Valerie Olabisi v. Commissioner of Social Security

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-10804
Non-Argument Calendar
____________________
VALERIE OLABISI,
Plaintiff-Appellant,
versus
COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 3:21-cv-00020-JBT
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____________________
Before GRANT, LAGOA, and ANDERSON, Circuit Judges.
PER CURIAM:
Valerie Olabisi appeals the district court’s affirmance of the
Social Security Administration’s (“SSA”) denial of her claim for dis-
ability insurance benefits (“DIB”), under 42 U.S.C. § 405(g), and
supplemental security income (“SSI”), under 42 U.S.C.
§ 1382c(a)(3)(A). Olabisi argues that the administrative law judge’s
decision was not substantially based on the medical records and
that the judge ignored the intensity, persistence, and limiting ef-
fects of her physical symptoms. Additionally, in a section of her
brief entitled “Closing Concerns,” she disagrees with the adminis-
trative law judge’s treatment of the medical opinion of Dr. Luther
Puadesty,1 description of her appearance and demeanor while tes-
tifying, and reliance on the hypothetical of the vocational expert
(“VE”) in assessing her residual functioning capacity (“RFC”). For
the following reasons, we affirm.
I. BACKGROUND
1 The record reflects some confusion about whether the doctor’s name was
“Luther D. Quarles” or “Luther D. Puadesty.” We need not resolve this issue
because, as discussed below, Olabisi abandoned any challenge to the adminis-
trative law judge’s consideration of that medical opinion. For purposes of this
opinion, however, we refer to the doctor as Dr. Puadesty.
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A. Administrative Proceedings
On May 23, 2018, Olabisi applied for DIB and SSI, stating she
became unable to work based on her disabling condition that be-
gan on February 12, 2018. The SSA denied Olabisi’s application;
Olabisi requested reconsideration, but the SSA again denied the ap-
plication. Olabisi then requested a hearing before an administra-
tive law judge.
In her disability report, Olabisi indicated that vertigo, high
blood pressure, migraines, blackouts, knee pain, back pain, glau-
coma, chest valves, and a “messed up” “disc going down [her]
spine” limited her ability to work. Olabisi’s highest level of educa-
tion was twelfth grade, and she previously worked as a bus driver.
Olabisi noted that she was prescribed her medications for her high
blood pressure, her migraines, her depression, and her muscle
spasm in her back.
In her function report, Olabisi stated the following. She
lived alone, and her conditions limited her ability to work because
she became light-headed and dizzy and experienced changes in eye-
sight, especially when she had a migraine. Additionally, the pain
made it hard for her to stand and sit for periods of time. Olabisi
cared for her six-year-old daughter alone, and her daily activities
included waking her daughter up and getting her dressed for
school, going to appointments that she had that day or sitting in
pain, attempting to clean up if she could stand without getting
dizzy, waiting on her daughter to get home from school and help-
ing with her homework, and feeding and bathing her daughter.
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Olabisi’s illnesses or injuries caused her to wake up every few
hours, and she got very little sleep because of her pain.
Under personal care, Olabisi stated that she: could not iron
clothes; could bathe on her own, but her daughter helped her
sometimes; kept her hair in a ponytail because her arms; could feed
herself when she had an appetite; sometimes did not make it to the
restroom to use the toilet; and sometimes forgot to take her medi-
cine, but her friend provided daily reminders. Olabisi prepared her
meals weekly, usually something “easy and quick” because she
could not make a “full course meal” as it was hard for her to stand,
but her older daughter tried to prepare weekly meals when she
could. Olabisi could wash dishes and wipe down the counters but
needed help doing yardwork and laundry because those tasks hurt
her back and made her dizzy. She drove occasionally, but usually
only when she had someone else with her, and shopped for her
daughter’s clothes when necessary. Her hobbies included watch-
ing television and coloring. She visited with her children two or
three times per week and attended church regularly.
Olabisi indicated that her illnesses and conditions affected
her ability to lift, squat, bend, stand, reach, walk, sit, kneel, climb
stairs, see, concentrate, follow instructions, and complete tasks.
She could only walk short distances for about five minutes, could
only pay attention for about thirty minutes, did not handle changes
in routine well, and was scared that she may fall and hit her head.
