F. KEITH BALL, Magistrate Judge.
Kimaia Haywood received Supplemental Security Income (SSI) benefits as a child based upon disability. In 2011, after she reached the age of 18, the Social Security Administration reviewed her case and determined that benefits should cease.
Haywood was born on December 11, 1992, and was approximately 21 years of age at the time of the ALJ's decision. In 2002, at the age of nine, she underwent assessment by her school district for special education intervention and services. On the Wechsler Individual Achievement Test (WIAT), she achieved standard scores of 77 in basic reading, 67 in math reasoning, 75 in reading comprehension, and 61 on numerical operations. R. 222, [8] at 225. On the Wechsler Intelligence Scale for Children III (WISC-III), she achieved a verbal IQ of 56, a performance IQ of 53, and a full scale score of 50, indicating that she was functioning in the deficit range of intelligence. R. 223-227, [8] at 226-30. Based upon these scores, it was determined that she was eligible for special education services because of a specific learning disability in math computation. Haywood continued to receive special education services throughout high school because of her learning disability. She graduated from high school with an occupational diploma. She has never worked.
The record contains the school district's individualized education program (IEP) assessments from 2010 and 2011, when she was in the tenth and eleventh grades, respectively. Her IEP from April 2010 indicates that she was functioning at the 7
On April 11, 2011, Ms. Ryan Cherry, Haywood's special education teacher, completed a teacher questionnaire concerning Haywood's abilities and limitations. The questionnaire addresses a set of activities in each of six domains and requires that the subject's problem with each activity be rated as none, slight, obvious, serious, or very serious. R. 185-90, [8] at 188-93. In the domain of acquiring and using information, Ms. Cherry indicated that Haywood had a slight problem comprehending oral instructions and an obvious problem understanding and participating in class. R. 185, [8] at 188. Ms. Cherry rated as serious the degree of Haywood's problem in understanding school and content vocabulary, reading and comprehending written material, comprehending and doing math problems, and recalling and applying previously learned material. Id. In the areas of expressing ideas in written form and in learning new material, Ms. Cherry rated the degree of Haywood's problem as very serious. Id.
In completing the portion of the questionnaire regarding the domain of attending to and completing tasks, Ms. Cherry indicated that Haywood had a slight problem paying attention when spoken to, an obvious problem carrying out single-step instructions, a serious problem carrying out multi-step instructions, completing assignments, completing work accurately, working without distracting others, and working at a reasonable pace. R. 186, [8] at 189. Ms. Cherry omitted the rating of Haywood's difficulties in focusing long enough to finish tasks, but rated the frequency of her difficulty in this area as daily. Id.
In the domain of interacting and relating with others, Ms. Cherry stated that Haywood had an obvious problem respecting and obeying adults in authority and a very serious problem seeking attention appropriately and expressing anger appropriately. R. 187, [8] at 190.
In her evaluation of the domain of caring for oneself, Ms. Cherry indicated that Haywood had a serious problem being patient when necessary, using good judgment regarding personal safety, identifying and appropriately asserting emotional needs, responding appropriately to changes in her own mood, using appropriate coping skills, and knowing when to ask for help. R. 189, [8] at 192.
Ms. Cherry indicated that Haywood had no problems in the domain of moving about and manipulating objects, and marked as not applicable the portion of the questionnaire regarding medical conditions and health and well-being. R. 188, 190, [8] at 191, 193.
A consultative psychological examination was performed by Michael Whelan, Ph.D., on September 7, 2011. At the time of the exam, Haywood was in the twelfth grade and had a one-year-old child. She reported that when she was not in school she took care of her baby, providing all the necessary care including bathing, feeding, and dressing him. R. 203, [8] at 206. On the Wide Range Achievement Test IV (WRAT-IV), Haywood's scores indicated that her grade equivalents were 1.4 for word reading, 1.0 for sentence comprehension, 3.3 for spelling, and 3.2 for arithmetic. Id. On the Wechsler Adult Intelligence Scale IV (WAIS-IV), she achieved a full scale IQ of 50. R. 204, [8] at 207. Dr. Whelan did not believe any of these scores to be valid, observing that Haywood did not put forth good effort during testing and made simple errors, such as failing to count ten apples correctly. R. 203-4, [89] at 206-7. He opined that her IQ scores were about 20 points lower than if she had tried to do her best and stated that he was "persuaded rather strongly that she is capable of scoring much higher." R. 204, [8] at 207. Dr. Whelan concluded that Haywood is probably a slow learner and that literacy skills were poorly developed. R. 205, [8] at 208. According to Dr. Whelan, Haywood is able to follow simple directions and solve simple problems with ease. Id.
