Vance Caulkins v. Kilolo Kijakazi

CourtCourt of Appeals for the Fourth Circuit
DecidedJune 1, 2022
Docket20-1060
StatusUnpublished

This text of Vance Caulkins v. Kilolo Kijakazi (Vance Caulkins v. Kilolo Kijakazi) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vance Caulkins v. Kilolo Kijakazi, (4th Cir. 2022).

Opinion

USCA4 Appeal: 20-1060 Doc: 53 Filed: 06/01/2022 Pg: 1 of 19

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-1060

VANCE CAULKINS,

Plaintiff – Appellant,

v.

KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration,

Defendant – Appellee.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Kenneth D. Bell, District Judge. (1:18-cv-00192-KDB)

Argued: December 7, 2021 Decided: June 1, 2022

Before GREGORY, Chief Judge, RICHARDSON, Circuit Judge, and Rossie D. ALSTON, Jr., United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by unpublished per curiam opinion.

ARGUED: Dana Wayne Duncan, DUNCAN DISABILITY LAW, S.C., Nekoosa, Wisconsin, for Appellant. LaNita Lee McWilliams, SOCIAL SECURITY ADMINISTRATION, Baltimore, Maryland, for Appellee. ON BRIEF: R. Andrew Murray, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina; Peter A. Heinlein, Special Assistant United States Attorney, Office of the General Counsel, SOCIAL SECURITY ADMINISTRATION, Baltimore, Maryland, for Appellee. USCA4 Appeal: 20-1060 Doc: 53 Filed: 06/01/2022 Pg: 2 of 19

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:

Vance Caulkins (“Caulkins”) appeals the district court’s order upholding the Social

Security Administration’s denial of his application for disability insurance benefits.

Because we conclude the administrative law judge (“ALJ”) appropriately evaluated the

disability determination reached by the Department of Veterans Affairs, reasonably

conducted a function-by-function analysis of Caulkins’s ability to perform unskilled work

activities, and reasonably weighed the medical evidence, we affirm.

I.

A.

In 2010, Caulkins applied for social security disability benefits. He contends that

he has been unable to engage in any substantial gainful activity since December 1, 2010,

due to a mental health impairment that began after he developed an inguinal hernia during

his Coast Guard service. The Social Security Administration (“SSA”) initially denied his

claim, but the district court remanded his case to SSA for additional findings. On remand,

the ALJ concluded that Caulkins’s mental impairment was not “severe” under the agency’s

regulations, meaning he was not considered disabled under the Social Security Act. 42

U.S.C. § 423(d)(1)(A). The district court affirmed the ALJ’s decision, and this appeal

followed.

Before determining that Caulkins could perform at least sedentary work, the ALJ

looked to a number of sources in the record. In 2010, a Department of Veterans Affairs

(“VA”) examiner evaluated Caulkins and assigned him a 50 percent disability rating based

on his depressive disorder. And in 2013, a VA examiner added a diagnosis of anxiety

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disorder, noting that Caulkins had reported a number of severe symptoms. A few months

later, the VA increased Caulkins’s disability rating to 70 percent based on his mental

impairment, identifying both depressive disorder and anxiety disorder. Ultimately, the VA

assigned Caulkins a 100 percent disability rating. The ALJ considered the VA’s decision

that Caulkins was disabled under its rules but noted that in the SSA’s proceeding, “the

finding of disability is reserved for the Commissioner.” J.A. 19.

Applying SSA standards, the ALJ found that Caulkins’s impairments, “although

limiting, . . . do not preclude all work.” Id. In reaching this conclusion, the ALJ relied on

the clinical evidence in the record and the extent of Caulkins’s daily activities. Clinical

evidence showed that medical providers had noted Caulkins’s “very fit physical

appearance” and observed his calloused hands, which in the view of the ALJ suggested

Caulkins was engaging in more physical activity than he reported. In addition, Caulkins’s

daily activities included using a computer, conducting online research, performing light

household chores, caring for his small children, studying Spanish, planning vacations to

Spain and Mexico, designing websites, and shopping outside the home multiple times a

week.

Caulkins performed these activities even without following doctor-recommended

treatment regimens. He elected to forego further surgery on his hernia, instead opting for

less invasive treatment through a pain-management clinic. Although a pain-management

physician recommended that Caulkins undergo ten to twelve nerve block procedures, the

record suggests that Caulkins received only one such treatment. When Caulkins took his

pain medication, he reported fewer symptoms. In addition, Caulkins was prescribed an

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anti-depressant medication to treat his mental health condition. But the record shows that

his adherence to his prescribed medication during the relevant time period was sporadic.

When Caulkins took his anti-depressant medication as prescribed, he reported still

experiencing some difficult days but saw an overall improvement in his condition.

The ALJ also assessed the medical opinion evidence in the record, including the

opinions of Dr. Connelly, a mental health provider; Dr. Kelly, a VA primary care doctor;

and Dr. Morton, a consulting psychologist. The ALJ afforded certain findings in these

opinions great weight but discounted portions he found to be unexplained, unsupported, or

inconsistent with the record. Recognizing that these opinions and the record as a whole

showed that Caulkins—who was 34 years old at the time of the hearing—had a mental

impairment, the ALJ assessed whether Caulkins’s impairment significantly limited his

ability to perform basic work activities. In the end, the ALJ found that while Caulkins’s

limitations precluded any strenuous work activity, his mental impairment did not foreclose

his ability to perform at least some unskilled, sedentary work. Based on this finding, the

ALJ concluded that Caulkins was not disabled.

B.

We review the district court’s judgment de novo, applying the same standard of

review applied by the district court. See Monroe v. Colvin, 826 F.3d 176, 186 (4th Cir.

2016). This Court must affirm a Social Security disability determination if the “ALJ has

applied correct legal standards and the ALJ’s factual findings are supported by substantial

evidence.” Woods v. Berryhill, 888 F.3d 686, 691 (4th Cir. 2018). Substantial evidence is

no more than what a reasonable person might accept as adequate to support the ALJ’s

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conclusion; it must be more than a scintilla of evidence, but it need not be a preponderance

of the evidence. See Biestek v. Berryhill, ––– U.S. –––, 139 S. Ct. 1148, 1154 (2019);

Pearson v. Colvin, 810 F.3d. 204, 207 (4th Cir. 2015). We may not reweigh conflicting

evidence, make credibility determinations, or substitute our own judgment for that of the

agency. See Hancock v. Astrue, 667 F.3d 470, 472 (4th Cir. 2012).

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