She used a cane and glasses or contact lenses.
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On January 16, 2020, the administrative law judge con-
ducted a hearing, where Olabisi testified about the following. She
became unable to work on February 12, 2018 and had not worked
since that date. Olabisi’s symptoms included problems in her back,
which made it difficult for her to sit for long periods, and problems
down her legs, which made bending and stooping difficult. Pain
medications helped a little with her pain but made her feel dizzy
and nauseous and blurred her vision. She could stand for about
fifteen to twenty minutes at a time, walk for about twenty to thirty
minutes at a time, and sit for about twenty to thirty minutes at a
time. Olabisi could lift about five pounds and had an operation on
her hand, which did not provide her with any improvements.
Olabisi got migraines twice a week, each lasting about two days,
and she had problems with sound during the migraines. Medica-
tions helped her migraines sometimes, but if she was afflicted with
a particularly bad migraine, she went to the emergency room to
receive a shot. On a typical day, she stood, sat, and walked, did
light driving, did limited household chores, did not prepare meals,
needed help getting dressed, needed help bathing sometimes,
could not do the laundry, and shopped occasionally. She slept for
two or three hours per night and took ten-minute naps throughout
the day.
In her job as a bus driver, she sometimes had to help passen-
gers carry their bags, which weighed about fifty to sixty pounds.
She also had to climb the bus steps, walk throughout the bus, strap
down wheelchairs, bend, and stoop. Sometimes, Olabisi had to
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help wheelchair passengers get on the bus. Due to surgery on her
right hand, she could not do any handling or grasping with it, and
she wore a brace all the time. She experienced neck and low-back
pain all the time, as well as spinning, nausea, dizziness, and sei-
zures. Olabisi clarified that the seizures were more like blackouts
where she would lose consciousness, and they did not occur regu-
larly. Her knees hurt constantly, and while she used a cane, her
right-hand surgery made gripping the cane difficult. She took
about seventeen medications and often experienced shortness of
breath when walking.
The administrative law judge called Jenny Kramer, a VE, to
testify. The VE classified Olabisi’s previous work as a medium
strength level position with an SVP level of 4. The judge asked the
VE if, hypothetically, an individual could perform Olabisi’s past
work, if the individual was the same age, had the same education
and past work experience, and had limitations of light exertional
level with: (1) occasional climbing of ramps and stairs; (2) no climb-
ing of ladders, ropes, and scaffolds; (3) occasional balancing, stoop-
ing, kneeling, crouching, and crawling; (4) occasional overhead
reaching; (5) no more than frequent handling and fingering; and (6)
was limited to work settings outside the presence of moving me-
chanical parts or at unprotected heights; (7) could only perform
work that needed little or no judgment to do simple duties that
could be learned in thirty days; (8) was able to deal with changes in
a routine work setting; and (9) socially could relate adequately to
supervisors, sometimes with coworkers, and generally with the
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22-10804 Opinion of the Court 7
public. The VE testified that the individual would be unable to
perform Olabisi’s past work, but such an individual could perform
other positions such as a photocopying machine operator, of which
there were around 18,000 positions nationally, a routing clerk, of
which there were around 50,000 positions nationally, or a house-
keeping cleaner, of which there were around 295,000 positions na-
tionally. Next, the judge asked the VE whether an individual could
perform any work in the national economy if, in addition to the
details in the first hypothetical, the individual was off task for ap-
proximately twenty percent of the workday, accounting for two
fifteen-minute breaks, and one thirty-minute break. The VE testi-
fied that the individual would not be suited for any jobs because
the limitations were outside of employer tolerances. The VE also
stated that up to one day of absences was tolerated per month, but
anything outside of that would result in no suitable jobs.
Additionally, the following medical and opinion evidence
was presented. In 2016 and 2017, before Olabisi’s alleged disability
onset date, she visited Baptist Primary Care (“BPC”) and the emer-
gency department of Baptist Medical Center Jacksonville (“BMCJ”)
on several occasions for knee, chest, fingers, and hand pain; hyper-
tension; and migraines. In January 2017, Olabisi’s medical records
indicated that she had left knee swelling with pain after a fall, and
an MRI finding noted that she had a history of trauma to her knee.
