Kyle T. v. Bisignano

Background

Kyle T. sought review under 42 U.S.C. § 405(g) of the Commissioner of Social Security’s final decision denying his application for Supplemental Security Income. He alleged disability based on keratoconus, autism, attention deficit hyperactivity disorder, depression, anxiety, and Tourette’s syndrome. An attorney represented him at the administrative hearing.

The administrative law judge found that Kyle T. had severe impairments consisting of Tourette’s syndrome, attention deficit hyperactivity disorder, depression, anxiety, and autism. The judge determined that he had the residual functional capacity—the most he could do despite his limitations—to perform work at all physical exertion levels, subject to restrictions. Those restrictions included no climbing of ladders, ropes, or scaffolds; avoidance of certain hazards; a stable work environment with few changes; simple, routine, and repetitive tasks; limited interaction with coworkers and the public; no driving as part of the job; no production-rate work; and frequent handling and fingering with both hands.

The administrative law judge found that Kyle T. had no past relevant work but could perform other jobs existing in significant numbers in the national economy, including linen room attendant, counter supply worker, and industrial sweeper. The judge therefore concluded that Kyle T. was not disabled. The Social Security Appeals Council declined further review.

Issues and Analysis

Kyle T. argued that the administrative law judge failed to account for his reliance on a structured living environment. The report recognized that Social Security policy requires consideration of a claimant’s need for such an environment when assessing residual functional capacity. But the report concluded that living with parents, by itself, did not establish that limitation here.

The report relied on evidence that Kyle T. cooked meals, did laundry, managed medications, followed recipes, exercised, cared for the family dog, drove his father to appointments, helped his father get into the car, and believed he could eventually live independently. The report also noted that he had not pursued psychotherapy, counseling, or other mental-health treatment in a highly structured setting. It concluded that the administrative law judge considered his social limitations and reasonably incorporated them into the residual functional capacity, including limits on workplace changes and interactions with coworkers and the public.

Kyle T. also argued that the administrative law judge did not adequately account for Tourette’s syndrome, including involuntary vocalizations and movements that affected his interactions with other people. The report stated that the administrative law judge acknowledged that the tics were severe, worsened in social situations, and contributed to social limitations. The judge restricted Kyle T. to only occasional and superficial interaction with the public and occasional interaction with coworkers.

The report concluded that the administrative law judge reasonably relied on medical opinions stating that Kyle T. could interact with others briefly and superficially, as well as evidence of his relationships with family members and a romantic partner. It therefore found substantial evidence supporting the residual functional capacity and declined to reweigh the evidence.

Recommendation and Notice

Judge Foster recommended that Kyle T.’s request for relief be DENIED, that the Commissioner’s request for relief be GRANTED, and that the action be DISMISSED WITH PREJUDICE.

The document is a report and recommendation, not an order or judgment of the District Court. It is therefore not directly appealable to the United States Court of Appeals for the Eighth Circuit. The report states that a party may file specific written objections within 14 days after being served with it, and that a response to objections may be filed within 14 days after service of the objections.