Filed: Nov. 29, 2012
Latest Update: Feb. 12, 2020
Summary: NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 12a1238n.06 No. 12-1217 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Nov 29, 2012 LAURA B. EDDY, ) DEBORAH S. HUNT, Clerk ) Plaintiff-Appellant, ) ) v. ) ) ON APPEAL FROM THE COMMISSIONER OF SOCIAL SECURITY, ) UNITED STATES DISTRICT ) COURT FOR THE EASTERN Defendant-Appellee. ) DISTRICT OF MICHIGAN ) BEFORE: NORRIS, GIBBONS, and DONALD, Circuit Judges. PER CURIAM: Laura B. Eddy appeals the district court’s judgment affirming the
Summary: NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 12a1238n.06 No. 12-1217 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Nov 29, 2012 LAURA B. EDDY, ) DEBORAH S. HUNT, Clerk ) Plaintiff-Appellant, ) ) v. ) ) ON APPEAL FROM THE COMMISSIONER OF SOCIAL SECURITY, ) UNITED STATES DISTRICT ) COURT FOR THE EASTERN Defendant-Appellee. ) DISTRICT OF MICHIGAN ) BEFORE: NORRIS, GIBBONS, and DONALD, Circuit Judges. PER CURIAM: Laura B. Eddy appeals the district court’s judgment affirming the d..
More
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 12a1238n.06
No. 12-1217
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT FILED
Nov 29, 2012
LAURA B. EDDY, ) DEBORAH S. HUNT, Clerk
)
Plaintiff-Appellant, )
)
v. )
) ON APPEAL FROM THE
COMMISSIONER OF SOCIAL SECURITY, ) UNITED STATES DISTRICT
) COURT FOR THE EASTERN
Defendant-Appellee. ) DISTRICT OF MICHIGAN
)
BEFORE: NORRIS, GIBBONS, and DONALD, Circuit Judges.
PER CURIAM: Laura B. Eddy appeals the district court’s judgment affirming the denial of
her applications for disability insurance benefits and supplemental security income benefits.
In 2004, Eddy filed applications for disability insurance benefits and supplemental security
income benefits, alleging that she became disabled in January 2000, when she was thirty years old.
After the Social Security Administration denied the applications, Eddy requested a hearing. An
administrative law judge (ALJ) conducted an evidentiary hearing and denied Eddy relief. The
Appeals Council vacated the ALJ’s decision and remanded with instruction to consider additional
evidence, including a psychological evaluation of Eddy conducted by Dr. J. Keith Ostien on
September 10, 2007. On remand, the ALJ determined that Eddy was not disabled prior to
September 10, 2007, but that she became disabled on that date. The Appeals Council declined to
review the case.
No. 12-1217
Eddy v. Comm’r of Soc. Sec.
Eddy sought review in the district court. The magistrate judge recommended granting
summary judgment to the Commissioner of Social Security. Over Eddy’s objections, the district
court adopted the recommendation and entered judgment in favor of the Commissioner. On appeal,
Eddy makes the following arguments: (1) the ALJ erred by failing to determine an onset date for the
psychological condition that rendered her disabled; (2) the ALJ erred by determining that she was
not disabled on the basis of her psychological condition prior to September 10, 2007; (3) the ALJ
erred by failing to give proper weight to the opinion of Dr. Marta Elody, a treating psychiatrist; and
(4) the ALJ erred by concluding that she did not meet the regulatory listing for mental retardation.
“Our review of the ALJ’s decision is limited to whether the ALJ applied the correct legal
standards and whether the findings of the ALJ are supported by substantial evidence.” Blakley v.
Comm’r of Soc. Sec.,
581 F.3d 399, 405 (6th Cir. 2009). “The substantial-evidence standard is met
if a reasonable mind might accept the relevant evidence as adequate to support a conclusion.”
Id.
at 406 (internal quotation marks omitted). “We give de novo review to the district court’s
conclusions on each issue.”
Id.
Despite Eddy’s argument to the contrary, the ALJ did determine an onset date for the
psychological condition that rendered her disabled. The date identified by the ALJ was
September 10, 2007. Further, substantial evidence supported the ALJ’s conclusion that Eddy was
not disabled prior to that date. Eddy’s medical records and assessments generally demonstrated that,
prior to September 10, 2007, she had normal psychological functioning in several areas, with only
mild to moderate limitations in others, and treatment had stabilized or improved certain aspects of
her condition. The ALJ reasonably gave little weight to the most significant piece of evidence to the
-2-
No. 12-1217
Eddy v. Comm’r of Soc. Sec.
contrary, the mental residual functional capacity assessment performed by Dr. Elody in July 2007,
because Elody’s conclusion that Eddy had more significant limitations was not adequately explained
or supported by Eddy’s treatment records. See
Blakley, 581 F.3d at 406. It was also reasonable for
the ALJ not to consider Dr. Ostien’s assessment of Eddy’s psychological limitations when
determining whether she was disabled prior to September 10, 2007, because Ostien had not
examined Eddy prior to that date, and his assessment expressed no opinion concerning her previous
limitations.
Finally, substantial evidence supported the ALJ’s conclusion that Eddy did not meet the
regulatory listing for mental retardation. To meet the listing, a claimant must show, among other
things, the onset of “significantly subaverage general intellectual functioning with deficits in
adaptive functioning” before age twenty-two. See Foster v. Halter,
279 F.3d 348, 354 (6th Cir.
2001) (quoting 20 C.F.R. pt. 404, subpt. P, app. 1, § 12.05). Eddy failed to make the required
showing because the psychological evaluations and other medical evidence in the record did not
address the relevant period, and, in any case, Eddy was never diagnosed as being mentally retarded.
See
id. at 355. The evidence relied on by Eddy — namely, that she attended special education
classes and quit school after the eighth grade — is insufficient to undermine the ALJ’s conclusion
that she did not meet the regulatory listing for mental retardation because Eddy did not show that her
enrollment in special education classes or her failure to continue her schooling were due to her
having significantly subaverage general intellectual functioning.
Accordingly, we affirm the district court’s judgment.
-3-