Stokes v. Astrue

274 F. App'x 675
CourtCourt of Appeals for the Tenth Circuit
DecidedApril 18, 2008
Docket07-5046
StatusUnpublished
Cited by149 cases

This text of 274 F. App'x 675 (Stokes v. Astrue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stokes v. Astrue, 274 F. App'x 675 (10th Cir. 2008).

Opinion

ORDER AND JUDGMENT *

WADE BRORBY, Senior Circuit Judge.

Plaintiff-appellant Mary D. Stokes appeals from an order of the district court affirming the Commissioner’s decision denying her application for Social Security disability and Supplemental Security Income benefits. Ms. Stokes filed for these benefits on May 16, 2003. She alleged disability since February 19, 2003, based on osteoarthritis, rheumatoid arthritis, diabetes, back pain, and depression. The agency denied her applications initially and on reconsideration.

On September 4, 2004, Ms. Stokes received a de novo hearing before an administrative law judge (ALJ). The ALJ subsequently determined that Ms. Stokes was not disabled.

The Commissioner is required to follow a five-step sequential evaluation process to determine whether a claimant is disabled. The claimant bears the burden of establishing a prima facie case of disability at steps one through four. Step one requires the claimant to demonstrate that he is not presently engaged in substantial gainful activity. At step two, the claimant must show that he has a medically severe impairment or *678 combination of impairments. At step three, if a claimant can show that the impairment is equivalent to a listed impairment, he is presumed to be disabled and entitled to benefits. If a claimant cannot meet a listing at step three, he continues to step four, which requires the claimant to show that the impairment or combination of impairments prevents him from performing his past work.
If the claimant successfully meets this burden, the burden of proof shifts to the Commissioner at step five to show that the claimant retains sufficient ... residual functional capacity ... to perform work in the national economy, given her age, education, and work experience. If a determination can be made at any of the steps that a claimant is or is not disabled, evaluation under a subsequent step is not necessary.

Lax v. Astrue, 489 F.3d 1080, 1084 (10th Cir.2007) (citations and quotations omitted).

The ALJ found in Ms. Stokes’ favor at steps one and two. At step three he found that Ms. Stokes’ impairments did not meet or equal a listed impairment but he found at step four that Ms. Stokes’ residual functional capacity (RFC) would not allow her to return to her past relevant work as a nurse’s aide, sewing machine operator, or certified medical aide. The ALJ’s RFC finding was:

The claimant’s impairments limit her to a wide range of light level work activity. Specifically, the claimant can lift and carry 20 pounds. She can stand and/or walk 6 hours in an 8-hour workday at 45 minute intervals and sit 6 hours in an 8-hour workday at 45 minute intervals. She can occasionally climb, bend, stoop, squat, kneel, crouch, crawl, reach overhead, push and pull, and operate foot controls. She is slightly limited in fingering, feeling[], and grasping. She requires an environment of low light, low noise and must avoid cold, damp, rough and uneven surfaces, unprotected heights, fast and dangerous machinery and night driving. She requires simple, repetitive, and routine work and is slightly limited in contact with public, coworkers and supervisors.

ApltApp., Vol. 2 at 27. Nevertheless, the ALJ found at step five that with this RFC there were a significant number of other jobs Ms. Stokes could perform in the national or regional economy. He therefore concluded Ms. Stokes was not disabled within the meaning of the Social Security Act. The Appeals Council denied review, making the ALJ’s decision the Commissioner’s final decision.

Ms. Stokes appeals. Her main arguments are that the ALJ erred at steps two, three, and five of the evaluation process and that he failed to perform a proper credibility determination. We have jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g). We review the Commissioner’s decision to determine whether the factual findings are supported by substantial evidence in the record and whether the correct legal standards were applied. See Andrade v. Sec’y of Health & Human Sews., 985 F.2d 1045,1047 (10th Cir.1993). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Fowler v. Bowen, 876 F.2d 1451, 1453 (10th Cir.1989) (quotations omitted). Following such review, we AFFIRM.

I.

Ms. Stokes’ first point alleges the ALJ erred by failing to consider her pain disorder at step two of the sequential evaluation process. “At step two, the claimant must show that [she] has a medically severe impairment or combination of impair- *679 merits.” Lax, 489 F.3d at 1084 (quotation omitted). The ALJ found Ms. Stokes had a medically severe impairment or combination of impairments, but did not reference Ms. Stokes’ pain disorder when making that finding. That failure, by itself, does not constitute reversible error, see Ma-ziarz v. Sec’y of Health & Human Servs., 837 F.2d 240, 244 (6th Cir.1987), because once the ALJ finds the claimant has a medically severe impairment or combination of impairments, he or she is required to “consider the limiting effects of all [the claimant’s] impairment(s), even those that are not severe, in determining [the claimant’s] residual functional capacity.” 20 C.F.R. §§ 404.1545(e), 416.945(e) (emphasis added).

II.

Ms. Stokes claims the ALJ erred at step three as well.

At step three, the determination is made whether the impairment is equivalent to one of a number of listed impairments that the Commissioner acknowledges are so severe as to preclude substantial gainful activity. If the impairment is listed and thus conclusively presumed to be disabling, the claimant is entitled to benefits.

Lax, 489 F.3d at 1085 (citations, quotations, and brackets omitted).

Ms. Stokes claims the ALJ failed to utilize the “special technique” required by the regulations when evaluating her mental impairments at this step. Specifically, she argues the ALJ failed to make specific findings as to what rating he was assigning to her functional limitations in the areas of activities of daily living; social functioning; concentration, persistence, or pace; and episodes of decompensation. We agree error occurred.

The ALJ’s decision simply stated that he had “carefully compared [Ms.

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Bluebook (online)
274 F. App'x 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stokes-v-astrue-ca10-2008.