Opinions and documents
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
EVANNE C.,
MEMORANDUM DECISION AND
ORDER AFFIRMING THE
Plaintiff,
COMMISSIONER’S DECISION
DENYING DISABILITY BENEFITS
v.
FRANK BISIGNANO, Commissioner of the
Case No. 2:25-cv-00863
Social Security Administration,
Magistrate Judge Daphne A. Oberg
Defendant.
Evanne C.1 brought this action for judicial review of the denial of her application
for disability insurance benefits and supplemental security income.2 The administrative
law judge (ALJ) who addressed Ms. C.’s application determined she did not qualify as
disabled.3 Ms. C. argues the ALJ improperly found her capable of “frequent feeling”
based on lay opinion, after rejecting all medical opinions regarding manipulative
limitations.4 As explained below, the ALJ applied the correct legal standards, and
1 Pursuant to best practices in the District of Utah addressing privacy concerns in court
orders in certain cases, including social security cases, the plaintiff is referred to by first
name and last initial only.
2 (Compl., Doc. No. 1.)
3 (Certified Tr. of Admin. R. (Tr.) 10–23, Doc. No. 10.)
4 (See Opening Br. 1, 6, Doc. No. 13.)
substantial evidence supports her findings. Accordingly, the Commissioner’s decision is
affirmed.5
STANDARD OF REVIEW
Sections 405(g) and 1383(c)(3) of Title 42 of the United States Code provide for
judicial review of the Commissioner’s final decision. This court reviews the ALJ’s
decision to determine whether substantial evidence supports her factual findings and
whether she applied the correct legal standards.6 “[F]ailure to apply the correct legal
standard or to provide this court with a sufficient basis to determine that appropriate
legal principles have been followed is grounds for reversal.”7
An ALJ’s factual findings are “conclusive if supported by substantial evidence.”8
Although the evidentiary sufficiency threshold for substantial evidence is “not high,” it is
“more than a mere scintilla.”9 Substantial evidence is “such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion.”10 “The possibility
of drawing two inconsistent conclusions from the evidence does not prevent an
5 The parties consented to proceed before a magistrate judge in accordance with 28
U.S.C. § 636(c) and Rule 73 of the Federal Rules of Civil Procedure. (Doc. No. 5.)
6 See 42 U.S.C. § 405(g); Lax v. Astrue, 489 F.3d 1080, 1084 (10th Cir. 2007).
7 Jensen v. Barnhart, 436 F.3d 1163, 1165 (10th Cir. 2005) (citation omitted).
8 Biestek v. Berryhill, 587 U.S. 97, 102 (2019) (internal quotation marks omitted).
9 Id. at 103 (citation omitted).
10 Id. (citation omitted).
administrative agency’s findings from being supported by substantial evidence.”11 And
the court may not reweigh the evidence or substitute its judgment for that of the ALJ.12
APPLICABLE LAW
The Social Security Act defines “disability” as the inability “to engage in any
substantial gainful activity by reason of any medically determinable physical or mental
impairment” expected to result in death or last for at least twelve consecutive months.13
An individual is considered disabled only if her impairments are so severe, she cannot
perform her past work or “any other kind of substantial gainful work.”14
To determine if a claimant qualifies as disabled, the ALJ uses a five-step
sequential evaluation, considering whether:
1) the claimant is engaged in substantial gainful activity;
2) she has a severe medically determinable physical or mental impairment;
3) the impairment is equivalent to an impairment precluding substantial gainful
activity (listed in the appendix of the relevant disability regulation);
4) she has the residual functional capacity to perform past relevant work; and
11 Lax, 489 F.3d at 1084 (citation omitted).
12 Langley v. Barnhart, 373 F.3d 1116, 1118 (10th Cir. 2004).
13 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A).
14 Id. §§ 423(d)(2)(A), 1382c(a)(3)(B).
5) she has the residual functional capacity to perform other work, considering
her age, education, and work experience.15
In the first four steps, the claimant has the burden of establishing disability.16 And at
step five, the Commissioner must show the claimant retains the ability to perform other
work in the national economy.17
PROCEDURAL HISTORY
Ms. C. applied for disability insurance benefits and supplemental security
income.18 After an administrative hearing,19 the ALJ issued a decision, finding Ms. C.
not disabled and denying benefits.20
At step two of the sequential evaluation, the ALJ found Ms. C. had severe
impairments of degenerative disc disease of the lumbar and cervical spine, obesity, and
bipolar disorder.21 The ALJ determined Ms. C. also had nonsevere impairments of
15 See 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4); Bowen v. Yuckert, 482 U.S. 137,
140–42 (1987); Williams v. Bowen, 844 F.2d 748, 750–51 (10th Cir. 1988).
