[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 09-15631 ELEVENTH CIRCUIT
MAY 5, 2010
Non-Argument Calendar
JOHN LEY
________________________
CLERK
D. C. Docket No. 08-00047-CV-1-MMP
MIRIAM G. EHRISMAN,
Plaintiff-Appellant,
versus
MICHAEL J. ASTRUE,
Commissioner of Social Security Administration,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Northern District of Florida
_________________________
(May 5, 2010)
Before BARKETT, HULL and WILSON, Circuit Judges.
PER CURIAM:
Miriam G. Ehrisman appeals the district court’s order affirming the
Commissioner of Social Security’s (“Commissioner”) denial of her application for
disability insurance benefits (“DIB”) and supplemental security income (“SSI”)
pursuant to 42 U.S.C. § 405(g). On appeal, Ehrisman argues that the
Administrative Law Judge (“ALJ”) erred at step four of the sequential evaluation
process by failing to complete a Mental Residual Functional Capacity Assessment
(“MRFCA”) and by failing to consider her mental and physical impairments in
combination. Upon review of the record, and consideration of the parties’ briefs,
we affirm.
I.
“In Social Security appeals, we review de novo the legal principles upon
which the [ALJ’s] decision is based. However, we review the resulting decision
only to determine whether it is supported by substantial evidence.” Moore v.
Barnhart, 405 F.3d 1208, 1211 (11th Cir. 2005) (per curiam) (citations omitted).
“Substantial evidence is less than a preponderance, but rather such relevant
evidence as a reasonable person would accept as adequate to support a
conclusion.” Id. (citation omitted). We, therefore, will not “decid[e] the facts
anew, mak[e] credibility determinations, or re-weigh[] the evidence.” Id. (citation
omitted).
II.
An individual seeking disability benefits or supplemental security income
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must prove that she is disabled and unable to perform her past relevant work. Id.
(citation omitted). The Social Security regulations outline a five-step, sequential
evaluation process to determine whether a claimant is disabled. Id. (citation
omitted); see 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). The ALJ must evaluate
whether: (1) the claimant engaged in substantial gainful employment; (2) the
claimant has a severe impairment; (3) the severe impairment meets or equals an
impairment in the Listing of Impairments; (4) the claimant has the Residual
Functional Capacity (“RFC”) to perform past relevant work; and (5) in light of the
claimant’s RFC, age, education, and work experience, there are other jobs the
claimant can perform. 20 C.F.R §§ 404.1520(a)(4), 416.920(a)(4); see Phillips v.
Barnhart, 357 F.3d 1232, 1237 (11th Cir. 2004). If the ALJ determines that the
claimant is not disabled at any step of the evaluation process, the inquiry ends. 20
C.F.R. §§ 404.1520(a)(4), 416.920(a)(4).
At step four of the sequential evaluation process, the ALJ assesses the
claimant’s RFC and ability to do past relevant work. Id. §§ 404.1520(a)(4)(iv),
416.920(a)(4)(iv). “The [RFC] is an assessment, based upon all of the relevant
evidence, of a claimant’s remaining ability to do work despite [her] impairments.”
Lewis v. Callahan, 125 F.3d 1436, 1440 (11th Cir. 1997) (citation omitted). In
evaluating a claimant’s RFC, the ALJ considers the claimant’s ability to “meet the
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physical, mental, sensory, and other requirements of work.” 20 C.F.R. §§
404.1545(a)(4), 416.945(a)(4). The ALJ must consider all of a claimant’s
medically determinable impairments, even those not designated as severe. Id.
§§ 404.1545(a)(2), 416.945(a)(2).
III.
A. The MRFCA
Ehrisman argues that the ALJ erred by not completing an MRFCA. This
argument is unpersuasive.
In the case of a “colorable claim of mental impairment, the social security
regulations require the ALJ to complete a [Psychiatric Review Technique Form
(“PRTF”)] and append it to the decision, or incorporate its mode of analysis into
his findings and conclusions. Failure to do so requires remand.” Moore, 405 F.3d
at 1214 (emphasis added); see 20 C.F.R. §§ 404.1520a(e)(2), 416.920a(e)(2).
Social Security regulations “require the ALJ to use the ‘special technique’ dictated
by the PRTF for evaluating mental impairments.” Moore, 405 F.3d at 1213 (citing
20 C.F.R. § 404.1520a(a)); 20 C.F.R. § 416.920a(a). “This technique requires
separate evaluations on a four-point scale of how the claimant’s mental impairment
impacts four functional areas: ‘activities of daily living; social functioning;
concentration, persistence, or pace; and episodes of decompensation.’” Moore,
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405 F.3d at 1213 (citing 20 C.F.R. § 404.1520a(c)(3–4)); 20 C.F.R. §
416.920a(c)(3–4). “The ALJ is required to incorporate the results of this technique
into the findings and conclusions.” Moore, 405 F.3d at 1213–14 (citing 20 C.F.R.
