Justia U.S. 10th Circuit Court of Appeals Opinion Summaries

Plaintiff Donna Saterlee appealed a district court order that affirmed the Commissioner of Social Security's decision to deny social security disability and supplemental security income benefits. The Administrative Law Judge (ALJ) denied benefits at the last step of the five-step process for determining disability. Plaintiff argued that the ALJ erred by (1) improperly rejecting her hand impairment as medically nondeterminable at step two and consequently not including it in the RFC that formed the basis of the dispositive hypothetical to the Vocational Expert; and (2) failing to perform a proper credibility analysis in determining that complaints of limitations other than, or in excess of, those later included in the RFC were not credible. The Tenth Circuit found that the ALJ was "undeniably wrong" about the lack of documented medical evidence of Plaintiff's condition that gave rise to the alleged numbness, "undercutting the categorical rejection of such an impairment on this threshold basis." The Court remanded the case for an administrative decision that properly accounted for all of the evidence of record.

Plaintiff-Appellant Amby Elkins was denied social security benefits, and appealed the Commissioner's rejection of her claims. She said she suffered from degenerative disc disease, rheumatoid arthritis, tendinitis, and depression. The combination of these conditions, she argued rendered her essentially incapable of performing any work. An administrative law judge, however, rejected Plaintiff's petition. On the basis of medical evaluations by independent physicians, he concluded that Plaintiff's testimony regarding the severity of her impairments was not credible. She appealed to the district court, which affirmed the ALJ's decision. Upon review, the Tenth Circuit declined to overturn the ALJ's findings of fact, and affirmed the district court's judgment.

Pro se Plaintiff-Appellant Terry Gibbs appealed a district court's order that reversed the administrative decision of the Commissioner of the Social Security Administration and remanded the case to the agency under sentence four of 42 U.S.C. 405(g). Plaintiff argued that the district court abused its discretion by remanding for further proceedings when it should have simply granted his "Motion for Judgment as a Matter of Law" and awarded him benefits. Upon review, the Tenth Circuit found that the remand was appropriate. Accordingly, the Court affirmed the district court's decision.

Plaintiff-Appellant Thomas Richardson appealed a district court's order that affirmed the Commissioner of Social Security's denial of his application for Childhood Disability Benefits. Plaintiff filed two applications: one for Childhood Disability Benefits as a Disabled Adult Child and another for Supplemental Security Income benefits. Plaintiff was diagnosed with Asperger's Disorder; the examining physician opined that Plaintiff had a "fairly severe disability" such that he probably would not be able to find a job or remain employed. Both of Plaintiff's applications were initially denied. The ALJ found no evidence that Plaintiff was under a disability beginning before his twenty-second birthday, and that his impairment did not prevent him from performing unskilled work. The Commissioner affirmed the ALJ. After the Appeals Council denied review, Plaintiff filed an action in district court seeking reversal of the Commissioner’s decision denying his claim. The district court affirmed the Commissioner’s decision, and Plaintiff filed a timely appeal. On appeal, the Commissioner initially asserted that the ALJ’s findings were largely consistent with the examining physician's findings. However, upon review, the Tenth Circuit concluded that the ALJ made no such findings: the ALJ did not mention the physician's opinion "much less evaluate whether it was supported by the record." The Court remanded the case back to the ALJ to perform a proper evaluation of the physician's opinion.

Plaintiff Lacauna Adams, on behalf of her minor son D.J.W., appeared pro se seeking review of a district court’s judgment that affirmed the Social Security Commissioner’s denial of D.J.W.’s application for Supplemental Security Income (SSI) benefits. In late 2006, Plaintiff filed an application for SSI benefits for her son who was five years old at that time. In it, she alleged he became disabled in 2004 due to asthma. The agency denied the application initially and on reconsideration. Although neither side raised the issue, the Tenth Circuit concluded that Plaintiff could proceed pro se on behalf of her minor child to challenge in federal court the administrative denial of SSI benefits, but the Court affirmed the Commissioner’s denial of those benefits.

Plaintiff Cynthia Anderson appealed a district court's grant of summary judgment in favor of Defendant Cato Corporation on her claim of discrimination under the Pregnancy Discrimination Act. A month or two after Cato terminated her employment, Plaintiff asked for a letter stating the reasons for her termination so that she could apply for public health benefits. A Cato supervisor wrote that Plaintiff "was terminated due to pregnancy related illnesses. [Plaintiff] needed off three weeks for bed rest required by a doctor. However, according to Cato policy a part time sales associate has to be release[d] if she/he needs off for longer than seven days unless she/he has been employed for 365 days. [Plaintiff] did not apply to the guidelines; therefore she was forced to be terminated." The supervisor's undisputed testimony was that Plaintiff "told me that she needed me to put on [the letter] it was because of her pregnancy." After Plaintiff filed suit, Cato moved for summary judgment. The district court determined that the letter was not direct evidence of discrimination. The court considered it "significant" that Plaintiff asked for the letter and told her supervisors what the letter should state as reasons for her termination. The court concluded that Plaintiff could establish a prima facie case for discrimination but that the evidence did not raise a disputed issue of material fact. Upon review, the Tenth Circuit concluded that the letter was indeed not direct evidence of discrimination, and agreed with the district court's reasoning that Plaintiff could make a prima facie case but that summary judgment was appropriate.