16 Ray v. Bowen, 865 F.2d 222, 224 (10th Cir. 1989).
17 Id.
18 (See Tr. 305–26.)
19 (Tr. 51–76.)
20 (Tr. 10–23.)
21 (Tr. 13.)
hypertension and a torn meniscus.22 At step three, the ALJ concluded Ms. C.’s
impairments did not meet or medically equal an impairment listing.23
The ALJ then found Ms. C. had the residual functional capacity (RFC) to perform
“light work” with certain limitations:
[S]he can frequently balance, occasionally stoop, kneel, crouch, crawl,
climb ramps, and climb stairs, and frequently feel with her dominant right
upper extremity. The claimant can never climb ladders, ropes, or scaffolds,
and she can have no exposure to workplace hazards, including unprotected
heights and moving mechanical parts. She can perform simple, routine
tasks, but not at a production rate pace, while she can make simple work-
related decisions, have occasional interaction with supervisors, occasional
superficial interaction with coworkers, and no interaction with the public.24
At step four, the ALJ determined Ms. C. had no past relevant work.25 But at step
five, based on her RFC and the testimony of a vocational expert, the ALJ found Ms. C.
capable of jobs in the national economy.26 Accordingly, the ALJ concluded Ms. C. was
not disabled and denied her claims.27 This decision became final when the Appeals
Council denied Ms. C.’s request for review.28
22 (Id.)
23 (Tr. 13–15.)
24 (Tr. 15–16.)
25 (Tr. 20.)
26 (Tr. 21–22.)
27 (Tr. 22.)
28 (Tr. 1–3.)
ANALYSIS
Ms. C. raises a single claim of error relating to the RFC determination: she
argues the ALJ improperly found her capable of “frequent feeling” based on lay opinion,
after rejecting all medical opinions regarding manipulative limitations.29
A claimant’s RFC reflects the most she can do in a work setting considering her
limitations.30 In assessing RFC, the ALJ considers “the extent to which an individual’s
medically determinable impairment(s), including any related symptoms, such as pain,
may cause physical or mental limitations or restrictions that may affect his or her
capacity to do work-related physical and mental activities.”31 The ALJ considers all
relevant evidence in the record.32
In assessing RFCs, ALJs must consider the persuasiveness of medical opinions
and prior administrative medical findings—and explain how they consider the
supportability and consistency of opinion evidence.33 But “there is no requirement in the
regulations for a direct correspondence between an RFC finding and a specific medical
opinion on the functional capacity in question.”34 “[T]he ALJ, not a physician, is charged
29 (See Opening Br. 1, 6, Doc. No. 13.)
30 See 20 C.F.R. §§ 404.1545(a)(1), 416.945(a)(1); SSR 96-8p, 1996 SSR LEXIS 5, at
*1–2 (July 2, 1996).
31 SSR 96-8p, 1996 SSR LEXIS 5, at *5.
32 See 20 C.F.R. §§ 404.1545(a)(3) 416.945(a)(3).
33 20 C.F.R. §§ 404.1520c, 416.920c.
34 Chapo v. Astrue, 682 F.3d 1285, 1288 (10th Cir. 2012).
with determining a claimant’s RFC from the medical record.”35 This is because “[t]he
determination of RFC is an administrative assessment, based upon all the evidence of
how the claimant’s impairments and related symptoms affect her ability to perform
work-related activities.”36
Here, the ALJ reviewed prior administrative findings from state agency medical
consultants, who found Ms. C. had no manipulative limitations.37 While the ALJ
considered the consultants persuasive on some issues, she found they “did not
adequately address the specific findings as to [Ms. C.’s] cervical radiculopathy, which
caused right hand sensory deficits at multiple examinations.”38 The ALJ then
considered a medical opinion from Ms. C.’s treating provider, Alex Childs, PA-C.39 Mr.
Childs opined Ms. C. could never reach, handle, finger, or feel with either hand (among
other limitations).40 The ALJ found this opinion largely unpersuasive.41 As she
explained, Mr. Childs provided “insufficient objective citation to support his opinion,”
where he only cited MRI findings and a single examination showing mild lower extremity
35 Id. (alteration in original) (citation omitted).
36 Young v. Barnhart, 146 F. App’x 952, 955 (10th Cir. 2005) (unpublished); see also
SSR 96-8p, 1996 SSR LEXIS 5, at *5.
37 (See Tr. 20.)
