Sims v. Apfel, 98-60126
| Decision Date | 15 August 2000 |
| Docket Number | No. 98-60126,98-60126 |
| Citation | 224 F.3d 380 |
| Parties | (5th Cir. 2000) JUATASSA SIMS, Plaintiff-Appellant, v. KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. Summary Calendar |
| Court | U.S. Court of Appeals — Fifth Circuit |
Appeal from the United States District Court for the Northern District of Mississippi
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before POLITZ, STEWART, and PARKER, Circuit Judges.
Juatassa Sims appeals the district court's affirmance of the Commissioner's denial of her application for disability insurance benefits, contending that the administrative law judge: (1) failed to afford proper weight to a psychologist's opinion that she was severely depressed; (2) improperly excluded certain of her impairments in assessing her residual function capacity; and (3) erred in failing to order a consultative examination. In an earlier opinion,1 we rejected the first claim on the merits, concluding that the ALJ's credibility determinations in that regard were entitled to deference.2 We also held that because Sims failed to raise the second and third claims before the Social Security Appeals Council, we lacked jurisdiction to consider them under our then controlling precedent of Paul v. Shalala.3 The Supreme Court granted certiorari, held that it was inappropriate to mandate the exhaustion of issues before the Social Security Administration, and remanded to us for further proceedings.4
The Supreme Court's directive does not affect our prior disposition of Sims' first claim and on reexamination it is reinstated. However, because our earlier opinion resolved her second and third claims on the basis of issue exhaustion, consideration of the merits of same is in order. Our review of the Secretary's denial of disability benefits "is limited to determining whether the decision is supported by substantial evidence in the record and whether the proper legal standards were used in evaluating the evidence."5
Sims' second contention is that although the ALJ found that her carpal tunnel syndrome resulted in an inability to perform her past work, he failed to find that it resulted in her inability to perform the jobs cited by the vocational expert, all of which required frequent reaching, handling, or fingering. It is clear from the record that the ALJ found that Sims was capable of performing a reduced range of light work. A vocational expert testified that Sims' former jobs involved medium work and identified a number of jobs involving light work Sims would be able to perform. We find and conclude that substantial evidence supports the ALJ's finding that Sims' physical impairments, including the claimed carpal tunnel syndrome, were severe enough to prevent her from performing medium work but did not adversely impact the performance of limited light work. Sims maintains that the ALJ failed to account for her borderline intellectual capacity and somatoform disorder in...
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...for which substantial evidence supports his conclusion that claimant does not suffer fromthose impairments. See Sms v. Apfel, 224 F.3d 380, 381 (5th Cir. 2000); Dominque v. Barnhart, 388 F.3d 462, 463 (5th Cir. 2004). Here, the ALJ failed to set out precisely Plaintiff's impairments in his ......
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... ... 1983). It is more than a mere scintilla and less than a ... preponderance. Boyd v. Apfel , 239 F.3d 698, 704 (5th ... Cir. 2001) ... A finding of no substantial evidence is ... past relevant work); Sims v. Apfel , 224 F.3d 380, ... 381 (5th Cir. 2000) (finding no duty to order a consultative ... ...
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Bell v. Kijakazi
... ... disability determination rests with her. See Newton v ... Apfel , 209 F.3d 448, 455 ... (5th Cir. 2000) (citation omitted); see also Social ... support her RFC determination that excludes any mental ... limitations. See Sims v. Apfel , 224 F.3d 380, 381 ... (5th Cir. 2000) (rejecting claimant's argument that the ... ...
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Case survey
...account for her borderline intellectual capacity and somatoform disorder in determining her residual functional capacity. Sims v. Apfel , 224 F.3d 380, 381 (5th Cir. 2000). The court was persuaded that a hypothetical question assuming an individual who had a mild to moderate difficulty with......
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Administrative review issues
...have ordered a consultative examination to develop a full and fair record of the claimant’s psychological condition. Sims v. Apfel , 224 F.3d 380, 381, 382 (5 th Cir. 2000). The court noted that since it was “readily apparent that the record contains sufficient medical and non-medical evide......
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Issue Topics
...account for her borderline intellectual capacity and somatoform disorder in determining her residual functional capacity. Sims v. Apfel , 224 F.3d 380, 381 (5th Cir. 2000). The court was persuaded that a hypothetical question assuming an individual who had a mild to moderate difficulty with......
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Assessment of disability issues
...from performing the jobs cited by the vocational expert, all of which required frequent reaching, handling, or fingering. Sims v. Apfel , 224 F.3d 380, 381 (5 th Cir. 2000). The Fifth Circuit held that “substantial evidence supports the ALJ’s finding that Sims’ physical impair- ments, inclu......