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2022 Supreme(US)(ca8) 83

COURT OF APPEALS FOR THE EIGHTH CIRCUIT
Sara Schmitt – Appellant
Versus
Kilolo Kijakazi Acting Commis – Respondent



No. 20-3341 ___________________________

Sara Allen Schmitt

Plaintiff - Appellant

v.

Kilolo Kijakazi,1 Acting Commissioner Social Security

Defendant - Appellee ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: October 19, 2021 Filed: March 9, 2022 ____________ Before COLLOTON, SHEPHERD, and KELLY, Circuit Judges. ____________ SHEPHERD, Circuit Judge.

1 Kilolo Kijakazi has been appointed to serve as Acting Commissioner of Social Security and is substituted as the appellee pursuant to Federal Rule of Appellate Procedure 43(c). Sara Allen Schmitt appeals the district court’s2 order upholding the Commissioner of the Social Security Administration’s (Commissioner) denial of Social Security disability insurance benefits (DIB). Having jurisdiction pursuant to 28 U.S.C. § 1291 and finding that substantial evidence in the record as a whole supports the Commissioner’s denial, we affirm.

I.

On February 21, 2016, 3 Schmitt filed an application for DIB pursuant to Title II of the Social Security Act, 42 U.S.C. § 423, alleging a disability with an onset date of January 15, 2012, and an insurance status expiration date of December 31, 2016. Her application was denied initially and again on reconsideration. Schmitt then requested a hearing before an Administrative Law Judge (ALJ), which was granted.

Schmitt has an extensive medical history dating back to 2011, with symptoms including numbness, tingling, and burning in one foot; numbness stretching from her ribcage to her lower extremities; fatigue; spasticity; eye problems; and cognitive difficulties (such as difficulty with recall and organization). In 2012, Schmitt began treatment with Dr. Gary Beaver, a neurologist who diagnosed Schmitt as having multiple sclerosis. That same year, Dr. Beaver referred Schmitt to Dr. Erin Holker, a neuropsychologist, for a neuropsychological evaluation. This evaluation revealed primarily average to above-average results, though Schmitt did demonstrate some difficulty with complex designs, planning, organization, novel problem solving, and immediate recall of visual material. Dr. Holker concluded that Schmitt exhibited moderate executive dysfunction and would benefit from structure, routine, and smaller, simplified tasks.

2 The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Elizabeth Cowan Wright, United States Magistrate Judge for the District of Minnesota. 3 The report and recommendation (R&R) sets forth an application date of March 21, 2016, while other documents before the district court and the parties’ briefing to this Court set forth an application date of February 21, 2016.

-2- From 2013 through 2016, Schmitt visited Dr. Beaver for check-ups related to her multiple sclerosis. At these visits, Schmitt indicated that she was doing well but that she was suffering from fatigue, and Dr. Beaver observed that Schmitt’s motor strength was normal and that she had an unremarkable gait. In 2013, Schmitt began undergoing physical therapy for foot and ankle weakness associated with her multiple sclerosis. She later received physical therapy for other symptoms, such as side and back pain. Additionally, in 2014, Schmitt underwent a double mastectomy and chemotherapy following a breast cancer diagnosis. As a result of that chemotherapy, she reported in

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