Petitioner Theresa Freeman appealed the denial of her applications for social security disability insurance benefits and supplemental security income benefits. Petitioner applied for benefits in June 2007, alleging she was unable to work as the result of obesity and an on-the-job back injury that had occurred in February 2007. Her applications were denied at the administrative level, on reconsideration, and after a hearing before an administrative law judge (ALJ). The ALJ found that Petitioner's degenerative disk disease and obesity were severe impairments, but that none of her impairments, either alone or in combination, met or equaled one of the listings. Furthermore, the ALJ found that Petitioner had "the residual functional capacity to perform less than the full range of light work." After the Appeals Council denied her request for review, Petitioner filed her complaint in district court, and a magistrate judge affirmed the Commissioner's denial of benefits. Upon review, the Tenth Circuit concluded that Petitioner wanted the Court to "reweigh the evidence or substitute [the Court's] judgment for that of the Commissioner" which the Court declined to do. Accordingly the Court affirmed the Commissioner's decision to deny Petitioner's benefits.

Plaintiff-Appellant Timothy Arles appealed a district court judgment that affirmed the Commissioner of Social Security's denial of his application for supplemental security income benefits (SSI). An Administrative Law Judge (ALJ) denied Plaintiff's request for benefits at the last step of the five-step sequential process for determining disability. At the time of the hearing before the ALJ, Plaintiff was 44 years old and weighed 329 pounds. He testified about his difficulties with cramping and swelling hands after carpal tunnel surgery, swollen knees, a painful left foot, daily migraine headaches, neck pain, loss of near vision from glaucoma, low-back problems, and an ache from a rupture in his stomach. He stated that medical providers prescribed eye drops for his diagnosed low-tension glaucoma and also pain pills, sleeping pills,nerve pills, arthritis pills, and high-blood-pressure pills. Plaintiff further related that he did not take any of these medications or seek medical care because he lacked the financial resources to afford them. The ALJ therefore concluded that Plaintiff was not entitled to SSI and denied his application. The Appeals Council denied review, making the ALJ’s decision the final agency decision. The district court affirmed. On appeal of the district court’s ruling to the Tenth Circuit, Plaintiff argued that the Commissioner’s denial of benefits should have been reversed because the ALJ did not perform a proper credibility determination. He also contended that throughout the sequential-evaluation process, the ALJ failed to give appropriate consideration to his restricted vision and obesity. Upon review, the Tenth Circuit found that the ALJ’s decision provided "an adequate discussion of the effect of obesity on [Plaintiff]’s RFC. Further, the ALJ’s conclusion that obesity did not interfere with Plaintiff's ability to perform a restricted range of sedentary work is supported by substantial evidence." Therefore, the Court affirmed the Commissioner's decision to deny Plaintiff SSI benefits.

Plaintiff-Appellant Timothy Grede appealed a district court's order upholding the Commissioner of Social Security's denial of disability benefits. In 2004, Plaintiff applied for benefits asserting an onset date of 2002 due to kidney stones, high blood pressure, renal and intestinal problems, hemorrhoids, pulmonary problems and left hand problems. When his insurance ended, he was required to show the disability onset for one year plus the four-month period between when his insurance ended until the time of his benefit application. After receiving denials of disability at all stages of administrative review, Plaintiff appealed to the district court, who remanded his case to the Commission for further review. And administrative law judge concluded again that Plaintiff was not disabled. On appeal, Plaintiff argued that the Commissioner failed to conduct a proper analysis of his residual functional capacity (RFC). Because the Commissioner’s decision was supported by substantial evidence and the law was properly applied, the Tenth Circuit affirmed the Commissioner's decision.

Petitioner Becky Jean Willig appealed an opinion and order entered by a United States Magistrate Judge that affirmed the decision of the Commissioner of Social Security (Commissioner) denying her application for supplemental security income benefits. In this appeal, Petitioner raised the same issues she raised in the district court: (1) whether the ALJ failed to perform a proper evaluation of the opinion of her treating physician; (2) whether the ALJ failed to propound a proper hypothetical to the vocational expert; and (3) whether the ALJ improperly assessed her credibility. Upon review, the Tenth Circuit concluded that the magistrate judge’s opinion and order was "thorough, well-reasoned and persuasive on each point argued again by Ms. Willig in this court. We see no reason to repeat the same analysis, and we affirm for substantially the same reasons set forth in the opinion and order dated September 28, 2010."