She presented to Heartland Rehabilitation Services (“Heartland”)
in February 2017 to address her left knee pain, which she rated at a
five out of ten pain. Olabisi was discharged from physical therapy
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(“PT”) four months later after five sessions of therapy. In May
2017, Olabisi visited BPC to address her left knee pain, which
caused her significant problems with pain. In July 2017, Olabisi
presented to Heartland for an initial evaluation to address her chest
pain. In September 2017, she presented to CareSpot Express
Healthcare for right hand pain, which she rated as seven out of ten.
On February 7, 2018, Olabisi went to BPC to address her
headaches and vision changes. Dr. Robert E. Rosemund noted
that, if she controlled her blood pressure better, she would experi-
ence less frequent headaches. He also stated that she could not re-
turn to work immediately because of her symptoms.
Between February 12, 2018, and July 3, 2018, Olabisi visited
BPC eight times. Dr. Rosemund noted that Olabisi had forty-nine
or more active health problems including, in relevant part, depres-
sion, headaches, knee pain, chest pain, obesity, and hypertension.
On various visits, Olabisi reported difficulty sleeping, persistent mi-
graines, chest pain, body pain, and dizziness. Dr. Rosemund con-
ducted an MRI of Olabisi’s cervical spine and diagnosed her with
multi-level cervical degenerative disc and spine disease, most pro-
nounced at C5 to C6. Also, Dr. Rosemund conducted an MRI of
her brain, which did not reveal any acute abnormalities or mass
effects but did reveal a small meningioma.
Between February 2018, and June 2018, Olabisi visited
EMAS Spine & Brain Specialists (“EMAS”) seven times. Dr. Anika
Goel determined that Olabisi had chronic migraines without aura;
dizziness; blurred vision; and vision changes. During several visits,
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Dr. Goel noted that Olabisi was alert and oriented, her immediate
memory and recall were intact, and her upper and lower extremi-
ties measured five out of five on strength. In May 2018, she under-
went a nerve conduction study of the bilateral lower extremities
and a needle EMG of the left lower extremity, which revealed no
evidence of an acute or chronic left lumbosacral radiculopathy, a
lower extremity plexopathy, or entrapment neuropathy or mo-
noneuropathy in the lower extremities.
Between February 2018 and January 2020, Olabisi visited
three different emergency rooms on four occasions to address re-
ports of pain. She visited BMCJ on two occasions, once for right
knee pain and once for chest pain, but tests did not reveal medical
abnormalities, and she was discharged on both occasions. Olabisi
also visited Shands Jacksonville where she reported a history of
headaches dating back to 1988, blurred vision, facial pain, glau-
coma, and dizziness. (Doc. 13-9 at 16). Finally, she visited Ascen-
sion St. Vincent’s and reported pain in her wrist, but she was dis-
charged after her x-rays were negative for osseous or dislocation.
On May 7, 2018, Olabisi visited Jacksonville Hearing & Balance In-
stitute to address her issues with dizziness. She reported that the
dizziness began ten months prior, and the severity was moderate
but worsening.
Between February 2018 and July 2019, Olabisi presented to
Baptist Heart Specialists and other Baptist medical offices for chest
pain and hypertension. On February 28, 2018, Dr. Kenneth Adams
conducted an EKG on her, which revealed sinus tachycardia, a
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possible left atrial enlargement, and an abnormal ECG. In May
2018, Olabisi received an echocardiogram, which revealed sinus
rhythm, normal to slightly hyperdynamic left ventricular systolic
function, and otherwise normal function and appearance. She un-
derwent a treadmill stress test in July 2018 that revealed no signifi-
cant changes from her baseline EKG, but she was only able to walk
for three minutes because she complained of knee pain and dizzi-
ness.
Between March 2018, and August 2019, Olabisi visited
Brooks Rehabilitation (“Brooks”) for both PT and occupational
therapy (“OT”). On several occasions, she complained of head-
aches and dizziness that limited her daily activities because walking
and bending down increased her symptoms, but she reported that
a shot administered to her neck and back improved her symptoms.