§ 404.1520a(e)(2)); 20 C.F.R. § 416.920a(e)(2).
The record shows that while considering Ehrisman’s depression, the ALJ
properly employed the four PRTF functional limitation categories and rendered a
finding about the degree of limitation as to each category. R2 at 19; see 20 C.F.R.
§§ 404.1520a(b) and (c), 416.920a(b) and (c). In evaluating her mental limitations,
the ALJ concluded that Ehrisman had “mild restriction of activities of daily living;
mild difficulties in maintaining social functioning; moderate difficulties in
maintaining concentration, persistence or pace; and no episodes of
decompensation.” R2 at 19. Ehrisman has cited no controlling authority holding
that, in addition to performing a PRTF analysis, the ALJ must complete a separate
MRFCA form or undertake a separate MRFCA analysis. The ALJ’s decision
indicates that he appropriately incorporated the PRTF mode of analysis into his
findings and conclusions, as required by the Social Security regulations.1
Accordingly, we find no error.
1
See Maier v. Comm’r of Soc. Sec. Admin., 154 F.3d 913, 915 (9th Cir. 1998) (holding
that the ALJ did not err by failing to append a MRFCA form because the form does not
encompass any of the criteria involved in steps one through four).
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B. The Combination of Impairments
Ehrisman also asserts that the ALJ failed to consider her impairments in
combination. This argument has no merit.
“When a claimant has alleged a multitude of impairments, a claim for social
security benefits may lie even though none of the impairments, considered
individually, is disabling.” Walker v. Bowen, 826 F.2d 996, 1001 (11th Cir. 1987)
(per curiam) (citation and quotation omitted). The ALJ must “make specific and
well-articulated findings as to the effect of the combination of impairments and . . .
decide whether the combined impairments cause the claimant to be disabled.” Id.
(citation and quotation omitted); 20 C.F.R. §§ 404.1523, 416.923.
The record demonstrates that the ALJ considered all of Ehrisman’s
impairments in combination prior to determining her RFC. R2 at 19–20. In
making a credibility determination, the ALJ accounted for both her depression and
degenerative disc disease. Id. He then compared Ehrisman’s RFC with the
“physical and mental” demands of her past work and concluded that “even with
nonexertional limitations due to her depression,” she was capable of performing
“past work as a maid or counter clerk as she actually performed it.” Id. at 19,
21–22. Although the ALJ did not specifically include the findings as to
Ehrisman’s mental limitations in the statement of her RFC, any error to this extent
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is harmless since the ALJ’s decision indicated that its conclusions were based on
consideration of both her physical and mental impairments.2 Id. at 19–21; see 20
C.F.R. §§ 404.1545(b),(c), 416.945(b),(c).
Additionally, to the extent Ehrisman argues that the ALJ failed to develop
the requirements of her past relevant work, she has shown no error because the
ALJ properly consulted the Dictionary of Occupational Titles. R2 at 21; see 20
C.F.R. §§ 404.1560(b)(2), 416.960(b)(2). Accordingly, we find that the ALJ did
not err at step four of the sequential analysis.
C. Testimony from a Vocational Expert
In the alternative, Ehrisman argues that the ALJ committed reversible error
at step five by not taking testimony from a vocational expert. Ehrisman, however,
offers no discussion of this point other than a conclusory statement with no
supporting legal authority, and so the argument is waived. See Access Now, Inc.,
385 F.3d 1324, 1330 (11th Cir. 2004) (holding that a party waives an issue where
she fails to offer argument on it in her appellate brief). Furthermore, because the
ALJ found Ehrisman not disabled at step four of the sequential evaluation process,
2
The ALJ’s decision states that none of the Ehrisman’s treating physicians opined that
her impairments precluded her from the performance of work activity at any exertional level. R2
at 20. Furthermore, the ALJ indicated that Ehrisman reported no history of mental illness or
treatment for mental or emotional difficulties. Ehrisman also claimed that she did not think she
was depressed, but was upset only because of what was happening to her due to the accident. Id.
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we need not address this issue at step five.
IV.
Because the ALJ’s decision was supported by substantial evidence, and
Ehrisman has not shown reversible error in the ALJ’s determination that she was
not disabled at step four of the sequential evaluation process, we affirm.
AFFIRMED.
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