Shontos v. Barnhart

328 F.3d 418 (2003)

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Shontos v. Barnhart

United States Court of Appeals for the Eighth Circuit
328 F.3d 418 (2003)

Facts

Shirley Shontos (plaintiff) applied to the Social Security Administration (SSA) (defendant) for disabled widow’s benefits, claiming an inability to work because of multiple impairments, including borderline intellectual functioning, degenerative joint disease, and depression. Shontos sought counseling at Gannon Center from clinical psychologist Julian Burn, who diagnosed Shontos with major depressive disorder and anxiety. Shontos also saw certified counselor Sandy Bookmeyer for weekly counseling sessions for nearly a year and monthly appointments thereafter. Anabel Flaherty, a Gannon Center nurse practitioner, also counseled Shontos, finding that Shontos had anxiety, depression, and severe limitations in residual functional capacity (RFC). Burn and Bookmeyer agreed that Shontos had little to no ability to perform most work-related activities. State-agency psychological consultants Dee Wright and Mark Souza reviewed Shontos’s records, determining that Shontos’s disorders did not meet or equal listed impairments and that Shontos could perform simple work-related tasks. The SSA denied Shontos’s application. Relying on Souza’s and Wright’s opinions, the reviewing administrative-law judge (ALJ) concluded that Shontos had sufficient RFC to perform tasks consistent with certain jobs. The ALJ did not give Bookmeyer’s or Flaherty’s opinions controlling weight because Bookmeyer and Flaherty were not licensed physicians. The ALJ concluded that the combination of Shontos’s conditions did not equal a listed impairment, finding Shontos ineligible for benefits. The appeals council and district court affirmed. Shontos appealed.

Rule of Law

Issue

Holding and Reasoning (Lay, J.)

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