline intellectual functioning—that made her unable to perform her past relevant work, but that Nichols was not disabled because there was other light, unskilled work she could still perform despite her impairments. After review, we affirm.

I. THE FIVE-STEP EVALUATION

A claimant for SSI benefits must prove she is disabled. Moore v. Barnhart, 405 F.3d 1208, 1211 (11th Cir. 2005); 20 C.F.R. § 416.912. Under the five-step sequential evaluation used to determine whether a claimant is disabled, the ALJ considers: (1) whether the claimant is engaged in substantial gainful activity; (2) if not, whether the claimant has a severe impairment or combination of impairments;' (3) if so, whether these impairments meet or equal an impairment listed in the Listing of Impairments; (4) if not, whether the claimant has the residual functional capacity (“RFC”) to perform her past relevant work; and (5) if not, whether, in light of her age, education, and work experience, the claimant can perform other work that exists in “significant numbers in the national economy.” See 20 C.F.R. §§ 416.920(a)(4)(i)-(v), 416.960(c)(2); see also Winschel v. Comm’r of Soc. Sec., 631 F.3d 1176, 1178 (11th Cir. 2011).

The claimant bears the burden to prove the first four steps. If the claimant does so, the burden shifts temporarily to the Commissioner to prove the fifth step. Jones v. Apfel, 190 F.3d 1224, 1228 (11th Cir. 1999); 20 C.F.R. § 416.920(a)(4)(v) & (g).

In considering at the fourth and fifth steps whether a claimant can perform her past relevant work or can perform other work in the economy, the ALJ must deter *794 mine a claimant’s RFC by considering all relevant medical and other evidence. See Phillips v. Barnhart, 357 F.3d 1232, 1238-39 (11th Cir. 2004); see also 20 C.F.R. §§ 404.1520(e), 416.920(e). RFC is a medical assessment of what the claimant can do in a work setting despite any mental, physical, or environmental limitations caused by the claimant’s impairments or related symptoms. 20 C.F.R. §§ 404.1545(a), 416.945(a). RFC includes mental abilities, such as the ability to understand, remember, and carry out instructions or respond appropriately to supervision, coworkers, and work pressure. Id. §§ 404.1545(c), 416.945(c). In assessing the claimant’s RFC, the ALJ must state with particularity the weight given to different medical opinions and the reasons therefore. Sharfarz v. Bowen, 825 F.2d 278, 279 (11th Cir. 1987).

II. ALJ’S FINDINGS

Here, the ALJ found, at steps one and two, that Nichols had not engaged in substantial gainful activity since October 26, 2009, the date she fell off a stool at work, 1 and that she had the severe impairments of “degenerative disc disease, including spondylosis and stenosis, and scoliosis of the lumbar spine, aggravated by [her] fall from a seated position on a stool, with radiation; obesity; depressive disorder; and possible borderline intellectual functioning versus mild mental retardation.”

At step three, the ALJ concluded that Nichols’s impairment or combination of impairments, both physical and mental, did not meet or equal a listed impairment. Specifically, relevant to this appeal, the ALJ determined that Nichols’s intellectual impairments did not meet or equal the intellectual disability listing in Listing 12.05. See 20 C.F.R. pt. 404, subpt. P, app. 1, § 12.05. 2

At step four, the ALJ extensively reviewed Nichols medical records, the opinions of medical sources, and Nichols’s subjective reports and hearing testimony, and concluded that Nichols had the RFC to perform light work with various exertional and non-exertional limitations. The ALJ further concluded that, based on Nichols’s RFC, she could not perform her past relevant work as a cook helper or hospital cleaner, as both of those jobs required medium-level work. 3 The ALJ determined at step five that, considering Nichols’s age, *795 education, work experience, and RFC, there existed a significant number of jobs in the economy that Nichols could perform, including unskilled, light work as a cleaner, housekeeper, agricultural sorter, or laundry sorter. Thus, the ALJ found that Nichols was not disabled.

III. NICHOLS’S APPEAL

On appeal, Nichols argues that: (1) substantial evidence did not support the ALJ’s finding that her mental impairments did not meet or equal the criteria in Listing 12.05(B) or (C); (2) the ALJ failed to assess her mental and physical impairments in combination; (3) her back condition alone rendered her disabled; and (4) the ALJ failed to properly weigh the opinions of her treating physician, Dr. Mark Pre-vost, about the severity of her back condition. For the reasons that follow, we conclude that Nichols’s arguments lack merit. 4

A. Listing 12.05 for Intellectual Disability

To prevail at step three, the claimant must prove with specific evidence, such as medical signs, symptoms, or laboratory tests, that her impairment meets or medically equals a listed impairment. Sullivan v. Zebley, 493 U.S. 521, 532, 110 S.Ct. 885, 892, 107 L.Ed.2d 967 (1990) (“The listings define impairments that would prevent an adult, regardless of his age, education, or work experience, from performing any gainful activity, not just ‘substantial gainful activity.’”). “For a claimant to show that his impairment matches a listing, it must meet all of the specified medical criteria. An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Id. at 530, 110 S.Ct. at 891.

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679 F. App'x 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhonda-lynn-nichols-v-commissioner-social-security-administrations-ca11-2017.