USCA11 Case: 22-10677 Document: 25-1 Date Filed: 02/07/2023 Page: 1 of 7
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-10677
Non-Argument Calendar
____________________
LANTHA JEAN OWENS,
Plaintiff-Appellant,
versus
SOCIAL SECURITY ADMINISTRATION, COMMISSIONER,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Northern District of Alabama
D.C. Docket No. 4:20-cv-01635-ACA
____________________
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2 Opinion of the Court 22-10677
Before LAGOA, BRASHER, and EDMONDSON, Circuit Judges.
PER CURIAM:
Lantha Owens appeals the district court’s order affirming
the Social Security Commissioner’s denial of her application for dis-
ability insurance benefits (“DIB”) and supplemental security in-
come (“SSI”). No reversible error has been shown; we affirm.
I.
When -- as in this case -- an Administrative Law Judge
(“ALJ”) denies an application for benefits and the Appeals Council
denies review, we review the ALJ’s decision as the Commissioner’s
final decision. See Doughty v. Apfel, 245 F.3d 1274, 1278 (11th Cir.
2001).
Our review of the Commissioner’s decision is limited to
whether substantial evidence supports the decision and whether
the correct legal standards were applied. See Winschel v. Comm’r
of Soc. Sec., 631 F.3d 1176, 1178 (11th Cir. 2011). “Substantial evi-
dence is more than a scintilla and is such relevant evidence as a rea-
sonable person would accept as adequate to support a conclusion.”
Id. We review de novo the ALJ’s application of the law. See
Harner v. Comm’r, Soc. Sec. Admin., 38 F.4th 892, 896 (11th Cir.
2022).
A person who applies for Social Security DIB or for SSI ben-
efits must first prove that she is disabled. See 20 C.F.R. §§
404.1512(a), 416.912(a). The Social Security Regulations outline a
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22-10677 Opinion of the Court 3
five-step sequential evaluation process for determining whether a
claimant is disabled. See 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4).
The ALJ must evaluate (1) whether the claimant engaged in sub-
stantial gainful work; (2) whether the claimant has a severe impair-
ment; (3) whether the severe impairment meets or equals an im-
pairment in the Listings of Impairments; (4) whether the claimant
has the residual functional capacity (“RFC”) to perform her past
relevant work; and (5) whether, in the light of the claimant’s RFC,
age, education, and work experience, there exist other jobs in the
national economy the claimant can perform. Id.
II.
Owens first applied for DIB and SSI benefits in July 2014.
Owens alleged that she was unable to work due to her disabling
mental and physical conditions. Following an October 2019 hear-
ing, 1 the ALJ denied Owens’s application.
Applying the five-step evaluation process, the ALJ found
that Owens suffered from these severe impairments: mood disor-
der, degenerative disc disease, status post anterior cervical discec-
tomy and fusion at C6-C7, bipolar disorder, depression, anxiety,
cannabis abuse, and nicotine dependence. The ALJ, however, de-
termined that Owens had no impairment or combination of
1 The ALJ first denied Owens’s application in June 2015. In an earlier appeal
from that denial, we granted the Commissioner’s unopposed motion to re-
mand for further proceedings. The October 2019 hearing was conducted on
remand.
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4 Opinion of the Court 22-10677
impairments that met or medically equaled an impairment in the
Listing of Impairments. Pertinent to this appeal, the ALJ concluded
that Owens’s mental impairment did not meet the criteria for List-
ing 12.04 (“Depressive, bipolar and related disorders”) or for List-
ing 12.06 (“Anxiety and obsessive-compulsive disorders”).
The ALJ next determined that Owens had the RFC to per-
form light work with several specified physical and mental limita-
tions. Considering Owens’s age, education, work experience, and
RFC -- together with testimony of the vocational expert -- the ALJ
determined that Owens could perform work in the national econ-
omy. Accordingly, the ALJ concluded that Owens was not disa-
bled.
