Boettcher v. Astrue

652 F.3d 860, 2011 U.S. App. LEXIS 18029, 2011 WL 3802780
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 30, 2011
Docket10-3134
StatusPublished
Cited by123 cases

This text of 652 F.3d 860 (Boettcher v. Astrue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boettcher v. Astrue, 652 F.3d 860, 2011 U.S. App. LEXIS 18029, 2011 WL 3802780 (8th Cir. 2011).

Opinions

SHEPHERD, Circuit Judge.

The Commissioner of Social Security appeals the district court’s judgment reversing the Commissioner’s decision to deny Rodney D. Boettcher supplemental security income (SSI) benefits. Because the Commissioner’s decision was supported by substantial evidence, we reverse and remand.

I.

Boettcher applied for supplemental security income under Title XVI of the Social Security Act, 42 U.S.C. § 1382. His application was denied initially and on reconsideration. Boettcher requested a hearing before an Administrative Law Judge (ALJ).

At the hearing, the ALJ received testimony from Boettcher, Boettcher’s mother, and a vocational expert. The ALJ applied the five-step sequential evaluation for determining whether a claimant is disabled, 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). At step one of the sequential evaluation, the ALJ found that Boettcher had not engaged in substantial gainful activity since May 11, 2005. At step two, the ALJ found that Boettcher experiences severe physical impairments in the form of “degenerative disc disease in the lumbosacral spinel; the residuals of fusion surgery in the lumbosacral spine; and degenerative joint disease in the right knee.” At step three, however, the ALJ decided that Boettcher’s severe impairments did not meet or equal any of the listed impairments. At step four, after discounting Boettcher’s testimony, the ALJ found that Boettcher has the residual functional capacity (RFC) to perform sedentary work, as long as he has the option of alternating between sitting and standing on the job. Finally, at step five, the ALJ concluded that although Boettcher is incapable of performing his past work as a meat trimmer, production welder, maintenance mechanic, and construction worker, he can perform other jobs that exist in the economy. The ALJ therefore concluded that Boettcher was not disabled at any time from the alleged onset date through the date of the decision. The Appeals Council [863]*863declined to hear the case, making the ALJ’s decision the final decision of the Commissioner.

Boettcher appealed the Commissioner’s decision to the district court, arguing that the ALJ erred in not finding that his impairments met or equaled one of the listed impairments at step three and erred in discounting his subjective complaints. The district court reversed, holding that because the ALJ erroneously discounted Boettcher’s testimony, the ALJ’s determination of Boettcher’s RFC was not supported by substantial evidence. The district court concluded that had the ALJ correctly credited Boettcher’s testimony, Boettcher’s RFC would have additionally included the need to lie down often and to have frequent, unscheduled breaks. Based on the testimony from the vocational expert that these two additional restrictions would make Boettcher unemployable, the district court concluded that additional proceedings would only delay his eventual receipt of disability benefits. The district court reversed the Commissioner’s decision and directed an award of benefits.

The Commissioner appeals the district court’s decision, arguing that the ALJ permissibly discounted Boettcher’s testimony and that the district court substituted its own judgment for that of the ALJ in concluding otherwise. In the alternative, the Commissioner asserts that even if the ALJ erred, the district court should have remanded for additional proceedings and erred in directing the entry of an award of benefits. Boettcher reasserts on appeal that the ALJ also erred at step three by finding that his severe impairments did not meet or equal one of the listed impairments.

II.

We review de novo a district court’s decision upholding or reversing the denial of social security benefits. Reutter ex rel. Reutter v. Barnhart, 372 F.3d 946, 950 (8th Cir.2004). We will affirm the ALJ’s decision if it is supported by substantial evidence in the record as a whole. Harris v. Barnhart, 356 F.3d 926, 928 (8th Cir.2004). Substantial evidence means less than a preponderance but enough that a reasonable person would find it adequate to support the decision. Guilliams v. Barnhart, 393 F.3d 798, 801 (8th Cir.2005). We consider both evidence that detracts from the decision and evidence that supports it. Karlix v. Barnhart, 457 F.3d 742, 746 (8th Cir.2006). We will not reverse simply because some evidence supports a conclusion other than that reached by the ALJ. Pelkey v. Barnhart, 433 F.3d 575, 578 (8th Cir.2006). Likewise, “we defer to the ALJ’s determinations regarding the credibility of testimony, so long as they are supported by good reasons and substantial evidence.” Id. (quoting Guilliams, 393 F.3d at 801).

III.

Boettcher contends that at step three, the ALJ erred in concluding that Boettcher’s impairments did not meet or exceed one of the listed impairments and in not explaining the conclusion. There is no error when an ALJ fails to explain why an impairment does not equal one of the listed impairments as long as the overall conclusion is supported by the record. See Pepper ex rel. Gardner v. Barnhart, 342 F.3d 853, 855 (8th Cir.2003); Dunahoo v. Apfel, 241 F.3d 1033, 1037 (8th Cir.2001). In order to prove that his back pain met the listed impairment for “disorders of the spine,” Boettcher was required to show not only that his degenerative disc disease is a condition “resulting in compromise of the spinal cord,” but also that he meets one of the specific symptom and documentation requirements under subsections A, B, or C. 20 C.F.R. pt. 404, subpt. P, app. 1, §§ 1.04, 1.04(A), 1.04(B), 1.04(C); see [864]*864Jones v. Astrue, 619 F.3d 963, 969 (8th Cir.2010) (stating the claimant must show that his impairment matches all of the specified medical criteria of a listing). There was evidence in the record, however, that Boettcher did not suffer from the sensory or reflex loss required under sub-part A; Boettcher did not produce the necessary documentation to show he suffered from spinal arachnoiditis required under subpart B; and Boettcher’s difficulty in walking is not the type of extreme limitation on ambulation required under subpart C. Therefore, ample evidence exists in the record to support the ALJ’s conclusion that Boettcher’s back pain was not an impairment matching the listing for “disorders of the spine.”

The ALJ also did not err in discounting Boettcher’s testimony. Before discrediting subjective complaints of pain and limitation, the ALJ must consider all of the evidence, including the claimant’s work record and daily activity; the intensity, duration, and frequency of the claimant’s pain and the conditions causing and aggravating the pain; the effectiveness of medication; and any functional limitations.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Doerr v. Dudek
D. Minnesota, 2025
Dempewolf v. Dudek
D. Minnesota, 2025
Johnson v. Dudek
D. Minnesota, 2025
Hartsough v. O'Malley
W.D. Missouri, 2024
Abdulahi v. O'Malley
D. Minnesota, 2024
King v. O'Malley
D. Minnesota, 2024
Hart v. O'Malley
D. Minnesota, 2024
Phillips v. O'Malley
D. Minnesota, 2024
Pinkelman v. O'Malley
D. Nebraska, 2024
Tucker v. O'Malley
D. Minnesota, 2024
Schaefer v. O'Malley
D. Minnesota, 2024
Greenlee v. O'Malley
D. Nebraska, 2024

Cite This Page — Counsel Stack

Bluebook (online)
652 F.3d 860, 2011 U.S. App. LEXIS 18029, 2011 WL 3802780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boettcher-v-astrue-ca8-2011.