Olabisi also visited Brooks for numbness and pain in both hands
and wrists. Initially, she had decreased range of motion and
strength, increased hand pain, decreased hand coordination, de-
creased motor control, impairment on her dominant side, muscle
guarding, and pain. By September 2018, Olabisi had achieved mod-
ified independence in ambulation, feeding, toileting, bathing,
grooming, and household chores, and minimum assistance in
dressing. Her records indicated that she had (1) a right-hand grip
strength of ten pounds, increased from zero pounds at her initial
evaluation; and (2) a left-hand grip strength of sixty-five pounds,
increased from six pounds.
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Additionally, Olabisi visited Brooks for OT and PT to ad-
dress her bilateral knee pain. She reported that her daily activities
were limited by her knee pain, including that she was unable to
sleep lying down, she needed a cane to ambulate and could only
walk for five minutes before she needed to sit down, she used a
shower chair when bathing, and she sat down when she got dressed
due to her lack of balance. Her records noted improvements in
range of motion and gentle strengthening. At discharge from OT,
Olabisi reported that she could (1) sleep while lying down; (2) am-
bulated without assistance, but was limited by her bilateral knee
pain; (3) could dress herself half the time and her daughter assisted
her with putting on tops and tying her shoes; (4) bathe without as-
sistance about fifty percent of the time if she used her shower chair;
(5) groom herself about fifty percent of the time, including inde-
pendently washing her face and putting on deodorant; (6) fold laun-
dry; and (7) shop with the assistance of her daughter. Likewise, at
discharge for PT, Olabisi reported improvements in her pain in
both knees. However, she did not meet several of her long-term
goals, as she failed to achieve “clinically meaningful improvement
in standing to dress, performing household chores, and ambulating
for community distances.” Likewise, she only met fifty percent of
her long-term goal of ambulating for fifteen minutes without the
use of an ambulation device while grocery shopping.
Between July 2018 and January 2020, Olabisi visited Coastal
Spine & Pain Center (“Coastal”) thirty-one times to address her
headaches, pain in her neck, shoulders, low back, knees, wrists, and
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hands, and for various treatments to alleviate her symptoms. Dr.
Scott Schimpff treated Olabisi on many of her visits and diagnosed
her with cervical pain and radiculopathy, knee pain in both knees,
muscle spasms, carpel tunnel syndrome, low back pain, and osteo-
arthritis of the cervical spine. Regarding her knee pain, Olabisi re-
ceived steroidal injections in her knees on several occasions, and
twice in her back, which she stated relieved her pain.
In September 2018, her cervical spine, left knee, and lumbar
spine were radiographed with the following results: (1) her cervical
spine showed mild degenerative changes between C4 and C6; (2)
her right and left knees did not show any fracture or significant de-
generative changes; and (3) her lumbar spine showed slight retrol-
isthesis of L5 over L1 in the extension view with mild levoscoliosis.
In October and November 2018, Olabisi presented to Coastal for a
cervical medial branch block left and right at the C3-C6 levels. In
December 2018, an MRI was conducted on her right knee, which
resulted in a finding of an intrasubstance myxoid change to her me-
niscus, without a surface tear, trace joint effusion, and trace fluid in
her deep infrapatellar bursa.
Also, at Coastal, Dr. William Neway III treated her for her
wrist pain and numbness, which he diagnosed as carpal tunnel syn-
drome and de Quervain Tenosynovitis. Olabisi’s left and right
wrists were x-rayed in November 2018, but neither wrist demon-
strated a fracture, dislocation, or subluxation, and her alignment of
bones was excellent, her soft tissue planes were normal, she did not
have any foreign bodies, and her bone density and maturity were
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22-10804 Opinion of the Court 13
normal. Dr. Neway performed a carpal tunnel release and de
Quervain’s release on Olabisi in June 2019 (right hand and wrist)
and December 2019 (left hand and wrist). After the surgery on her
right hand and wrist, she reported that her numbness and tingling
had improved and that her home physical therapy exercises helped
increase her range of motion.
Further, many of Olabisi’s visits to Coastal were for medica-
tion management, and she frequently stated that pain medications
“significantly” or “moderately” improved her symptoms without
reporting any side effects. Also, on at least one occasion she re-
ported that her medications provided her with a reasonable level
of pain relief, with improvements in both function and activity tol-
erance. Olabisi’s medical records from Coastal indicated that PT
and OT improved her pain.