38 (Id.)
39 (See id.)
40 (See id.)
41 (Id.)
weakness.42 The ALJ concluded the opined manipulative limitations “were an
exaggeration” because “the evidence (including [Mr. Childs’] own) . . . shows a few
instances of right upper extremity sensory deficits, but nothing in terms of the left upper
extremity, weakness in either hand, or other issues that would make them essentially
unusable, as Mr. Childs indicated.”43
In the absence of persuasive medical opinion evidence on this issue, the ALJ
relied on other evidence to determine Ms. C.’s manipulative limitations. Specifically,
she stated: “The abnormal sensation noted in the claimant’s right upper extremity in
2020 and 2021 also led me to find that she could frequently feel with that extremity,
though I did not find adequate support for any greater level of limitation because
subsequent examination records did not reflect similar findings.”44
The ALJ did not err in assessing Ms. C.’s manipulative limitations without relying
on medical opinion evidence. Faced with conflicting opinions on this issue, she adopted
a middle ground—an approach the Tenth Circuit has approved.45 And the ALJ
adequately explained her rationale for the middle-ground manipulative limitation. She
42 (Id.)
43 (Id. (citing Tr. 490–555, 629–48, 671–94, 701–12, 720–31 (hearing exhibits B4F,
B12F, B14F, B16F, B17F, and B19F)).)
44 (Tr. 17.)
45 See Smith v. Colvin, 821 F.3d 1264, 1268 (10th Cir. 2016) (“Faced with [] conflicting
opinions [regarding manipulative limitations], the administrative law judge adopted a
middle ground. . . . In this manner, the judge arrived at an assessment between the two
medical opinions without fully embracing either one. We upheld this approach in Chapo
v. Astrue, 682 F.3d 1285, 1288 (10th Cir. 2012).”).
noted the record contained a few instances of right upper extremity sensory deficits and
abnormal sensation for part of the relevant time period—but no evidence of left upper
extremity limitations, weakness in either hand, or other issues making Ms. C.’s hands
unusable.46 The evidence the ALJ cited is more than a “mere scintilla”47 and qualifies
as substantial evidence supporting her findings.48
Ms. C. contends the ALJ based her findings on improper lay interpretation of raw
medical data.49 But nothing in ALJ’s decision suggests this. The ALJ cited medical
providers’ observations and assessments—not her own interpretation of raw medical
data.50 And it fell properly within her role to determine Ms. C.’s RFC limitations based
on the medical record.51
46 (Tr. 17, 20 (citing Tr. 490–555, 629–48, 671–94, 701–12, 720–31).) Ms. C. notes that
the ALJ’s initial discussion of manipulative limitations lacks any citation to record
evidence, (see Tr. 17), but the ALJ cited examination records relating to manipulative
limitations when discussing opinion evidence on this issue, (see Tr. 20).
47 Biestek, 587 U.S. at 103.
48 (See, e.g., Tr. 498, 503, 516 (documenting Ms. C.’s reports of numbness or
“abnormal” sensation in her right upper extremity).)
49 (Opening Br. 6–7, Doc. No. 13.)
50 See Neal v. Comm’r, Soc. Sec. Admin., 782 F. App’x 722, 724 (10th Cir. 2019)
(unpublished) (finding an ALJ did not make an improper lay interpretation of medical
evidence where the ALJ did not interpret raw medical data or step into the shoes of a
medical examiner).
51 See Chapo, 682 F.3d at 1288 (“[T]he ALJ, not a physician, is charged with
determining a claimant’s RFC from the medical record.” (alternation in original) (citation
omitted)).
Ms. C. also argues the ALJ failed to explain why she assessed no limitations in
reaching, handling, or fingering.°* But the ALJ did explain this, in her rejection of Mr.
Childs’ opinion that Ms. C. could never reach, handle, finger, or feel. She noted that
other than “a few instances of right upper extremity sensory deficits,” the record
contained no evidence of weakness or “other issues.”°? The ALJ reasonably found this
evidence supported only feeling limitations.** Ms. C.’s argument to the contrary is
merely an invitation to reweigh the evidence, which the court cannot
For all these reasons, Ms. C. has not shown the ALJ erred in her assessment of
Ms. C.’s manipulative limitations.
CONCLUSION
The Commissioner’s decision is affirmed.
DATED this 8th day of September 2026.
BY THE COURT:
Scletad —
United States Magistrate Judge
(Opening Br. 8-9, Doc. No. 13.)
(Tr. 20.)
4 (See Tr. 17.)
See Langley, 373 F.3d at 1118.
10
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