At the hearing, Haywood testified as follows. She lives with her mother, stepfather, brother, and child. R. 28-29, [8] at 31-32. She never goes out and spends her day watching television. R. 28, [8] at 31. Her only hobby is playing Playstation. R. 32, [8] at 35. She can heat up simple food items in the microwave but is unable to cook on the stove or from a recipe, cannot drive, cannot count change, and cannot operate a washing machine. R. 28-30, 33, [8] at 31-33, 36. Haywood is able to tell time from a digital clock but not a traditional one. R. 29, [8] at 32. She testified that she can sweep the floor and operate a clothes dryer. R. 28, 33, [8] at 31, 36. When questioned as to why she cannot work, Haywood responded that she is a slow learner. R. 33-34, [8] at 36-37.
Also testifying was Haywood's mother, Vicky Haywood. Ms. Haywood explained that her daughter cannot cook something on the stove like a pot of greens or peas because she cannot remember all of the steps. R. 36-37, [8] at 39-40. She stated that she takes her daughter shopping and tries to get her to help, but that her daughter cannot remember more than three items she has been asked to retrieve from a grocery aisle. R. 37, [8] at 40. She testified that her daughter can sweep the floor and fold clothes. R. 38, [8] at 41. When asked as to why her daughter cannot work, Ms. Haywood responded that it would take her daughter too long to learn a job. Id.
William Selby, a vocational expert (VE), testified in response to two hypotheticals posed by the ALJ. In the first, the ALJ described a person 20 years of age, with a high school education and an occupational diploma, without any past work experience, having no exertional limitations, able to remember and carry out simple instructions, and who is limited to simple, repetitive tasks. R. 39, [8] at 42. The VE responded that such a person could perform the jobs of bag loader, box bender, and laminating off bearer. Id. In the second hypothetical, the ALJ described an individual with the same characteristics as in the first hypothetical, except that she would miss more than four days of work a month. R. 40, [8] at 43. The VE responded that such an individual would be unable to maintain employment. Id. Haywood's attorney posed a third hypothetical, describing a person with the same characteristics as in the first hypothetical, except that she would be unable to consistently understand, remember, and carry out even simple instructions on a sustained basis. R. 40-41, [8] at 43-44. In response, the VE testified that there would be no work for such a person. R. 41, [8] at 44.
In his decision, the ALJ worked through the familiar sequential evaluation process for determining disability.
In reviewing the Commissioner's decision, this Court is limited to an inquiry into whether there is substantial evidence to support the findings of the Commissioner and whether the Commissioner applied the correct legal standards. Muse v. Sullivan, 925 F.2d 785, 789 (5
Plaintiff argues that the ALJ erred in failing to find that Haywood meets Listing 12.05(B). Listing 12.05 consists of an introductory paragraph, or "capsule definition," setting forth the diagnostic criteria for intellectual disability and four "severity prongs" (paragraphs A through D).
Haywood's final argument is that the ALJ erred in failing to explain his credibility findings in accordance with SSR 96-7p, 1996 WL 374186, which requires the ALJ to articulate specific reasons for rejecting portions of a claimant's testimony. This argument is without merit. The ALJ gave detailed reasons for concluding that Haywood's limitations were not as severe as she claimed. He found that she was not forthcoming in her testimony, in that some of her initial answers to questions were incomplete and misleading. For example, when asked whether she was in regular classes or special education classes in school, Haywood responded that she took special education classes, whereas the records show that she was also in regular and occupational classes. Also, when asked with whom she lived, Haywood's initial response did not include her child until prompted by the ALJ. She never mentioned care of the child in her daily activities, instead testifying that she merely sat and watched television all day, whereas she had reported to Dr. Whelan that she feeds, bathes, dresses, and otherwise cares for her child. The ALJ pointed out that her testimony that she could not count change was inconsistent with the 2010-2011 IEPs, which showed that she could count basic money. The ALJ also found that Haywood's failure to cooperate in testing by Dr. Whelan and the discrepancies between those test scores and her school records weighed against her credibility, as did the fact that she has never made any attempt to find a job. In short, the ALJ gave several detailed and logical reasons for finding that Haywood's testimony was not entirely credible. The ALJ satisfied his duty to carefully determine Haywood's credibility and to explain his reasoning.
The ALJ committed no reversible errors of law, and his decision is supported by substantial evidence. The Commissioner's motion is granted, and the decision of the Commissioner is hereby affirmed. A separate judgment will be entered.
So ordered and adjudged.
See 20 C.F.R. §§ 404.1520, 416.920. The analysis ends at the point at which a finding of disability or non-disability is required. The burden to prove disability rests upon the claimant throughout the first four steps; if the claimant is successful in sustaining his burden through step four, the burden then shifts to the Commissioner at step five. Leggett v. Chater, 67 F.3d 558, 564 (5
20 C.F.R. Pt. 404, Subpt. P, App. 1 § 12.05.