In August 2018, Olabisi presented to the Jacksonville Eye
Center for an eye exam, where Dr. Robert Schnipper noted that
she had primary open-angle glaucoma and had limited mobility
due to a leg brace.
In November 2018, Olabisi presented to Advanced Diagnos-
tic Group for an MRI of her cervical spine. Dr. David R. Priest re-
ported that the MRI revealed a concentric uncovertebral hydropa-
thy, which in conjunction with facet hypertrophy and ligamental
flava laxity, precluded mild central canal narrowing, mild right neu-
ral foraminal narrowing, and moderate-severe left neural foraminal
narrowing, at the C5 to C6, C4 to C5, and C3 to C4 levels.
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Olabisi returned to Brooks in August 2019, where she re-
ported that her right hand was in so much pain that she could not
use it. She reported that she had to use her left hand when eating,
and dressing, and that she could not use her right hand to get
dressed, use the toilet, bathe, and do laundry. Brooks discharged
Olabisi in October 2019, noting improvement in her pain symp-
toms from her initial evaluation. Lizbeth Martinez, OT, noted that
Olabisi made significant improvements and met most of her goals,
increased her strength, and decreased pain.
In October 2019, Olabisi presented to Heartland for PT.
Olabisi reported that she had bilateral neck pain with pain down
her spine and migraines. She returned the next month, where her
chief complaint was pain from the base of her skull down to her
shoulder blades.
Dr. Puadesty from St. Vincent Healthcare completed a phy-
sician medical source statement for Olabisi. Dr. Puadesty stated
that he treated her between August 2018 and December 2019 and
diagnosed her with chronic pain, migraines, seizures, and carpal
tunnel syndrome. He also stated that Olabisi was debilitated be-
cause of her chronic medical issues, which included symptoms of
pain, headaches, migraines, limited mobility, limited ability to
stand or sit, loss of dexterity, and photophobia. Dr. Puadesty indi-
cated that he expected Olabisi’s symptoms to last at least twelve
months, emotional factors contributed to the severity of her symp-
toms and functional limitations, and she suffered from depression.
He stated that she could only walk zero to one city block without
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22-10804 Opinion of the Court 15
rest or severe pain, she could sit for only five minutes before she
needed to stand and could only stand for five minutes before she
needed to sit. Dr. Puadesty noted that he was unsure whether
Olabisi could tolerate working because of her pain, and that if she
was employed, she would often need to take unscheduled breaks
due to muscle weakness or pain. As for her limitations, Dr.
Puadesty recorded that Olabisi could sometimes lift less than ten
pounds but could never lift twenty or fifty pounds and that she
could never twist, stoop, crouch, climb stairs, or climb ladders, and
she had a significant limitation with reaching, handling, or finger-
ing. He also stated that she would be off-task more than twenty-
five percent of the time and was incapable of even low-stress be-
cause of her pain and migraines, and she would likely be absent
from work more than four days per month.
On February 26, 2020, the administrative law judge issued a
final decision. Using the five-step sequential evaluation process,
the judge found that Olabisi: (1) met the insured status require-
ments through December 31, 2023; (2) had not engaged in substan-
tial gainful activity since February 12, 2018; (3) had severe impair-
ments of migraines, a seizure disorder, carpal tunnel syndrome,
cervical and lumbar degenerative disc disease, hypertension, obe-
sity, depression, and anxiety; and (4) had non-severe impairments
of glaucoma and knee pain, which did not limit her ability to per-
form basic work activities. At step four, the judge found that
Olabisi did not have an “impairment or combination of impair-
ments that [met] or medically equal[ed] the severity of one of the
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16 Opinion of the Court 22-10804
listed impairments in 20 CFR Part 404.” As for Olabisi’s mental
impairments, the ALJ found that she had a “moderate limitation in
understanding, remembering or applying information; a moderate
limitation in interacting with others; a mild limitation regarding
concentrating, persisting or maintaining pace; and a moderate lim-
itation as for adapting or managing oneself.”
