Jennifer Dunlop v. Commissioner of Social Security , 518 F. App'x 691 ( 2013 )


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  •              Case: 11-15627    Date Filed: 05/02/2013   Page: 1 of 6
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 11-15627
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 9:10-cv-80631-KMW
    JENNIFER DUNLOP,
    as legal Representative of CWS, a minor,
    Plaintiff-Appellant,
    versus
    COMMISSIONER OF SOCIAL SECURITY,
    Defendant-Appellee.
    ________________________
    Appeal from the United States District Court
    for the Southern District of Florida
    ________________________
    (May 2, 2013)
    Before TJOFLAT, CARNES, and PRYOR, Circuit Judges.
    PER CURIAM:
    Case: 11-15627        Date Filed: 05/02/2013       Page: 2 of 6
    Jennifer Dunlop, as legal representative of her minor daughter CWS, appeals
    the district court’s order affirming the Commissioner’s denial of CWS’s
    application for supplemental security income benefits. Dunlop contends that the
    administrative law judge erred by finding that CWS was not disabled within the
    meaning of the Social Security Act.
    CWS was born with a missing middle finger on her right hand and had
    mental impairments that were characterized as separation anxiety and an
    adjustment disorder. Dunlop applied for supplemental security income benefits on
    behalf of CWS, but the application was denied. Dunlop requested a hearing before
    an ALJ, who found that CWS was not disabled and was not entitled to benefits.
    She then filed a complaint in federal district court, where a magistrate judge
    recommended affirming the ALJ’s decision. The district court adopted the
    magistrate judge’s report and recommendation. This is Dunlop’s appeal.1
    1
    Dunlop initially filed a pro se appeal on behalf of her minor daughter CWS. We sua
    sponte entered a stay and ordered the parties to show cause why Dunlop, a non-lawyer, could
    appear before us in a representative capacity. After receiving the parties’ responses to the order
    to show cause, a single judge of this Court ordered the following issue to be carried with the
    case: “Whether this Circuit should, in cases involving a minor child’s claim for Supplemental
    Social Security disability benefits, recognize an exception to the general rule that a non-attorney
    parent may not represent a minor child in federal court.” In that same order, however, the single
    judge appointed counsel to represent Dunlop. That made the issue of whether Dunlop may
    proceed without counsel moot, and we therefore do not address it. See Al Najjar v. Ashcroft,
    
    273 F.3d 1330
    , 1336 (11th Cir. 2001) (“Any decision on the merits of a moot case or issue would
    be an impermissible advisory opinion.”) (quotation marks omitted).
    As appointed counsel, Eric M. Cohen of Miami has performed admirably and rendered a
    service to appellant and to this Court.
    2
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    “We review the ALJ’s decision to determine if it is supported by substantial
    evidence and based on proper legal standards.” Crawford v. Comm’r of Soc. Sec.,
    
    363 F.3d 1155
    , 1158 (11th Cir. 2004) (quoting Lewis v. Callahan, 
    125 F.3d 1436
    ,
    1439 (11th Cir. 1997)). “Substantial evidence is more than a scintilla and is such
    relevant evidence as a reasonable person would accept as adequate to support a
    conclusion.” 
    Id.
     (quoting Lewis, 125 F.3d at1439).
    To determine whether a minor child is disabled, the ALJ must follow a
    three-step sequential process, considering whether the child: (1) is engaged in
    “substantial gainful activity”; (2) has a medically determinable “severe”
    impairment or combination of impairments; and (3) has an impairment or
    combination of impairments that meets, medically equals, or functionally equals
    the severity of an impairment listed in the Code of Federal Regulations. 
    20 C.F.R. § 416.924
    . The ALJ applied that three-step process, concluding that CWS had not
    engaged in substantial gainful activity, her impairments were “severe,” but her
    combination of impairments did not meet, medically equal, or functionally equal
    the severity of a listed impairment.
    Dunlop contends that the ALJ erred by finding that: (1) CWS’s mental
    impairment was not medically equal to a listed impairment; and (2) CWS’s
    combination of impairments was not functionally equal to a listed impairment. As
    to the first contention, substantial evidence supports the ALJ’s determination that
    3
    Case: 11-15627     Date Filed: 05/02/2013   Page: 4 of 6
    CWS’s mental impairment was not medically equal to a listed impairment.
    Various medical reports noted that CWS behaved appropriately for her age and
    two physicians concluded that her impairments, although severe, did not meet or
    medically equal the severity of a listed impairment. Dunlop points to the report of
    a social worker and a physician who conducted a mental health evaluation of CWS
    in support of her contention that the ALJ’s conclusion was erroneous. But the
    existence of evidence that is arguably inconsistent with the ALJ’s conclusion is not
    grounds for reversal. See Crawford, 
    363 F.3d at
    1158–59 (“Even if the evidence
    preponderates against the ALJ’s decision, we must affirm the decision so long as it
    is supported by substantial evidence.”)
    As to Dunlop’s second contention, to determine whether CWS’s
    impairments functionally equal a listed impairment the ALJ must assess how CWS
    functions in six “domains”: (1) acquiring and using information; (2) attending and
    completing tasks; (3) interacting and relating with others; (4) moving about and
    manipulating objects; (5) caring for self; and (6) health and physical well-being.
    
    20 C.F.R. § 416
    .926a(b)(1). The ALJ evaluated the six domains and concluded
    that CWS had “no limitation” in four of them and “a less than marked limitation”
    in two of them: (1) moving about and manipulating objects; and (2) health and
    physical well-being.
    4
    Case: 11-15627        Date Filed: 05/02/2013       Page: 5 of 6
    Dunlop contends that the ALJ erred by failing to conclude that CWS had
    “marked” or “extreme” limitations in four of the domains: (1) attending and
    completing tasks; (2) moving about and manipulating objects; (3) caring for self;
    and (4) health and physical well-being. In support of her contention, Dunlop
    points to statements in medical reports and assessments by CWS’s teachers that
    she claims suggest that CWS actually had significant limitations in those four
    domains. The ALJ’s conclusion, however, is supported by substantial evidence
    that showed that CWS’s mental impairments did not prevent her from functioning
    similarly to a normal child of her age and that despite the physical limitations of
    her right hand, she was able to use her left hand to perform most of the functions
    that an unimpaired child of her age is able to perform. 2
    Regardless of the evidence that might suggest that CWS’s impairments were
    more severe than the ALJ concluded, the record as a whole contains sufficient
    evidence for a reasonable person to accept the ALJ’s conclusion that CWS’s
    impairments did not meet, medically equal, or functionally equal a listed
    2
    Dunlop also contends that CWS’s hand impairment functionally equals a listed
    impairment because it is a “condition that is disabling at the time of onset, requiring continuing
    surgical management within 12 months as a life-saving measure or for salvage or restoration of
    function, and such major function is not restored or is not expected to be restored within 12
    months after onset of this condition.” See 
    20 C.F.R. § 416
    .926a(m)(2) (giving examples of
    impairments that functionally equal the listed impairments). That contention is not supported by
    the record because although CWS’s surgeries improved the function of her right hand, there is no
    evidence that surgery was required to restore function.
    5
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    impairment. Accordingly, substantial evidence supports the ALJ’s decision and
    we affirm. See Crawford, 
    363 F.3d at
    1158–59.
    AFFIRMED.
    6
    

Document Info

Docket Number: 11-15627

Citation Numbers: 518 F. App'x 691

Judges: Carnes, Per Curiam, Pryor, Tjoflat

Filed Date: 5/2/2013

Precedential Status: Non-Precedential

Modified Date: 8/6/2023