Slusser v. Astrue

557 F.3d 923, 2009 U.S. App. LEXIS 5184, 2009 WL 579267
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 9, 2009
Docket07-3797
StatusPublished
Cited by174 cases

This text of 557 F.3d 923 (Slusser v. 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
Slusser v. Astrue, 557 F.3d 923, 2009 U.S. App. LEXIS 5184, 2009 WL 579267 (8th Cir. 2009).

Opinion

SMITH, Circuit Judge.

Virginia Slusser appeals the district court’s 1 judgment denying her summary judgment motion and affirming the administrative law judge’s (ALJ) finding that Slusser was no longer eligible to receive her supplemental security income (SSI) payments. She argues that substantial evidence does not exist in the record to support the ALJ’s finding that she is no longer eligible to receive SSI benefits under 20 C.F.R. § 416.1339. Moreover, she alleges unlawful discrimination under § 504 of the Rehabilitation Act of 1973. Because we hold that substantial evidence on the record as a whole supports the decision of the ALJ, we affirm.

I. Background

Slusser, a middle-aged, mentally disabled paranoid schizophrenic, received SSI benefits based on an application for benefits filed on January 11, 1996. However, on July 12, 2001, Slusser’s SSI benefits were suspended retroactively to July 1999 pursuant to § 202 of Public Law 104-193 of the Social Security Act (SSA) because she had an outstanding arrest warrant and was considered a fleeing felon. That section of the SSA, known as the Personal Responsibility and Work Opportunity Reconciliation Act, authorizes the suspension of benefits for anyone who is fleeing to avoid prosecution or who is violating a condition of probation. 42 U.S.C. § 1382(e)(4)(A); 20 C.F.R. § 416.1339(a). Authorities in Florida had issued the warrant based on Slusser’s alleged violation of the terms of her community control entered into after her no contest plea to robbery and resisting arrest charges in Pinellas County, Florida, in 1993.

The warrant arose as a result of events that occurred in March 1993. Slusser was arrested in St. Petersburg, Florida, for attempting to steal the purse of an elderly woman on a city bus. She told the arresting officers that she attempted to take the victim’s purse because she believed that it contained muriatic acid. Slusser physically resisted arrest and attempted to bite the arresting officer. At a preliminary hearing, she was found incompetent to stand trial and was committed to the Florida State Hospital. Three months later, she entered a plea of no contest to the attempted robbery and resisting arrest charges. The trial court sentenced Slus-ser to one year of community control followed by one year of probation. The court’s order provided that “[wjhile on *925 community control, you will remain confined to your approved residence except for one half hour before and after your approved employment, public service work or any other special activities approved by your community control officer.”

In October 1993, Slusser violated the terms of her community control, and her probation officer advised her that an additional violation would result in a request for a warrant for her arrest. Slusser, nonetheless, departed the jurisdiction, arriving in Minnesota in February 1994. The Pinellas County Circuit Court then issued a warrant for Slusser’s arrest based upon her probation officer’s affidavit alleging that Slusser violated the terms of a condition of her community control.

Based on this warrant, the ALJ conducted a hearing suspending Slusser’s benefits “by reason of her being a ‘fugitive felon,’ as that term is defined within the meaning of the Social Security Act.” The ALJ found that “Felony Arrest Warrant No. 9304623 from Pinellas County, South Largo Florida, has been verified as still active against the claimant. Therefore ... the claimant is ineligible to receive supplemental security income benefits, and consequently, her benefits were properly terminated effective July 1, 1999.” Upon review, the district court affirmed the ALJ’s decision, granting the Commissioner of Social Security’s (“Commissioner”) motion for summary judgment and dismissing Slusser’s complaint with prejudice.

II. Discussion

Slusser appeals, arguing that the ALJ incorrectly analyzed the decision to suspend benefits under 20 C.F.R. § 416.1339(a)(3) rather than 20 C.F.R. § 416.1339(a)(2), which requires a finding that she was fleeing to avoid custody or confinement. She argues that § 416.1339(a)(2) requires an element of intent and that she lacked the mental capacity to form the intent to flee. She also argues that the Commissioner’s denial of her SSI benefits was a violation of the Rehabilitation Act of 1973. See 29 U.S.C. § 794. We affirm.

A. Standard of Review

Our review of the Commissioner’s denial of benefits is limited to whether the decision is “supported by substantial evidence in the record as a whole.” Nevland v. Apfel, 204 F.3d 853, 857 (8th Cir.2000) (internal quotations and citations omitted). Substantial evidence exists if “a reasonable mind would find such evidence adequate.” Id. Substantial evidence is “less than a preponderance, but enough that a reasonable mind would find it adequate to support the ALJ’s decision.” Gonzales v. Barnhart, 465 F.3d 890, 894 (8th Cir.2006). Substantial evidence means more than a mere scintilla. Neal v. Barnhart, 405 F.3d 685, 688 (8th Cir.2005). We may not reverse merely because substantial evidence may also support an opposite conclusion. Nevland, 204 F.3d at 857.

B. Substantial Evidence

Slusser first argues that the ALJ erroneously reviewed her case under § 416.1339(a)(3) rather than § 416.1339(a)(2). Section 416.1339(a) states:

(a) Basis for suspension. An individual is ineligible for SSI benefits for any month during which he or she is—
(1) Fleeing to avoid prosecution for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees (or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that State); or
(2) Fleeing to avoid custody or confinement after conviction for a crime, or an *926 attempt to commit a crime, which is a felony under the laws of the place from which the individual flees (or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that State); or

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Bluebook (online)
557 F.3d 923, 2009 U.S. App. LEXIS 5184, 2009 WL 579267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slusser-v-astrue-ca8-2009.