At step five, the administrative law judge considered all of
Olabisi’s symptoms and the extent to which those symptoms could
be accepted as consistent with the objective medical evidence and
found that Olabisi had the RFC to perform light work, as defined
in 20 C.F.R. §§ 404.1567(b) and 416.967(b). However, he found
that Olabisi had the following limitations:
no climbing of ladders, ropes, and scaffolds; no more
than occasional climbing of ramps and stairs, balanc-
ing, stooping/bending, kneeling, crouching, and
crawling; no more than occasional reaching over-
head; no more than frequent handling and fingering;
limited to noise level of 3 or moderate; no exposure
to moving mechanical parts and unprotected heights;
limited to performing simple work, which needs little
or no judgment to do simple duties that can be
learned on the job in a short time (up to and including
30 days); is able to deal with changes in a routine
work setting; can adequately interact with supervi-
sors; and no more than occasional interaction with
the general public and co-workers.
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The judge found that Olabisi’s “medically determinable im-
pairments could reasonably be expected to cause the alleged symp-
toms; however, [her] statements concerning the intensity, persis-
tence and limiting effects of these symptoms [were] not entirely
consistent with the medical evidence and other evidence in the rec-
ord.” The judge stated that he could not give evidentiary weight
to medical opinions and prior administrative findings, but he con-
sidered them in making his findings. The judge deemed the state
agency medical consultants as persuasive, as they were “supported
by detailed explanation, rationale, and analysis of the medical evi-
dence of record available at time of their review.” The judge also
found the opinions of the state psychological consultants less per-
suasive because medical records received after the state psycholog-
ical evaluations established that Olabisi had severe mental impair-
ments that imposed non-exertional limitations. The judge also
found Dr. Puadesty’s opinion unpersuasive because it was not sup-
ported by objective medical findings and was inconsistent with the
medical evidence in the record. He noted that there were no med-
ical records on file from St. Vincent’s except for emergency room
records, despite Dr. Puadesty’s statement that he had been treating
Olabisi since 2018.
The administrative law judge found that Olabisi claimed she
had limited daily activities, but that she also reported that she lived
alone, cared for her daughter, cooked simple meals, cared for her
personal needs, washed dishes, wiped down countertops, shopped,
managed finances, went to church, and drove short distances. He
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18 Opinion of the Court 22-10804
found that she received treatment that had been “somewhat suc-
cessful in controlling her symptoms” and that the record was silent
as to any objective medical findings that would prevent her from
performing work activities within her RFC. The judge also found
that Olabisi’s alleged disabling impairments were present at ap-
proximately the same level of severity before the alleged onset
date, which was bolstered by her appearance and demeanor at the
hearing. The judge “emphasized that this observation is only one
among many being relied on in reaching a conclusion regarding the
persuasiveness” of Olabisi’s allegations and her RFC.
Next, the administrative law judge found that Olabisi could
not perform any past relevant work as a bus driver. He found that
she was a “younger individual,” had a least a high school education,
and was able to communicate in English. The judge found that,
considering Olabisi’s age, education, work experience, and RFC,
jobs existed in significant numbers in the national economy that
she could perform, including jobs such as a photocopy machine op-
erator, routing clerk, and housekeeping cleaner. Ultimately, he
found that she was not disabled as defined by the SSA from Febru-
ary 12, 2018.
Olabisi requested review by the Appeals Counsel (“AC”).
The AC denied Olabisi’s request, finding no reason to review.
B. District Court Proceedings
Olabisi challenged the administrative law judge’s decision in
district court. In response, the Social Security Commissioner
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22-10804 Opinion of the Court 19
argued in favor of the decision, stating that the administrative law
judge properly considered the relevant evidence when he made his
RFC finding, and his RFC finding was supported by substantial ev-
idence. The parties consented to have the case heard by a magis-
trate judge.
The magistrate judge issued an order affirming the adminis-
trative law judge’s denial of Olabisi’s request for benefits. The
magistrate judge found that Olabisi had raised one argument on
appeal: “The unfavorable decision does not evidence a substantial
consideration of the prescribed physical/occupational progress
notes. Can said decision be respected as comprehensively depicting
the effects of all impairments?” The magistrate judge rejected
Olabisi’s argument, finding that even though the administrative
law judge did not specifically mention the records Olabisi identi-
fied, the judge adequately reviewed the overall medical evidence.
