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GARZA v. KIJAKAZI (2021)

United States Court of Appeals, Ninth Circuit.2021-08-23No. No. 18-15197

Summary

Holding. The appellate court affirmed the district court's judgment upholding the Commissioner's denial of supplemental social security income benefits.

Susie Garza challenged the Social Security Commissioner's denial of her application for supplemental social security income. The Administrative Law Judge (ALJ) concluded that Garza's depression was not a severe impairment based on limited treatment, normal mental status examinations, and full remission of symptoms. The ALJ also found that Garza did not meet the criteria for a listed impairment involving vascular damage to the brain, noting that her movement and gait difficulties occurred only intermittently. The ALJ determined that Garza retained the ability to perform other work available in the national economy, taking into account her education, skills, and functional limitations.

On appeal, the court examined whether substantial evidence supported the ALJ's findings at each step of the disability determination process. The court found that the ALJ properly applied the regulatory framework for evaluating mental impairments, reasonably interpreted the medical evidence regarding her physical condition, and appropriately questioned the vocational expert about available work. The court also rejected arguments that the ALJ erred in not applying age-related considerations or in failing to fully credit the claimant's testimony, finding that Garza had not properly raised these issues on appeal.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether depression qualifies as a severe impairment under Social Security regulations
  • Whether the claimant meets or equals a listed impairment for vascular damage to the brain
  • Whether the claimant retains functional capacity to perform other work
  • Whether the ALJ properly questioned the vocational expert and determined age-category status

Procedural posture

Garza appealed the district court's affirmance of the Social Security Commissioner's denial of her supplemental social security income application.

Authorities cited

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Opinion

MEMORANDUM **

Susie Garza appeals the district courts judgment affirming the Commissioner of Social Securitys denial of Garzas application for supplemental social security income under Title XVI of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g). We review de novo, Attmore v. Colvin, 827 F.3d 872, 875 (9th Cir. 2016), and we affirm.

At step two, the Administrative Law Judge (“ALJ”) properly applied the special technique for evaluating mental impairments in concluding that Garzas depression was not a severe impairment. See 20 C.F.R. § 404.1520a; Keyser v. Commr Soc. Sec. Admin., 648 F.3d 721, 725 (9th Cir. 2011). Substantial evidence supports the ALJs conclusion that Garzas depression was not severe because the record reflected limited treatment, normal mental status exams, and that her depression was in full remission. See 20 C.F.R. § 404.1520a(d)(1); Molina v. Astrue, 674 F.3d 1104, 1111 (9th Cir. 2012) (this court “must uphold the ALJs findings if they are supported by inferences reasonably drawn from the record”). Moreover, the ALJ properly considered the four broad functional areas, finding that Garzas medically determinable mental impairment caused no restrictions in activities of daily living; no limitations in social functioning; mild limitations in concentration, persistence, and pace; and no episodes of decompensation of extended duration. See Keyser, 648 F.3d at 725.

At step three, substantial evidence supports the ALJs conclusion that Garza failed to meet her burden of proving that she has an impairment that meets or equals Listing 11.04, vascular insult to the brain. See Burch v. Barnhart, 400 F.3d 676, 683 (9th Cir. 2005) (claimant bears the burden of proving that he has an impairment that meets or equals the criteria of a listed impairment). The ALJ properly relied on medical evidence indicating that Garzas disturbed gross and dexterous movements, or gait and station, occurred only intermittently and did not appear for significant portions of the adjudicatory period.

The ALJ properly relied on the vocational experts testimony indicating that Garza was capable of making a successful adjustment to other work that exists in significant numbers in the national economy. See Bayliss v. Barnhart, 427 F.3d 1211, 1217–18 (9th Cir. 2005) (ALJ may properly limit a hypothetical to restrictions supported by substantial evidence in the record). First, the ALJs questions to the vocational expert properly took into account Garzas limited education and skills, and the ALJ was not required to include in his hypothetical limitations that he did not adopt. See id. Second, the ALJ did not err in failing to address the borderline age category because Garza was not in a borderline age category on the date of the ALJs decision. See Russell v. Bowen, 856 F.2d 81, 84 (9th Cir. 1988) (rejecting petitioners argument that the date the Appeals Council denied review should determine whether he was in a borderline age category). Finally, the ALJ did not err in limiting Garzas residual functional capacity to occasionally handle, finger, or feel with her left upper extremity, because that limitation is consistent with Dr. Sharmas assessment that she was limited in “holding, feeling, and fingering objects with the left hand to occasionally.”

Garza waived any challenge to the ALJs determination that her testimony was not entirely credible and to the ALJs evaluation of the medical opinion evidence by failing to raise them in her opening brief. See Indep. Towers of Wash. v. Washington, 350 F.3d 925, 929-30 (9th Cir. 2003) (“we review only issues which are argued specifically and distinctly in a partys opening brief”) (citation and internal quotation marks omitted).

AFFIRMED.