Tammy Hulsey v. Michael J. Astrue, Commissioner of Social Security Administration

Hulsey v. Astrue, 622 F.3d 917 (8th Cir. 2010) · United States Court of Appeals for the Eighth Circuit · October 15, 2010 · No. 09-2838

Summary

The United States Court of Appeals for the Eighth Circuit affirmed the denial of Tammy Hulsey's application for supplemental security income benefits. The court held that the vocational expert's hypothetical adequately accounted for Hulsey's borderline intellectual functioning and other mental impairments, and that substantial evidence supported the Appeals Council's conclusion that she could perform unskilled housekeeping work.

Court
United States Court of Appeals for the Eighth Circuit
Writing for the Court
Colloton, Circuit Judge; Riley, Chief Judge; Benton, Circuit Judge
Jurisdiction
Federal
Decision date
October 15, 2010
Docket number
09-2838
Procedural posture
Appeal from a district court judgment affirming the Commissioner's final decision denying Hulsey's application for supplemental security income benefits.
Standard of review
The court reviews de novo the district court's decision upholding the denial of Social Security benefits and affirms if the Commissioner's decision is supported by substantial evidence on the record as a whole. Vocational-expert testimony constitutes substantial evidence when based on a hypothetical accounting for all of the claimant's proven impairments.
Precedential value
Published, precedential federal appellate opinion
Parties
Tammy Hulsey v. Michael J. Astrue, Commissioner of Social Security Administration
Disposition
affirmed

Topics

judicial review of agency actionagency adjudicationadministrative law

Practice areas

Social SecurityAdministrative LawDisability BenefitsAppellate Procedure

Questions Presented

  1. Whether the ALJ's hypothetical adequately accounted for Hulsey's borderline intellectual functioning.
  2. Whether the hypothetical adequately accounted for Hulsey's anxiety, depression, and somatoform disorder.
  3. Whether the law-of-the-case doctrine barred reliance on the cleaner, housekeeping occupation because of the district court's prior ruling concerning physical handling limitations.

Holdings

  1. The hypothetical adequately accounted for Hulsey's borderline intellectual functioning by limiting her to unskilled work involving only superficial interpersonal contact, and the Commissioner's finding that she could perform cleaner, housekeeping work was supported by substantial evidence.
  2. The hypothetical adequately described the work limitations caused by Hulsey's anxiety, depression, and somatoform disorder.
  3. The law-of-the-case doctrine did not require reversal because Hulsey waived the argument by failing to raise it in the district court, and, in any event, the prior ruling addressed a different hypothetical and did not preclude a different conclusion based on substantially different evidence.

Key quotations

Substantial evidence means less than a preponderance, but sufficient evidence that a reasonable person would find adequate to support the decision. (922)
A vocational expert's testimony constitutes substantial evidence when it is based on a hypothetical that accounts for all of the claimant's proven impairments. (922)

Factual background

Hulsey alleged disability based on carpal tunnel syndrome, hypertension, headaches, depression, anxiety, somatoform disorder, and borderline intellectual functioning. At the most recent administrative hearing, the ALJ limited the hypothetical claimant to light, unskilled work with no constant repetitive handling, no repetitive bending or stooping, no overhead work, and only superficial interpersonal contact. A vocational expert identified cashier and housekeeping work, and the Appeals Council ultimately relied on the cleaner, housekeeping occupation, which had an SVP of two and a reasoning-development level of one.

Procedural history

Hulsey filed an SSI application in 1993. After multiple administrative hearings, Appeals Council remands, and district court review, the district court remanded once for further consideration of residual functional capacity and later affirmed the Appeals Council's denial of benefits. The Eighth Circuit reviewed the district court's judgment and affirmed.

Court Document

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