The magistrate judge explained that it was not the function of a
reviewing court to reweigh the evidence as a whole. This appeal
ensued.
II. STANDARD OF REVIEW
We review a social security disability case to determine
whether the Social Security Commissioner’s decision is supported
by substantial evidence.
Viverette v. Comm’r of Soc. Sec., 13 F.4th
1309, 1313 (11th Cir. 2021). We review
de novo whether the ad-
ministrative law judge applied the correct legal standards.
Id. at
1313–14. In reviewing for substantial evidence, we “may not de-
cide the facts anew, reweigh the evidence, or substitute our
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20 Opinion of the Court 22-10804
judgment for” the administrative law judge.
Id. at 1314 (quoting
Winschel v. Comm’r of Soc. Sec., 631 F.3d 1176, 1178 (11th Cir.
2011)). Substantial evidence is relevant evidence, greater than a
scintilla, that “a reasonable person would accept as adequate to
support a conclusion.”
Walker v. Soc. Sec. Admin., Comm’r,
987 F.3d 1333, 1338 (11th Cir. 2021) (quoting
Winschel, 631 F.3d at
1178);
accord Cornelius v. Sullivan, 936 F.2d 1143, 1145 (11th Cir.
1991). However, a decision is not based on substantial evidence if
it focuses on one aspect of the evidence while disregarding contrary
evidence.
See McCruter v. Bowen, 791 F.2d 1544, 1548 (11th Cir.
1986).
III. ANALYSIS
Eligibility for DIB requires that the claimant be disabled.
42 U.S.C. § 423(a)(1)(E). A claimant is disabled if she cannot engage
in substantial gainful activity because of a medically determinable
impairment that can be expected to result in death or that has lasted
or can be expected to last for at least twelve months.
Id.
§ 423(d)(1)(A). “[T]he claimant bears the burden of proving that
[she] is disabled, and, consequently, [she] is responsible for produc-
ing evidence in support of [her] claim.”
Ellison v. Barnhart, 355
F.3d 1272, 1276 (11th Cir. 2003).
To determine whether a claimant is disabled, the adminis-
trative law judge considers medical opinions from acceptable med-
ical sources, including physicians and psychologists. 20 C.F.R.
§ 404.1502(a)(1)–(2). For claims filed on or after March 27, 2017,
the administrative law judge cannot “defer or give any specific
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22-10804 Opinion of the Court 21
evidentiary weight, including controlling weight, to any medical
opinion(s) or prior administrative medical finding(s).”
Id.
§ 404.1520c(a). When the administrative law judge evaluates the
persuasiveness of medical opinions and prior administrative medi-
cal findings, the judge should consider (1) supportability, and
(2) consistency as the most important two factors, but he should
also consider (3) the medical sources relationship with the claim-
ant; (4) whether the medical source received an advanced educa-
tion and training to become a specialist; (5) and other factors.
Id.
§ 404.1520c(b)–(c). As to supportability, the judge should consider
objective medical evidence that is supported by medical opinions
as more persuasive.
Id. §404.1520c(c)(1). And, as to consistency,
the judge should consider medical opinions that are more con-
sistent with evidence from other medical sources and nonmedical
sources as more persuasive.
Id. § 404.1520(c)(2).
A three-part “pain standard” applies when a claimant at-
tempts to establish disability through her testimony of pain or
other subjective symptoms.
Wilson v. Barnhart, 284 F.3d 1219,
1225 (11th Cir. 2002). To meet the pain standard, the claimant
must provide “evidence of an underlying medical condition and ei-
ther” and either provide objective medical evidence confirming the
severity of the claimant’s alleged pain arising from that condition
or show “that the objectively determined medical condition is of
such a severity that it can be reasonably expected to give rise to the
alleged pain.”
Holt v. Sullivan, 921 F.2d 1221, 1223 (11th Cir. 1991);
accord Kelley v. Apfel, 185 F.3d 1211, 1215 (11th Cir. 1999). This
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22 Opinion of the Court 22-10804
standard “also applies to complaints of subjective conditions other
than pain.”
Holt, 921 F.2d at 1223. “The claimant’s subjective tes-
timony supported by medical evidence that satisfies the standard is
itself sufficient to support a finding of disability.”