Owens administratively appealed the ALJ’s decision to the
Appeals Council. The Appeals Council denied Owens’s request for
review. The district court affirmed.
III.
On appeal, Owens first contends that the ALJ failed to ac-
cord proper weight to the medical opinion of Dr. Wilson: a psy-
chologist who examined Owens one time. Owens, however, offers
no substantive argument challenging the weight given to Dr. Wil-
son’s opinion. And -- instead of disputing the ALJ’s stated reasons
for assigning little weight to Dr. Wilson’s opinion -- Owens con-
tends only that the ALJ’s stated reasons are “vague” and inade-
quate.
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22-10677 Opinion of the Court 5
This portion of Owens’s counseled brief consists of page-
long block quotes from the ALJ’s decision in this case and from two
cases decided by this Court (one of which is unpublished). Owens
seems to cite our earlier decisions for the broad proposition that
the ALJ must “state with at least some measure of clarity the
grounds for his decision.” See Winschel, 631 F.3d at 1179 (noting
that -- absent a clearly articulated statement of the ALJ’s reasons for
disregarding a medical opinion -- “it is impossible for a reviewing
court to determine whether the ultimate decision on the merits of
the claim is rational and supported by substantial evidence”). Ow-
ens offers no discussion about how the cited cases are similar to
Owens’s circumstances or otherwise support her argument. We
have said that an appellant forfeits an issue when she “makes only
passing references to it or raises it in a perfunctory manner without
supporting arguments and authority.” See Sapuppo v. Allstate Flo-
ridian Ins. Co., 739 F.3d 678, 681 (11th Cir. 2014). Under the cir-
cumstances presented here, Owens has forfeited her challenges to
the ALJ’s assessment of Dr. Wilson’s opinion. See Harner, 38 F.4th
at 898-99 (concluding that the claimant “forfeited any challenge” to
aspects of the ALJ’s decision mentioned in her brief when the
claimant’s counseled brief “consist[ed] only of block quotations
from and cursory mentions of various decisions of this and other
courts” without reference to the facts of claimant’s case and with-
out “any meaningful explanation” about how the cited decisions
applied to her claim).
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6 Opinion of the Court 22-10677
In any event, we reject Owens’s argument about the ade-
quacy of the ALJ’s statement of reasons. The ALJ explained in de-
tail the reasons for giving little weight to Dr. Wilson’s opinion.
The ALJ provided specific examples of how Dr. Wilson’s opinion
about the severity of Owens’s limitations was inconsistent with Dr.
Wilson’s own treatment records, with the objective medical evi-
dence in the record, and with Owens’s testimony. The ALJ’s ex-
planation is plainly adequate to allow for meaningful appellate re-
view. 2
Owens next asserts that she meets Listings 12.04 and 12.06.
This portion of Owens’s counseled brief consists of a recitation of
the language in Listings 12.04 and 12.06 followed by ten pages of
excerpts from Owens’s medical records and hearing testimony.
Owens offers no supporting argument or discussion about how her
medical records demonstrate that she satisfied the criteria in Listing
12.04 and 12.06. Nor does Owens challenge directly the ALJ’s de-
tailed reasons for determining that Owens’s medical conditions did
not meet those Listings. Owens has thus abandoned her
2 Owens also contends that the district court erred by offering post hoc ra-
tionalizations for the ALJ’s decision to give little weight to Dr. Wilson’s opin-
ion. We need not address that argument on appeal because we review only
the Commissioner’s decision. See Henry v. Comm’r of Soc. Sec., 802 F.3d
1264, 1266 (11th Cir. 2015) (In social security cases, “[o]ur review is ‘the same
as that of the district court,’ meaning we neither defer to nor consider any
errors in the district court’s opinion.” (citations omitted)).
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22-10677 Opinion of the Court 7
arguments about Listings 12.04 and 12.06. See Harner, 38 F.4th at
898-99; Sapuppo, 739 F.3d at 681.
AFFIRMED.