Id. “Indeed, in
certain situations, pain alone can be disabling, even when its exist-
ence is unsupported by objective evidence.”
Foote v. Chater,
67 F.3d 1553, 1561 (11th Cir. 1995);
accord Marbury v. Sullivan, 957
F.2d 837, 839 (11th Cir. 1992).
The administrative law judge must consider all the claim-
ant’s symptoms, including pain, to “the extent to which [the claim-
ant’s] symptoms can reasonably be accepted as consistent with the
objective medical evidence and other evidence.” 20 C.F.R.
§§ 404.1529(a), 416.929(a). Additionally, the administrative law
judge considers all of the claimant’s “statements about [her] symp-
toms, such as pain, and any description [her] medical sources or
nonmedical sources may provide about how the symptoms affect
[her] activities of daily living and [her] ability to work.”
§§ 404.1529(a), 416.929(a). However, the claimant’s statements
about her pain alone are not sufficient to establish that she is disa-
bled, and the claimant must provide “objective medical evidence
from an acceptable medical source that shows [that the claimant
has] a medical impairment(s) which could reasonably be expected
to produce the pain or other symptoms alleged,” and that could
lead to a conclusion that the claimant is disabled.
§§ 404.1529(a), 416.929(a). Additionally, Social Security Ruling
16-3p requires “adjudicators to consider all of the evidence in an
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22-10804 Opinion of the Court 23
individual’s record when they evaluate the intensity and persis-
tence of symptoms after they find that the individual has a medi-
cally determinable impairment(s) that could reasonably be ex-
pected to produce those symptoms.” 81 Fed. Reg. 14166 (Mar. 16,
2016).
When evaluating a claimant’s subjective symptoms, the ad-
ministrative law judge must consider such things as (1) the claim-
ant’s daily activities; (2) the nature and intensity of pain and other
symptoms; (3) precipitating and aggravating factors; (4) effects of
medications; and (5) treatment or measures taken by the claimant
for relief of symptoms.
See 20 C.F.R. § 404.1529(c)(3). If the ad-
ministrative law judge “discredits subjective testimony, he must ar-
ticulate explicit and adequate reasons for doing so. Failure to artic-
ulate the reasons for discrediting subjective testimony requires, as
a matter of law, that the testimony be accepted as true.”
Wilson,
284 F.3d at 1225 (citation omitted).
Reviewing the record, substantial evidence supports the ad-
ministrative law judge’s determination that, although Olabisi’s
medical impairments could be reasonably expected to cause her
symptoms, including pain, her statements regarding the intensity,
persistence, and limiting effects of her symptoms were not convinc-
ing, as they were not entirely consistent with the medical evidence
and other evidence in the record. This finding is supported by sub-
stantial evidence in the record including Olabisi’s function report,
her testimony, and the objective medical evidence detailed above.
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To the extent that Olabisi asks us to reweigh the evidence pre-
sented to the administrative law judge, we decline to do so.
Additionally, under our caselaw, in order to properly pre-
sent an issue on appeal, a party “must plainly and prominently so
indicate, i.e., in a section of [her] brief that is demarcated by a bold-
face heading or by some equivalent notation.”
United States v. Jer-
nigan, 341 F.3d 1273, 1283 n.8 (11th Cir. 2003). And, “[a]t the very
least, [s]he must devote a discrete, substantial portion of his argu-
mentation to that issue”; otherwise, the issue will be considered
abandoned.
Id. Notably, a party fails to adequately present an issue
by raising it only in a passing reference or perfunctory manner, par-
ticularly where it is “buried” within other arguments or through
conclusory assertions “without supporting arguments and author-
ity.”
Sapuppo v. Allstate Floridian Ins. Co., 739 F.3d 678, 681-82
(11th Cir. 2014).
Here, Olabisi raised the administrative law judge’s treat-
ment of the medical opinion of Dr. Puadesty, description of her
appearance and demeanor while testifying, and reliance on the
VE’s hypothetical in a perfunctory manner, failing to devote dis-
crete, substantial portions of her brief to these issues.
See id. Be-
cause Olabisi has not adequately briefed those issues, we therefore
conclude that she abandoned them.
Id.
Accordingly, we affirm.
AFFIRMED.
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